The House of Peoples’ Representatives

Ato Meles Zenaw, the Prime Minister of the Federal Democratic Republic of Ethiopia, Addis Ababa

 

Re: The 2005 Elections

There has been repeated claims by the Government that a democratic process is in progress in Ethiopia. Regrettably, however, reality contradicts such claims.  The last local, regional and national elections have clearly demonstrated, as attested by independent observers, that none of them have been free and fair - not even anywhere near being that. The wide-ranging harassments that are already escalating at this time do not augur well for the 2005 election in Ethiopia.  The AEUP has, on several occasions, already submitted FACTUAL actual serious destructive measures being taken by Government agents against its party officials, organizers, members and even vocal supporters. A short summary of recent atrocities is included herewith to support our claim. The Government’s incapability and/or unwillingness to take requisite measures to correct such gross violations of human rights and even crimes is further aggravating the political climate in this country. Since life is being sacrificed unnecessarily we demand that immediate action be taken not only to save lives and property now but, more seriously, preempt the larger disaster that will ensue.  The past has clearly shown us that this time around the process leading to the 2005 election and the actual execution itself require utmost precaution in carrying out each and every activity related to the upcoming elections. Therefore, the need for a correct structure and manning of all stages of the upcoming election require the full participation of all concerned political parties and NGOs at all stages of the process.

It is easy to take the opposition’s views lightly as in the past. But we strongly advise that Ethiopia has now reached a very critical crossroad – with a free and fair election there is hope for our country but if the Government opts for the usual pretensions the situation will be untenable and destructive. We hope this country and its people will be saved from the explosion that is building up.  Pertinent facts are paraphrased in annexes 1 to 6. For easy reference we have herebelow submitted a summary of our minimum demands for participation in the 2005 elections. We hope they will be acceded to so that we can embark on a genuine democratic process in Ethiopia.

1)       Security Conditions

In Ethiopia today, joining an opposition political party exposes one to serious dangers such as unreasonable arrest, physical harassment, extra-judicial killing and other wide-ranging moral and material injuries. Our party members, 2 everywhere, are presently suffering from such attacks and other unmentionable injustices. In such a situation, the majority of the citizens highly feel insecure if he/she joins or supports an opposition political party of his/her choice. Annex 1 presents two categories of problems hindering even the beginnings of democratic process. The first part categorizes the human rights violations on persons linked to legally registered All Ethiopia Unity Party and the second part relates to the hindrances that are continuously perpetrated to stop our party from organizing the people at large. Such violent actions are clearly being escalated as we come nearer to election time.

If, as it frequently announces to the Ethiopian people and the world at large, the Government really believes in the advancement of a democratic process in Ethiopia and create a conducive environment it must take the following actions NOW:

a)   The Head of the Government of Ethiopia who is also the leader of the Ruling Party should, through all forms of mass media, call a stop to all forms of harassment, which is presently widely practiced by Government officials and EPRDF cadres through out Ethiopia.

b)   It must immediately establish a legal independent taskforce to monitor, investigate and submit reports on any and all forms of harassment and identify those taking parts in them. In order to ensure the independence of such a task force opposition parties should fully take part in choosing the members.

c)   Legal action should be initiated immediately and processed expeditiously on those officials, cadres and other individuals who have already been accused of crimes perpetrated against the legal political opposition and their members.

2)       Amendment of the Electoral Laws

Certain parts of the electoral law and attendant administrative guidelines are considered deterrents to free and fair elections. It is hardly possible to conduct a free and fair election unless these critical parts of law are amended and the opposition parties participate in serious vetting of the appropriate parts and submitting the requisite amendments. Annex 2 presents a short version of our proposal on the changes needed to render Proclamation 111/1989 acceptable as a basis for advancing a democratic process.  The more serious ones are those related to the selection and appointment of the members of the Election Board.

The guidelines issued for the administration of the election process itself are even stronger deterrents to free and fair election. Summary of our comments concerning this are summarized in Annex 3.

3)       The Restructuring of the Electoral Board

Free and fair election is impractical where the Electoral Board is staffed with Government officials and EPRDF cadres whose livelihood is entirely dependent on the existence of their party. The Board should, therefore, be restructured in order to ensure its independence and impartiality in dealing with all parties involved in the elections. The selection of the Board members should thus be done with full and equal participation of all political parties and other stakeholders. To further enhance the independence and impartiality of the Board, it should have its own budget directly voted for by the Parliament and not be dependent on the Executive Branch of Government, even for salaries and related costs. Furthermore, it should recruit and dismiss its own staff on the basis of competence, impartiality, professionalism and public respect. It is proven that individuals seconded from ministries and other Government organs for election related duties has proven to be deleterious to the election process since they are often found to be duty-bound to prove their loyalty to the Government which is in essence the ruling party that decides on their future livelihood. The new Election Board that will be established must be given full independence to select and appoint election officials at ALL levels. Annex 4 presents a short indicator as to the partiality of the present Board.

4)       Independent Observers

The electoral laws are silent about independent observers except regulation 1/94 which gives guidelines about the assignment of EPRDF affiliated polling station observers. Such observers have proven to be fully controlled by the ruling party and, as inferred in the guidelines themselves will invariably be members of EPRDF and its affiliated parties. Gross unfair practices of the past have proven unequivocally that independent, national, regional and international monitors and observers will need to be fully involved in the May 2005 Elections if any semblance of fairness is to be expected. Therefore, AEUP strongly believes in the presence of such independent observers in order to ensure the appropriateness of the election process beginning from the campaign stage which is now in progress, voter/candidate registration right through the voting, counting and transfer of power. If this Government and the ruling party are genuinely committed to democratization then it should have nothing to hide from the regional and international communities.

5)       Equal Access to Public Funding

The ruling party has significant resource not only to mount a full campaign but also skew the results in its favor. In addition to its own resources it has unfettered access to the Government’s physical resources such as transport equipment, widely spread office network and other significant facilities. In fact, EPRDF/the ruling party is synonymous with government. Hence there will not be a free and fair competition unless a clear separation is made between the state and the ruling party.

On the other hand the opposition parties face financial shortages even to run their day-to-day operation. This is a result of the Government’s harassment of contributors and destabilization of party members who attempt to raise funds.  Therefore, without significant financial support the participation of opposition parties in the 2005 election will be severely hampered. To augment the meager resources campaign funds should be made available as provided for in the law. Since time is running out such funds should be made available before September 2004.

6)       Fair Access to Public Media

The ruling party uses the public media not only to propagate its objectives but also to misrepresent the opposition, to harm their reputation, to frustrate their political values and as a whole to misinform the public, at large. We have concrete proof that even the educational radios in each locality are being repeatedly utilized to misinform the youth on political issues and opposition parties especially AEUP. We do not expect a free and fair election unless all political parties have equal access to the public media to put forward their political views, alternative agendas and introduce their candidates. The electronic media as well as the print media should report in line with the public interest impartially resisting distortion, misrepresentation and defamation.  Therefore, through out the election process starting NOW such public media should be managed by a Management Board selected with equal participation of all parties that will be taking part in the 2005 election. It is the only way that even limited impartiality will be achieved.

We hope that both the Legislature and the Executive branches of the Government seriously will vett our demands and take the requisite steps at the earliest opportunity. As summarized in Annex 5 Ethiopia through the present Government has signed international understandings to uphold the rights of our people to choose their own government and we hope it will now abide by them. On its part AEUP is prepared to play its part to make the 2005 Election a historical peaceful transition to a promising democratic future for the Ethiopian people. Our 420,000 active members, millions of supporters, 293 local party committees and offices spread throughout Ethiopia stand ready to make this democratic hope a reality.

Long Live United Ethiopia

 

ANNEX 1

HUMAN RIGHTS VIOLATIONS COMMITTED BY MEMBERS OF THE

RULING PARTY AND GOVERNMENT AT DIFFERENT LEVELS OF

THE GOVERNMENT IN 2003-2004

AEUP is trying its best to use its constitutional right of peacefully organizing the people on the basis of its political program to advance the cause of democratiza tion in the country. However, members of the ruling party at all levels continue to commit serious human rights violations and appear to endanger the very existence of our peaceful political party. The close similarity of the atrocities and human rights violations perpetrated at all levels throughout the country suggests that there is a clear-cut nationwide policy directive from the top leadership of the government and the ruling party to annihilate parties that have as strong nation-wide popular acceptance as AEUP, and thereby throw AEUP and its supporters into hopelessness and despair.  Hereunder is a listing of murdered AEUP members, attempts made to murder AEUP members and supporters, gross human rights violations on AEUP members, illegal searches, confiscation and destruction of AEUP’s and members’ property and closure of AEUP branch offices by government officials and government armed militiamen throughout our branch offices in the country.

 

A.  AEUP MEMBERS MURDERED IN NORTH AND CENTRAL ETHIOPIA

A.1.           NORTH ETHIOPIA

AWI ZONE

1.   Ato Asfaw Amsal of Lideta Kebele Farmers Association in Banja Wereda of Awi Zone was stabbed to death on February 18, 2004 by a member of the National defense forces on the pretext that the diseased had a gun.

2.   Ato Genetu Workie of Senkit Kebele Farmers Association in Banja Wereda of Awi Zone was murdered on February 19, 2004 under the false allegation that he had mobilized the people to oppose the government.

3.   Ato Amnie Asferaw of Gembaha Keble Farmers Association in Banja Wereda of Awi Zone was stabbed to death upon an allegation that he failed to give up his gun.

4.   Female student Yiftu Sira of Lideta Kebele Farmers Association in Banja Wereda of Awi Zone was murdered by a member of the national defense forces.

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EAST GOJJAM ZONE

5.   The youth, Yihenew Yeshiwond, of Arjena Kebele Farmers Association in Gozamin Wereda of Eastern Gojjam was accused of being a supporter of AEUP since his father, Ato Yeshiwond, was a member o AEUP. Yihenew was first wounded by a bullet from a kebele armed militiaman called Baylie Temesgen and then he was murdered by continuously stabbing him with a knife.

NORTH WOLLO ZONE

6.   Alebachew Settegn of Delanta Dawint wereda , the son of Lieutenant Settegn Ameshe, was murdered by unidentified killers on October 9, 2003.

SOUTH GONDER ZONE

7.   Ato Dessalegn Simegn of Gunaguna Kebele Farmers Association in Ebinat Wereda in Southern Gonder was murdered by Government militiamen Ato Gashaw Melese and Ato Dessalegn Damtew at 7.00 p.m. on March 29, 2004.

A.2. CENTRAL ETHIOPIA

NORTH SHOA ZONE

1. Yeshewa Gultu W/Semayat of Kimir Dingay in Keya sub-wereda was murdered on November 3, 2003 with eight bullets by government militiamen.

2. The youth, Girma Assefa, of 05 Kebele Farmers Association in Gera Keya wereda was murdered by stabbing with a spear.  3. Ato Hailu Zelleke of Filiklik Kebele Farmers Association and a member of the AEUP Weredda Executive, in Gishe Rabel wereda was murdered on April 29, 2004 by government militiamen.  4. Ato Getiye Alagaw who was Head of the AEUP Youth League was murdered by armed Government militia on the night of May 15, 2004.

B.   MURDER ATTEMPTS AND ACTS OF BEATING AND

DISABLING COMMITTED AGAINST AEUP MEMBERS

B.1.     NORTH ETHIOPIA

SOUTH GONDER ZONE

1.   Ato Azmeraw Ayalew, Head of Public Relations in AEUP’s Fogera Wereda Office in Southern Gonder was abducted while he was in a local open market, and he was imprisoned in Aabayako Sahillegn Farmers

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Association where he was robbed 800 Birr and also beaten up mercilessly.  All those in the open local market who attempted to intervene to pacify the situation were dispersed by showering a volley of bullets at the crowd.

2.   On October 9, 2004, in Estie Wereda, a bomb was thrown at AEUP’s werda office, possibly to destroy the office and intimidate AEUP activists.

3.   Ato Abahoy Sendeku of Yifag kebele Farmers Association in Libo Kemkem wereda in South Gonder, who was AEUP’s Public Relation Officer, was taken from his home by government armed militiamen (i) Minale Abebe, (ii) Ambaw Litteh, and (iii) Adafirie Tefera, and beaten up mercilessly.

4.   Kes Ambachew Admassie of Debre Teklehaimanot kebele Farmers Association in Ebinat wereda in South Gonder , who was the AEUP Kebele Committee Chairman, was shot at February 6, 2004 by the Kebele Chairman, Abay Fekade, three times, but he missed.

5.   Kes Nega Agegnehu of Dengores kebele Farmers Association in Farta wereda in South Gonder was badly beaten up by the kebele armed militiamen Getaneh Tasew and Gizachew Tasew on January 31, 2004, but an attempt to rob him was foiled.

6.   The home of Ato Maregu Tegegn of Dengorisa Kolay kebele Farmers Association in wereda in South Gonder, who is AEUP’s local party organizer, was attacked during the night of January 30, 2004 with a volley of bullets, and his son sustained a bullet wound on his hips.

7.   Ato Solomon Birrie of Dero Gabriel Kebele Farmers Association in Lay Gayint wereda in South Gonder, who is Chairman of AEUP’s wereda Executive Committee, was shot at repeatedly by local government armed militiamen, but he has so far survived.

EAST GOJJAM ZONE

8.   Ato Bantie Abebaw of Huletij Enesie wereda in Eastern Gojjam was assaulted by a kebele official, called Debay Belay, and 6 local policemen who tortured mercilessly and then abandoned him at 8.00 p.m.  on October 23, 2003 in a nearby forest when they saw that he was dying.

9.   Ato Temie Getahun of Dima Kebele Farmers Association in Enemay wereda in Eastern Gojjam was abducted, then his arms were tied behind him and the muzzle of a gun was put in his mouth and terrorized and beaten by accusing him of explaining AEUP’s political program to the local population. Members of the local government that were responsible for that atrocity were the following armed militiamen: Ayenew Sewbihon, Getay Korie, Taddesse Chanie, Kidanu Gebeyehu, Yohannes Melak, Tessega Alaminie, Tibebu Chekol, Belew Melese, Gashaw Getaneh, Molla Ashebir and Adigo Adamu.

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10. Ato Desta Minwuyie of Yehultij Enebisie Kebele Farmers in Eastern Gojjam was taken from his home September 7, 2003 by Ato Kumlie, the Kebele Chairman and by Ato Minwuyie Aleminie and he was tortured brutally.

11. Ato Ashenafi Lamesgin of Enajima kebele Farmers Association in Dejen wereda in Eastern Gojjam was put in the kebele jail on March 7, 2004 by the Kebele Executive comprising Anley Getaneh, Tegegnu Gebeyehu, Denekew Lemma and Alamirie Mengie, and he was subjected to a savage torture.

12. Ato Endalamaw Belay of Kandach Kebele Farmers Association in Awabal wereda in Eastern Gojjam was imprisond and tortured.

13. Ato Simie Tilahun of Kandach Kebele Farmers Association in Awabal wereda in Eastern Gojjam was thrown into the kebele jail on September 22, 2003 by the Kebele Executive comprising Demissachew Abate, Yimer Gebeyehu, Wondale Tilahun, Geta Endale, Demiss Mekonnen and Birkie Asreda, and he was subjected to a savage beating which required several months of medical attention.

14. Ato Melkamu Tesfaw, Ato Taddesse Manaye and Ato Simie Bele of Awabal wereda in Eastern Gojjam were also tortured.

15. Gizachew Kehali of Kidist.Kebele Farmers Association in Debay Tiltgin wereda in Eastern Gojjam was abducted on November 1, 2003 by the Kebele Executive comprising Lijalem Asdnake, the Kebele Chairman, Yoseph Alemneh, Adane Misieneh and Damtie Tirune h, and beaten up to such a degree that he is now disabled.

16. Kes Melak Asmamaw andd Habtamu Ayal of Kidist Kebele Farmers Association in Debay Tilatgin wereda in Eastern Gojjam were abducted on May 16, 2004 by the Kebele Executive, and their arms were tied behind their backs with ropes, and beaten up savagely thereafter to such a degree that they have been also disabled since then.

17. The home of Ato Tilahun Admas of Rich Arjima kebele Farmers Association in Dejen wereda in East Gojjam was subject to a barrage of stones, and that sudden and brutal attack led to abortion in the family.

18. Ato Nakie Abebe of Didik kebele Farmers Association in Awabal wereda in East Gojjam was a member of AEUP’s Wereda Executive. The Wereda Government officials abducted him since January 2003 and imprisoned him incommunicado, and burnt his body with heated rubber.

19. The home of Ato Anegagrie Kindie of Yeweber Maraim kebele Farmers Association in Enebissie Sarmidir wereda in East Gojjam was broken into on November 30, 2003 on account of his membership in AEUP by a group led by Ato Yekoye Ejigou and several armed kebele militiamen, and the entire family was subjected to beating and stabbing with gun buts.

20. Kes Getnet Belay of Debre Michael kebele Farmers Association in Enbissie Sarmidir wereda in East Gojjam was also beaten up on Novemebr 23, 2003 simply because of a speech he had made to the local population on AEUP’s political program, and he is still kept illegally in jail.

21. Ato Mezgebe Sorie and Zelalm Fantaneh of Gemie kebele Farmers Association in Debay Tilatgin wereda in East Gojjam were beaten up savagely, thereby incapacitating their arms.

22. Ato Guadie Tefera of Enebissie Sarmidi wereda and other AEUP organizers were beaten up on December 13, 1003 at 1.00 p.m. by the Kebele Chairman, Ato Alamirew Dessalegn and the Deputy Kebele Chairman, Ato Alemu Chkol for simply standing around in their office and witnessing the act of lowering the AEUP flag at the branch office and the destruction of the flag-post.

23. Ato Aniley Imru of Waber Kidus Giorgis kebele Farmers Association in Bibugn wereda in East Gojjam was beaten up by the Kebele Secretary, Ato Demelash Lemine after he failed to persuade the victim to cancel his membership in AEUP.

24. Ato Endashaw Alemu of Zebech kebele Farmers Association in Enemay wereda in East Gojjam was beaten up and tortured on May 6, 2004 by local militiamen Habtie Endale and Bimirew Adal, and then abandoned him on the verge of death.

25. Ato Habtamu Baye of Besiha Tefases kebele Farmers Association in Shebel Berenta wereda in East Gojjam, who is a member of the local AEUP Executive Committee, was returning home from his committee meeting on May 6, 2004 when he was abducted and beaten up by local government armed militiamen Biyalfew Mekonnen, Tefera Ababte , animut Zewdie, and Degwale Tariku. He is now in critical condition in Bichena hospital.

NORTH WOLLO ZONE

26. The AEUP youth, Asnake Mogus of 030 Kebele Farmers Association in Mekit wereda in North Wollo was assaulted on September 29, 2003 by armed government militiamen who beat him, broke his right arm.and then denied him any access to medical assistance.

SOUTH WOLLO ZONE

27. Ato Mekie Demissie of 018 Kebele Farmers Association in Sayint wereda in South Wollo was badly beaten up for making a statement that opposed the policies of EPRDF, then he was fined 100 Birr, and also incarcerated in a pen prepared for keeping livestock.

B.2. CENTRAL ETHIOPIA

NORTH SHOA ZONE

28. Ato Attlaw Mandefro of Dej Kebele Farmers Association in Gera Keya wereda in North Shoa was abducted and beaten up savagely on November 17, 2003.

29. Ato Belay Getaneh of 011 Kebele Farmers Association in Gera Keya wereda in North Shoa was accused of accompanying the President of AEUP on horseback on March 21, 2004 during a working visit with party supporters, and he was shot at by the Chairman, but he survived since the bullet missed him.

30. Ato Damtew Ayele Feres Bet in Rabel wereda in North Shoa, an AEUP party organizer, was beaten up on May 13, 2004 by local government armed militiamen, and he is now in critical condition.

EAST SHOA ZONE

31. Ato Daniel Argaw of 08 Kebele Farmers Association in Nazret town in East Shoa was savagely beaten up and his arm broken on June 10, 2003.

C.  HUMAN RIGHTS VIOLATIONS AGAINST AEUP MEMBERS

C.1            NORTH ETHIOPIA

AWI ZONE

1.   Ato Gedeb Muluneh of Banja Jinguta Kebele Farmers Association in Awi Zone was jailed on March 18, 2004 simply because he stood up and expressed his views at a party meeting.

2.   Blata Mossie Asres of Banja wereda was similarly jailed.

EAST GOJJAM ZONE

1.   Ato Endalmaw Tegegn of Zelalem Desta kebele Farmers Association in Huletij Enessie in East Gojjam was illegally jailed from August 18, 2003 to September 18, 2003 and then set free after humiliating him by forcing him to announce “ AEUP is a worthless party” while being paraded in public.

2.   Kes Getinet Belay of Debre Michael Kebele Farmers

ASSOCIATION IN ENEBISSIE SARMIDIR WEREDA, AN AEUP PARTY ORGANIZER, WAS ILLEGALLY JAILED ON NOVEMBER 25, 2003 AND KEPT THERE INCOMMUNICADO.

3.   On January 14, 2004, an AEUP conference was held in Goncha Sisso Enessie wereda and it was a huge success. The ruling party and local government officials were so frustrated at AEUP’s success that the following AEUP members and party organizers were thrown into jail:

3.1.            Ato Kahili Adera, AEUP’s Wereda Executive member

3.2.            Ato Worku Belay,

3.3.            Ato Wulu Geta

3.4.            Ato Dessie Adima ,

3.5.            Ato Yalew Minwuye

3.6.            Ato Kassaye Workie, who was denied any food and bedding while in prison

3.7.            Ato Biazin Demissie,

3.8.            Ato Getachew Demissie

3.9.            Kes Yismaw Tefera,

4.   Other illegal imprisonments include the following:

4.1.            Ato Getnet Temesgen and other AEUP members from Gundeweyin wereda in Chebo Michael and Mertulemariaam Kebele Farmers Associations were incarcerated ever since the third week of January 2004.

4.2.            Ato Demissie Tegen for also refusing to cancel his membership in AEUP.

4.3.            Ato Tilahun Baye

4.4.            Kes bizuayehu Yigzaw

4.5.            All members of AEUP’s Hultij Enessie Wereda Executive

Committee incarcerated since March 26, 2004

4.6.            Ato Ashenafi Lamesgin of Dejen Wereda in Enajema Kebele Farmers Association who is AEUP organizer, has been illegally thrown into jail at the orders of Kebele officials since March 5,

2004

4.7.            Ato Birilie Tesfaye was imprisoned since July 1, 2005 on account of allegedly being accused of a non-resident status in the area.

4.8.            Ato Tilahun Admas of Rich Kebele Farmers Association in

Dejen wereda

4.9.            Ato Abire Mekonnen of Bibugn Oda Giorgis Kebele Farmers

Association

4.10.          Ato Aniley Imru

4.11.          Ato Tegibew Sinshaw

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4.12.          Ato Endalamaw Derseh and Ato Meseret Ayalew in prison since October 10, 2003.

4.13.          The following AEUP party organizers in Kandach kebele Farmers Association in Awabal Wereda for promoting AEUP’s political program:

4.13.1  Ato Melkamu Tesfaw

4.13.2  Ato Tadele Manaye

4.13.3  Ato Simie Bele

4.14.          The AEUP Executive Committee members of Debay Tilagin wereda, including its Chairman, Ato Yeshiwas Menigiste:

Lieutenant Gizachew Kassa, Abera Wasisie, Lkinaw Kassa, Aderaw Getnet, Wasu Shiferaw, Kes Abera Fettene, Baykedagn Atnafu, Litigebew Gashu, Belay Mengistie, Belay Shiferaw, Sintie Kebede, Gosso Nigatu, Ato Ayal.

4.15.          Imprisonments in Emnessie wereda on 27/4/2004 for refusing to cancel their mebership in AEUP:

4.15.1  Ato Alem Eniyew

4.15.2  ATO GETA MITIKU

4.15.3  Ato Gebeyu Mitiku

4.16           In Enemay wereda, Ato Lijalem Dinku and and the entire wereda Council came out in full force 0n 28/4/2004 and it grabbed and jailed the following members of AEUP’s wereda Execucutive Committe members in Bichena prison:

4.16.1  Ato Hasabe Tesfa

4.16.2  Ato Habtie Kebede

4.16.3  Ato Mulu Ayalew

4.16.4  Ato Tariku Eseyneh

4.16.5  Kes Mossiye Lijalem

4.17.          Again in Enemay wereda in Birhan Kebele Farmers

Association, the following have been thrown to jail for promoting peaceful political education of AEUP members in the Kebele:

4.17.1  Ato Kassa Zewde

4.17.2. Ato Nurie Minwuye

4.17.3. Ato Dires Ayinaref

4.28.          Ato Tesfaye Tariku, member of AEUP’s Central

Committee and principal organizer in East Gojjam, was kidnapped and imprisoned incommunicado since February 2, 2004 in Debay Tilatgin wereda in Kuy Town.

4.29.          Starting with the third week of April 2004, a government order appears to have been circulated in Shebel Berenta wereda to all local government officials to imprison those members of AEUP

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under the “Dangerous Unemployed Persons” proclamation using such pretexts as that they are unemployed and dangerous. The following victims, who only crime is to be poor farmers and AEUP supporters, but who cannot possibly be dangerous or unemployed, other than refusing to drop their support for AEUP, are languishing in jail:

4.29.1. Ato Mamru Abbie, aged 27

4.29.2. Ato Abezaw Geremew, aged 21

4.29.3. Ato Tariku Aschalew, aged 37

4.29.4. Ato Belette Alemayehu, aged 17

4.29.5. Ato Habtie Mekonen, aged 16

4.29.6. Ato Belayneh Tamagn, aged 33

4.29.7. Ato Tamiru Getnet, aged 19

4.29.8. Ato Abiyu Wondim, aged 39

4.29.9. Ato Abayneh Chanie, aged 28

4.29.10.           Ato Abebe Bayu, aged 34

4.29.11.           Ato Temesgen Zeru, aged 40

4.29.12.           Ato Jenberu Melese,aged 42

4.29.13.           Ato Endaweke Giza, aged 17

4.29.14.           Ato Awrajaw Abate, aged 21

4.29.15.           Ato Bitew Ayelew, aged 20

4.29.16.           Ato Gashaw Zewdu, aged 16

4.29.17.           Ato Kasahun Mengistie, aged 28

4.29.18.           Ato Derejew Alemu, aged 27

4.29.19.           Ato Anduamlak Ale, aged 32

4.29.20.           Ato Destaw Alebachew, aged 23

4.29.21.           Ato Bamlie Mekonen, aged 24

4.29.22.           Ato Eyayu Wubale, aged 32

4.29.23.           Ato Assefa Chanie, aged 25

4.29.24.           Ato Sileshi Ashagrie, aged 36

4.29.25.           Ato Ayele Mebrie, aged 28

4.29.26.           Ato Gashaw Mebrie, aged 35

4.29.27.           Tsehayneh Amogne, aged 15

4.29.28.           Ato Worku Assegu, aged 42

4.29.29.           Ato Gizachew Mekete, aged 18

4.29.30.           Ato Sewnet Gashaw, aged 27

4.29.31.           Ato Endashaw Manaye, aged 19

These are mostly young farmers or young boys whose ages range from 15 upwards, who should be now working on their tiny farm plots to prepare them for sowing to fight the widespread famine and poverty that has characterized this land over the last 13 years.

Likewise, (1) Ato Alem Eneyew, (2) Ato Gebeyehu Mitiku, and Ato

Geta Mitiku were repeatedly urged by local officials of the ruling

party to drop their membership in AEUP, and upon their refusal to do so, they were all thrown into jail in Motta Town prison.  In this same Shebel Berenta wereda, at a place called Yekure Yekubet, a special and secret prison has been prepared and it currently tortures some 60 AEUP supporters.

NORTH GONDER ZONE

1.   Sheik Yesuf Mohamed, and other members of AEUP Executive for the wereda of Dembia:

1.1.            Sheik Yesuf Mohamed

1.2.            Ato Berke Demiss

1.3.            Ato Abay Hawaz

1.4.            Ato Mulu Woldie

2.   Ato Fettene of Dassina was thrown into jail on February 29, 2004 simply because he called a meeting of AEUP members for discussion of party business.

3.   Ato Yared Haile was imprisoned on December 15, 2003 without any court warrant and without good cause.

SOUTH GONDER ZONE

1.   The following three AEUP members whose brother, Ato Desalegn Simegn, was earlier murdered by the ruling party, were also thrown into jail on 8/5/2004:

1.1.            Ato Kindalem Simegn

1.2.            Ato Nega Simegn

1.3.            Ato Asratie Simegn

2.   In Farta wereda, the following party members have been thrown into jail under the pretext of a new oppressive law to control “hooligans”, but used so far primarily to frustrate the political opposition:

2.1.            Ato Melak Tsega

2.2.            Ato Mekuanint Zewde

2.3.            Ato Gizachew Tseaga 15 NORTH WOLLO ZONE

1.   Memirie Bihonegn Fentaw, Deputy AEUP Guba Lafto wereda

Chairman, was thrown to jail without court warrant.

2.   Ato Gubena Tikuye, the Chairman of 013 Kebele Farmers Association, threw the following AEUP members into jail for refusing to cancel their AEUP membership:

2.1.      Mekonene Tebeje

2.2.      Chjemere Tefera

2.3.      Bisetegn Tsegaw

2.4.      Belay Aragaw

2.5.      Birhan Ageshen

2.6.      Belay Beyene

SOUTH WOLLO ZONE

1.   AEUP organizers in Mekane Selam had obtained permission from the wereda administration well in advance to hold a local AEUP party meeting, but it was the same wereda officials and Alemayehu Anteneh, a policeman sent from the zonal administration that rounded up AEUP party organizers on November 15, 2003. The names of those thrown into jail are the following:

1.1.            Jamal Ibrahim, an AEUP organizer that had come from Dessie to attend the meeting

1.2.            Major Mesfin Negash

1.3.            Ato Gashaw Ali

1.4.            Ato Getachew Abeje

1.5.            Ato Erigettie Shinbesh

1.6.            Ato Adamu Atnafu

1.7.            Ato Habtamu Awoke

1.8.            Ato Mengistu Dejene

1.9.            Ato Bahiru Muhie

1.10.          Ato Gashaw Tilahun of Kebele 019

1.11.          Ato Tessema Kebede of Kebele 018

1.12.          Ato Mekebu Anbessie of Kebele 024

1.13.          Ato Kebede Tessema

1.14.          Student Gashaw Ejigou, the wereda youth organizer

2.   Aro Mersha Abebaw of 011 Kebele Farmers Association in

Mekane Selam, Debre Sina wereda, was thrown into jail on

December 15, 2003 under the allegation that he had attempted to enlist his wife as a supporter of AEUP.

3.   Sheik Mohamed Ahmed of Kebele 01 who was thrown into jail on January 11, 2004 without court warrant on fabricated charges

4.   Ato Mekete Getaneh , Chairman of AEUP Saynt wereda Committee, was thrown into jail on fabricated charges without court warrant on December 25, 2003.

C.2.           CENTRAL ETHIOPIA

NORTH SHOA ZONE

The following were also illegally thrown into jail:

1. Ato Mersha Haile of Aliyu Amba in Ankober wereda

2. Ato Wesene Gizaw

3. Ato Girum Taddesse

4. Ato Minda Gizaw and 7 other AEUP members were jailed from one week to 4 weeks for no reason.

5. The members of AEUP Executive Committee in Keya Gebriel sub-wereda went to jail as well:

5.1.      Lulseged Zelelew

5.2.      Shummmetie W/Medhin imprisoned from 28/2/2004 to

1/3/2004 for no cause

6.   200 AEUP members were imprisoned en masse on September

19, 2003 in Debre Sina wereda

EAST SHOA ZONE

1.   Ato Mulugeta Wassie was thrown into jail in Metehera Town in Fentale Wereda on May 3, 2004 for distributing AEUP information leaflets.

C.3.           SOUTH ETHIOPIA

BALE ZONE

1.   A member of the Bale Zone Executive Committee and

Head of Public relations was thrown into jail for announcing the date and venue of a party meeting.

2.   Ato Gosa Gebre Selassie, the Secretary of Dodola special zone in Bale was thrown into jail for no cause on May 11, 2004.

3.   Ato Tamirat Gebre Mariam, Chairman of the Zone’s AEUP

Executive Committee, was thrown into jail by the local

Administration since the beginning of May 2004 for not

vacating an office leased to AEUP legally. This local

administration had closed the AEUP office in Dodola once before,

confiscated its furniture and flag, and imprisoned the office

staff before with the aim of shutting out AEUP’s presence in

Dodola.

4.   Ato Aalemayehu Yeneneh, who is a member of the AEUP Head Office, was sent to Dodola to find out about the event, but he was also thrown into jail on May 11, 2004 for simply asking questions about the circumstances of the arrest of Ato Tamrat Gebre Mariam in (3) above..

4.   Second Lieutenat Tefo Geno, who is an AEUP organizer in the Dodola Special Zone, was also thrown into jail on May 11, 2004 for asking questions about the circumstances of the arrest of Ato Tamrat Gebre Mariam in (3) above.

WELAYITA ZONE

Sodo Wereda is determined to imprison and harass AEUP members or otherwise ensure that AEUP members are excluded from local selfhelp associations.

Likewise, the violations of AEUP members’s human rights are very serious in Besaso Sorie wereda where our members are savagely beaten up and made disabled and imprisonment is rampant. The same illegal practice prevails in Ofa wereda where disabling, imprisonment, social exclusion, damage to property and attacks on AEUP’s branch offices is the rule rather than the exception.

Imprisonments:

Ø Sodo wereda police station has jailed 2 AEUP members, including AEUP’s Zone Secretary Getache Mengistie, Ato Tklie Do who is a party organizer and Gua Alam who has been denied a right of bail.

Ø AEUP members are in jail from Diamanch Kebele, Dache Gofera Kebele, Gara Guda Kebele, Baso Gofera Kebele, All in all, 60 AEUP members are illegally behind bars in this zone. 12 of those that escaped on May 18, 2004 from Asasa prison are now being searched for to send them back to prison for no cause other than their membership in AEUP.

Exclusion from AEUP and local social organizations

Ø 16 AEUP members in Sodo wereda have been forced to cancel

their AEUP membership

18

Ø AEUP members in Sodo wereda cannot serve in bail proceedings and they cannot have access to such services from others Ø AEUP members are regarded the same as OLF members , and they have no right to get grains from famine relief sources.

Disabilities due to Attacks by Local Government Officials

Several AEUP members have been taken out of their homes and

savagely beaten

up to the extent of making them disabled.

Forced Resettlement of AEUP members

Several AEUP members have been rounded up forcefully and sent to

resettlement

areas against their will.

D.  SHUTTING DOWN AEUP BRANCH OFFICES,

DESTROYING PARTY SIGNS, DESTROYING

FLAGPOSTS

SOUTH GONDER ZONE

1.   AEUP’S wereda office in Libo Kemkem wereda was assaulted and destroyed by members of the wereda Administrative Council, who led a group of armed local militiamen on 3/1/2004 at 1.00 am to execute this illegal mission.

2.   The AEUP branch office in (1) was repaired and reopened, but it was again attacked and destroyed once again by the same group from the local government/ruling party on 4/1/2004 one hour before mid-night when they broke the doors and windows, broke the flag-post and run away with the personal property of the staff in the office.

3.   The third wave of government -sponsored attack on Libo Kemkem’s AEUP branch office came on 29/1/2004 at 1.00 am with a destructive squad comprising members of the We reda Administrative Council, the wereda police and 14 others armed government militiamen, totally 20 in all; they destroyed all doors and windows that had been repaired after the second wave of savage attack, confiscated all documents in the office, and left after shooting three bullets at Ato Tsegaye Tarekegn, the AEUP wereda Secretary.

19

EAST GOJJAM ZONE

SEVERAL brach offices in this zone are under constant harassment and they have been forced to cloe down for no reason. A typical example, In Merto Le mariamTown in Huletej Enessie, armed government militiamen invaded the AEUP branch office on 13/12/2003 , lowered the flag hoisted by the AEUP branch office, and uprooted the flag post. During the night on the same day, a group of armed government militiamen again invaded the same office, broke its doors and windows and searched the office without any legal warrant.

NORTH SHOA ZONE

AEUP’S branch offices in this zone are under constant harassment and they have been forced to close down for no reason.

WELAYITA ZONE

Our Branch office in Ofa wereda was repeatedly forced to close by local government officials and armed government militiamen.

KEMBATA TIMBARO ZONE

AEUP has serious obstacles from local owereda and kebele officials in

its attempt to open branch offices. The excuse is that they say that we

have to have special permits to do that from the National Election

Board. They also insist on receiving copies of our political program

GEDEO ZONE, GAMUGOFA ZONE, KEMBATA ZONE AND SIDAMA ZONE

In GEDEO ZONE, AEUP has serious obstacles from local wereda and kebele officials in its attempt to open branch offices. They warn the residents of Dilla that they should never organize under AEUP or otherwise they face imprisonment, and destroy party sign in front of the Dilla AEUP branch office. Those party members that distribute party leaflets have been rounded up as dangerous under” dangerous and unemployed” proclamation.. Government employees suspected of being AEUP supporters have been to sign that they have no thing to do with AEUP.

In SIDAMA ZONE, AEUP has serious obstacles from local wereda and kebele officials in its attempt to open branch offices by delaying or completely hiding away our letters of authorization to open branches.  The officials Shebedeno wereda administration have also publicly warned the public on February 3, 2004 that those who dare join AEUP will have their tongue cut out, and their means of livelihood destroyed. As a result, the population is so terrorized that our activities have be en brought to a halt.

In GAMU GOFA ZONE, AEUP has serious obstacles from local wereda and kebele officials in its attempt to open branch offices; they delay or completely hide away our letters of authorization to open branches.  Constant threats and harassment is the order of the day on AEUP party organizers.

A special circular has been written by the Administrator of West Abaya to make a special follow-up of the activities of 35 AEUP members who are also forbidden from paying their taxes. In addition, attempts continue to be made to close down our wereda branch office..

E.   DAMAGE TO PROPERTY OWNED BY AEUP AND

SUPPORTERS

EAST GOJJAM

On March 1, 2004, the corrugated iron sheet roofing of the homes of poor farmers who are AEUP supporters, resident in Sireyesus Farmers Association in Enemay Wereda, were dismantled and those same farmers were required to pay 10 Birr each for such destruction of their homes, as a labour cost, on account of the allegation that they have not been able to pay for fertilizers sold to them by trading monopolies of the ruling party. Those who could not afford to pay 10 Birr for the destruction of their own homes by the very government that had the constitutional obligation to protect them were thrown into jail, and their names are as follows:

1 .Ato Worku Eyasu

2.   Ato Dires Teka

3.   Ato Ayele Negash

4.   Ato Damtie Manaye

5.   Kes Kebede Mengistie

6.   Ato Teshome Kebed

7.   Ato Abebe Yizengaw

8.   Ato Sewnet Worku

9.   Ato Ttega Kelemu

10. Ato Tteju Zegeye

11. Ato Aweke Walle

12. Ato Tekesete Hassab

13. Ato Manaye Taddesse

14. Ato Ttibebe Sewnet

15. Ato Ttassie Kebede

16. Ato Mengistie Ejigayehu

17. Ato Adinew Workineh

18. Ato Lwiyie Temie

19. Ato Aragaw Abayneh

20. Ato Wudiye Wondialem

21. Ato Walle Temie

22. Ato Assamene Negash

23. Ato Zeru Yinessa

24. Ato Aytenew Chekol

25. Ato Dagne Manaye

26. Binalfw Kassie

27. Ato Yalew Adane

28. Ato Abebaw Aweke

The destruction force managed by local government and members of the ruling party continued its destructive activity again in the same Kebele Farmaers Association on March 19, 2004, to destroy the homes of :

26. Ato Wondialle Mekonnen

27. Ato Addis Manaye

28. Ato Getachew Asratu

29. Ato Andargie Yalew

30. Ato Alimaw Chekol

31. Ato Temie Eyechenu

The destructions of the homes of the above has enabled the ruling party to collect old corrugated iron sheets ranging from 32 to 46 pieces from each home. The whole purpose is to terrorize AEUP supporters and not to collect the money owed to the Ruling Party’s business monopoly since there is no market for old corrugated sheets. A legal approach by a responsible and accountable government and ruling party to collect any debt owed to the Ruling Party’s monopolies would have been to resort to the courts, however nominal they may be.

The homes listed above were destroyed by the following 11 government officials:

1.   Ato Limesgen Mengistie

2.   Ato Kes Gettie Ada ne

3.   Ato Gegwale Tegegn

4.   Ato Alemayehu Mengistie

5.   Ato Mersie Ayele

6.   Ato Assefa Zewde

7.   Ato Abatneh Biazin

8.   Ato Temie Chere

9.   Ato Misaye Meku

10. Ato Mebitu Tessema

11. Ato Attilaw Mitiku

32. The farm plots of an AEUP member in Mankorkoria Kebele Farmers

Association in Ene may Wereda were confiscated on 14/03/2004.

33. Ato Hagurie, and AEUP member in Bichena Dibir Kebele Farmers

Association had his fertilizer bags and his old crop of Teff confiscated in the dead of night of 17/09/2003 by armed government militiamen.

34. Ato Tariku Derso, an AEUP member in Araat Band Kebele Farmers

Association in Bichena wereda had his farm oxenen confiscated in the dead of night by armed government militia.

35. The homes of the following 4 AEUP members and residents of

Gundeweyn wereda were destroyed by armed militiamen: Ato Getachew Demissie, Ato Biazin Gettie, Ato Getnet Temesgen, Kes Yismaw Tefera.

36. The trees planted around the home of Ato Ashagrie Gessesse in Hibre

Selam Kebele Farmers Association on Huletij Enessie were cut down; the fence of his home was destroyed and his farm plots were confiscated.

37. An AEUP member of Sebshengo Kebele Farmers Association in Dejen wereda had his farm plots, house and garden confiscated on account of his AEUP membership.

38. The following 8 AEUP members in Enebissie Sarmidir wereda were denied access to food being distributed for famine relief and their gardens destroyed on account of their membership in AEUP: Ato Talema, Ato Mogessie Simie, Ato Fantaye Walelign, Ato Azeze Kebede, Ato Wubetu Gizaw, Ato Gizaw Talema, Ato Yibeyin Assefa and Ato Yohannes Tsegaye.

39. The following damage was committed against the property of AEUP members:

Ø Crops destroyed on September 30, 2003 by livestock which were brought in to graze by Kebele government officials at Ayzuar Kebele Farmers Association in Enarj Enawga wereda Ø Ato Endaweke Enieayehu had 6 sheep confiscated by Kebele government officials at Shimie Kebele Farmers Association in Debay Tilatigin wereda.

Ø Ato Yeshiwas Mengistie’s crop of Teff was intentionally destroyed by livestock brought in by the Kebele leadership, and he was also fined 600 Birr.

Ø Ato Gizachew Kehali’s home in Kidistie Kebele Farmers Association in Debay Tilagin wereda was destroyed by the the Kebele leadership.

Ø The crops of wheat, barley and teff, owned by Ato Wondie Abebaw, Ato Yalew Alemneh, Ato Tizazu Abate, Ato Ashagrie Demiss and Ato Asmammaw Likinaw, were likewise destroyed by livestock collected from the surrounding areas and brought in by kebele leadership for the destructive purpose.

Ø The crop of maize and the vegetable garden owned by Ato Lingerew Eshetie of Emewold Kebele Farmers AsAssociation in Debay Tilatgin wereda were likewise destroyed by livestock collected from the surrounding areas and brought in by kebele leadership for the destructive purpose.

Ø The crops of AEUP members in Goncha Siso Enessie wereda were also destroyed by livestock brought in by kebele leadership for the destructive purpose.

40. The entire house and property of AEUP’s Kes Ayalneh Wodifraw of

Yetijan Kebele Farmers Association in Gozamin wereda was set on fire by governmenmt militiamen and burnt to the ground on 22 Novemebr 2003 with all his other property.

41. The house AEUP’s Adane Tefera of Enetemun Kebele Farmers

Association in

Basoliben wereda was illegally searched by members of the Defense Forces on July 20, 2003 and 1400 Birr was confiscated for no reason.

SOUTH GONDER

1.   The home of Ato Aschalew of Jeman Yirga Kebele Farmers

Association was burnt down during the night of January 19, 2004 , incurring an additional loss of about 4000 Birr worth of grains and household goods.

2.   The crops of AEUP members of Amijaye Kebele Farmers Association in Farta wereda , equivalent to that owned by two families, was destroyed under the pretext that the land was not to be used for farming.

3.   Government militiamen robbed 800 Birr from Ato Azmeraw Ayalew of Fogera wereda, and Head of AEUP’s Public Relations in the wereda, while he was walking back from a local market.

4.   Ato Abebaw Nadew, Chairman of Amed Ber Kebele Farmers Association in Fogera wereda, and government militiamen took from their grazing area 6 livestock owned by AEUP’s Ato Baye Siyum on April 19, 2004.

AWI ZONE

On March 22, 2004, the property of the following farmers of Yankuta Kebele Farmers Association in Ankesha wereda was auctioned by the kebele leadership:

1.   Corporal Muluye Azene, who lost one horse

2.   Ato Bitew Fanta, who lost 1 horse

3.   Ato Gedib Muluneh, who lost 1 horse

4.   Ato Eskezia Muluneh, who lost 2 sheep

5.   Ato Sintayehu Bitew, who lost 2 sheep

6.   Ato Tilahun Fentie, who lost 2 sheep

7.   Ato Tamir Desta, who lost 1 sheep

8.   Ato Agaj Fentie, who lost 1 sheep

9.   Ato Haynor Dessie, who lost 1 horse

10. Ato Abera Aalemayehu, who lost 2 sheep

11. Ato Abate Aynalem, who lost 2 sheep

12. Ato Ayana Aynalem, who lost 2 sheep

13. Ato Bishaw Mekonen, who lost 1 sheep

14. Ato Tibebe Kebede, who lost 2 goats

15. Ato Fekadu Mulat, who lost 1 calf

16. Ato Yeshiwas Mihret, who lost 1 horse

17. Ato Agegnehu Welelie, who lost 1 cow

18. Ato Yenew Mesfin, who lost 1 horse

19. Ato Tadele Fanta, who lost 1 sheep

20. Ato Mekuriaw Kebede, who lost 1 sheep

21. Ato Andualem Mekonen, who lost 1 sheep

22. Ato Awoke Alem,who lost 2 sheep

23. Kes Asrat Nurie, who lost 1 sheep

24. Ato Dessie Yimenu, who lost 1 sheep

25. Ato Birhanu Mihret, who lost 1 sheep

26. Kes Birhane Muengistu, who lost 1 sheep

27. Ato Kassie Desta, who lost 1 ho rse

28. Ato Getahun Desta, who lost 1 sheep

29. Ato Adamu Mihret, who lost 1 sheep

30. Ato Anteneh Biru, who lost 1 sheep

31. Ato Siyum Eniyew, who lost 1 sheep

32. Ato Eniyew Kassa, who lost 1 sheep

F.   EXCLUSION FROM RELIGIOUS AND SOCIAL ACTIVITIES

EAST GOJJAM

1.   AEUP’s Kes Andargie Mengistie of Addis Alem Kebele Farmers Association in Eneamy wereda was excluded from his church duties on account of allegations leveled at him by the wereda Administrator that he is no different from the members of the Derg’s members of the Wo rkers Party of Ethiopia. The same prohibition was effected on Kes Geta Tamir of Debre Marcos.

2.   AEUP party leaders have been forbidden by lovcal officials from using the public phone in Debay Tilatigin wereda

SOUTH WOLLO:

In Sayint wereda, several churchmen at Wyin Abeba Gebriel and elsewhere have been barred from attending to their church duties on account of their refusal to give up their AEUP membership. In this same wereda, AEUP members have also been driven out of local self-help associations. This social exclusion has also occurred in Debre Sina.

NORTH GONDER

In Alefetakusa wereda andin Dabat wereda, churchmen who are supporters of AEUP have been barred from attending to their church duties on account of their refusal to give up their AEUP membe rship.

G.  DISRUPTING LEGAL MEETINGS AND DEMONIZING THE PARTY IN LOCAL

GOVERNMENT RADIO PROGRAMS

Such practices are also common as observed throughout the country so that AEUP has very little security though that gas not deterred AEUP from getting tremendous popular support throughout Ethiopia. Our meetings have been disrupted in South Wollo, igray, South Gonder, North Shoa, East Gojjam, Oromia, Sidama, Welayita, Gedeo, West Gojjam, and other zones.  Local government radio stations are also busy demonizing AEUp with government taxes and against the constitutional provision that they should have a balanced and fair presentation of all shades of opinion.

Annex 4

Requests Submitted to the Election Board

The Process of organizing All Ethiopia Unity Party in the last two years has been cumbersome, tedious and, above all, life threatening to all our teams operating outside of Addis Ababa. As a consequence, we had tried to inform the Government offices from the top all the way down to the wereda levels. In such attempts we have invariably called on the Election Board to take the requisite actions to instill even a semblance of a democratic order. Some of cases are mentioned here below.

1.   The harassments and human rights violations in different zones and weredas of the Amhara Killil were submitted to the President of the Killil on 25/05/96 Ethiopian calendar and copied to the Election Board in Addis Ababa. We hove received no information on what action the Board took.

2.   Nation – wide atrocities perpetrated on AEUP members and organizers have repeatedly been presented to Prime Minister Meles Zenawi, the president of the Amhara Kilil Ato Yoseph Retta, President of Oromia Ato Junedin Sado. A 17 page document regarding such violations has been sent to the Election Board Secretariate on mm/13/315 reference no. 25/11/95.

To date we are made aware on the measures taken by the Board, in any,

3.   When the atrocities that were being perpetrated escalated all over the country an 11 page letter was submitted to the Board on 18/02/96 reference no ml/13/29/96. But no apparent action was taken and no response was received by us.

4.   When AEUP established its party offices in Bale, Dodola and Goba, very intense opposition was mounted by the local governments by detaining our party organizers and leaders, uprooting and destroying the party name plates taking

27 down our flags with full participation of the police and finally closing down the respective new AEUP offices. Such illegal acts were catalogued and sent to the President of Oromia on 04/07/95 E.C., reference number, m7/4/173/95 with a copy to the Election Board. Again No response from the Regional President or Election Board.

5.   The illegal acts such as detentions, closure of our party offices in Southern Ethiopia, for example in Wellaita Gideo, Gamu, Kembata and Southern Oromio have been advised to the Election Board on 24/03/96 E.C, reference md/8/86/96.  Eventhough the Board has sent teams to investigate the gross violations, another one of our members Ato Daye Diko was apprehended by armed Government agents and failed even before the Boards so called investigators have left the area.  We are still awaiting the final position of the Board.

6.   Two of AEUP’s young organizers Shewagult W.Semait and Girma Assefa were murdered by individuals closely tied to the local government officials. Based on our request of 05/04/96, reference no. mm/13/94/96 an individual Dr. Minisha Zewdie was sent to the area by the Board. Instead of trying to find out the truth this individual has ma terially interfered with the case advising the locals how to defend themselves and EPRDF of the crimes. Again the Board has still not provided us with the report on the case even six months after the act.  As a whole the Board has not heeded our requests submitted in writing on very many occasions. Its inaction has contributed to the killing of 12 of our action members, the harassment and imprisonment of at last 35 others, the disruption of at least 300 party rallies and meetings, numerous arsons, destruc tion and booting of property. Above all the Election Board has played a significant role in deterring the progress of a democratic process in Ethiopia by protecting EPRDF even when it was clear that the crimes were centrally orchestrated.

ANNEX 5

NECESSARY CONDITIONS FOR A FREE AND FAIR ELECTORAL SYSTEM

5.1 INTERNATIONAL STANDARDS

Article 13 (2) of the Ethiopian Constitution declares the incorporation, into Ethiopian law, of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and many other international and regional documents on human rights. In particular, Article 25 of the International Covenant on Civil and Political Rights states that every citizen shall have the right and the opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives, to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors, and to have access, on general terms of equality, to public service in his country.

5.2 NEPAD’S PROVISIONS FOR DEMOCRACY AND POLITICAL GOVERNANCE

One of the core objectives of NEPAD is to promote and protect democracy and human rights in their respective countries and regions, by developing clear standards of accountability, transparency and participatory governance at the national and sub-national levels (NEPAD, Paragraph 49). In NEPAD’s program of action, it is further stipulated that

“… development is impossible in the absence of true democracy, respect for human rights peace and good governance. With the New Partnership for Africa’s Development, Africa undertakes to respect the global standards of democracy, which core components include political pluralism, allowing for the existence of several political parties and workers’ unions, fair, open, free and democratic elections periodically organized to enable the populace choose their leaders freely.” ( See NEPAD, Paragraph 79).

Indeed, Prime Minister Meles Zenawi, the Chairman of the Ruling Party, is also one of the Vice-Presidents of the Executive Committee responsible for the implementation of NEPAD.

The AU conference on Democracy and Elections provides for electoral observation and monitoring amongst which prominence is given to independent boards and provides for the role of independent monitors and observers especially these from Au member countries.

5.3       USAID STAND ON AN IMPARTIAL ELECTORAL FRAMEWORK

With regard to democratic elections and good governance, the US Government’s USAID duly emphasizes (USAID, 2000; p…59, paragraph 2.2.1) the necessity of a democratic legal framework for the implementation of democratic elections as follows:

“… The electoral framework refers to those constitutional provisions , laws, regulations, and institutions which govern electoral processes. Although not a sufficient condition, an impartial framework is a necessary condition for free and fair elections and electoral processes.”.

However, in spite of the government’s acceptance of such international standards for

good democratic practice, Electoral Proclamation N0. 111/1995 has not been

designed to bring about free and fair elections; all key provisions of the Proclamation have been framed to favor only the party in power, even though the main reason for issuing Proclamation 111/1995 is to guarantee the protection of all citizens’ rights to elect and be elected, as stated in Article 38 of the FDRE Constitution.

ANNEX 5

NECESSARY CONDITIONS FOR A FREE AND FAIR ELECTORAL SYSTEM

5.1       INTERNATIONAL STANDARDS

Article 13 (2) of the Ethiopian Constitution declares the incorporation, into Ethiopian law, of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and many other international and regional documents on human rights. In particular, Article 25 of the International Covenant on Civil and Political Rights states that every citizen shall have the right and the opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives, to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors, and to have access, on general terms of equality, to public service in his country.

5.2       NEPAD’S PROVISIONS FOR DEMOCRACY AND POLITICAL GOVERNANCE

One of the core objectives of NEPAD is to promote and protect democracy

and human rights in their respective countries and regions, by developing

clear standards of accountability, transparency and participatory governance

at the national and sub-national levels (NEPAD, Paragraph 49). In NEPAD’s

program of action, it is further stipulated that

“… development is impossible in the absence of true democracy, respect for human rights peace and good governance. With the New Partnership for Africa’s Development, Africa undertakes to respect the global standards of democracy, which core components include political pluralism, allowing for the existence of several political parties and workers’ unions, fair, open, free and democratic elections periodically organized to enable the populace choose their leaders freely.” ( See NEPAD, Paragraph 79).

Indeed, Prime Minister Meles Zenawi, the Chairman of the Ruling Party, is also one of the Vice-Presidents of the Executive Committee responsible for the implementation of NEPAD.

 

The Au conference on Democracy and Elections provides for electoral observation and monitoring amongst which prominence is given to independent boards and provides for the role of independent monitors and observers especially these from Au member countries.

5.3       USAID STAND ON AN IMPARTIAL ELECTORAL FRAMEWORK

With regard to democratic elections and good governance, the US Government’s USAID duly emphasizes (USAID, 2000; p…59, paragraph 2.2.1) the necessity of a democratic legal framework for the implementation of democratic elections as follows:

“… The electoral framework refers to those constitutional provisions , laws, regulations, and institutions which govern electoral processes. Although not a sufficient condition, an impartial framework is a necessary condition for free and fair elections and electoral processes.”.

However, in spite of the government’s acceptance of such international standards for

good democratic practice, Electoral Proclamation N0. 111/1995 has not been

designed to bring about free and fair elections; all key provisions of the Proclamation have been framed to favor only the party in power, even though the main reason for issuing Proclamation 111/1995 is to guarantee the protection of all citizens’ rights to elect and be elected, as stated in Article 38 of the FDRE Constitution.

ANNEX 6 SUMMARY HOW CAN ETHIOPIA PREPARE FOR FREE AND FAIR ELECTIONS IN MAY 2005?

Urgent action has to be taken to address the following critical concerns:

6.1 The National Election Board:

The National Electoral Board and all bodies that the Board has organized in its own image from qebele up to the national levels cannot be expected to be impartial; they have proved to be serious obstacles in all past elections in 1995, 2000 and 2001.  Presently, it has done absolutely nothing to stop or even reduce the harassment puerperal and organizers of our party, AEUP in the rural area.

The National Election Board must be non-partisan, or include all

independent parties on the Board. Representatives of all political parties

will stop the Board from being an instrument for the protection of the

interests of any one single party, as observed over the last ten years. The

current structure and composition of the Board have to be changed with the

full and unconditional participation of the independent political opposition, and independent civic society groups.

 

6.2 The Election Secretariat: The organisational structure, staffing, financing and management of the offices of the Secretariat of the Board and those at all other levels of the electoral system should be completely free from the special influence of any of the contesting parties and the government. There should no more be one party appointments by the ruling party/government at all levels of the electoral management system.

 

The Civil Service and the courts are too partisan to be entrusted with the implementation of free and fair elections. Hence, the election secretariat and the election courts should be recruited with the full cooperation and approval of all independent political parties, and that may be done either by a search panel consisting of representatives of all independent parties, or by a commission consisting of the Presidents of all independent political parties.

6.3 Constituencies

 

6.3.1    The number of candidates running for election in a given region should be strictly based on population size, as stipulated in Articles 54(3) of FDRE’s Constitution. During the May 2000 General Election, the ruling party altered the number of candidates for regional councils without any convincing legal argument, or statistical facts and without consulting opposition parties.

This problem arises from Article 15 of Electoral Proclamation No.

111/1995. The Government should be pressured to carry out the national Population census well before 2005 in order to have a credible basis for determining election districts, or it should otherwise sit down with all independent parties to agree on the size and delimitation of electoral constituencies, and not resort to a one-party decision as in 2000.

6.3.2    “Minority nationality” should be explicitly defined with a suitable legislation and not left to the good will of the ruling party and the House of Representatives as in Sub-article 15(3). Today, only some of the more than 80 ethnic groups have been picked by the ruling party for representation in the House of Representatives and the rationale, if any, for this selection is not public information, as it ought to be.

6.4 Candidates’ and Voters’ Registration:

The registration system should be revamped completely and made dependable and free from any one party’s influence, as stipulated in Article 54(1) of FDRE’s Constitution, by:

6.4.1    Making the criteria for voters’ eligibility transparent, fair and consistent with democratic principles. Articles 29-30 and Articles 32-34 require a careful review.

6.4.2    Requiring the full residential address of each registered voter to be recorded on the electoral roll and on the voters’ card to minimise electoral fraud. Article 29 had been repeatedly violated by the National Election Board itself in the elections of 1995, 2000, and 2001 when it removed the address criterion from the voter registration and voters’ card . In fact, the Proclamation itself, in Article 32, did

not require residential address on the voter identification card, again opening the door for fraud by the ruling party.

6.4.3    making the registers of voters accurate and fair. Article 22 requires more definition as to who is the chief registration/electoral officer or presiding officer and his/her exact functions at the polling station, who is the counting officer, who seals ballot boxes and who opens them and the role of contesting parties in the entire process. This article is a complete failure at transparency and accountability.

Article 23 was not enforced in all past elections; instead, the National Election Board used its own appointees, which were not provided for in Proclamation 111/95, as “observers”.

6.   4.4 Ensuring that the distribution and use of voter identification cards are free from partisanship and one-party control. In the May 2000 Election, some pretension was made to control their use at each registration station, while the exact number of such cards sent to each such qebele station was known only to appointees of the National Election Board and, hence, only to members of the ruling party. All contesting parties should be involved in its control and auditing.

6.4.5    Putting an end to arbitrary decisions and actions as shown by the extension of the registration time by 20 days just before the deadline for voter registration during the last general election, followed by 3 more days thereafter. Articles 26-28 are the immediate sources of this problem.

6.4.6    Ensuring that voter records are properly and safely kept with the transparent participation of all contesting parties. Article 33 leaves the door open for fraud by allowing the Board to come up with arbitrary decisions in Sub-article 33(2).

6.4.7    Eliminating the problems that candidates have continued to have from the time of the nominations right to election day. Articles 38, 41, 42, 43, and 46 have always had their own associated pitfalls.

·        Sub-Article 38(2) allows candidacy even when the residence requirement

is not satisfied

·        Sub-article 41(2) and Article 43 were clearly never used by the Board in

1995 and 2001, and hence, both are dead articles.

·        Article 42 was a mine-field of confusion for the largely illiterate electorate that has been flooded with a multitude of symbols to choose from. One symbol per party would be the only sound alternative.

·        Article 46 appeared to have been designed to shut out the political opposition from the political arena by reserving government services as a safe haven for only those who line up with the ruling party, and using the same effectively in running the partisan elections seen at all levels in 1995, 2000 and 2001 under the management of a partisan Board and a partisan Secretariat.

6.4.8    Finding a firm and legal resolution to the bureaucratic red tape involved in the registration of candidates and voters. Article 52 and Articles 69-72 were of little help in the past to aggrieved contesting parties.  An independent National Election Board which is appointed with the collaboration and approval of all independent political parties and an equally independent election secretariat at all levels is the only answer.

6.5 Election Campaigns and Voter Education

Recognising that election campaigns and voter education are essential parts of the electoral process, they should be made free from any one party’s influence, and all parties must have equal and fair access to all public mass media. Very few benefits have accrued from the provisions of Articles 50-51 of Proclamation 111/95. Strong penalties can be imposed only by Independent Electoral Courts.  Civic education must be given extensively covering the meaning and content, implementation, and benefits of free elections as well as the procedures of Election Day itself. Article 5(1d) was largely ignored in the past even though Ethiopian society is largely politically illiterate.

During the election campaigns of 1995, 2000 and 2001, there have been several fraudulent practices, intimidation, arbitrary killings, etc. ( DEU, 1995; EHRCO, 2000;

EHRCO, 2001). The same type of intimidations are already being perpatrated Now

/Details are available/ One way, perhaps the only one, in which these can be

minimised is with the establishment of an independent and effective electoral

court that is vested with the necessary power, authority and means.

6.6 Independent monitors and observers.

Even though the “public observers” in the elections of 1995, 2000 and 2001

have had no legal basis in Proclamation 111/1995, they have been playing critical roles in protecting the political monopoly interests of TPLF/EPRDF, both as Grievance Committee members and as witnesses in an electoral process swamped with fraudulent and undemocratic practices. This has also been crying for change since 1995, but it has been deliberately ignored by the ruling party. That has to change for the elections in May 2005; the so called “public observers” of EPRDF must not be established and utilized.

An electronic document of the International Institute for Democracy and

Electoral Assistance (International IDEA), the UN and International

Foundation for Election Systems (IFES) puts it, “ Parties are … the keenest

‘Electoral police’, because they have a vested interest in ensuring that their

opponents do not cheat.”. As the largest multi-ethnic democratic party in Ethiopia today, AEUP would like to see the institutionalisation of a free and fair electoral system before 2005.

In addition, Independent local and international election observers need to be

operational right from the beginning of the election process (meaning Now, instead of coming in after most of the damage has been done during the registration and the election campaign periods.

6.7 Penalties

The provisions of Articles 50-52 and Articles 69-72 must be reviewed to ensure the application of obligatory, severe and well-defined penalties by an impartial authority, as recommended in Section 10.8 below, that will be effective in controlling the transgressions of the ruling party at all levels of government. These articles need to be reconciled with those in Article 5 to ensure effective and prompt implementation.

6.8 Establishing Electoral Courts

These Electoral Courts must be independent of all political parties, replacing

Grievance Committees and Wereda, Awraja and High courts (Articles 69-72).

Such courts are made necessary by the fact that existing courts are largely staffed by people loyal to the ruling party, as also recently admitted by the Prime Minister ( See Reporter, Amharic Monthly, Vol. 4, No. 36, Ginbot 1993; p. 25). In addition, existing courts are also over-burdened and under-staffed to assume this critical and additional responsibility. Hence, a Federal Electoral Court must be appointed with 37 the collaboration and approval of all independent political parties and it should have as much legal authority as the Federal Supreme Court.  In addition, there is an absolute need for a Election Security Commission that is managed jointly by all independent competing parties at each level of the electoral process for the entire election period starting from registration to the final reporting of voting results.

Both the Electoral Courts and the Election Security Commission will disband upon the successful conclusion of the election after being in continuous operation for something like 6 months. This is not a big price to pay in order to ensure peace and security in the Horn of Africa through free and fair elections, which have so far been impossible under de facto one-party dictatorship!

6.9 Vote Counting and Voting Results announcement:

All essential activities like polling station security, the counting of votes, verification of

the accuracy and reliability of the votes, announcement of results, etc… have been

the sole responsibility of the ruling party in 1995, 2000 and 2001. A democratic

election requires that this must change:

·        Article 65 does not clearly indicate that vote counting must be conducted in a manner that is transparent. Instead, it states that vote counting will be carried out at the polling station in accordance with directives to be issued by the Board, and that leads to additional suspicion since such a directive comes from election officials appointed by the ruling party.

·        The same Article does not clearly state who carries out and verifies the vote counting, and when that is done. There is no role for contesting political parties and legal observers in the whole process . The voting counting has to be completed and made public on the same day as the elections in each polling station, and all competing political parties should have a right to contest the outcomes before they are pronounced free and fair by the

National Election Board.

·        Article 65 also fails to address security concerns for the security of the ballot boxes both within polling stations and during their transfer to wereda offices or latter, and the roles of contesting political parties and legal observers in the process .

·        Articles 65-66 do not indicate who, within the respective offices, is responsible for the declaration of local election results over and above the ultimate responsibility given to the Board. The contesting parties appear to have no say in the matter at all levels, contrary to international democratic practice.  Journalists also appear to be shut out completely and transparency and accountability appear to be fully compromised.

6.10           Access to Public Mass Media

Private mass media have been made inaccessible by the Ruling party which, however, has Radio Fana which is operated by and for TPLF against the Political

Parties Registration Proclamation No. 46/1993 as amended by Proclamation

N0.82/1994 where Article 28 states “….a political party which has attained legal

personality may not directly or indirectly engage in commercial and industrial

activity.”. Despite this legal provision, TPLF operates Radio Fana and some 42 other commercial and industrial monopolies.

Article 50 of Proclamation 111/1995 stipulates that all parties have the right to use public media equitably, but the use of such media is determined by TPLF/EPRDF/Ministry of Information. The partisanship of the authorities of the Ministry had been observed during the May 1995, May 2000 and 2001 elections when opposition candidates were systematically excluded from equitably using the media whereas the ruling party used them intensively under various pretexts.  This has continued _________.

There is an urgent need to establish an independent Public Mass Media Commission with members from all independent political parties to ensure equitable access to public mass media and avoid the election problems of 1995, 2000 and 2001.

6.11           Election Funding

The ruling party has always had full access to all public facilities like halls, government cars, public mass media and other support services throughout the country, and that is possible by liberally using public funds which have been totally inaccessible to the opposition in the national elections in 1995, 2001 and 2001.

This practice has to come to an end for the elections in 2005 by providing for a government budget which is fairly allocated to all competing political parties and administered fairly and independently of the ruling party through 39 a Federal Election Funds Commission that consists of representatives from all independent political parties.

6.12           Conclusion

The sad election experiences repeated in 1995, 2000 and 2001 should be sufficient to warn all stakeholders that there would be no peace or democratic government in Ethiopia with Proclamation 111/1995. No army or federal police, however huge or well-trained, can guarantee peace, security and development in Ethiopia; the only certain guarantee is a genuinely democratic election in which there is free and fair expression of the will of the people.

A democratic electoral system has to be urgently negotiated well before May 2005,

the expected date for the next election, so that all contesting political parties,

including the ruling party, may have a level playing field to effectively organize and

prepare fairly and adequately to provide vibrant alternatives by May 2005. There is

no other route to a democratic system in the absence of a credible electoral

process and an unbiased National Election Board and election secretariat that

can ensure free and fair elections. The Governments repeated statements that

Ethiopia is not really for democracy AEUP believes that the Ethiopian people are ready to exercise their rights. Give them the freedom to prove it.

 

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