Appropriate Rectification
By: Shabait Staff
July 14, 2004
During his visit to Eritrea in the previous week, the United Nations Secretary
General, Mr. Kofi Annan made his remarks concerning the appointment of his special
envoy to Eritrea and Ethiopia that the mission shall be recalled considering
Eritrea’s complaints that the UN itself has no legal grounds to nominate a representative
as it pleases. As for the UN’s nomination of the so-called special envoy, Eritrea
had labeled it as a move uncalled for and which should not have even been taken
into consideration in the first place.
The detailed information of the implementation process of the Eritrean-Ethiopian
peace agreement being in the hands of the International Community, it could
have been realized from the beginning that going out of the legal track and
rambling around the bush under the pretext of so-called alternative settlements
would not have been necessary. If only the existing controversies that resulted
from the TPLF’s rejection were handled objectively and legally, there would
have been no point for the thought of nominating a special envoy. It also remains
to be the fact that chapter seven of the United Nations charter and the Algiers
agreement, to be specific, empowers the UN to take appropriate measures over
the violator of the agreement, which in this case is Ethiopia. The UN has therefore
no legal and justifiable grounds to look for an alternative mechanism. It would
have been impractical to expect a special envoy to succeed in a mission where
the UN itself failed the very responsibility it was mandated with, based on
the Algiers Agreement. This is why Eritrea has been from the outset voicing
its opinion on the insignificance of the nomination of a special envoy.
The UN Security Council as well as the guarantors of the Algiers peace agreement
are clearly aware of Ethiopia’s non-compliance with the EEBC ruling and that
Ethiopia is thereby derailing the Eritrean-Ethiopian peace process at large.
The Algiers peace agreement as such underlines the responsibilities of the concerned
bodies in situations that might appear in the peace process. If these stands
however created uneasiness within the responsible bodies, from impairing the
regime in Addis Ababa, the second alternative should have been taking the peace
process back to its track, thus convincing the TPLF regime to accept the EEBC
ruling and work for its implementation.
Although Eritrea has not to-date received a satisfactory explanation to its
queries regarding the mandate and mission of the former special envoy, as many
speculators indicate, if the mission was basically designed to meet the requirements
of Ethiopia which arrogantly continues to hinder the peace process and with
the aim of getting Eritrea to leave the legal settlements aside and accept the
idea of beginning talks with Ethiopia, it was indeed a mission that lacks the
essence of practicability.
With the nation’s sovereign territory still under occupation by the TPLF regime,
the Eritrean people internally displaced and the TPLF regime’s prime minister
incessantly beating the war drums, Eritrea should not have been expected to
begin talks and create rapport with the violator. Would it not be rewarding
the aggressor party to sideline the rule of law and dwell in the sinister schemes
of a rogue-state governed by the rule of the jungle? Is it also not a very dangerous
foretaste for other nations, when facts point in the direction that there is
no price to be paid for violating international law and the UN Security Council’s
decisions? Hence, so long as the mission of the UN’s former special envoy is
just a lead to an endless and fruitless cycle of diplomatic wrangling, the UN’s
move to terminate the mission can be labeled as appropriate rectification.