Monthly Archives: March 2013

The World Bank must stop underwriting human rights abuses in Ethiopia

by David Pred and Natalie Bugalski

A leaked World Bank report calls for an investigation into allegations that a multi-billion dollar aid program in Ethiopia is underwriting the forced relocation of hundreds of thousands of ethnic minorities to free up fertile land to lease to investors. A meeting of the Bank’s board of directors to discuss the Panel’s preliminary findings was postponed on Tuesday due to objections from the Ethiopian government. Rights groups are watching closely to see how the new Bank president, Jim Yong Kim, will deal with sensitive questions about World Bank accountability and human rights in one of its most important client states.

Anuak indigenous refugees from Gambella region who fled human rights abuses in Ethiopia submitted a complaint to the Bank’s Inspection Panel in September claiming that they had been severely harmed by the flagship international aid program for the provision of basic services in Ethiopia, which is administered and partially financed by the World Bank.

Landlocked in the Horn of Africa and beset by periodic droughts and famine, Ethiopia remains one of the poorest countries in the world.  International relief and food assistance is still needed to feed between 10 and 20 percent of its roughly 85 million people.[1] Many Ethiopians, particularly rural dwellers, lack access to basic services, including water, sanitation and basic health facilities.

Since the ousting of the Soviet-backed “Derg” military regime in 1991, the Government of Ethiopia, led by the Ethiopian People’s Revolutionary Democratic Front (EPRDF), has implemented a vast program of economic recovery and reform meant to address the dire poverty and enormous social and economic needs of the population.

The government and its development partners claim impressive strides towards meeting the United Nations Millennium Development Goals (MDGs) and significant progress in key human development indicators over the past two decades, including a quadrupling in primary school enrollments, halving of child mortality, and a doubling of the number of people with access to clean water.[2]

Yet, in parallel to its economic reform agenda the government has become increasingly oppressive and intolerant of criticism and dissent.  As Human Rights Watch has reported, the government has “severely restricted the rights of expression and association, arbitrarily detained political opponents, intimidated journalists, shuttered media outlets, and made independent human rights and election monitoring practically impossible.”[3]

These human rights abuses are rarely openly acknowledged by the bilateral and multilateral donors to Ethiopia.  Ethiopia is one of the world’s largest recipients of foreign aid, receiving approximately US$3 billion in funds annually from external donors, including the World Bank, the United States, Canada, the United Kingdom, the European Commission, Germany and the Netherlands.[4]

Largely turning a blind eye to the increasingly repressive political climate, donors justify their support by both the enormity of the need and the reported inroads achieved in reducing poverty since the EPRDF came to power.[5] Ethiopia’s late Prime Minister Meles Zenawi forged close alliances with Western nations based on a common interest in combatting Islamic extremism and establishing greater stability in the volatile region.[6]

Throughout the 1990s and the early 2000s, the World Bank and other donors supported the Ethiopian Government by providing direct budget support through a series of Structural Adjustment Credits and Poverty Reduction Support Operations, in addition to several specific purpose projects. In 2004/05 direct budget support from all donors constituted approximately one third of total aid to Ethiopia,[7] placing significant aid amounts directly in government hands with minimal control and oversight, despite evidence of egregious human rights abuses being perpetrated by the government and military.[8]

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Upcoming guest posting on the World Bank and ‘villageization’ in Ethiopia

by Rhodri C. Williams

Since early last year, Human Rights Watch has kept a weather eye on Ethiopia, where land concessions in the Gambella region and agricultural development plans in the Omo valley are giving rise to allegations of violent mass-displacement of local villagers and pastoralists. HRW also reported on the role of international development assistance actors in actively or passively facilitating such patterns of displacement.

The violent and systematic nature of the displacement alleged to have taken place in Ethiopia – and the government’s invocation of development priorities as a justification for them – place the country firmly within a broader global trend. Just as the 2004 tsunami forced humanitarian advocates for the global population of internally displaced persons (IDPs) to turn their attention from conflict to natural disasters, I have argued that the effects of new trends involving large scale investment in land – the global land rush – should prompt new humanitarian and human rights scrutiny of development-induced displacement.

In Ethiopia, such scrutiny has been quick to follow HRW’s reports. In September 2012, the NGO Inclusive Development International (IDI) alleged a link between World Bank projects in Ethiopia and the Gambella ‘villageization’ program and assisted affected indigenous persons in submitting a complaint to the Bank’s Inspection Panel. Now, as reported by Helen Epstein in the NYR Blog, the Panel has forced the Bank to decide whether to act on a finding that a full investigation is warranted:

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The Human Rights Advisory Panel holds the UN in Kosovo responsible for failing to investigate forced disappearances – too little, too late?

by Massimo Moratti

In the uphill struggle to ensure the accountability of international organisations and in particular of peacekeeping missions, the recent decision in S.C. against UNMIK issued by the UNMIK Human Rights Advisory Panel (HRAP) can definitely be considered a landmark case.

The HRAP is the body tasked in 2005 with examining complaints of alleged human rights violations committed by or attributable to the United Nations Interim Administration Mission in Kosovo (UNMIK). In doing so, the Panel applies the European Convention on Human Rights (ECHR) as well as other key global Human Rights conventions, and makes non-binding recommendations to the Special Representative of the Secretary-General (SRSG) in charge of UNMIK.

UNMIK was established following the Kosovo crisis of 1999 with full legislative and executive powers for the administration of Kosovo. UNMIK was, tasked under UNSC Res 1244 with “promoting and protecting human rights in Kosovo” and it performed police and judiciary functions until 9 December 2008, when those competencies were handed over to the EU Rule of Law Mission in Kosovo (EULEX).

Disappearances in Kosovo and UNMIK’s inaction.

It is within this context that Ms. S.C. lodged her complaint. Ms. S.C. was the wife of Ah.C and mother of An.C. On the 18 July 1999 An.C and Ah.C. while working at their family business in Prizren were ordered by three uniformed Kosovo Liberation Army (KLA) members to follow them to do some work. The KLA members said they would be back within half an hour. Their bodies were recovered one year later, in August 2000, by ICTY investigators near the Prizren cemetery. It was only in 2003 that M.C., the other son of the complainant, received the bodies of his father and brother after UNMIK had issued confirmation of identity certificates.

Ms. S.C. complained on several occasions, but the investigations conducted by UNMIK led to nothing. Although the bodies were recovered in 2003, the two persons were still considered as missing in the UMNiK investigation file as late as 2007. The complainants therefore alleged a violation of procedural limb of the Article 2 of the ECHR, i.e. the right to life, as well as a violation of the Article 3 of the ECHR for the mental pain and suffering allegedly caused by the situation.

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We have met the enemy and it is We (the Peoples)

by Rhodri C. Williams

Its now twelve years since the 9-11 attacks sent the post-Cold War human rights revival into a tailspin, and two years since the outbreak of what would quickly amount to civil conflict in Syria – where 70,000 have died and millions are displaced; where the international community cannot even pay for relief, let alone intervene to stop the regime from firing scud missiles into cities it purports to be defending; where the post-Ottoman Middle Eastern political order threatens to crack into pieces, risking the worst collective foreign policy failure since Bosnia, and where the ‘responsibility to protect’ doctrine has met an untimely and inglorious end .

So you might think we would all be pretty inured to a nip of salt with our humanitarianism these days. Not so, it seems. Its been a particularly bad run recently for those who still reflexively think the UN is part of the solution (hey, I’m with you) despite all better advice. I’m not quite sure where to start. Perhaps with the UN decision two weeks ago to assert diplomatic immunity for having failed to take measures to ensure that its peacekeepers’ latrines avoided triggering a devastating outbreak of cholera in Haiti. Particularly rich, as the Economist points out, coming on the same day as the UN pilloried Haiti for failing to hold its former dictator ‘Baby Doc’ Duvalier accountable for his crimes.

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The fog of war crimes prosecution – the ICTY Appeals Chamber acquits Perišić

by Rhodri C. Williams

The Appeals Chamber of the ICTY continued its run of high-profile acquittals yesterday, rejecting all the charges against former chief of staff of the Yugoslav Army (Vojska Jugoslavije or VJ) Momčilo Perišić. The real shock in this series came early, with the highly controversial and bitterly split decision releasing Croatian Generals Ante Gotovina and Mladen Markač last November. Two weeks later, the blogosphere took the acquittal of Kosovo Albanian former fighters Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj somewhat more in stride. Here, the case against the accused was known to be shakier and the Chamber managed a unified decision. 

So in some senses, the Perišić decision seems to establish a pattern. The Appeals Chamber appears to be applying a stricter level of scrutiny than anyone initially expected, and cases seen as relatively strong must therefore fall along with the shaky ones. Perišić appears to have been somewhere in the middle. As BBC notes, the Trial Chamber had sentenced Perišić to hard time – 27 years – for having knowingly supported Serb forces in Bosnia that carried out crimes against civilians in Sarajevo and Srebrenica. On the other hand, Perišić had already been acquitted of any direct involvement in crimes such as the Srebrenica massacre, and the remaining ‘aiding and abetting’ charges proved easy for the Appeals Chamber to unpick.

This is not to say that some legal controversy is excluded. In this case, the Appeal Chamber’s decision was not unanimous, and the lone dissenter, Judge Liu, asserts that the majority effectively raised the bar in a manner that “risks undermining the very purpose of aiding and abetting liability by allowing those responsible for knowingly facilitating the most grievous crimes to evade responsibility for their acts” (para. 3). However, whatever legal debates will arise from the relatively pithy 50 page decision in Perišić, a great deal of speculation will continue to focus on what remains unsaid. In discussing the earlier Haradinaj decision, I tried to get at what I considered to be some serious non-legal concerns about the ICTY legacy:

… the Tribunal’s jurisprudence remains not only relevant to the development of broader international criminal law, but also – for better or for worse – to both the consolidation and destabilization of national narratives in countries forged in wars now fought an entire generation ago. For those who did not experience these wars but whose political reality remains shaped by them, the Court’s decisions on individual responsibility for past crimes are likely to be taken as evidence of collective vindication or collective stigmatization, raising a real risk that the legacy of the ICTY may be to perpetuate rather than lay to rest wartime animosities.

In discussing these issues, it is crucial not to fall into an unquestioning reliance on the same ethnic stereotypes and tropes that fuelled the war. Dunja Melcic provided a useful reminder on this point in her recent discussion on Greater Surbiton of the popular and media reception of the Gotovina judgment:

‘The Serbs’ didn’t perpetrate any act of genocide and there is no formulation in the Court’s documents that would justify such reckless language. A war-crimes tribunal should be the place where this supercilious ethnicistic treatment of the conflict and the war finds its end. What counts at the Court, is the crime and not the nationality of the accused.

It is nevertheless impossible to ignore the fact that the Court has become enmeshed between two opposing Yugoslav ethno-nationalist theses, either of which would gravely undermine the credibility of the Court if they could be proven, and – crucially – both of which are incompatible with the fundamental idea of the Court as an impartial judicial actor without political motives.

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