Ethiopia: War or Peace?

  Taking up issues with ICG


 

Editorial: EritreaDaily.net

13-Oct-03

 

Background

 

Following two years of border war (1998-2000) that claimed some 100 000 lives and under the pressure and active participation of the international community, notably USA, EU, AU, and the UN, Eritrea and Ethiopia signed the Algiers Agreement (Dec 2000) to end the border dispute peacefully. Under the Agreement, both Eritrea and Ethiopia agreed and accepted in writing to establish the Eritrea Ethiopia Border Commission (EEBC) as the only and sole authority to adjudicate their border dispute whose ruling will be final and binding and which both parties agreed to only accept and abide by, wherever the chips may fall, under the threat of force by the international community if not.

 

In April 2002, the Commission rendered its verdict. Then, Eritrea and Ethiopia had one and only one option: to accept and only accept the verdict because that is what both countries agreed and committed themselves to when they signed the Algiers Agreement, and the question “whether Eritrea and Ethiopia resume the path of war or solidify their peace agreement” that the ICG posed in its report “ Ethiopia and Eritrea: War or Peace?, 24 Sep 2003” was also answered then:  Eritrea chose the path of peace and accepted the verdict unequivocally and in utter compliance with the letter and spirit of the Algiers agreement believing  that “Only the full implementation of the Algiers Agreements will lead to sustainable peace.”, which the UN Security Council also reiterated in its letter of  Oct 01 2003. On the other hand, Ethiopia initially pretended to accept the verdict but then baulked for 18 moths until 19 Sep 2003 when it formally declared its outright defiance of the verdict challenging the resolve of the nations of the world and voluntarily calling for the forceful implementation of the verdict as stipulated in the Agreement. That is why we took out Eritrea from the equation expressed by the ICG title in order to emphasize that Eritrea has already answered the question by opting for peace then and staying the course to-date unequivocally and that it is now for Ethiopia and Ethiopia alone to answer the question by rephrasing the title to “Ethiopia: War or Peace?” to reflect the real challenge that the world community is facing today; because the issue today is Ethiopia, which is in outright defiance of and at odds with all what the nations of the world stand for, not Eritrea. As it stands, ICG’s title of its report implicates Eritrea wrongly and unfairly in what is clearly a case “Ethiopia vs. rest of the world” and negates Eritrea’s determined decision for peace as expressed by its unequivocal acceptance of the EEBC verdict to date.

 

Political status post EEBC verdict

 

In its report, the ICG remarks that “ The governments of both Eritrea and Ethiopia face harder line elements that believe too much has already been given away in the peace process and are unwilling to countenance further flexibility.” That is only partially correct because it is valid for Ethiopia. Otherwise, it doesn’t have any truth, even remotely, as far as Eritrea is concerned because we don’t know and there are no public records of hard or harder line Eritrean elements that have publicly or otherwise expressed their opposition to the EEBC verdict in one form or another and unwillingness to face further flexibility.  As a matter of fact it wouldn’t be exaggeration to say that Eritreans would have welcomed it if the demarcation were started even a day after the pronouncement of the verdict for the simple reason that we have more important things to do, such as rebuilding, development, and democratization of Eritrea, than to squabble over some thing that is final and binding to the entire world but Ethiopia. Having said that, here is the obvious: No legal arbitration will satisfy any one party 100% let alone both parties. Therefore, let there be no mistake that Eritrea’s acceptance of the EEBC verdict was in light of that fact and in reverence to its international commitment and the rule of law only.

 

Moreover, the ICG (International Crisis Group) further remarks “For both sides, losing Badme would make the sacrifice of 1998-2000 conflict much harder to justify.” That is rubbish as far as Eritrea is concerned because Eritreans knew and understood that Badme was only a pretext for Ethiopia to conquer and to reoccupy Eritrean port city of Assab, for Ethiopia did not stop the war after re-occupying Badme but advanced to conquer Assab, which failed. Badme is the casus belli only for Ethiopia; as far as Eritrea is concerned Badme was only a pretext and Assab was the casus belli.

 

Recommendations

 

In its recommendation to the USA, EU, AND AU, under item 5(b) the ICG calls for “immediate opening …negotiation of port access for Ethiopia.” This is simply misplaced because “port access for Ethiopia has never been substance of the EEBC or The Algiers Agreement in any form whatsoever. Eritrean seaports are inextricably bound to its territorial and national sovereignty and are open for service to all countries of the world in accordance with the regulation of Eritrean Port Authority, and Ethiopia is no exception to that. Port access for Ethiopia is some thing that could be settled, following successful completion of the demarcation and the re-establishment of standard diplomatic relations between the two countries, based on mutual interest and respect for territorial and national sovereignty and the principles of non-interference in each other’s internal affairs and cannot be dictated by foreign influence or Ethiopia’s “special” needs.

 

Under item 5(d), the ICG further recommends “mutual agreement, in the context of technical alterations suggested by the two parties’ field liaison officers, on small adjustments to the demarcation line to satisfy humanitarian, geographical, security or political needs;” With all due respect, this is a call to violate the “ex aequo et buono” clause of the Algiers Agreement which the EEBC in no uncertain terms has turned down as follows:

“The main thrust of the Ethiopian comments is that the boundary should be varied so as

to take better account of human and physical geography. The Commission has always made it clear that it has not been given the power to vary the boundary delimited in the April Decision. In particular, the December 2000 Agreement expressly precluded the Commission from deciding matters ex aequo et bono: it did not confer on the Commission, as it could have done and as has been done in the demarcation arrangements for many other boundaries, the power to vary the boundary in the process of demarcation for the purpose of meeting local human needs. Absent such authority, the hands of the Commission are in large measure tied.” And Eritrea has categorically rejected any attempt that compromises or even reopens the final and binding decision of the EEBC, in whatever form, at least for the simple reason of maintaining the sanctity of a final and binding arbitration.

 

 

Our recommendations

 

  1. In agreement with ICG, EU, and UN, to call upon Eritrea and Ethiopia to implement the peace agreement promptly and fully and in particular provide the Boundary Commission and UNMEE all necessary support and security guarantees so that demarcation of the border can begin in October 2003 pursuant to the Boundary Commission’s April 2002 decision.
  2. The international community must refrain from tampering or tinkering with the final and binding decision of the EEBC and instead help Ethiopia to comply with the final and binding decision of the Commission by explaining the devastating nature of noncompliance.
  3. Support EEBC chairman, Sir Elihu Lauterpacht, in his call for Ethiopia to comply with the final and binding decision of the commission where said “There is no crisis, terminal or otherwise," which cannot be cured by Ethiopia's compliance with its obligations under the Algiers agreement, in particular its obligations to treat the Commission's delimitation determination as final and binding."

 

In the month of October, indeed the next few days, Ethiopia must decide whether to let demarcation proceed as scheduled and demanded by the international community and opt for peace or baulk and face the wrath of Chapter vii of UN Charter including military confrontation with Guarantor Nations not on behalf of Eritrea but on behalf of the rule of law. The clock is ticking! And for the sake of the undeserving people of Ethiopia, beat the clock, Woyané?

 

 

Eritrea will prevail, rule of law will reign

 

Team EritreaDaily