AFAR DIASPORA NETWORK

Transcription

1 AFAR DIASPORA NETWORK HIS EXCELLENCY, The R. H. Hailemariam DESALEGN The Prime Minister of the Federal Date: 28/08/2014 Democratic Republic Of Ethiopia Our ref: AND/008/14 DEAR MR. P.M. Hailemariam DESALEGN Sub: Afar-Issa-Somali Conflict We, Afar Diaspora Network, represent all Afar Diaspora Organisations around the world and we wish to address Your Excellency to express our profound regret and grave concern for the unjustifiable political, economic, social, cultural and human rights violations suffered as a result of Issa-Somali s illegal invasion and occupation of our land and the continued unlawful mass killings committed against Afar civilians on a daily basis repeatedly, under your Government's watch in order to occupy Afar land illegally and claim it as Somali s traditional grazing land bordering the Awash River. We have repeatedly highlighted the true objectives behind the on-going and unlawful Issa- Somali conflict against the Afar that has changed its nature, content and objective from episodic clashes to control natural resources and grazing lands for livestock to systematic and deadly armed conflict based on Somali irredentist vision and the Idea of Greater Somalia, which claimed sovereignty not only over Ogaden in Ethiopia, but also claimed the Awash River as the new boundary of Greater Somalia. Recently this claim has been declared by Somali Diaspora communities around the world including representatives of the Ogaden National Liberation Front (ONLF), Issa & Gurgura Liberation Front (IGLF), Issa-Somali Diaspora Community in Australia, Issa-Somali-Djibouti Diaspora in UK, Issa-Somali Diaspora in Belgium and Issa Ugaas and Somaliland Sultan, have opted to engage themselves directly in this conflict and they have been sending out mixed messages through different websites and communication media, calling upon Somali people to mobilize against Afar people. Your Excellency, the Somali Diaspora s direct involvement in this conflict has confirmed once again what the Afars in general and the Afar Diaspora in particular has been arguing all along. We are deeply concerned about the Ethiopian Federal Government s intention to form special districts for the Issa-Somali in the Afar region without the consent of the Afar people. Any decision or Martial Law Enforcement that would legalize forming special districts for the Issa- Somali in the Afar Regional State would not only constitute as unforgivable historical political mistake, but also a deliberate and systematic Cultural, Social and Ethnic Cleansing and Genocide against the Indigenous Afar people who have been described as the "Root of Humankind" and their land as a "Birthplace of Humankind" by Archaeological Scientists and Researchers. This is prohibited by Customary International Law, the Ethiopian Constitution, the UN Genocide Convention 1948, the UN Declaration on Indigenous People s Rights 2007, the Universal Declaration of Human Rights (UDHR) 1948, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1969 and the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR). Similarly, issuing legal Afar Diaspora Network 1

2 recognition or title to the Issa-Somali settlement who have occupied Afar land by inadmissible use of force is invalid and null. It is categorically controversial to the UN Resolution 96 (I) 11/12/ 1946, European Convention on Human Rights 1950, Universal Declarations of Human Rights 1948, U N Declaration on the Rights of Indigenous Peoples, Asian Human Rights Charter 1998, African Charter on Human and Peoples Rights Adopted in Nairobi June 27, Additionally, Article 47 and Article 49 of the Geneva Convention, Article 2 (4) of the Charter (Resolution 2625 (XXV), Article 52 of the Vienna Convention 1969, on the Law of Treaties have made clear that the acquisition of territory by war is illegal and invalid. A wellestablished Principle of International Law known as Application of the Principle EX INJORIA JUS/NON ONITUR, says "that from an illegal act no legal result can arise. Therefore forming special or non-special districts for the Issa-Somali in the Afar region is against law because they have acquired and occupied these districts by inadmissible use of force. Consequently, both your proposed plan to form special districts for them and their illegal claim of Afarland is categorically rejected as unacceptable and condemnable. We, the Afar People, appeal to you and look to your wise leadership and your government to cease the deliberate elimination of Afar ethnic existence in Ethiopia by giving or forming special districts for the Issa-Somali terrorist settlements who have occupied our land by force unlawfully. We further appeal to you to recognize the lawful rights to the lands and territories the Afar have traditionally occupied since time immemorial and to recognize the right to selfdetermination; to choose and develop their own political, socio-cultural, economic and judicial system and to control their natural resources against any unsustainable activities according to the Ethiopian Constitution adopted in 1994 and the United Nations Declaration on the Rights of Indigenous Peoples, Your Excellency, we can confirm that as long as the Issa-Somali terrorist groups occupy Afar lands that they have seized by unlawful use of force, and as long as they are not forced to leave Afarland, there will be, and there can be, no peace, no security and no development in the Afar region of Ethiopia. We acknowledge that EPRDF government has made a lot of tangible efforts to find a temporary settlement between the two communities by organizing conferences and meetings between1989 and Despite of all these good efforts, the Afar-Issa-Somali failed to reach a satisfactory resolution due to Issa-Somali's inappropriate and unlawful territorial claim of Afar land arising from the Ethiopian Government's lack of decisive enforcement to end the conflict seriously. Since EPRDF took power in 1991, Issa-Somali militia forces, with the help of their regional sponsor, have expanded their physical control into the heart of the Afar land, reaching to the banks of the Awash River and the strategic highway linking Addis Ababa to the port cities of Assab and Djibouti. Under the EPRDF Government the Issa-Somali not only reconstituted Gadamaytu again, which was earlier dismantled by the Derg government, but also crossed the Awash River for the first time in history and established new towns such as Adaytu, Unda-foou and Ambuli on the Djibouti-Addis Ababa highway. Taking control of these important areas, as we have stressed several times, has remained one of the major objectives of the Republic of Somalia since its birth in We have recently learned that the Government of Ethiopia has passed down a legal decision to end the Afar and Issa-Somali conflict that has claimed the lives of thousands of innocent people, and to dismantle all illegally populated settlements in the Afar region and to return about 70km of 150km of Afarland occupied by Issa-Somali forces. If this is true, we welcome the Government's decision. We express our full and strong support and unquestionable, undivided and unconditional endorsement of the decision made by the Government which signals a desire to find an end to the Afar and Issa-Somali conflict. Afar Diaspora Network 2

3 We would like draw your attention to that fact that, since the 1940s, the Imperial Government of Haile Selassie had passed several Government orders to demarcate the boundary between the Afar and Issa-Somali at the Erer River to limit Issa-Somali encroachment into the Afar territory. e. g. On 6/2/1946, Ref.No.1317/6 by Lt Colonel Abebe Degefu, Governor of Kereyu, Adal and Issa Wereda addressed to the Minister of Interior in Addis Ababa and to Harar Governorate General stated that in order to mitigate the frequent conflict between Adal and Issa people, the following provisional solution is given from our office. [From now on] Issas are restricted from crossing Bulga, Aydora, Erer, Fa o while Adals (Afar) are prohibited to traverse from Ayroli, Asbuli, Biya ad, Merihan and Andido. On 9/5/1955 from Lt. Colonel Debebe Hailemariam, Governor of Adal, Issa and Garaguracha Awraja, says that, (Afar-Issa-Somali) they have discussed about where to locate the capital for the newly established Awraja. Lt. Colonel Debebe suggested that Erer [50 km from Dire Dawa] due to its strategic location as Erer bordering the Issa [Somali] in Northeast, the Gurguras [Somali] in Southeast, the Ittu land, Webera, Ala, Nole [Oromos] in Southwest, and in its Northwest Erer borders the Adals. Hence Erer was chosen as a best location for an easy control of all the surrounding areas. Copies of these references are already attached to the Application submitted to your Office by the Afar Regional State for your kind consideration. To maintain this boundary, the Haile Selassie government deployed hundreds of troops until The troops pulling out in 1963 precipitated the outbreak of violence, leading to further Issa expansion into Afar territories (Seyoum et al. 1999: 15-16). The border demarcation line between the Afar and Issa-Somali was located at Erer River, which indicates that the Issa-Somali s moved around kms from their historical border into deep of Afarland. This is absolutely irrefutable fact you will definitely agree with us. Your Excellency, the Erer River must serve as a permanent geographical divide or frontier between the Afar and the Issa-Somali speaking peoples in Ethiopia. We would once again like to bring your attention to the fact that, since the Independence of the Republic of Somali in 1960 and Djibouti in 1977 the Issa-Somali leadership has rejected endeavours to engage in a meaningful dialogue towards peace with the Afar and find a just solution to the conflict by breaching agreements with the Afar, even during peace talks, by committing to their unlawful encroachment into the Afar territory. This policy has lasted decades, even under your government. The following testimony references will confirm their breach of peace agreements. On 13/11/1960, Gebre Kal Debessay, Adal and Issa Wereda Police chief wrote a letter with Ref: No 2/284, addressed to Harar Governorate General Police chief, Qegnazmach Sahelu Gebre Heywo that The border limit at Erer River is constantly breached by the Issa nomads. Well-equipped Issas crossed Erer River to the westward and reached Asbuli and Ayroli. Lt. Kebede Workalemahu, Secretary of Harar Governorate General police chief also confirms Issa-Somali's breach of border limits in his letter written on 22/6/1966 Ref. No 14/65/267 addressed to the Governorate General of Harar that Issa crossed their Afar Diaspora Network 3

4 boundary and are currently positioned in a distance of only 20 km to reach Gewane and Afdam. On 10/2/1970 the Harar Intelligence Service sent a letter with Ref. No. 2448/62 to Bitwoded Zewdie Gebre Heywot, Minister of Interior, which informed the recent restructuring of administrative divisions within the Harar Governorate General, is not accepted by the Issa people. The reason is that Issas have wiped the Adals away from the historical territory and grazing lands from Erer River to Meisso and yet they have a goal to control areas up to Awash River. On 22/12/1970 Ref. No.1/485/849/48 sent by Vice Governor of Dire Dawa, Issa and Gurgura Awraja addressed to Fit. Meharene Menda Hareg, informed him about the conflict erupted on 20/6/1970 and the breach of the peace agreement by Issa. Copies of these references are attached to the Application submitted to the late Prime Minister Mr. Meles Zenawi Office, which is now yours, for his consideration to advance a just decision to end the conflict and return all occupied Afar land to the Afar people. We are also deeply and seriously concerned about the gross human right violations taking place on a daily basis in Afarland. Innocent Afars are being arbitrarily killed by Ethiopian federal police forces who are constitutionally supposed to protect them according to the rule of law. We again appeal to you to order Federal Police Forces in the Afar region to stop killing, arresting, intimidating and imprisoning innocent Afar civilians found around the main Asphalt Road between Mille and Awash Fantale districts. We to halt the ongoing cycle of mass killings and massacres and to create a lasting peace and security situation in the country, we: Demand that the Ethiopian Government dismantles and removes all unlawful settlements constructed at, Adaytu, Unda Foou and Gadamaytu (Qadaytu, Qunxa-Foqo & Gadamaytu) localities, by Issa-Somali groups linked to Al-Shabab, ONLF and IGLF terrorist Organisations existing in the Afar region, unconditionally and immediately. Demand the Ethiopian government stations Afar Police forces accountable to Afar Customary Law and the Ethiopian Constitution at all adjustment districts to the Somali Region, such as Afdam, Miesso and Erer. They would be there to defend Afarland, protect Afar civilians and their properties, and maintain law and order, peace and security in the Afar Regional State responsibly in accordance with the Article 52 Paragraph 2 (7) of the Ethiopian Constitution. Demand that Ethiopian Government return all Afar land occupied by inadmissible use of force by Issa-Somali invaders including Erer, Afdam and Miesso districts unconditionally and immediately Call upon the Federal Police Forces to stop arbitrarily killing innocent Afar found around the main Asphalt Road to graze their cattle on their grazing land and who were defending their neighbourhood from the encroachment of the Special Militia (Liyu Hayli) of the Somali Region, and Issa-Somali terrorist groups and to respect human rights and fundamental freedoms of the Afar people, and guarantee the effective legitimate exercise of such rights and freedoms, including freedoms of expression, assembly and association for peaceful purposes and freedom of thought and freedom of movement according to the rule of law. Afar Diaspora Network 4

5 Call upon the Issa-Somali illegal settlers and their terrorist armed groups to withdraw from the Afar region immediately and unconditionally and stop claiming our land as theirs or Somali's traditional grazing land and to stop war agitations and a call for mobilization against the Afar people, a campaign communicated through different media in Somali language. Condemn in the strongest terms that Somali Diaspora demonstrations held in different places against Ethiopian government and Afar people to legalize their unlawful claim of Afarland which they occupied by inadmissible use of force, and urge them not hold any further demonstration to claim Afarland illegally. Call upon Ethiopian Government to implement the decision passed down to dismantle all illegally constructed Somali settlements and return not only about 70km but all occupied Afar land by Issa-Somali armed groups and settlers illegally, including Erer, Miesso and Afdam districts. We fully support and endorse this decision by all means available to promote Ethiopian legal justice and conflict resolution. Call upon the Issa-Somali dominated Government of Djibouti to stop its financial, military and logistic support to the Issa-Somali terrorist groups who are committing to heinous crimes against Afar civilians in Ethiopia to occupy their land unlawfully. Demand that the Ethiopian government demarcates boundaries between Afar Regional and Somali Regional States at the Erer River Line defined the dividing line between the Afar and Somali lands by Emperor Haile Selassie's government in the 1940s in order to ensure the permanent safety and peace and security for both human and animals and development in both regions, and to create a lasting peace with the possibility of cooperation between the two peoples for their mutual benefits. Your Excellency, we have placed the shared confidence and hope of our people in your wise leadership to apply the relevant jurisdiction by establishing appropriate legal factors and evidences that have already submitted to the late Prime Minister Meles Zenawi's Office, which is now yours, from both communities in order to advance the implementation of a just decision based on their application merits. We look forward to receiving your kind positive respond to this correspondence. Please accept, Your Excellency, our assurances of highest consideration AFAR DIASPORA NETWORK Contact afardiaspora@yahoo.com By hand c/o: H.E. Ambassador Teshome TOGA Ethiopia s Ambassador Extraordinary and Plenipotentiary to Belgium Afar Diaspora Network 5