Saturday, October 19, 2013

Letter to Madame Fatou Bensouda of ICC


From Macha Tulama Cooperative and Development Association USA

18 October 2013
Madame Fatou Bensouda,
Chief Prosecutor, Office of the Prosecutor of
the International Criminal Court (ICC/OTP)
The Hague, Netherlands
Dear Madame Bensouda,
It is deeply concerning to learn that Ethiopia, Kenya and Sudan have drafted plans to undermine the International Criminal Court (ICC) at the October 11- 12, 2013 African Union meeting in Addis Ababa Ethiopia. The plans were to oppose ICC efforts to bring dictators and heads of state in Africa to justice, particularly those who committed atrocities. Attempts by some AU members include delays into the investigation of President Uhuru Kenyatta and William Ruto, who were alleged to have a role in the 2007 Kenyan election violence. Macha Tulama USA is concerned that these efforts are designed to hide crimes committed on the continent, including joint efforts between Governments such as Ethiopia, Kenya, Sudan, Djibouti and Somalia.
In the case of Ethiopia, it is well documented that the Northern Ethnic groups, Tigrayan and Amhara, have committed egregious human rights violations and genocide of people groups in South and Central regions. Many human rights advocacy groups have documented these human rights violations including against people from the Omo valley, regions of Oromia, Ogaden, Sidama, Anuak, and Afar.
ETHIOPIA
HISTORICAL REFERENCE
Oromo who make up more than 40% of Ethiopia’s population have been marginalized by occupying ethnic groups, Amhara (Abyssinians), since Oromo lost independence. Soon after Abyssinians annexed Oromia, the Abyssinians committed Genocide against Oromo and other Southern nations. In the case of Oromo, estimated figures of dead were close to 5 million, with many deaths at Aanoolee and Calaanqo, Oromia.
A February 26, 1895 New York Times article references atrocities by Abyssinian Emperor Menelik II in the late 1880s. The article, “Menelek’s Terrible Expedition,” cites the Tribuna and reports that King Menelik massacred 70,000 Oromo and captured 15,000 at one location.
HUMAN RIGHTS VIOLATIONS
Human Rights League of the Horn of Africa, Oromo Support Group, Human Rights Watch, US State Department, Government of Australia, Genocide Watch and Amnesty International are among governments and NGOs that documented human rights abuses by the Government of Ethiopia (GOE).  These violations of human rights include instances where GOE:
  • used paramilitary groups to carry out extrajudicial torture, detention and killings against particularly Oromo people. The resulting consequence is a large exodus of Oromo refugees. In 2012, more than 75,000 refugees crossed over to Yemen from Somaliland by way of human traffickers. It is believed that more than 50% are Oromo.
  • forced farmers off indigenous land for sale to large commercial farmers from Middle East, Asia and Europe (land grab). This has been occurring in large scale on Gambella and Oromo regions.
  • forced relocation of indigenous pastoralists from ethnic people of Omo valley for the Gibe III hydroelectric dam. The forced relocation includes killings members of their communities.
  • targeted killings of Oromo refugees in neighboring countries such as Somaliland, Djibouti, Puntland, and Kenya.
  • Forced refoulement of Oromo refugees in neighboring countries including those who have UNHCR Mandates and who are to be protected by Article 3 of the Convention against Torture. Article 3 states that:
No state party shall expel, return (“refouler”) or extradite a person to another state where there are substantial grounds to believe that they would be in danger of being subjected to torture.
One recent case of Oromo refugee being refouled, then tortured and killed in an Ethiopian prison is that of Mr Tesfahun Chemeda. The killing of Mr Tesfahun Chemeda was documented by the following:
OROMO PERSPECTIVE
One Oromo perspective on Human rights abuses was recently aired by Al Jazeera in a panel discussion on Oromo Seek Justice in Ethiopia. The discussants explained that Oromo are targeted by GOE through discrimination and violence for being ethnic Oromo. Some believe the targeting is out of fear of relinquishing power through elections to a people they occupy, reminiscent of the former Apartheid system of South Africa.
Many of the GOE policies were geared around ensuring restricted access of Oromo to available protections and development instituted by UN and other international organizations. Ethiopia’s 2009 Charities and Societies Proclamation Act is one example where laws were enacted to implement Ethiopian targeted policies against many, particularly Oromo. Amnesty International report, ‘Stifling human rights work: the impact of Ethiopia’s civil society legislation’, provides analysis of the 2009 Act. Amnesty’s report stated:
“The law has had a devastating impact on human rights organizations, and has significantly restrained human rights defenders from conducting their legitimate and vital role in civil society. The country’s leading human rights organizations have lost almost all of their income because of the funding restrictions. Further, these organizations have been subjected to enforced changes of mandate, programme activities or the name of their organization.”
Human Rights Watch recently conducted research into Ethiopian prisons and published ”They want a confession.” The report confirms the Oromo perspective, particularly as it relates to GOE targeting Oromo:
“Ethiopian police and other security forces are regularly implicated in arbitrary arrest and detention and the violation of basic due process rights. Those particularly vulnerable to such abuse include activist students; protesters; journalists; members of the political opposition, particularly ethnic Oromo parties; alleged supporters of insurgent groups, such as the Oromo Liberation Front (OLF) and the Ogaden National Liberation Front (ONLF); and anyone suspected in broadly defined “terrorist” activities.”
OROMO REFUGEES
Oromo refugees experience the external policies of GOE through human rights abuses outside of Ethiopia in places such as Djibouti, Somaliland, Puntland, Kenya, Sudan and Yemen. The GOE has established military and security cooperation with many of those countries. An end result is violations of international laws and agreements, particularly on human rights. Many of the violations include:
  • establishing refoulement of Oromo as a common practice
  • executions of Oromo civilians in other countries
  • blocking international assistance in third countries of Oromo Refugees (men, women and children) particularly on health needs
It is this established cooperation that requires urgent action by the International community, as it lays the ground work for continuation and worsening of human rights violations.
RECOMMNEDATIONS:
It is known that Ethiopia refuses to sign the Rome Statute. It is deeply concerning to know that in addition to rejecting International norms on protection of civilians, the GOE is actively engaged in pressuring other African Countries to disassociate with ICC objectives in order to legitimize Ethiopian inhumane acts.
  • We urge ICC to continue and not be deterred by agents who seek to block protection of humanity, particularly those who believe it is their right to persecute oppressed people.  Doing so will strengthen efforts of the International Community in protecting innocent civilians throughout the world.  In Uganda, it is reported that many are concerned with election related violence. If the will of some AU members is allowed, those who incite violence will continue to act without impunity.
  • We urge ICC to work closely with Human Rights groups, Oromo advocacy groups and organizations to investigate Ethiopia even though they are not signatures to the Rome Statute
Sincerely,
Mardaasa Addisu
Secretary of Macha Tulama Cooperative and Development Association
http://www.machatulama-usa.org/
REFERENCE ON ETHIOPIAN HUMAN RIGHTS VIOLATIONS
Abductions and Refoulement of Oromo Refugees from neighboring countries
Djibouti December 31, 2012 A Human Rights League of the Horn of Africa Press Release (HRLHA UA NO 2013) reports on abduction and refoulment of Oromo and Ogaden refugees including those with UNHCR Mandates. It was reported by several sources that the refugees are in Dire Dewa prison in Ethiopia.
*UNHCR Case # COM-13-0045 recently opened on this incident.
Somaliland November 23, 2012 Attached is the HRLHA report on Ms Riyana Abdurahman Yusuf, who was taken by Somaliland Security and refouled. It was last reported that she was held in a prison in Ethiopia Jigjiga Ogaden.
Somaliland August 31, 2012  Former UNHCR Somalia Head Bruno Geddo documented incident at Social Welfare Center in Hargeisa where Somaliland Police and locals attacked many Oromo refugees and asylum seekers. The incident was compounded by attempt to refoul a large group of Oromo refugees and mandate holders. According to Mr Bruno Geddo, and local contacts, UNHCR successfully returned 73 Oromo refugees after aggressive lobbying with Somaliland authorities. Many Asylum seekers were refouled, despite UNCHR attempt according to Bruno Geddo. Over 26 Oromo refugees remained in Somaliland prison for more than a month after the incident. After their release, a large group left for Puntland.
Somaliland December 22, 2011 Attached is a report published around the time Somaliland tried to hand the refugees and asylum seekers to Ethiopian officials. Ms Riyana Abdurahman Yusuf’s father were among those Somaliland tried to refoul. He is currently in Djibouti as a UNHCR mandate holder.
  Oromo Support Group Reports on Djibouti and Somaliland provide great details on torture of Oromo and Ogaden refugees by the Ethiopian Government as well as human rights violations in those respective countries.
Djibouti: destitution and fear for Refugees from Ethiopia
Persecuted in Ethiopia: Hunted in Hargeisa
A number of contacts within State Department Population Refugee and Migration Bureau have done a great deal of lobbying to free detained Oromo in places like Somaliland. However, I believe a stronger multiagency cooperation is required to develop policy that mitigates the inhumane practices by the Government of Ethiopia. These policy should include reduction and or elimination of military Aid, which is ligely used against Oromo and other nations within the Ethiopian empire. Many of the actions of the Government of Ethiopia demonstrate a genuine disregard for human life including against women, children and men of all ages.
Region Mixed Migration Secretariat and Danish Refugee Council
In October 2012, the RMMS produced a brochure on refugees in Yemen who fleed Ethiopia. In the booklet, desperate choices,  RMMS researchers identified that the majority of refugees are Oromo.
The following was taken from the document:
“The Oromo and Ogaden qualify for refugee status because of their political marginalization and persecution by the authorities, but the status of other Ethiopians who also experience marginalization as a result of their political views is unclear. The Ethiopian Government is becoming increasingly defensive towards any opposition and outlawing democratic activities such as freedom of speech,as well as closing down local human rights NGOs with more than 10 per cent external funding under the Charities and Societies Proclamation Law of 2009. “
The RMMS booklet reports on violent crimes against women including kidnapping and rape. Three Oromo who lived in Yemen since 2003, told RMMS researhcers that they had
“.. been tortured and detained by the regime.
Even in neighbouring countries immigrants are
kidnapped, tortured and killed (…) Women refugees
are raped in a house they are working by Yemenis.
They even raped in the street.”
One Oromo farmer from Jima reported leaving Ethiopia to pay off debt incurred when:
“Government officials had forced them to purchase fertilizer for their crops from a Government supplier. The high prices and subsequent poor harvests meant that they had become indebted..”
In other instances, it was reported that Human Traffickers coercise local farmers in Oromia (and elsewhere) to work on Qat farms in Yemen. Once in Yemen, the victims are forced to work long hours.
In the report, RMMS researchers identified that Tigray gangs operate in Sa’ada transporting weapons and drugs for Houthis. It is Tigray ethnic group who control Ethiopia today.
Human Rights Abuse by Government of Ethiopia and their subset Paramilitary groups
The Ethiopian Government has specifically targeted Oromo people. The Government uses direct acttacks on Oromo as well as paramilatary groups like the Liyuu Police, and those in Benishangual region (West Ethiopia). Typically, the regime presents the confrontations as inter ethnic fighting, however, the civilians know that we have had there existed peace between ethnic groups until insighted by the Government.
A March 12, 2013 Al Jazeera report on Ethiopia’s Anti Terror law included an interview of one of two Swedish Journalist, Martin Schibbye, captured by Ethiopion forces along with Liyuu police. During the interview, Martin revealed the brutal treatment by GOE forces, followed by forced confessions that he was a terrorist. Martin also described how they carried out mock execution of him prior to being transported to Addis Abeba for trial.
It is not only Oromo civilians that are attacked in Ethiopia. Somalia from Ogaden region, Anuak from Gambella, Benishangul and Sidama people all face very similar attacks on civilian population.
  • Attached is a report of recent killings by paramilitary groups under Ethiopian government in Ogaden region.
  • The following is the report posted on Somaliland press regarding Ethiopian paramilitary group Liyuu Police (along with Ethiopian federal troops) showing the capture of the two Swedish journalists
  • The Federal Defense Army and Rapid Action Troops ‘fetno-derash’ are also notorious for attacks on civilians. While the current Prime Minister Hailemariam Dessalegn was the President of Southern region in 2002, Sidama people were massacred by the Rapid Action Troops at the village of Loqe near Hawassa town. It was reported that his Vice President at the time, Melese Marimo, ordered the shooting of peaceful demonstrators.
Similar cases are reported in Oromo and Benishangul-Gumuz regions. Please see Benishangul Human Rights Press Release in 2009 illustrating that many locals from Oromo and Benishangual community suspect atrocities committed in the Benishangual region were orchestrated by Ethiopian Federal Security.
The following are two important texts from the press release.
“An example of such an action occurred on June 21, 2008 when credible sources from the ground reported that Ethiopian government security forces combined with the Ethiopian National Defense Forces to attack Benishangul villages, killing hundreds. Many others were displaced, disappeared or were arrested, many later being tortured to death.”
Regarding Oromo and Benishangul people:
“The Oromo and Benishangul people have lived together for centuries, but reports on both sides indicate evidence or suspicion that the Meles regime was behind both attacks; something that will require all of us to come together to prevent either side from being used or scapegoated. Government sympathizers from one ethnicity have been used, at times, to carry out the regime’s schemes against those of another ethnicity. Conversely, the innocent have been blamed for acts they did not commit.”
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