| 
              
                
                  | [Speech
                    delivered at the Conference on the Ethio-Eritrea Boundary
                    Controversy, organized by Ethiopian Voices Coordination
                    Committee of Toronto, Canada, on 9 February 2002, at the
                    University of Toronto, Toronto Canada.] |  My fellow
            Ethiopians, may I thank you and the patriotic members of the
            Ethiopian Voices Coordination Committee of Toronto, Canada, for
            inviting me to Toronto to address you on an extremely important
            problem facing us all Ethiopians.
             There are many
            Ethiopians who have been writing, organizing, and calling meetings
            for the last few years. Some had predicted the danger we are facing
            today in 1991 when Meles Zenawi came into town camouflaged as a
            �liberator� of Ethiopia from an already crumbling dictatorial
            government that was recently abandoned by the brutal Mengistu
            Hailemariam. We all are especially indebted to H. E. Ato Belai Abbai
            who ceaselessly called our attention to the danger facing us all
            though not many of us heard him that well. We all are galvanized by
            the Tigrean International Solidarity for Justice and Democracy for
            giving a new vigorous life to our struggle by organizing the 12
            January 2002 open public forum to discuss �issues surrounding the
            Algiers peace accord, as well as historical and legal analysis in
            delimiting the Ethio-Eritrea border." I am also particularly
            happy to share this forum with an old friend, Berihun Assfaw, the
            distinguished historian and social critic of Ethiopia. And I feel
            very fortunate to witness so many Ethiopians working hard to reverse
            injustice and all pending courses of action that would lead to war
            and destruction. Ethiopia is very much alive and effective due to
            its resolute people.
             The Ethiopian
            Orthodox Church has always been the source of strength, unity, and
            morality for Ethiopians across the Centuries. I was very much
            touched and invigorated to see the zeal and commitment of the Church
            Fathers amply demonstrated at the Vigil held last week at Saint
            Mary�s Church in Washington DC. Anyone who thinks that Ethiopia is
            a mother without children is going to have the surprise of his/her
            life. Ethiopia has children in millions who would take up her cause
            of justice and freedom at a moments notice. I am confident that the
            Ethiopian Orthodox Church, along with other religious institutions,
            remains as a bulwark for the stability and continuity of Ethiopia as
            a free and proud nation.
             The boundary issue
            has been packaged and handled by Meles Zenawi and Issaias Afwerki in
            a manner that is meant to destroy Ethiopia once and for all. This is
            a far more serious problem than the one that faced Ethiopia in 1935
            war of occupation by Italy. The present aggressive disposition of
            the Eritrean government if allowed to develop without challenge not
            only will destroy an independent Ethiopia but also might dismember
            it into little pieces. The so called Ethiopia/Eritrea Boundary
            Commission established under the blessing of the United Nations is
            based on the Algiers Agreement of two years ago that is extremely
            prejudicial to the interest of Ethiopia. We must reject such
            agreements and procedure with one voice.
             Our attention must
            not be diverted, and our resolve should never be diluted. At this
            moment in our history we are faced with several problems but none
            more serious and pressing as the challenge to our national life. The
            issue is the preservation of our national sovereignty and
            territorial integrity. We must focus all of our energy, ingenuity,
            intellect, resources, and courage for that single purpose. If we
            allow the alienation of Ethiopian Afar coastal territories and all
            other territories of Kunama, Irob, Tsorona et cetera, we will be
            accelerating the total destruction of Ethiopia. The problem should
            not be framed as a single item issue in terms of Ethiopian access to
            the Red Sea. The issues are about human rights, national
            sovereignty, and territorial integrity.
             I have three main
            points I intend to discuss with you at this conference. Rather than
            spending time on the types of injustice that we are subjected to, I
            will be focusing on identifying the immediate threats to our
            independent existence, the types of hardship we are going to be
            faced with, the solutions open to us, and how we may prepare
            ourselves to fight back with formidable enemies all around us. True,
            it might seem that we are out numbered, out gunned, and even out
            maneuvered by hostile national governments all around us. However,
            with unity and focus we will be able to overcome such grave
            problems.
             I. Threat to
            Ethiopian Sovereignty and Territorial Integrity
             The most important
            first step that every Ethiopian must internalize and acknowledge is
            the identity of the enemies of Ethiopia. We have had a very vague
            understanding of our enemies, and often we draw a very limited list
            of enemies. First of all our weakness is due to our lack of
            knowledge of the identity of our enemies and lack of appreciation of
            the gravity of the problem we are faced with. The Second problem is
            that we tend to read our generous nature in others, which puts us at
            a disadvantage when dealing with vicious individuals.
             Let me illustrate my
            point. I was born and grew up in Dessie, a provincial capital with
            one of the most egalitarian democratic societies in the world. There
            were families from Akale Guzei, Hamassein, Serie, and Keren, as well
            as Arabs, Italians, and people from the rest of Ethiopia, who
            settled and raised families. [Some such families, for example, were
            the families of Amare Tekle, the Eritrean Commissioner for the
            Referendum of 1993, and Temeleso Kahsi.] During the height of the
            war started by Eritreans, a number of Eritreans were deported from
            Ethiopia back to Eritrea for security reason. During one such
            exercise, communities in Dessie held a farewell party to their much
            loved and appreciated neighbors who happened to be Eritreans
            [recently] and were being deported. They had a tearful parting. By
            contrast Ethiopian families who lived in Asmara, Keren, Massawa, et
            cetera were harassed, brutalized, and violently assaulted by their
            neighbors of twenty or more years. One particular incident in Keren
            was illustrative of the types of degenerate governmental instigation
            that turned ordinary individuals into monsters. Members of Ethiopian
            families were slaughtered by their neighbors at night for no other
            reason than the fact that they were from neighboring Tygrei
            (Ethiopians). The same happened in Asmara where the bodies of
            Ethiopians were found in a dump, murdered by neighbors. I always
            thought of Eritreans I grew up with or came to know in my adult life
            as brothers and sisters. However, with incidents of such nature,
            after what I have seen, heard, and witnessed in the activities of
            Afwerki and his henchmen, my feeling has soured.
             There are several
            evidences that the Government of Haile Selassie and that of Mengistu
            had committed horrible atrocities on innocent non-combatant
            individuals or whole communities in Akale Guzai, Hamassein, Barka et
            cetera. But those same governments have committed similar atrocities
            all over Ethiopia. In other words the problem was that of oppressive
            governments rather than brutality committed by individual citizens
            targeting people because of their ethnic identity.
             Now I realized that
            Afwerki and his regime as agents of our historic enemies such as
            Egypt, Sudan, Syria et cetera, along with his agents in Ethiopia�s
            government are bent to destroy Ethiopia directly if they could and
            indirectly through ethnic conflict and dismemberment. Meles and his
            associates are poised to deliver the final blow by abandoning Afar
            Ethiopians, by giving away Ethiopian coastal territories, and by
            dismantling the Ethiopian armed forces. What I find most disturbing
            is the fact that fellow black people could gang up with Italians and
            Arabs to destroy a genuine African civilization that we all should
            have been proud of. �Eritreans� have no reason whatsoever to
            conspire with Europeans and Arabs against Ethiopians. If there is
            anyone to be blamed for the political oppressions suffered by
            Eritreans in the past, it certainly is not the people of Ethiopia,
            but anti-democratic governments.
             II. Hardship and
            the Face of Destruction
             Assuming that the
            Boundary Commission enter an adverse ruling against our interest,
            what would be the extent of damage to Ethiopia�s economy,
            political stability, and development prospect caused by the loss of
            Ethiopia�s coastal territories and territories of Kunama, Irob,
            and Tsorona et cetera? First and foremost and of great concern to us
            Ethiopians is the forced loss of Ethiopian Citizenship of the
            Ethiopian citizens living in the alienated territories. This in
            itself is a violation of numerous international Declarations,
            Covenants, and Resolutions on human rights issues. It is also a
            violation of a �peremptory norm of general international law and
            custom� that amounts to violating fundamental principles of the
            Charter of the United Nations.
             Appeasement has never
            worked for us. We tried to appease European governments (forces) in
            the 19th Century; it did not work. We tried to do the same in the
            20th Century; it did not hold water either. In fact, we ended up
            creating a far more insidious enemy government that fought to
            destroy us and is still pursuing the same aggressive goals to
            destroy Ethiopia completely. A landlocked Ethiopia will be very
            unstable because of economic problems. Ethiopia will not be able to
            defend itself because it will not be able to import and upgrade its
            military needs. Ethiopia will be blackmailed easily by rogue
            national governments, warlords, and foreign terrorists based in
            neighboring nations. Ethiopia will not be able to develop its
            natural resources specially its hydro-power (rivers and lakes)
            without the prior approval of its neighboring nations (Egypt, Sudan
            et cetera) because the surrounding nations will cut of Ethiopia�s
            access to the outside world. These are some of the more obvious and
            pressing problems for a landlocked Ethiopia.
             This is our last
            stand against all those who want to destroy us. Our willingness to
            accommodate others, our desire for peace and cooperation, and our
            sense of compassion to our fellow man has been misinterpreted as a
            weakness or cowardice. All ancient historic enemies and newly minted
            ones seem to forget that we are the same people who defied all
            European (Italian, French, British) attempts of colonization whereas
            others were crumbling as houses of cards all around us. We are the
            same people who thought a tough lesson to Egyptian and Sudanese
            adventurous effort to control the Blue Nile Basin. We are the only
            nation on Earth that has successfully preserved an independent
            existence in freedom and self-identity for thousands of years.
             We are an African
            civilization, with no pretense of being some other thing. We are not
            in a mission to convince the world that we have arrived because we
            never left. We always are. We are a people with long memory. We
            persevere because we have the quiet courage of a long distance
            endurance runner. We are tolerant, compassionate, and fair to
            strangers and stray dogs. Over the centuries we have welcome,
            sustained, and gave refugee to foreigners who sought our protection
            and generosity including the Arab followers and Family members of
            the Prophet Mohammed. We are a people who do not molest, abuse, or
            take advantage of those who are in need of help. You would seek in
            vain in reports of international organizations or one-time refugees
            in Ethiopia for incidents where Ethiopians had violated the code of
            sanctuary against anyone who sought protection and generosity. And
            we have opened our borders and our homes over the years to millions
            of refugees and displaced people.
             On the other hand our
            neighbors have shown to our Ethiopian brothers and sisters who
            sought refugee in such countries brutality and violence. Just
            recently a number of Christian Ethiopians were deported back from
            Saudi Arabia after having been detained under the most inhuman and
            disgusting condition for over half a year where they were brutally
            tortured repeatedly. These Ethiopian victims of a brutal and
            primitive Saudi Arabian government were not criminals. These decent
            law abiding Ethiopians were subjected to such brutality for
            worshiping and exercising their Christian faith in their private
            homes. Other Ethiopian refugees in Sudan, Somalia, Djibouti, Kenya
            et cetera are facing daily brutality and violence by primitive and
            brutal governments.
             Civilized behavior is
            not dependant on technology, advance economic system, or military
            power. Decency is a quality that is a result of great spiritual
            strength and human compassion that we Ethiopians have towards
            strangers. This is the type of quality I urge you to extend to
            fellow Ethiopians. We have been our worst enemies, violently
            attacking and dehumanizing our own citizens. Look at the current
            Government of Meles Zenawi, only yesterday most of the members of
            his governments were �freedom fighters� but see how they turned
            out to be. Of course the absence of a democratic tradition in the
            structure and operation of the TPLF was the main reason for the type
            of government we have now. However, we must acknowledge also the
            cultural deformity that is making us act in antidemocratic and
            violent manner to our own people.
             III. Solutions:
            International and Local K
             The first duty of
            every Ethiopian is to see Meles Zenawi and associates as enemies of
            Ethiopia and agents of foreign powers who want to destroy or
            completely control Ethiopia and its destiny. We must start first and
            foremost by forcefully removing Meles Zenawi and all other enemy
            agents who have betrayed our nation and us. Sooner than later, these
            enemies of the people of Ethiopia will face the justice of the
            Ethiopian people.
             1. International
            law Philosophy: The Self-interest of National Governments
             The refusal of
            successive governments of the State of Israel to observe several
            resolutions passed by the General Assembly of the United Nations is
            an illustrative example of my argument in favor of natural law and
            rationalism as the basis of international law and relations. Not
            every pronouncement that comes out of the General Assembly is a
            source for international obligation or international law. Israel
            refused to abide by successive resolutions of the General Assembly
            of the United Nations dealing with the occupation of Palestine, and
            the building of new settlements, and causing demographic change in
            Palestine. The security interest of the new State of Israel
            transcends the collective interest of the members of the United
            Nations.
             To relay on the
            concept of international law as mechanistic and cut out of rules and
            procedures spelled out in ink on paper an on parchment is a very
            sophomoric view of international law. We must remember the social
            and philosophical forces that brought about international norms and
            standards. Positivism came out of the Utopian goals of social
            justice and compassion of Saint Simon and his secretary August Comte
            who coined the word �positivism� to describe their new approach
            to solving the problems surrounding the consequences of the
            industrial revolution of the 19th Century. Thus, positivism despite
            its claim of being �scientific� started out as a concept for
            social and economic justice and compassion: two concepts identified
            with natural law and rationalism.
             Ethiopia was one of
            the first forty-seven States that signed the Convention on the Law
            of Treaties (under Article 81 of the Convention) at the conclusion
            of the Conference. [Sztucki, Jerzy, Jus Cogens the Vienna Convention
            of the Law of Treaties: A Critical Appraisal, Wien New York:
            Springer-Verlog, 1974, 2 - 3.] The process have taken up almost 20
            years since the day the International Law Commission was assigned
            that monumental task by the General Assembly in 1949. Both in the
            drafting phase by the International Law Commission and at the United
            Nations Conference on the Law of Treaties in Vienna more time was
            devoted on the discussion of the draft provisions dealing with the
            concept of Jus Cogens than most other provisions.
             It is extremely
            important that we consider these principles seriously and with much
            attention because we are challenging in this essay the practices of
            the United Nations itself and its members on how they have dealt
            with concepts of �self-determination� , �recognition� ,
            �admission to the United Nations� et cetera in the recent past.
            And most importantly the link between the principle of Jus Cogens
            and �obligation Erga Omnes� is dependant on the correlation the
            International Court and jurists acknowledged to exist between
            �peremptory norm of international law� and the obligations that
            are incumbent on States. In the Barcelona Traction Case the
            International Court in a dictum stated the concept of �obligation
            Erga Omnes,� in addition the Court also used terms that have been
            interpreted to imply a link between the two concepts. Barcelona
            Traction, Light and Power Company, Limited, ICJ Reports (1970) 32,
            at paras. 33-34; De Hoogh, Andre, Obligations Erga Omnes and
            International Crimes: A theoretical Inquiry into the Implementation
            and Enforcement of the International Responsibility of States, The
            Hague, London, Boston: Kluwer Law International, 1996, 55.The cases
            the Court referred when discussing the concept of obligation Erga
            Omnes are also indicative of the link between the two concepts.
            Moreover, in a separate opinion, Judge Ammoun, one of the judge of
            the Court, made a direct reference to the concept of Jus Cogens. [De
            Hoogh, Andre, Obligations Erga Omnes and International Crimes: A
            theoretical Inquiry into the Implementation and Enforcement of the
            International Responsibility of States, The Hague, London, Boston:
            Kluwer Law International, 1996. 55.]
             2. Jus Cogens:
            Principle of Great Importance for Ethiopia
             Like most
            international law terms the origin of "Jus Cogens" is
            Roman law. In Roman law the concept could be roughly seen as the
            governing principle dealing with the relationship between the State
            and the individual which is designated as �Jus Publicum� or
            public law. [Digest II, 14, 38.] Lauterpacht for instance, did not
            mention this concept of public policy at all in connection with
            private contracts entered between individuals. [ Sinclair, Ian, The
            Vienna Convention on the Law of Treaties. 2nd ed. Manchester UK:
            Manchester University Press, 1984, 205; Lauterpacht, Private Law
            Sources and Analogies of International Law, 1927, 156.] Moreover,
            this development was not limited to Roman law. Almost all legal
            systems since have some principle governing the private acts between
            individuals that may impact on the community or the state.
             Brownlie, an
            international law jurist of great depth and notoriety, pointed out
            that principles of Jus Cogens holds that there �are rules of
            customary law which cannot be set aside by treaty or acquiescence
            but only by the formation of a subsequent customary rule of contrary
            effect.� [Brownlie, Principles of Public International Law, 1975,
            515. McNair, The Law of Treaties, Oxford UK: Oxford university
            Press, 1961, 214.] The difficult task faced by the Vienna Conference
            on the Law of Treaties was to draft provisions that would adequately
            retain the principle of Jus Cogens extracted from customary
            international law and practices. In fact, McNair asserts that it is
            easier to �illustrate these rules than to define them.� [McNair,
            Lord, The Law of Treaties, Oxford: Oxford University Press, 1961,
            214.] The first problem was to establish whether there are in fact
            peremptory norms of general international law. Some jurists consider
            the concept of Jus Cogens as a recent development of a version of
            �public Policy� with international dimension. [Elias, T.O. The
            Modern Law of Treaties, Leiden: A.W.Sigthoff, 1974, 177. In Osca
            Chinn Case (1934)P.C.I.J., Series A/B, No. 63, pp134-36, 146-50, the
            Court introduced the concept of international public policy.]
            However, �according to some authors, some international public
            policy has always existed.� [Sztucki, Jerzy, Jus Cogens the Vienna
            Convention of the Law of Treaties: A Critical Appraisal, Wien New
            York: Springer-Verlog, 1974, 8.(footnote not included)]
             The principle of
            "Jus Cogens" in itself was not that difficult to draft;
            however, principles that help define the concept such as
            �peremptory norms� and �general international law� were
            extremely difficult to articulate. Thus, it took over twenty years
            for the Vienna Conference on the Law of Treaties, with the
            assistance of an impressive collection of great international
            jurists at its disposal, to draft acceptable provisions on the
            principle of Jus Cogens. The International Law Commission in 1949 as
            its first order of business made recommendations in order to study
            three international problems dealing with genocide, racism, and the
            laws of treaties. As indicated above, the Vienna Conference on the
            Law of Treaties was instituted by the General Assembly of the United
            Nations. The principle of Jus Cogens was first drafted by the ILC in
            Article 15 and later incorporated by the Second, and Third
            Rapporters as Articles 37 and 50. Finally, it was incorporated in a
            single draft by the fourth Rapporteur of the Convention as Article
            53 (Articles 64, and 71 are further expansion of the core principle)
            of the Vienna Convention on the Law of Treaties that was adopted on
            22 May 1969 by the Vienna Conference on the Law of Treaties.
             "Article 53:
            Treaty Conflicting with Peremptory Norm of General International Law
            (Jus Cogens)
             A treaty is void if,
            at the time of its conclusion, it conflicts with a peremptory norm
            of general international law. For the purpose of the present
            convention, a peremptory norm of general international law is a norm
            accepted and recognized by the international community of states as
            a whole as a norm from which no derogation is permitted and which
            can be modified only by a subsequent norm of general international
            law having the same character.�
             It is clear that
            Article 53 provides the basic concept of Jus Cogens with regard to
            the effect of �peremptory norm of general international law� on
            future treaties. Other than the attempted cyclical (tautological)
            definition provided for the meaning of �peremptory norm of general
            international law� within that article, the provision itself is
            simple to understand, but extremely difficult to apply. There is a
            need to review the material leading to the drafting of the provision
            in order to learn and understand the scope and depth of the debate
            behind this difficult provision. There are several indicative issues
            raised and discussed by the drafters of the provision that are
            relevant to our analysis. [Rosenne, Shabtai, The Law of Treaties: A
            Guide to the Legislative History of the Vienna Convention, Dobbs
            Ferry NY: Oceana Publications, 1970.]
             "Article 64:
            Emergence of a new Peremptory Norm of General International Law (Jus
            Cogens)
             If a new peremptory
            norm of general international law emerges, any existing treaty which
            is in conflict with that norm becomes void and terminates.�
             "Article 71:
            Consequences of the invalidity of a treaty which conflict with a
            peremptory norm of general international law: 1. In the case of a
            treaty which is void under article 53 the parties shall: a)
            eliminate as far as possible the consequences of any act performed
            in reliance on any provision which conflicts with the peremptory
            norm of general international law; and b) bring their mutual
            relations into conformity with the peremptory norm of general
            international law.
             2. In the case of a
            treaty which becomes void and terminates under article 64, the
            termination of the treaty: a) releases the parties from any
            obligation further to perform the treaty; b) does not affect any
            right, obligation or legal situation of the parties created through
            the execution of the treaty prior to its termination; provided that
            those rights, obligations or situations may thereafter be maintained
            only to the extent that their maintenance is not in itself in
            conflict with the new peremptory norm of general international
            law.�
             Moreover, Brownlie
            further pointed out that �[a]part from the law of treaties the
            specific content of norms of this kind involves the irrelevance of
            protest, recognition, and acquiescence: prescription cannot purge
            this type of illegality...However certain position of Jus Cogens are
            the subject of general agreement, including the rules to the use of
            force by states, self-determination, and genocide.� [ Brownlie.
            516-517.] What is pointed out here is that the principle of Jus
            Cogens does deal exclusively with formal �treaties� but takes
            within its scope both procedural and substantive international
            general customary law.
             Of course, there are
            legal scholars who do not accept the concept of Jus Cogens in
            international law because it goes against long-standing and
            extremely important customary international law principle dealing
            with the capacity of States to enter into agreements and treaties
            without limitation. [See Heinze, Eric and Malgosia Fitzmaurice,
            Landmark Cases in International Law, London: Kluwer Law
            International Ltd., 1998] But such traditional conception of the
            capacity of States is based on the antiquated idea of absolute
            sovereignty of states. Judge Alvarez in his advisory concurring
            opinion in the Admission Case in 1948 had addressed the fluidity
            rather than the rigidity of international law by his emphasis on the
            progressive developmental aspect of international law and practice.
            [Admission of a State to Membership in the United Nations, (Charter,
            Art. 4) Advisory Opinion: I.C.J. Reports 1948, p.68-69.] Therefore,
            with the erosion of the concept of �sovereignty� and the
            increased interdependence among the nation of the world, it is
            reasonable to conclude that the progressive development of
            international law is more in the tradition of natural law rather
            than positive law.
             Thus, we need to look
            into the contextual capacity of States with real limitations imposed
            by numerous international treaties, conventions, resolutions et
            cetera and economic as well as political interdependence of States
            rather than look into the abstract traditional conception of States.
            In the modern world not even the most powerful nations could claim
            absolute capacity to do as they please without regard to their
            international obligations. Thus, our challenge to the international
            community is valid in as far as we are fighting for our survival as
            a viable nation, protecting our fellow citizens from being forced to
            adopt new citizenship, or from being removed by force from their
            homes.
             3. International
            Human Rights
             One could argue that
            the whole of international law development since the end of the
            Second World War revolved around a single topic: human rights
            principles; and all other matters were contingent on that central
            matter. The center of this development is the Universal Declaration
            of Human Rights, the Covenants, and numerous resolutions dealing
            with human rights. Thus, the issue of the citizenship and
            territorial rights of Afar Ethiopians is our central issue. It is
            not a piece of land or sea that must be our moving force, but our
            covenant to protect and stand by our fellow Ethiopians who are being
            threatened of losing their identity, homes, and history. No one, not
            even a god, can force such injustice on a people let alone other
            fellow human creatures.
             The International Law
            Commission debated whether to include draft provisions dealing with
            the inheritability of obligations arising out of humanitarian
            treaties on the respect of human rights principles by future
            governments of what ever kind. Despite the fact of the existence of
            an international court decision in the German Settlers case [ German
            Settlers in Poland, (Advisory Opinion) 10 September 1923, PCIJ
            Series B, No. 6, at 36], the International Law Commission
            erroneously did not include such an important principle of
            international law in the draft of the Vienna Convention on the Law
            of Treaties. However, in a round about way, in Article 60(5) of the
            Vienna Convention on the Law of Treaties, it is provided that the
            protection of the human person provided for in treaties with
            humanitarian characteristics may not be terminated by successor
            governments.
             From our discussion
            above, it is obvious that human rights principles are one category
            of peremptory norms that no derogation may be allowed in relation
            to. However, the problem could be quite challenging. Clear concepts
            of human rights may have become blurred and the violation of
            fundamental human rights may be subtle and far-reaching.
             4. Self-defense
            and National Preservation
             The United Nations
            Charter is a very complex document especially the provisions dealing
            with peaceful co-existence and conflict management. The Charter
            allows individual nations to preserve their integrity by the use of
            force. Article 24 (1) entrust the Security Council, as its primary
            responsibility, with the maintenance of international peace and
            security. And in Article 24 (2) the Security Council is instructed
            in discharging its duties that it �shall act in accordance with
            the Purpose and Principles of the United Nations.� Those
            �Purposes� and �Principles� are spelled out clearly in the
            Preamble and most importantly in Chapter 1 of the Charter. When we
            read the provisions under Chapter 1, and when we consider how the
            problem between Ethiopia and Eritrea was handled at both the United
            Nations and the Organization of African Unity, it is absolutely
            clear that the Security Council had acted in an irresponsible manner
            by allowing a five�man Commission to determine what is essentially
            a determination not of simple boundary line between Ethiopia and
            Eritrea, but a backhand serious judgment on fundamental peremptory
            principles of international norms.
             The Boundary
            Commission is unqualified, and would exceed its purpose if it tries
            to resolve such complex and grave matter by looking at invalid
            colonial maps, ignoring all historically relevant documentation, and
            cultural history of the Ethiopian people, who would be seriously
            affected by such decision based on some preemptive agreement signed
            in Algiers. There is collusion, fraud and deceit in the activities
            of the two leaders of the governments of Ethiopia and Eritrea
            because they are acting to promote a single interest of Eritrea.
            There is also a serious question of incapacity to enter into any
            internationally binding agreement, and the violation of several
            other legal principles that could invalidate such an agreement and
            decision that may be entered by Meles Zenawi. As stated above, the
            Security Council has failed in its duty by not looking at the
            long-term effect of such procedure. Hell will freeze before
            Ethiopians will give up their fundamental rights of security,
            territorial integrity, and sovereignty on their coastal as well as
            other territories in Irob, Kunama, and Tsorona.
             I would like to quote
            here a poignant statement that carry within it the ethos of
            Ethiopians who met on 12 January 2002 and decided to send a letter
            to Secretary-General Kofi Annan. I quote: � A) We declare the
            Algiers Agreement of 12 December 2000 to be null and void as far as
            we Ethiopians are concerned. The Algiers Agreement was signed by a
            �government� that is blatantly pro-Eritrea and has constantly
            worked against the interest of Ethiopia. The boundary decision of
            the Algiers Agreement does not safeguard the paramount interest of
            Ethiopians. Therefore, the Agreement has no binding effect on Us
            Ethiopians or our posterity. B) We find particularly offensive and
            illegal in the Algiers Agreement for any one to subject us to be
            held accountable under treaties Menilik II signed with Italians in
            1900, 1902, and 1908. Those treaties were abrogated by Italy in
            1935-41 when it attacked us, and again in 1947 when it signed the
            Peace Treaty rescinding all claims and interest it had in Eritrea
            (the renouncement specifically refers to Eritrea).�
             As Ethiopians we are
            not attacking Eritrea or anybody else, we are the ones who are being
            attacked. If previous governments have oppressed people, we as
            ordinary citizens cannot be held accountable for the misdeeds of
            dictatorial anti-people governments. We too were victims of
            oppression, and still are by such dictatorial governments. What have
            we done to deserve this form of collusion of nations against us? Do
            we deserve to be driven out of our homes on the basis of invalid
            colonial treaties? Did we not stand up against the colonial ambition
            of Italy and preserved our freedom? How could any one in his right
            mind think that we are going to give up our Ethiopian territory on
            the signature of Meles Zenawi, territory that we did not relinquish
            even when faced with the might of European colonizers?
             Conclusion
             This is a call for
            action. Do not doubt it, we are going to war. Meles Zenawi and
            associates are our enemies. They have done us great harm and will
            continue to do so as long as they are in power backed by a confused
            military. Meles has built himself a house of cards, let us call his
            bluff. He is sitting on a hip of explosive�the Ethiopian people.
            The first thing we must do is to clean our own house. We must
            liberate Ethiopia from Meles and associates, and only then we will
            be able to attend to our problem with the Eritrean government, the
            United Nations, and the community of Nations. To quote again the
            Letter of 12 January 2002, �No opinion, resolution, or treaty will
            deprive us our right to exist as an independent nation. We reserve
            our right of self-defense under international law and the Charter of
            the United Nations to protect our freedom, national sovereignty, and
            territorial integrity. Particularly we preserve our right to defend
            and keep safe our fellow Ethiopians who belong to �Afar ethnic�
            group whose ancestral home is the Afar coastal territories from
            Djibouti to the Dahlak Islands, as well as the rights of all
            Ethiopians in Irob, Tserona, and the Kunama south of the Mereb/Gash
            river.�
             I am making the above
            statement with a heavy heart. I prefer to see people free from wars,
            famine, and oppressive governments rather than urging them to go to
            war. This is a choice that is agonizing and extremely difficult to
            make. But choose, we must. I have no particular hate for any Arab,
            Egyptian, Christian, or Moslem. My concern is the welfare of the
            people of Ethiopia who took care of me when I was a fragile baby,
            who gave me an identity at great sacrifice preserving my freedom,
            who made me into a human being with culture and a sense of beauty
            (and not any creature). The least I could do is to be the voice of
            so many who are unable to speak because of oppression, and to help
            all of us come together in our fight for our Ethiopia. Thank you.
            Freedom and justice for Ethiopia.
             Dr. Tecola W. HagosFebruary 9, 2002
 Toronto, Canada
   |