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Tuesday 11 March 2014

[AfricaWatch] Mining Corruption in Ethiopia: A Reply to Clare Short

 

Title: Mining Corruption in Ethiopia: A Reply to Clare Short
Author: Prof Alemayehu G. Mariam
Category: Eastern Region
Date: 3/9/2014
Source: Open Salon blog
Source Website: http://open.salon.com/blog

Summary & Comment: This rebuttal to an open letter by Claire Short, chair of the board of EITI-Extractive Industries Transparency Initiative. The exchange constitutes a virtual slanging match. Stakes are large in the extractive industries and EITI can assist the marketing of mineral products. Conversely the effects and methods of humanrights and civil society work are downplayed and uses of power criticized by the chair. One can only hope the dispute can be moderated; the EITI is an important international effort to see that resources extracted benefit the people. JK



http://open.salon.com/blog/almariam/2014/03/08/mining_corruption_in_ethiopia_a_reply_to_clare_short
(for Short's open letter to civil society members of Publish What You Pay
reps on EITI Board.
Open letter or open pandering to corruption?

"As I look around the EITI implementing countries, I do not accept that
the situation for civil society in Ethiopia is worse than a great many
of them." That was the didactic pronouncement of Ms. Claire Short, Chair
of the Extractive Industries Transparency Initiative (EITI) in her "Open
Letter" to Ali Idrissa, Faith Nwadishi and Jean-Claude Katende who are
civil society representatives on the EITI Board and the Outreach and
Candidature Committee. Short penned her bizzare "Open Letter" to
announce her resolute conviction that EITI should give Ethiopia the
green light because she "passionately believe[s] that the entry bar to
candidates should be clearly and simply whether there is enough space
for civil society to work with EITI, and that compliance and validation
should be a test whether civil society participation is free, fair and
independent."

Short's "Open Letter" was stunning for its temerity, effrontery,
insolence and sheer arrogance. Short went to extraordinary lengths to
browbeat the civil society representatives and EITI's "civil society
partners" in her "passionate" appeal for the admission of Ethiopia. She
made a thinly-veiled accusation that EITI's civil society
representatives have effectively become the patsy of the international
human rights organizations allegedly opposed to Ethiopia's admission to
EITI. She accused them of being "unhelpfully influenced by strong voices
from a special interest group with perfectly well-meaning intentions but
who have too much of a 'north telling the south what to do mindset'".
She intimated that they were in flagrant dereliction of their duties by
falling under the spell of the civil society partners, and hectored them
that the fate of EITI itself hangs in the balance on their decision to
admit or reject Ethiopia's application. Short enlightened the civil
society representatives that "EITI is not a human rights standard. Our
job is to ensure that there is enough space for civil society to work
with and around the EITI and help drive reform in the extractive sector
for the benefit of the people." She apocalyptically warned that the
decision on Ethiopia's application shall determine whether "EITI is an
international coalition with a Standard that serves all countries that
seek reform in extractives, or an organization that is driven by
campaigners."

In an amazing display of chutzpah, Short enjoined the civil society
representatives from being "tools of campaigners" and hatchet men for
"strong voices from a special interest group." She even tried to name
and shame the representatives for their hypocrisy in not "raising a
murmur" when "Occupy protesters from outside St Paul's Cathedral [were
removed] by force in my own country" and accused them of cowardly
duplicity for their silence over the "existence of Guantanamo and use of
torture. in relation to the US application." She sermonized that the
"approach" of the civil society representatives and "civil society
partners" should be to "enable [EITI] entry and encouraging locally
owned continuous reform." She pontificated with a moral equivalence
argument that "the situation for civil society in Ethiopia is no worse
than a great many of them." She sought to draw comparisons between
Ethiopia and other countries that have poor human rights records to
justify her view that it is morally acceptable to accept the regime in
Ethiopia into the EITI fold despite its long record of gross human
rights abuses and decimation of civil society organizations. She
sanctimoniously reassured the civil society representatives. "I of
course support the idea of making it clear to the Ethiopians, and indeed
all new members, that the Board will expect them to deliver on their
commitment on civil society space and that this will be monitored." She
sternly admonished, "We have to guard against efforts to use the EITI to
serve other agendas, no matter how worthy."

Short's patronizing and thinly-veiled denunciation of the international
human rights organizations allegedly opposed to Ethiopia's EITI
admission was incredibly disdainful shocking. She contemptuously
reminded those organizations that but for EITI's work, their efforts in
those "oppressive" countries would not have amounted to a hill of beans.
"I greatly admire much of the work that many of our civil society
partners have done in challenging the status quo and working for reform
often in oppressive environments" but they should know and be grateful
that EITI has made their work easier by "afford[ing] a space and a
platform that would not otherwise have been open to those campaigning
for reform." Short saved her long knife for Diaspora Ethiopians who have
opposed Ethiopia's admission to EITI. She issued a cavalierly dismissive
fatwa urging that the EITI "should listen to [the]...clear and united
voice of civil society in Ethiopia, rather than opposing voices from the
Ethiopian diaspora."

It is difficult to say whether Short's "passionate" "Open Letter" is a
statement of her convictions or a window to her soul!

Short "Open Letter" is in violation of Article 12 of EITI's Articles of
Association

In issuing her "Open Letter" and by engaging in "passionate" adversarial
advocacy on behalf of the regime in Ethiopia, Short has flagrantly
violated EITI's Articles of Association. The duties of the EITI Chair
are enumerated in Article 12 of the "EITI Articles of Association" and
include "presentation of reports to the EITI Board, Conference and
Members' Meetings, representation of EITI Board in external matters,
follow-up with the EITI secretariat regarding the implementation of the
resolutions of the EITI Board; and fostering collaborative relationships
between EITI stakeholders." Partisan advocacy, media-based lobbying for
admission on behalf of a country, letter writing and conducting virtual
online petition and other public relations campaigns for prospective
EITI applicants are not only repugnant to her official duties and role
but also recklessly compromise the integrity of EITI.

By launching a strident public relations campaign on behalf of the
regime in Ethiopia, Short has improperly overreached and effectively
interdicted the deliberative process of the members of the Publish What
You Pay (PWYP) coalition by discussing in the public square matters duly
delegated and entrusted to the designated bodies of the EITI. By issuing
her "Open Letter", Short has plunged the civil society representatives
and the PWYP into acrimonious global public debate in a manner that
unmistakably denigrates their integrity, professionalism and capacity
for fair and independent judgment. In her "passionately" blind zeal to
support the regime in Ethiopia, Short has divisively politicized EITI
and undermined its global credibility. Short's "Open Letter" amounts to
an abuse of power and office and is nothing less than a grotesque
attempt to arm-twist the civil society representatives and
heavy-handedly intimidate those civil society organizations who disagree
with her.

Condescending treatment of civil society representatives
see the url for full text:
Of all people, Short should remember that the "desire for peace in our
time" led to a horrible war. Appeasement expressed in terms of "enough
space" (I guess it was once called "lebensraum") dangerously
subordinates human rights to the politics of expediency and aids in the
unleashing of suffering and misery on those trapped in Ethiopia's
kililistans. I believe that when international organizations professedly
committed to enforce accountability and transparency begin to turn a
blind eye to crimes against humanity, they become not only appeasers but
also accessories before and after the fact.

Oh, yes! I almost forgot.

What about the regime's application to EITI? I will not waste time
commenting on it. Suffice it to say that it is the biggest package of
padded fluff I have seen in a long time. The "candidature application"
consists of 25 pages of text full of embarrassing typographical and
syntactic errors.

Much of what is in the application would make sense only in a world of
nonsense. As I scrutinized the application for substance, I chuckled. It
reminded of Alice's puzzlement in Alice in Wonderland. "If I had a world
of my own," said Alice "everything would be nonsense. Nothing would be
what it is because everything would be what it isn't. And contrary-wise;
what it is it wouldn't be, and what it wouldn't be, it would. You see?"

I cannot imagine how any self-respecting bureaucrat or regime would
proffer such an application for EITI consideration, unless of course it
was submitted tongue-in-cheek. Perhaps the cruelest joke played on EITI
in the regime's application is the inclusion of the "Ethiopian National
Journalists Union" as one of the five members of the local civil society
oversight group formed to ensure proper implementation of the EITI
protocols if Ethiopia's application is approved. Yes! The Ethiopian
National Journalists Union?! The Committee to Protect Journalists has
described Ethiopia as the "the second-worst jailer of journalists" in
Africa. What an insult to the intelligence of the members of the EITI
Board! Is Short seriously urging EITI Board members to "listen to the
clear voice" of the Ethiopian National Journalists Union?

The application itself is full gobbledygook. Here are a few examples.
"Of course, the board was cited that, proclamation No.621/2009 will
affect CSOs participation in the implementation of EITI in Ethiopia.
However, as we clearly explained to the board, unless the board defines
it differently, the proclamation is not a matter or an obstacle for CSOs
to participate in the application of EITI rules in Ethiopia." Say what?!
The application states, "Even though, Ethiopian application with regard
to the communicated EITI sign up was differed or pended by the board,
the government through the custody of the initiative is sustainably
performing to attain the maximum privileges of the initiative." Huh!? It
further explains, "Accordingly, the custody of the [EITI] initiative was
made different workshops and trainings for stakeholders to enable them
to speak freely on transparency and natural resource issues without any
restriction, and tried to cope up their understanding to use their right
to communicate and cooperate with each other to talk about the natural
resource issue boldly on the large EITI meeting & else-where." A fine
literary example of mumbo-jumbo that makes sense only to those "who have
a world of their own".

I pride myself in speaking truth to power and those who abuse power. The
regime's EITI application could best be described with a word that
momentarily eludes me, but I believe it starts with bull.

Ms. Short must resign!

By issuing her "Open Letter", Ms. Short has gone rogue on the EITI
Board. She has overreached and acted beyond the scope of her authority
as set forth in Article 12 of EITI's Articles of Association. She has
engaged in conflict of interest by subordinating the institutional
interests of EITI to her personal crusade to get admission for a
particular regime. She has irresponsibly plunged EITI into a global
controversy by maliciously attacking civil society organizations and
national stakeholders of a prospective applicant country. She has chosen
to openly debate the internal affairs of the organization in the public
domain by engaging outside groups who now feel they have legal and moral
standing to demand disclosure of internal EITI decision-making
processes. She has compromised the integrity of EITI by acting as a
lobbyist and partisan advocate for a particularly country. She has
further compromised the integrity of EITI by publicly presenting herself
as an agent and (un)official representative of the regime in Ethiopia.
She has abused the privileges of her office and brought contempt and
ridicule to EITI's civil society representatives. She has engaged in an
outrageous vilification campaign against international human rights
organizations and others. She has dehumanized and demonized Diaspora
Ethiopians who oppose the EITI application of the regime in Ethiopia.

When Short resigned from her position as International Development
Secretary in 2003, she blasted Tony Blair for the false "assurances [he]
gave [her] about the need for a UN mandate to establish a legitimate
Iraqi government have been breached. This makes my position impossible.
I am sad and sorry that it has ended like this."

What was good for the gander then is good for the goose now. What Short
has done in her Open Letter is an egregious breach of EITI's Articles of
Association and a flagrant dereliction of her duty as chair of that
organization. Going forward, her "Open Letter" makes her position with
EITI impossible. We will all be sad and sorry that it must end this way,
but Clare Short must do the right thing once again. She must resign from
her position as Chair of the Extractive Industries Transparency Initiative.

Professor Alemayehu G. Mariam teaches political science at California
State University, San Bernardino and is a practicing defense lawyer.





Disclaimer: Opinions expressed in this article are those of the writer(s) and do not necessarily reflect the views of the AfricaFiles' editors and network members. They are included in our material as a reflection of a diversity of views and a variety of issues. Material written specifically for AfricaFiles may be edited for length, clarity or inaccuracies.


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