Tuesday, February 14, 2012

ኢትዮጵያ የ ዚምባቢዌን አየነት የመሬት ይዞታ ስህተት አየደገምቸ ነው?

by Chido Makunike

 


Is Ethiopia repeating Zimbabwe’s colonial-era land tenure mistakes?


Ethiopia seems to feature more than any other African country in the charges of accommodating large land deals or land ‘grabs’ (choose depending on your bias) by foreign farming investors.

There is controversy about almost every aspect of them. Are the terms of the deals not too much in favor of the investors? What are those terms exactly? Will the host countries benefit much from them, or will they mostly be another type of resource plunder? How can Africa’s mostly communal land tenure systems be made compatible with commercial land leasing and ownership systems? Does the big new role of foreigners in answering that long outstanding question not create resentment and foster resistance to these deals?

Controversial as the deals may be, is it not necessary and unavoidable that at least some communal land gives way to high-intensity commercial use of one type or another? Has this not happened everywhere else in the course of ‘development?’ In respecting traditional communal land tenure indefinitely, would governments not actually be condemning many of their most vulnerable citizens to perpetual poverty, given declining soil fertility, increasing population pressures, climate unpredictability and so on; all factors that increasingly threaten the viability of rural life?

But then again, in countries where many have little else on which to sustain themselves except subsistence farming, is removing rural communities from their lands and livelihoods, no matter how basic, to make way for commercial farming not condemning them to an even more uncertain fate in new, unfamiliar territory?

These are just a few of the questions that face nearly all African countries, even those not currently in the news for ‘land grabs.’ These are issues that long preceded the current wave of land deals. None of the range of answers is as easy or straightforward as either supporters or opponents of the current deals would suggest.

Governments, investors and many others in between have often taken very simplistic positions on the land deals that leave out many of the complicated nuances. Media and various non-government organizations with their own rigid ideological or commercial interests at stake in supporting or opposing the land deals have only added to the confusion.

In making aggressive moves to develop a commercial agriculture sector, in many ways Ethiopia is going where Zimbabwe has been.

In certain media, any mention of Zimbabwe must automatically go hand in hand with phrases such as ‘Mugabe’s land grabs’ and the country ‘went from regional farming breadbasket to basket case.’ The idea is to emphasize the recent disruption of a system of title deeds-based farmland tenure that was long taken for granted, and a sophisticated, thriving commercial farming sector that was widely admired. ‘Mugabe’s land grabs’ from white farmers from about the year 2000 changed much of this. The country experienced several years of economic decline which it only arrested a few years ago, and is still  battling to rise from.

As successful as the ‘breadbasket’ was, the considerable emotion that events in Zimbabwe elicit in a surprising number of people even far removed, means that there is little interest in going back a little in history to see the roots of the eventual dismantling of the land tenure system that gave rise to it. How did that commercial, Western-style farmland tenure system come about?

It came about in ways somewhat similar to what is being alleged the present Ethiopian government is doing in displacing rural communities to make way for foreign farm investors.

From the early 1900s, white settlers in the then Rhodesia were given by the colonial governments huge parcels of land from which Africans had been uprooted. The ‘villagization’ that the Ethiopian government is said/accused to be embarking on today sounds vaguely similar to the ‘tribal trust lands’ to which Africans were forcibly moved by colonial governments from the early days of Rhodesia.

In both cases, the main reason was to give prime land to the favored elite of the time, whether white settlers then in Rhodesia or investors in Ethiopia today. However, incidental benefits for the displaced communities were also cited as reasons why the land grabs would also benefit the dispossessed. In Rhodesia, it was said that the concentration of once widely scattered communities into fewer, smaller areas would make it easier for the colonial government to provide them various services, such as agricultural extension, schools and so on. In Ethiopia today, relocations which critics say are forced and violent, but which the government insists are voluntary, are explained as being to better enable access to schools, clinics and other basic social services.

Few of Rhodesia’s early white settlers had any farming experience at the time of getting land which had been grabbed from Africans. Many were rewarded with land for their role in African conquest, and some as thanks from then colonial power Britain for their service in Europe’s early 20thcentury civil wars.

Title deeds-based land tenure on the grabbed land replaced the traditional communal tenure system of the dispossessed Africans. It was on this grabbed land that successive colonial governments supported the new land holders to develop into the impressive commercial farming sector that powered Rhodesia’s economy, and later Zimbabwe’s.

From a distance and from outside, and for a while even in the country itself, all that appeared on the surface was the farming and economic success. Below the surface, the sense of  grievance on which these successes were built was muted as long as the Africans enjoyed some of its crumbs, as farms workers or in the many downstream industries that resulted. But it never went away. It might have appeared as ancient history and finished colonial business for the then well-established descendants of the original white settlers, but it was a quietly present and continuing ‘issue’ for many Africans. The period from the colonial land grabs of the early 1900s to independence in 1980 was short enough that there were still many people alive who had personal memory of how they were chased from family lands, their cattle expropriated; forced labor and various new taxes forced on them. These stories were passed on from generation to generation in every African family.

The sense of African grievance that continued to fester over the land issue meant that all recognized the need for some type of land reform after 1980. One reason mostly polite discussion dragged on about the issue was the difficulty of how to raise the money to compensate the white land owners for any ceding of land to Africans they might agree to. In other words, the title deeds they held on land that had been grabbed from Africans several decades before were by most people seen as inviolate.

There was no talk, or very little, of invalidating the land deeds of black-ruled Zimbabwe because the land had been grabbed from Africans several decades before. It was sort of accepted that land reform negotiations would start on the basis and from the starting point of the colonial, title-based land tenure system, not the traditional African communal system that existed before that.                    

One of the reasons that ‘Mugabe’s land grabs’ have been so controversial, even emotional for many people, including those not directly involved, is that he invoked not the colonial title deed as the basis for land ownership legitimacy, but the land ownership rights of Africans before that; the ones that were grabbed from those Africans by the colonial governments. This was a very new post-colonial precedent that worries and outrages many people for all sorts of reasons not necessary to get into for the purpose of the present discussion.

Zimbabweans of all types were proud of their relatively developed, diversified economy and the ‘breadbasket’ commercial farming sector that underpinned it. All Zimbabweans suffered from the economic crisis that followed the recent land ‘re-grabs’ that were not well thought out. But it is interesting and important to note that there wasn’t/isn’t any  significant African sentiment for those land re-grabs to be reversed. Most Zimbabweans  want the land reform process and commercial agriculture fixed, but probably very few would advocate for the status quo to go back to the system of title deeds that originate in the area of colonial land grabbing.

If the old system of title deeds-based security of tenure is deemed illegitimate on the basis that they were issued on grabbed land, how is a new system of security of tenure to be built to give people the incentive to invest in land and ‘commercial’ farming again? Once today’s communal land has become a fully tradable commodity, how do poor rural farmers gain access to land and avoid being further marginalized by the few who can afford to buy it and acquire title deeds?  Despite the increasingly apparent problems plaguing it, is Africa’s communal land tenure system really outdated and to be discarded, or does it still serve useful functions that no other system can fully do? Could the traditional communal system and a new title-based system co-exist in the same area?

There are many answers proffered, but none that are universally accepted or that address all the related historical, legal, cultural, political and economic issues easily. 

It is easy to see the mess that this presents. For example, suppose you were a white farmer with a title deed in 2000 that lost his farm to the recent most recent ‘land grab.‘ What about if you had not inherited the land from an early 1900s British settler ancestor, but had bought it from the son or grandson of such a settler? Is ‘Mugabe’s land grab’ not clearly, obviously illegal and unfair to such a title holder? But what about if you were an African farm laborer on that same land, whose grandfather had been the early 1900s land holder from whom the land had been grabbed by the colonial government. It was then given, with title deed, to the white settler whose progeny then eventually sold the land and its title deed to today’s white farmer of my example.

Whose ‘ownership’ and whose ‘justice’ should prevail, and why?

If the colonial land tenure system was widely seen as unjust and illegitimate, clearly it is no longer possible or desirable to go back to the pre-colonial communal system, at least not on what had become ‘commercial’ farms. The people and times have largely changed. The need for that land to remain ‘commercially’ useful is recognized by all. Having demolished the system that existed for decades for its political/historical incorrectness, how do you build a new one that is politically correct while also giving land holders the room and incentive to invest and be productive? It is very far from straightforward.

To get back to today’s Ethiopian ‘land grabs,’ what is or isn’t happening in that country is from a distance very murky. It is almost impossible to accurately gauge the objectivity of the reports of those who slam or support the new land deals.

However, part of the lesson of Zimbabwe is that particularly in mostly agrarian societies, perceived ‘land grabs’ can set up a multiplicity of new problems decades after it appears they have been accepted as irreversible. Regardless of what impressive modern edifice is built upon land that there is majority consensus was unfairly ‘grabbed,’ especially in favor of ‘outsiders,’ there for a very long time will remain the explosive potential for conflict. All it needs is some small spark to set it off. 

Leading Indian agro-investor in Ethiopia, rose grower/exporter Karuturi Global, has been perhaps the most prominent beneficiary of what many people say are the government’s ‘land grabs ’ from its citizens.

Sai Ramakrishna Karuturi, the company’s founder, dismisses the attacks. In a recent interview, he gave some of his perspectives on land and farming in his host country.

”Land is an emotive and contentious issue. Of the 300 million hectares of land we have, only one-third is arable. Africa is better in terms of productivity, costs, taxes, duty-free access to European markets because of their least developed country status. A rose from India, when it lands in Europe, will cost about 14 euro cents and it will be about 30% less from East Africa,“ said Karuturi.

Clearly he is a bold entrepreneur, and no doubt that alone rubs some people the wrong way. As he repeatedly points out, his company is doing nothing without the approval of the Ethiopian government. But if the investment is seen by many Ethiopians as being because of a closeness to the sitting government rather than as being of benefit to the country, Karuturi is inevitably breeding long-term local resentment in addition to roses.
As seen in Zimbabwe, the ‘security of tenure’ and economic success that is built on the mistreatment of the local people may not be as secure as it seems, even if the comeuppance is many decades later. If the political situation suddenly changes, land tenure based on a perceived crony relationship with the previous ruling political dispensation will be one of the first reforms to be conducted.  

Karuturi has also been quoted as scoffing that many of the attacks on his and others’ land investments in Ethiopia and other African countries is by Western critics who have yet to come to terms with how China and India are displacing the West in many areas of engagement in Africa. While this cannot be dismissed entirely, Karuturi is ironically also making some of the same colonial - style moves that created long-standing resentment not only in Africa, but in his country India as well.

For example, it is quite likely that even for Ethiopians who basically support the investment thrust of their government and welcome the contributions of companies like Karuturi, the company’s widely publicized plan to bring in thousands of Indian tenant farmers to its Ethiopian holdings will be seen as a step too far. It suggests thinking and attitudes that are amazingly reminiscent of the origins of the complicated mix of land-related problems that plague Zimbabwe today.

In the land grabs from Africans of a century ago, the colonial governments obviously did not need to worry about the ‘public opinion’ of the dispossessed, disgruntled Africans. Today, no matter how autocratic a government may be, it is neither advisable nor entirely possible to ignore public sentiment. From a distance, in this regard the Ethiopian government seems to have contributed to the negative perception of the current land deals/grabs by poorly explaining them, and riding roughshod over critics. For both investors and host governments, these too are issues that may have an expensive belated political cost.

Zimbabwe is just one and perhaps the best known, most notorious example of the explosive potential of long unresolved land issues that Ethiopia could learn some lessons from on what to do and what not to do as it seeks to develop and ‘modernize’ its agriculture. It will be fascinating to watch how Ethiopia tackles the clash of land-related issues that have defied easy solution in many other African countries.


Saturday, February 11, 2012

News Brief

By ION and agencies 
11-2-2012

* DBE to lend to foreign companies : The Development Bank of Ethiopia will use part of the funds collected for the Great Renaissance Dam to make loans to foreign companies.

* USA already looks to post- Meles : Some Ethiopian opponents are convinced that the United States may have already begun to discuss the succession of Prime Minister Meles Zenawi.

* Flee of Ethiopian soldiers to Somaliland worries Ethiopia: This week the President of Somaliland went to Addis Ababa to take part in negotiations on a bilateral treaty with Ethiopia. The Somaliland Minister for Security, Mohamed Nour Arale and his 
colleague from foreign affairs, Mohamed Abdullahi Omer, set out on a mission to Addis Ababa on 27th January, but came home on empty-handed a few days later, on the 30th. During their two days  talks with their Ethiopian counterparts, they discussed various issues of security and trade, including the delicate matter of illegal incursions into Somaliland of armed men wearing Ethiopian uniforms. But the Ethiopian authorities categorically refused to sign any kind of bilateral agreement with Hargeisa without the presence in Addis Ababa of Somaliland President Ahmed Mohamed Mahamoud known as Silanyo. The two ministers therefore returned to Hargeisa on January 30, to convey this strong Ethiopian message to their President.
A week later, on February 6, Silanyo flew in turn to Addis Ababa where he met Prime Minister Meles Zenawi to discuss the bilateral agreement with him. According to our sources, the Ethiopian dignitary took advantage of Silanyo’s visit to arrange a meeting with Ali Khalif Galaydh, the leader of the new Khatumo Regional State created last month in the area of Sool, Sanaag and Cayn, populated by Dolbahante and which is claimed by both Somaliland and Puntland. A politician born in Las Anod, Galaydh was Prime Minister in Mogadishu from 2000 to 2001.

* Fighting between the Borana and Gabra around Moyale town, on the border with Ethiopia, have forced more than 20,000 people across the border into Ethiopia, resulted in approximately 60 deaths and 57 injured and that 1,000 houses, health facilities, water points and schools have been vandalized or burned, with more than 5,000 families displaced and without access to shelter or basic services.
 
 


Ethiopian Rights Watch

By T, Staffer De Birhan Media
11-2-2012

My dad had an American girlfriend who was a peace corps  and had always sought that he join her and live together in USA but he always had said to her we can live here, the economy is strong, peaceful, relative democracy… apparently, their love didn't last long. Just after the 1974 "revolution", many more left their beloved nation and cravingly sought others protection. Those who hated leaving for the West, now bessech to emigrate. 

Ethiopians have been up until the fall of HIM Hailesllasie's, have been well respected and the times that their rights were transgressed once in a blue moon, readings and stories tell. Following the ascendance of the bloody Dergue to power; Ethiopia turned into ‘hell’...widespread famine gripped us, bunch of alien ideologies, policies, and thoughts gripped and killed a generation. Ethiopia's international ranking and image plummeted.   Yet now, the worst regime ever TPLF/EPRDF, which sold our one and only, Lucy, doubled our agony. 
Today, on a weekly basis over 10,000 Ethiopians emigrate through four corners of the country seeking safety (social, political and economic) and importantly freedom risking their life. In addition to the sufferings they have gone through in their home countries, the misery of Ethiopians in the Diaspora is becoming insurmountable. Aside from what is publically known in the Diaspora, our misery in the "most democratic, caring and liberal" West is also becoming extraordinarily high, these days. Some organisations, agencies, individuals in the West are working hand in glove with Ethiopian autocrats and dictators limiting and controlling our liberty, freedom and basic rights. Offering asylum and protection by advocating our rights bound by the 1951 UN Declaration on the one hand, they at the same time assist and serve the government in Ethiopia by circumventing our liberty and rights. After all they are "Governments" - we the unorganised, helpless and unofficial ones are ‘incredible and untrustworthy.’
There is a worrying story coming from Norway as the Norwegian government sealed an agreement with its Ethiopian counterpart to finally deport over 400 Ethiopians whose asylum requests have been unsuccessful. This is worrying trend. How can a Nation that is proudly known for its value of human rights and peace be brave enough to deport Ethiopians- most are  active politicians- to Ethiopia, that has recently jailed over 160 politicians and journalists including two Swedish journalists? What about the 35 Ethiopians in Saudi Arabia?
It is not limited to them, Ethiopians in the West including most of us are today being disrespected, mistreated and at times abused just because we come from a poor country, oppose (critique) TPLF/EPRDF and have a regime that doesn't fight for the rights of its citizens. Some of these institutional perpetrators of these acts have got some form of linkage or interest with the Ethiopian regime in some way or the other while the rest are racially orientated. The writer of this article experientially knows this first hand. Especially, if one is seen as a potential critique and capable of being an arduous critic, the suppression and en suite control becomes far above the ground.

Recommendation
The sphere of influence of the Ethiopian regime is now well consolidated in the Diaspora as well. It has been reported over a year ago on Ethiopian media in the Diaspora that the Ethiopian regime has been sending its recruits to specifically follow, control and manage potential Ethiopian journalists, opposition, critics and politicians who live in the Diaspora. Evidently, the sphere of influence is reaching us thousands of miles away. Finding justice even in the most democratic nations, mainly being an opposition, media critic of the Ethiopian regime is seemingly being as hard as cracking a nut.
This needs an immediate solution. We need self actualised Ethiopians for instance to establish a new rights organisation. 
Dr. Fisseha Eshetu announced an icebreaker initiative by shading an exemplary light for most accomplished Ethiopians what it means to be a human being and importantly a real Ethiopian. Obang Metho's SMNE is a good exmaple to model for instance. We can call the organisation “Ethiopian Rights Watch” (ERW). The mission of the ERW will be to fight, stand and advocate the rights of Ethiopians in the Diaspora (then at home) drawing its funds from members and philanthropies. It will provide legal, financial, immigration, social, psychological and informational support and representation to Ethiopians who have left their country and are in need of urgent help.  The abuse by our employers, courts, police, and foreigners who work with the Ethiopian regime can only be mitigated when we establish such an independent NGO that supports Ethiopians living outside their country. Had we one organisation so far, the miseries of our sisters in the Middle East, the injustice, abuse and control of us in the West would have been deterred or at least mitigated. Who is courageous and fast enough to implement ERW? I will be the first to support.







Wednesday, February 8, 2012

Dr. Fisseha Eshetu leaves Ethiopia, moves to politics

By T, Staffer of De Birhan Media
08-2-2012

Dr. Fisseha Eshetu

Dr. Fisseha Eshetu, founder and former owner of Ethiopia's first private college, Unity College now Unity University, has left Ethiopia. He is working to establish the Ethiopian National Transition Council (ENTC). Dr. Fisseha said he is working full time on this new initative.
In his interview with  ESAT Radio, Dr. Fisseha said he was working to establsih Pan African Union Women's  University but curtailed by Azeb Mesfin. He also mentioned of over 10 entrepernura;al  proposals that he set out to start but all to no avail due to  the  governement's letdown. He said the  Ethiopian National Transitional Council is mixed of professionals living in the Diaspora; it will bring all stakeholders together.  

According to  ENTC's Website "Ethiopian National Transition Council (ENTC) is a unity council that plans to mobilize all Ethiopians in every corner of the world to rise up and overthrow the current tyrant regime in Ethiopia and reclaim their dignity and their God given rights for peace and prosperity of their country and to successfully build and hand over a pound nation to the next generation. "

ENTC is an all-inclusive collaboration platform that invites all Ethiopians from all walks of life, having ideological, religious, political, ethnic, educational and socio-economic differences and inclinations, to join hands and take control of their destiny and the destiny of their children. ENTC strongly believes that every Ethiopian is needed for the creation of a new Ethiopia. The new Ethiopia will be a place where all its citizens will enjoy the fruits of complete democracy, freedom of religion, speech, equality, liberty, rights to due process and trial, rights to own property, cultural and educational rights, rights against exploitation, and the rights to constitutional remedies, it adds. 

" The current situation is a ticking bomb for a sudden uprising like the Arab spring, where in this diverse country, it will be difficult to contain the upcoming vacuum, which will ultimately plunge the whole nation into an unstoppable chaos. " Dr. Fisseha's ENTC says in its pubic statment. 

The mission of ENTC is to bring all Ethiopians and other stakeholders together under a united institutional coordination and collaboration framework to bring about the down fall of the current regime and transform Ethiopia into democratic and prosperous state. "Therefore, ENTC is established to facilitate the process of collaboration, consensus building, networking, information dissemination and joint action to channel all efforts in one direction that are strongly needed to bring the downfall of the current regime in a relatively short period of time in a measured, planned and managed process ushering in an era of complete democratization, peace and prosperity. " ENTC's statment concludes.

ENTC has organised a planned ‘Post Meles New Ethiopia’  Confrerence for April 27 – 29, 2012 in Washington, DC, USA  where delegates from Ethiopian community organizations from all cities in USA and other countries around the world, Ethiopian political parties, youth movements, civil activism movements, human right organizations, professionals, religious organizations and others who are interested will participate.    

The primary outcome will be the launching of New Ethiopia Charter, the adoption of New Ethiopia Human Rights Declaration, development and adoption of civil activism strategies, the endorsement of transition roadmap and action plan, and the endorsement of the New Ethiopia development strategy, ENTC states.


The young pioneer of private higher education in Ethiopia, Fisseha had also been highly involved in the private media  sector establishing the first private Amharic Daily newspaper, Eletawi Addis and a 20-minute FM radio time slot, "The voice of unity".    Dr. Fiseha also established Reliance Africa  which published the My Fashion magazine, the first cross cutting Ethiopian fasihon magazine, the ABBI Weekly, ABBI Sport, ABBI Vacancy and ABBI Auction newspapers. Thirteen of the 14 journalists of ABBI Weekly were arrested for one day for publishing after the Ministry of Trade and Industry had revoked the  company's license. According to sources, were it not for the discouraging responses that he got from the Ethiopian regime, Dr. Fisseha had the plan of launching a Pan African Media under Reliance Africa.   
  
Dr. Fisseha Eshetu, received a "Global Young Entrepreneur" award at the 7th World Summit of Young Entrepreneurs in 2000.  Unity University was bought by Sheikh Alamoudi’s MIDROC for 66million birr on November 21, 2008 becoming the 16th MIDROC Ethiopia sister company. 
Watch his interview here :

Tuesday, February 7, 2012

Restorative Justice in the “new democratic Ethiopia”


By T, Staffer of De Birhan Media
07-02-2012

Ethiopia has had a troubled past and is having an agonising one today. Most of these agonies had been economical but according to this writer they originated from political corruption and bad governance. A particularly worrisome part of our history and future is the prevailing ethnic tension. Ethnic tensions mostly have historical premises but also administrative and power. Except some countries that have a homogenous culture and ethnic group, most nations have gone through the ups and downs of ethnic, liberation, intra-colonial tensions and squabbles. Some disintegrated; others seceded, had genocide and others lived in a fake unity. Discussions on the future of “new democratic Ethiopia”, that we all strive to create and see from a reconciliatory point of view is necessary as mending a tensioned and conflict ridden nation and putting it back on the track of development requires some form of conflict resolution and revival methodology; restorative justice as such is one of these approaches.

What is Restorative justice?

Fisher (2000) states conflict occurs between people in all kinds of human relationships and in all social settings. Conflict by itself is neither good nor bad. However, the manner in which conflict is handled determines whether it is constructive or destructive (Deutsch & Coleman, 2000). Conflict is defined as an incompatibility of goals or values between two or more parties in a relationship, combined with attempts to control each other and antagonistic feelings toward each other (Fisher, 1990). Conflict has the potential for either a great deal of destruction or much creativity and positive social change (Kriesberg, 1998). Tension ends up in conflict.
Conflict can result in destructive outcomes or creative ones depending on the approach that is taken. If we can manage conflict creatively, we can often find new solutions that are mutually satisfactory to both parties. Sometimes this will involve a distribution of resources or power that is more equitable than before, or in creating a larger pool of resources or forms of influence than before. Creative outcomes are more probable when the parties are interdependent, i.e., each having some degree of independence and autonomy from which to influence the other, rather than one party being primarily dependent on the other. The win-lose, lose-lose strategy and win-win approaches are the most commonly used approaches to conflict resolution. Van Ness (2006) states that the philosophy of restoration is deeply informed by the peacemaking approach to conflict. The popularly known Western model of criminalization is retributive justice; punishing the offenders. The presence of crime from smaller property crimes to public order and violent crimes is an impediment to human freedom and development. Most jurisdictions use four types of justice systems in criminalization: distributive, procedural, restorative and retributive justice.


 Restorative Practices Typology

The conceptual foundation of the Restorative justice is made up of three principles: 1) identify and take steps to repair harm, 2) Invite all stakeholders, and 3) Seek transformation. McElrea’s 2004 paper entitled, The Key Values of Restorative Justice puts out key values which distinguish restorative justice from other, more adversarial approaches to justice and conflict resolution these are: Participation, respect, honesty, humility, interconnectedness, accountability, empowerment and hope. Reconciliation targets just that as well.  Restorative justice practices are being incorporated into institutional practices throughout Australia, New Zealand, the United States and Canada and the United Kingdom. Restorative justice in much of its senses is a traditionally emanating justice system than being modern or formal. Modern justice system although still based on ancient traditional and spiritual benchmarks, much of its punitive part is the result of modern (formal) and non traditional policies, amendments and stipulations.
Internationally this definition of restorative justice is most used: Restorative Justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future.

As can be understood from the definition, restorative justice as the name suggests is not solely a method of criminalisation but also a social process of reconciling parties or finding a win win solution to their grievances and also crime.  

Restorative Justice in Africa

Africa, being the origin of humanity and other worldly phenomena, is considered by a good number of researchers, as the emerging place of restorative justice (informal) and critical analysis of literatures by De Birhan Media suggest that restorative justice can work in the African context. The Ghanaian/African philosopher Kwame Gyeke describes a concept of “moderate communitarianism” within African societies that understands the development of a self as a moral process in which the individual is shaped by the community in which he or she grows up. The virtues and values of moderate communitarianism suggest an approach to “justice” that is community rather than rule-driven. Gyekye contrasts the communitarian worldview with Western views of justice as “rights.” Similar themes regarding an African notion of “justice” have emerged from the South African experience with the Truth and Reconciliation Commission (TRC), which attempted to purge the legacy of suffering by confrontation, acknowledgement and admission rather than forced confessions and punishment. Notable among these neo-traditional community-based responses to promoting reconciliation are the Gacaca system in Rwanda and the Acholi culture, values and institutions, known as Mato Oput in Northern Uganda (Oduro, 2007). Desmond Tutu’s South African Ubuntu is the other. The Ethiopian Oromo ethnic Gadaa System and highlanders tree-round court systems have been commended for their restorative justice characteristics as well. For example, the reconciliation process of mato oput, an Acholi tradition in northern Uganda, and the Ubushingantahe in Burundi, uniquely achieve justice and healing of the concerned parties in a way that a formal justice system cannot. These methods of restorative justice emphasize community-building and the need to reconcile an entire society after conflict. In Burundi, the collaboration and initiative taken by Hutu and Tutsi youth has served as an innovative community-level approach to rebuilding relationships amongst the people of the two tribes.
Julie Macfarlane’s (2007) work on restorative justice in Ethiopia tells why the informal system of justice continues to be so important in the main land of Africa and least developed nations. She says “The Ethiopian Minister of Justice, Asefa Kesito, described the criminal justice system as highly inefficient because it takes second place to informal systems in many parts of the country. He stated many rural and village communities do not refer complaints to the police or prosecuting authorities, but instead deal with them using traditional tribal processes. Even where the State brings forward a prosecution and the matter eventually reaches trial, the current conviction rate is less than twenty percent.”   According to a recent working paper of the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) restorative justice can enliven rights as active cultural accomplishments when rights talk cascades down from the law into community justice. A peaceful, reconciled, safe country can enjoy the fruits of its economic development sooner than a country of the vice versa nature.

Conclusion

As has been described in the introduction part, Ethiopia with over 70 of its ethnic groups, cultures, history and political opinions, could sit at the prime of a nation in tension –conflict. The major ethno-political tensions have been the then Asmara and Addis Abeba, Oromo ethnic “elites” versus “Abyssinians” as some scholars and politicians of the Oromo ethnic elites love to call Ethiopian highlanders mainly Amara and Tigre, and mainly today between Tigre lead ethnic rule versus the Ethiopian mass. The last tension, however many of us attempt to cool it down and cover it up, is a real and boiling tension. The conflict between the two already exists. Unlike the tension and conflict of the former cases on the virtual world, the tension of the later is practically on the ground.  In today’s Ethiopia there is no governmental office from the policy level to the Kebele districts that doesn’t have a Tigrean ethnic official within it. Same is with the military, security, economy and politics. Members of one ethnic group ‘own the nation, abuse power and dictate everyday life’.
The frustration and repugnance of Addis Abeban’s especially at the superiority, dictatorship and racism of autocrats of the ruling party ethnic members has reached its peak. School children are brainwashed with the superiority of one ethnic group. This tension could breed out retributive vengeance. For this not to happen, the carpets for restorative justice should be laid by those of us who wish and work for a “democratic new Ethiopia”. Post Tigean People’s Liberation Front (TPLF) Ethiopia ought to be one that is:

Problem solving than blame fixing
Future focusing than past emphasising
commonalities searching than differences
 social injuries repairing than harming more
Victims’ sufferings acknowledging 
Offenders are viewed holistically
Based on the voluntary cooperation of parties than force to reconcile

As Howard Zehr, considered by many as father of restorative justice says this "alternative justice paradigm", should be applied in our future criminalisation  not to kill and decimate the souls and spirits of Ethiopians.  Our differences with our brothers and sisters in Eritrea could even be solved for a possible confederation via the use of restorative justice. History originated ethnic divisions, differences and indoctrinations could also be solved once and for all via restorative justice. Bear the social and national idea and aspect on restorative justice in your mind always. 

References

Deutsch, M. and Coleman, P., 2000, the handbook of conflict resolution: Theory and practice. San Francisco: Jossey-Bass
Fisher, R.J., 1990, the social psychology of intergroup and international conflict resolution. New York: Springer-Verlag 
Kriesberg, L., 1998, Constructive conflict: From escalation to resolution.
Kwame G. 1995, Aspects of African Communitarian Thought, the
Responsive Community: Rights and Responsibilities
Oduro, F., 2007, a Review of the Literature on Reconciliation, IDRC,
Canada
Van Ness D, 2006, RJ City: Phase 1, Centre for Justice & Reconciliation

Sunday, February 5, 2012

Ermias Amelga banned from Banking, why?

By T, Staffer of De Birhan Media 
05 Feb. 2012

Ermias Amelga
The National Bank of Ethiopia (NBE) has notified Ermyas Amelga, founding shareholder and former board chairman of Zemen Bank— the only one-branch bank in Ethiopia— that he was banned from holding a position in any bank for an unspecified period of time, The Reporter Newspaper Reported. The letter, which Ermyas received on Tuesday, however, did not state the reasons and the details of the case that led to the decision. 
Last year Ermias and Tekle Aleminh, board director of Zemen bank were banned for what the NBE called "banking irregularities". However, Ermias was re-elected by shareholders. US educated and experienced young entrepreneur, Ermias Amelga has been able to establish some of the most innovative and profitable businesses in Ethiopia. His first soft drink company lost its business due to a newspaper article that negatively affected the business.  Highland Springs, Ethiopia’s first bottled water company was foreclosure under the Ethiopian Revenue and Customs Authority (ERCA) due to an excise tax dispute on the order of 30 million Br and it finally closed down. It was his major creative outcome. Access Capital and Real Estate are both his brain children too. He is one of the resilient ex-pats in Addis who struggled through the bureaucratic and political business environment of Ethiopia to make their creative ventures blossom. His idea of forming a money market in Ethiopia, Ethiopian Share Dealing Group is one of the many innovative projects that he had but were unsuccessful due to the autocratic regime that denied him permission to realise them. 
Neither Access Capital Homes nor its subsidiary, Access Real Estate, leased any plot directly from the City Government. It rather bought land from private landlords, this has reportedly caused it to be marked by the regime. 
Importantly, Ermias has introduced one of the "untouchable" practices in the banking industry through Zemen Bank; such as lending based on the viability of projects (away from traditional collateral based loans) and a commercial bank operating with a one branch concept but relying on much technology. Mainly the issue of advancing loans without collateralizing assets put him into loggerheads with many while it opportune many who were "helpless". 
---
Having talked of all his positives above, now let's read some of his "deficiencies" that one insider of the Chain businesses has leaked to De Birhan
Masterly the cause of the ban is the suspicion that Ermias might have siphoned off some money from the Bank to Access Capital and the Real Estates. There is probably a political tone too. He had never implemented 20 percent of what he promised when he collected money from the public offering shares in Access CapitalTo mention few: Access Car Assembly, two cars displayed at the Sheraton for Access' annual meeting promising to sell additional share but soon the Chinese company which was supposed to work with them started the business with another company. This shows his interest of starting many, finishing none. Access Gold Mining (in fact he bought digging dozer for over a million birr without even concluding an agreement with the landholders).

Access Coal Mining (he also changed his mind one morning after spending over two years on the project  huge sum of money. Access Resort Hotel - unimplemented (he also said we bought Imperial Hotel...but still the hotel has been  closed for one year because of lack of finance of renovating it. I heard that he is trying to access finance from PTA Bank of Africa now.  He seems to be interested in real estate, selling pictures of apartments and villas, but never gave a single house for the people who paid for the house he promised around Megenagna area. He dives into projects with "passion" before completing another. He collects money with promises and seems to have been into using his power at the Bank to Finance the projects sometimes, this is reportedly what the Bank said was its reason to ban him. They consider it as an irregularity. The government considers him to have been involved in "land grabbing" in the city, he bought around 30 plots in Addis Ababa for real estate. Top professionals at the Bank and Access Capital VPs have resigned because of his irrational move and unnecessary intervention into their mandates. When it comes to the Bank, his wing is in real battle with another wing led by Eskindir Joseph (shareholder of both the Bank and Access capital, Access real estate). The later also wants to use the Bank to finance his real estate apartment projects copying  Ermias. 

Most consider the ban on Ermias to have got a political premises. The regime considers him a neoliberal. Now that many Share Companies have boomed in the country and many shareholders are complaining about deception, lack of transparency, wrong promises and irregularities, it calls for a stronger regulatory body. However, when business is politicised it becomes less viable and discouraging. It is also prudent not to discourage and despair one in a million entrepreneurial young Ethiopians like Ermias Amelga.  

Related Posts Plugin for WordPress, Blogger...