25 January 2002

 

H.E. Mr. Kofi Annan

Secretary-General of the United Nations

1 United Nations Plaza

Room S/3800

New York, N.Y. 10017


 

Your Excellency:


 

First of all, Excellency, please, allow us to congratulate you on your well-deserved winning of the Nobel Peace Prize for 2001.
 

Several hundred Ethiopians from all walks of life, political affiliations, and religious background held an open public forum discussion on 12 January 2002, at Best Western Capital, Skyline Hotel in Washington DC, from 1:00-8:00 pm, on issues surrounding the implication, appropriateness, legality of the Algiers Agreement, the Ethiopia/Eritrea Boundary Commission, and the role of the United Nations. The open forum was organized by Tigrean International Solidarity for Justice and Democracy, a civic non-profit organization dedicated to peaceful resolutions of conflicts and the safeguarding of individual human rights.
 

At the end of the lengthy discussion the full house unanimously resolved that a letter be delivered to the United Nations, the Ethiopia/Eritrea Boundary Commission, and all governmental and nongovernmental organizations involved in the drive for a peaceful solution between Ethiopia and Eritrea including the settlement of boundaries.
 

We will not dwell on the details of the facts underlying the issues we are bringing to your attention since they have been addressed by other Ethiopians and groups in letters to your Excellency’s attention. We intend this letter to serve as fair notice to the Members of the United Nations and the Peoples of the World at large of the gravity of the problem and consequences of a new precedent being set affecting the sovereignty of nations that is now being imposed on us. Your Excellency had received several letters from concerned Ethiopians individually and from groups through out the previous year. We particularly want to recall to your memory the letter (20 December 2001) addressed to Your Excellency by five Opposition parties in Ethiopia.
 

The political reality in Ethiopia is far from being democratic. Indeed, it is a military dictatorship. The five Opposition parties mentioned herein makeup an insignificant percentage of the Ethiopian “Parliament.” The leaders of the Opposition parties are harassed daily, marginalized, and live under a constant threat of personal violence. The “elected” Parliament is in fact composed of almost totally by members of the Ethiopian Peoples’ Revolutionary Democratic Party (EPRDF) organizations completely controlled by Meles Zenawi and associates. Thus, the Ethiopian “Parliament” is essentially a “rubber-stamping” body. It is not an institution made up of democratically elected representatives that reflect the diverse views and interests of the Ethiopian society, except the few courageous members of the five Opposition parties. 
 

As Your Excellency is well aware of, Ethiopia is the founding member of the United Nations. Through out the life of this organization, Ethiopia had exemplary record of service to the World community, including putting at risk its military men in the service of the United Nations during the Korean, Congo, and the recent Rwandan crises. Ethiopia, an ancient nation of freedom and justice loving people was a lone beacon of hope of justice and freedom for oppressed people around the world; and became an inspiration for fellow Africans in gaining their freedom from European colonizers. Even the great Mandela was given sanctuary and an “Ethiopian Passport” by Ethiopia to help him fight against Apartheid early on in the struggle for freedom of the South African people.
 

However, at this point in our history the sovereignty and territorial integrity of our beloved Ethiopia is being eroded by a hostile antidemocratic government of Meles Zenawi who took over political power by force of arms in May of 1991. And we see the hands of our historic enemies working through the international community of nations trying to destroy our country by dismemberment, and by annexation of its historic territories, including its Afar coastal territory which is Ethiopia’s only access to the Red Sea. Eritrea is a former province that seceded under arguably open referendum where the then Secretary-General Boutros-Ghali and the United Nations played a role. Thus, not only tens of thousands of Ethiopians were presumed to have voted for Eritrean independence in a questionable referendum but also territories that were traditionally administered by Provincial governors of Tigrai and Wollo were grasped by the Eritrean Government as if terra nullius.
 

Having brought the above historic facts and points of controversy to Your Excellency’s attention, We Ethiopians declare unequivocally the following:


 

I. We fully support the expressed will of the people of Ethiopia as represented by the five Opposition parties members in a letter dated 20 December 2001 addressed to your Excellency.


 

II. A) We declare the Algiers Agreement of 12 December 2000 to be null and void as far as we Ethiopians are concerned. The Algiers Agreement was signed by a “government” that is blatantly pro-Eritrea and has constantly worked against the interest of Ethiopia.The boundary decision of the Algiers Agreement does not safeguard the paramount interest of Ethiopians. Therefore, the Agreement has no binding effect on Us Ethiopians or our posterity.


B) We find particularly offensive and illegal in the Algiers Agreement for any one to subject us to be held accountable under treaties Menilik II signed with Italians in 1900, 1902, and 1908. Those treaties were abrogated by Italy in 1935-41 when it attacked us, and again in 1947 when it signed the Peace Treaty rescinding all claims and interest it had in Eritrea(the renouncement specifically refers to Eritrea).

 

III. We affirm and declare the historic fact that the Afar coastal territory is part of Ethiopia. Afar Ethiopians who have lived from time immemorial in this part of Ethiopia shall not be deprived of their Ethiopian Citizenship nor be forcefully removed violating their human rights on the pretext of border demarcation. The peopleof Irob, Tserona, and Kunama south of the Mereb/Gash river are also threatened with loss of Ethiopian citizenship and forced removal form their homes. We affirm and declare the historic fact thatIrob, Tserona, and Kunama south of the Mereb/Gash river are all parts of Ethiopia.


 

VI. We demand that the Ethiopia/Eritrea Boundary Commission immediately cease from considering the dispute submitted to it by the “governments” of Ethiopia and Eritrea. We do not accept or recognize any demarcation of borders between Ethiopia and Eritrea by the Ethiopia/Eritrea Boundary Commission. 


 

V. The controversy between Ethiopia and Eritrea is not a simple question of border demarcation. In fact, it involves matters of complex “peremptory norm of general international law,” principles of Jus Cogens (sovereignty, territorial integrity, human rights, citizenship et cetera), such that any decision based on boundary demarcations is inappropriate and inadequate. If any such boundary demarcation is forced upon us, it will lead to prolonged war and violent conflict. It also means the United Nations is violating the Vienna Convention on the Law of Treaties, Article 53 by allowing a five-member arbitration commission revoke a “peremptory norm of general international law” i.e., citizenship, sovereignty, and territorial integrity. The abrogation of the citizenship of tens of thousands of individuals, without their expressed individual intent on questions of citizenship, would violate among several other principles of international law, the Covenants on Civil and Democratic Rights, and the Universal Declaration of Human Rights.


 

VI. No opinion, resolution, or treaty will deprive us our right to exist as an independent nation. We reserve our right of self-defense under international law and the Charter of the United Nations to protect our freedom, national sovereignty, and territorial integrity. Particularly we preserve our right to defend and keep safe our fellow Ethiopians who belong to “Afar ethnic” group whose ancestral home is the Afar coastal territories from Djibouti to the Dahlak Islands, as well as the rights of all Ethiopians in Irob, Tserona, and the Kunama south of the Mereb/Gash river.


Your Excellency, the members of the Tigrean International Solidarity for Justice and Democracy are pleased to deliver this letter to Your Excellency on behalf of Ethiopians who authorized the preparation of this letter at the discussion forum of 12 January 2002 as stated above. With confidence in you Sir, we hope to see justice on behalf of Ethiopia. Please, accept our sincere cooperation.
Sincerely


 
 

CC: 

H.E. Mr. Amara Essy

Secretary-General of the Organization of African Unity


 

H.E. Mr. Romano Prodi, President

European Union


 

The five Permanent Members of the Security Council of the United Nations


 

Sir Elihu Lauterpacht, CBE QC, President

Ethiopia/Eritrea Boundary Commission