18 March 2003

Ethiopia’s ‘Accept and Deceive’ swindles exposed to its bare bones

M. Filli A.

This comes to no surprise to Eritrea, Eritreans, friends of Eritrea and even Ethiopians themselves! It was only a matter of time; and that time came on March 6, 2003 when a UN report by the EEBC and the secretary general of the UN, unmasked Ethiopia’s repeated statements of “Acceptance and commitment to The Hague decision of April 13, 2002” as nothing but political humbug for in reality Ethiopia is and has been working actively to sabotage and scuttle not only the process of demarcation but also the whole peace agreement. And in their own words: “Ethiopia has continued to seek variations to the boundary line delimited in the April Decision, and has done so in terms that appear, despite protestations to the contrary, to undermine not only the April Decision but also the peace process as a whole. EEBC report Part one (5), Mar 6, 2003 ”.  And in the words of the secretary general of the UN, Mr. K. Annan,: “Efforts to reopen fundamental matters already settled through binding arbitration could only be counterproductive.” Mr. Annan’s clear message here is that  ‘counterproductive’ means that defying The Hague verdict is not a game.

 In its report, the EEBC exposed Ethiopia’s fraudulent ‘Accept and Deceive’ swindles exhaustively, in the fullest details only possible, and to its bare bones and called upon the guarantor nations and the UN Security council to rise up to their stated responsibilities and obligations to the Agiers Agreement in no uncertain terms. Both the EEBC and the secretary general reached their conclusions only and solely, and in accordance with the Algiers Agreement, which Ethiopia signed and agreed to verbatim et literatum and upon which the April 2002 Hague Decision was based. So did Eritrea, too.

Now allow me to recap the Algiers peace Agreement: This Agreement is sue generis in the sense that it has a built-in political fail-safe mechanisms both in terms of the Agreement itself in general and in terms of the scope, composition, function, authority and decisions of the EEBC and was crafted, conceived, and destined to succeed. It has the following unique features to assure its success:

1.      Guarantor nations. Ironically, it was Ethiopia that was insisting and calling loud and clear for a guarantee from the international community for fear that Eritrea might renege on the Agreement. Accordingly, US, EU, UN, and the now AU accepted and committed themselves to assure the success of the Agreement. Well, lo and behold who has been and is engaged actively and tirelessly in a futile attempt to renege on the Algiers Agreement: The above-cited EEBC report has made that clear, not Eritrea. Aside from that, Ethiopia’s futile attempt to renege on the Agreement was already evident when the public pronouncement of The Hague verdict had to be postponed multiple times only at the request of Ethiopia.

2.      Basis and limitations of EEBC decision. While the Agreement clearly stated that the EEBC shall base its decision solely and only on the mutually agreed upon colonial treaties and applicable international law, it “expressly precluded the commission from deciding matters ex aequo et bono” as the EEBC correctly reiterated in its most recent report. Accordingly and rightly so, Eritrea and Ethiopia must accept the outcome of the delimitation and demarcation regardless of the fact that the physical marking of the border might split mountains, rivers, lakes, trees, people or political interests. This has nothing to do with one’s right/wrong mindedness because the Agreement expressly precludes the commission from deciding matters based on their mental status. That is the name of the Agreement: Strict adherence to the rules of the game. Hence, the recent blabber of Meles Zenawi is nothing but another futile attempt to renege on the Agreement.

Having said that, colonialism has already created boundaries that split and dispersed the people of any given ethnic group into various countries, and if the border demarcation now results in a secondary dislocation and dispersal of people and transfer of territories, then blame Ethiopia, for it was Ethiopia that defied the colonial status quo challenging Eritrea’s colonial borders to the extent of trying to correct it by force.

3.      Finality and binding nature of EEBC decision. Another unique feature of the Algiers Agreement is that both parties signed and agreed to, that the decision of the EEBC is final and binding. Translation: Final means that there is and won’t be any verdict other than the initial verdict of the EEBC, and binding means that both parties must accept it, there is no appeal mechanism or recourse. With that, both parties have voluntarily waived their right to appeal, dispute, or challenge the decision of the EEBC. Hence, the recent blabber of Tekeda Alemu regarding Ethiopia’s right to challenge the UN is baseless, further futile attempt to renege on the Agreement and constitutes a blatant flout of the Algiers Agreement.

Let me now return to the UN. In response to EEBC’s report, the UN Security council passed a unanimous resolution on March14. 2003, reiterating its continued, unconditional, full and unswerving support for the EEBC, extended its mandate for another six months, and called upon Eritrea and Ethiopia, without prejudice, to accept and adhere to their commitment to the Algiers agreement and to abide by all EEBC orders. For that, I refer you to the report itself. and Un security council’s response to EEBC report, March14, 2003 Here some excerpts:

“Unanimously adopting resolution 1466 (2003), the Council called on both Ethiopia and Eritrea too cooperate fully and promptly with the Boundary Commission in its delimiting and demarcating activities, to implement fully the Commission’s binding Demarcation Directions and to abide promptly by all its orders.”

Welcoming the eighth report of the Boundary Commission, noting the concerns expressed therein with regard to full adherence by the parties to the Boundary Decision and demarcation-related decisions of the Commission, and expressing its full support for the work of the Commission and the legal framework within which the Commission is taking its decisions,”

As a matter of principle, the UN is basically a peacekeeping organization. As such, one way of accomplishing its mission is to launch peacekeeping missions to troubled regions and assess their reports. The UN Security council listens to their reports, takes note of their concerns, noncompliance, and breaches but yet issues pertinent statements without prejudice for the simple reason of avoiding possible unilateral actions, inflammation of either parties, appearances of bias, and endangerment of the peace mission. Nevertheless, there is nothing that prevents individual member states from expressing their misgivings about flouting international agreements in whatever form and shape they might choose.Hence, the most recent UN resolution must be understood within this context.

Finally kudos to the EEBC for exposing Ethiopia’s ‘Accept and deceive’ swindles, and kudos to Secretary general Kofi Annan for his personal observations and for his efforts to present EBBC report to the Security council despite its crowded schedule and recent preoccupation with the Iraq crisis.

 

Eritrea will prevail.

mfilli@eritreadaily.net