Embracing the facts and giving give peace a real chance.

Dr. Tesfay Aradom Boston, Dec. 31, 98

Right at the onset of the border dispute between Eritrea and Ethiopia and its subsequent escalation into a military confrontation, it became evident that the Eritrean Government and the Ethiopian government pursued two diametrically opposed paths to resolve the conflict. The latter was determined to muddy the negotiation process, blur the vision of facilitators and arbitrators and dash it into uncharted waters.

One can understand why the Ethiopian leaders resorted to prevarications. They were caught with their pants down and correctly realized that they had to provide plausible reasons to explain their preposterous behavior during the previous two years: periodic intrusions into and violations of Eritrean national borders; the dismantling of the administrative structure and forced occupation of the Eritrean town of Adi Murug in the Bada region; the issuance of an illegal map which includes tracts of Eritrean territory; the unprovoked and cold blooded murder of Eritrean border unit and their deliberate efforts to undermine the work of the Joint Border Commission.

For the Eritrean Government, however, the issue was simple: the preservation of the nation's territorial integrity. Consistent with this, it persisted to achieve a legally and politically equitable and enduring solution within a reasonable amount of time. To this end, it sought to engage negotiators into deliberations of issues which were based on facts and substance.

Initially, the Ethiopian government, to some degree, did manage to hoodwink international mediators and some news media into believing that they were victims of Eritrea's aggression. Hence, the May 30th US/Rwanda debacle can be attributed to a hastily formulated and delusive "solution" to the conflict primarily aimed at appeasing Ethiopia and acquiescing to its expansionist plans. Some of its recommendations implied that the rights and interests of a small nation and its people can be sacrificed for "more important" regional geopolitical considerations.

To the Eritreans the genesis of the conflict was beyond dispute, subsequently even a novice could have correctly guessed how they were going to respond. The Ethiopian government, however, misconstruing this diplomatic fiasco as a gain became increasingly belligerent and engaged more actively in lies and misinformation. The proposal continued to dominate and permeate subsequent
negotiation efforts initiated by the OAU despite the Eritrean Government’s insistence that a more workable and impartial document be produced to bring about a lasting solution. Consequently, the OAU appeared virtually incapacitated to invoke its 1963 Charter and provide fair arbitration within the context of the indisputable material evidence made available to it.

The Ethiopian Government perhaps frustrated by its inability to achieve its political goals and increased diplomatic isolation began to engage in a willful and systematic violation of human rights against Eritreans and Ethiopians of Eritrean descent. These acts are clearly in violation of the provisions of the Universal Declaration of Human Rights as well as the principles enshrined in the UN and OAU Charters. So far, 45,000 Eritreans and Ethiopians of Eritrean descent have been expelled including employees of the OAU and the UN office in Addis Abeba; thousands are languishing in detention camps, more than 1500 of them in one camp near Awassa. Their confiscated properties are estimated at hundreds of millions of dollars. These blatant violations of human rights have been independently confirmed and documented by UN agencies, member states of the European Union as well as several non-governmental organizations.

Despite accusations by the Ethiopian Government, the Eritrean Government has not expelled any Ethiopians against their will. Through its declared policies and practice, the Eritrean government has clearly demonstrated its commitment to the protection of human rights. The unconditional release of Ethiopian prisoners of war was a noble act from which one can extrapolate the fates and conditions of ordinary law abiding Tigreans and other Ethiopians living in Eritrea. The Ethiopian government has not yet produced a shred of evidence and neither is there an independent verification of violations of human rights by the Eritrean Government. Nobody could have put this bizarre set of circumstances more lucidly than the Eritrean Foreign Minister, Haile Woldetensae, in an address to the UN Assembly in October of 1998, he stated," Yet, the Ethiopian government, in an amazingly refined application of the Orwellian principle, accuses the Eritrean government of precisely the outrages and atrocities it itself has been committing against Eritreans and Ethiopians of Eritrean origin. The truth is that the Eritrean Government has not detained, expelled or deported or otherwise violated the rights, human or otherwise, of Ethiopians living in Eritrea. This has been verified by legitimate third parties like representatives of the EU, the UN agencies and the ICRS. As usual, the Ethiopian Government has called all of them liars."

The Eritrean Government has extended an invitation to all interested parties to carry out an on the spot verification of the human rights conditions in Eritrea. In fact, the OAU High-Level Delegation has made it clear that there is no "systematic or official action directed against Ethiopians in Eritrea." By contrast, on July 1st 1998, Mary Robinson the United Nations High
Commissioner for Human Rights, issued the following statement, " I am deeply concerned by the violation of human rights of Eritrean nationals being expelled from Ethiopia, and particularly by the fact that their passports are being stamped 'expelled never to return'.......These are serious violations of the rights and freedoms set forth in the Universal Declarations of Human
Rights, to which Ethiopia is a party." To echo this concern for human rights, the US State Department singled out Ethiopia as a perpetrator of violations against Eritrean civilians and the Human Rights Watch, in its 1999 World Report, stated that "compelling evidence pointed to a deliberate campaign by the Ethiopian authorities to expel Eritreans and Ethiopians of Eritrean origin to Eritrea ......The campaign swiftly degenerated from selective targeting to
indiscriminate deportations." Relative to the expulsions of Eritrean UN employees, the UN has accused Ethiopia of "violating the UN Charter and showing disrespect to the privileges and immunities to which all UN employees are entitled." Assistant Secretary General for Legal Affairs, Mr. Ralph Zacklin stated that "Ethiopia's refusal to reverse the expulsion of 38 Eritrean UN staffers raised the most concerns for the UN system and that Ethiopia cannot take unilateral action without giving the Secretariat the chance to investigate the allegations."

With the passage of time and the concerted effort of primarily the Government and people of Eritrea, the foundation upon which the "arguments" of the Ethiopian Government stand, has begun to erode. The Eritreans once again realized that it was only through self-reliance and its practical political, economic and military implications and not serendipity that they would prevail
over these new challenges. They became fully aware that their very existence as a people and the sovereignty of their country was at stake. They became indignant of the tolerance and in some instances the tacit approval that the international community was displaying towards Ethiopia’s expansionist territorial designs and its blatant human rights violations. It became abundantly clear to Eritreans that the World would at best pay lip service and at worst simply sit idly by as Ethiopia, a big nation with 52 million people, seemed determined to trample upon the rights and interests of Eritrea, a small nation with 3.75 million people, with impunity. This situation was
actually ominously reminiscent of how the international community responded during their long struggle to exercise their right to self determination. With utmost determination and perseverance, the Eritrean Government with the unequivocal support of Eritreans from all walks of life, left no stones unturned to squarely face and resolve the military, economic, political and diplomatic challenges that this conflict entailed. Consistent with their past behavior, they again demonstrated to the world their sense of obligation, their will and capability to protect their national borders and preserve the sovereignty of their nation.

With respect to the diplomatic and political dimensions, one can safely argue that the situation is slowly being reversed. The Ethiopians have depleted their bag of tricks and their incessant efforts to slow the peace negotiations to a crawl have been largely ineffectual. Subsequently, substantive and relevant issues are increasingly becoming the foci of discussion at the negotiating tables. In relative terms, the "Proposals for a Framework Agreement" a document issued by the OAU High-Level Committee following its meeting on November 7-8 is a good illustration of the new context within which negotiations are occurring. The talking points contained in it provide a rather fresh insight into the genesis and resolution of the conflict. The document does not make any direct reference to the US/Rwanda proposal nor does it imply that it should be employed as a framework within which future negotiations should be discussed and recommendations formulated. Clearly, it has become less salient and one hopes that it will soon be totally immaterial.

The Eritrean Government has identified some positive elements in the document, namely: 1-the recognition that the border dispute did not start in May of 1998 and the need to investigate the incidents of July-August of 1997 and May 6, 1998, "in order to determine the origins of the conflict." 2-that the border dispute can only be resolved through demarcation on the basis of
the established colonial boundaries. Among other things these points, which were repeatedly raised for discussion by the Eritrean Government ever since negotiations commenced, will be critical in determining which party initiated the acts of aggression. For example, the fact that the Ethiopian Government used force to create facts on the ground through its occupation of Adi Murug in Bada and the premeditated and meticulously planned incursions into the Badme area will be fully exposed. Similarly, the second point will underscore that Eritrea’s boundaries with Ethiopia, which have remained unchanged for at least nine decades, are clearly delineated by several treaties. The important ones are those dated:

1- July 10, 1990 the area from the confluence of the Mereb river with Mai
Ambessa (on the west) to Mai Muna (around Alitiena) in the east.

2- annex from May 15, 1902, this is the treaty that sets the border around
Badme. Starting from the Ethio-Eritreo-Sudanese border (near Om Hajer, or
the confluence of the Khor Om Hajer with the Setit River) heading eastward
along the Setit River and then from the junction of Setit with Maiteb (on
the south) on a straight line to the junction of Mereb with Mai Ambessa (on
the north).

3- May 16, 1908, this sets the boundary from where the July10,1900 treaty
left all the way to the border of the former French Somaliland better known
as Djibouti.

Hence, what has been stalling the negotiation process is Ethiopia’s lack of sincerity and equivocation on this critical point. An enduring resolution requires that Ethiopia rescind its illegal map issued in October of 1997 and declare, in explicit and unambiguous language, that it recognizes Eritrea’s already established borders inherited from Italian colonialism. The UN and
the OAU, through their inaction and which the Ethiopian government misconstrued as
policies of appeasement, actually exacerbated the situation and unwittingly emboldened it to embrace rather belligerent and intransigent positions. These organizations have a responsibility to forcefully advocate for the territorial integrity of a member nation regardless of its geographic and population size or any geopolitical considerations.

It behooves the UN to recognize the fact that when it voted to federate Eritrea with Ethiopia in 1950, of course against the expressed wishes of the Eritrean people, the former was a well-defined territorial entity with internationally recognized borders. Similarly, OAU Charter and Resolution, AHG/RES 16 (1) of the First Assembly of the Heads of State and Government held
in Cairo in 1964, is consistent with the stance of the Eritrean Government in that it calls for the respect for colonial borders, the sovereignty and territorial integrity of member states. It is only through the proper and impartial application of these principles that an enduring, equitable and
amicable resolution of the conflict can be achieved.

With regards to the redeployment of Eritrean forces from Badme and administration of the disputed area which the document calls for, the Eritrean Government, in a December 17, 1998 statement to the 16-nation OAU Central Organ, reiterated its earlier position. This is a committee charged with conflict prevention and resolution and comprises the following nations: Burkina Faso, The Sudan, Chad, Algeria, South Africa, Senegal, Madagascar, Rwanda, Egypt, Namibia, Ghana, Tanzania, Burundi, Zambia, Nigeria and Zimbabwe. It postulated that deliberations on this issue should be carried out within the context of the exact geographical location of the area in dispute and the findings of the investigation of its genesis. With a cease fire in place and military observers on the ground, this a task that can be accomplished expeditiously and without the complicated and time consuming disengagement of hundreds of thousands of troops. However, any act of goodwill on the part of the Eritrean Government should not constitute relinquishing
sovereignty to a foreign country and should be viewed within the context of the more salient issues of the dispute, mainly the territorial integrity of Eritrea and inherited colonial borders.

One hopes that in the days ahead more attention will be given to substantive and relevant issues. Since, finally, international and regional organizations seem to have realized that the Ethiopian government, and the Ethiopian government leadership in particular are bent on derailing the negotiation process by introducing digressive points. As was stated earlier, their intent is to
confuse the international community and render it incapable of gaining a correct perspective of the conflict.

The Eritrean Foreign Minister, addressing the UN General Assembly in October of 1998, put it quite aptly when he said, "the dispute is about borders, pure and simple. Any effort to transmute it into anything else must be viewed as only a vain and brazen attempt by the Ethiopian Government to camouflage its aggression and its expansionist policies." The Minister concluded his statement with the following reminder which the international community would be well advised to heed, "To date, Eritrea has restrained itself against extreme provocations, and it shall continue to do so unless it is forced to defend itself. If aggression in committed against our country, however, Eritreans shall have no choice but to defend their hard-won independence and sovereignty as well as every inch of their territory with whatever is at their disposal."