ETA UPDATE

Police seal ETA offices again
By Wondimu Mekonnen
January 31, 2004
ADDIS ABABA - Government forces sealed offices of the Ethiopian Teachers Association (ETA)on Friday January 30, barely a few weeks after a federal high court broke a 7-year-old court wrangling and declared ETA as the legitimate union of Ethiopian teachers.

Police used a "Federal Supreme Court" order to shut down ETA, whose president is Dr. Taye Wolde-Semayat. The measure was directed at saving a phoney ETA, which the government had created to discredit the veteran ETA, long known for its firm opposition to disastrous government policies on education, as well as highly restrctive laws on teachers rights and academic freedom in the country.

In a country beset by government-fueled ethnic clashes, government attack on the civil society of Ethiopia continues unabated, despite widespread condemnations from international professional associations. Two weeks ago, the goverment banned the Ethiopian Free Press Journalists Association (EFJA), and unashamedly went on setting up a puppet executive committee of the independent press.

The Mockery of Justice - TPLF-style!

Who doesn't know judge Hagos Woldu? If there is any one who does not know this TPLF "Firde-Gemdil" (law-twister), here goes the story.*

One day, when justice prevails in the land of the Ethiopians, judge Hagos and his associates have a lot to answer. He and his accomplices outrageously pervert justice to fulfil their partisan motives. He particularly had swapped professionalism for narrow nationalistic barbarism. He twisted justice to incarcerate and mysteriously murder Prof. Asrat Woldeyes. He bent the law to unjustly imprison Dr Taye Woldesemiate, the Ethiopian Teachers Association President. Who will ever forget his sadistic murder of Ato Kebede Desta's (the President of Ethiopian Retired Teachers Association)? At the order of Judge Hagos, Ato Kebede Desta's eyes were brutally gouged out, and he was beaten to death while in captivity. Ethiopians cannot wait to see Judge Hagos standing trial for unjustly destroying the lives of irreplaceable children of Ethiopia, who stood up against the treacherous dictatorial regime of Meles Zenawi.

Judge Hagos is one of a kind. The TPLF dictators would like to clone and have him in every court throughout the country. He is probably born devoid of moral or humanitarian ethics. The term "fairness" does not seem to appear in his dictionary. He is a tool happy to be used to promote ethnic politics, the lowest form of racism. Please note that this man was initially a teacher by profession. Ironically, he is now number one ruthless persecutor of Ethiopian teachers and their professional organisation, ETA, abusing his position as a judge at Federal High Court and to everyone's' dismay now the Supreme Court.

It is to be recalled that on 28 November 2003, brave judges chaired by Hirut Melese, the Federal High Court judge yielded to their conscience and ruled in favour of the legitimate ETA on litigation that was unlawfully brought upon the Association and dragged over 7 years. They declared a verdict stating that the legitimate ETA leaders were the one led by Dr Taye and colleagues. The ruling actually suggested the legitimate ETA leaders could open litigation against the impostors for wasting their resources and time by unlawfully dragging the Association into a defence of unlawful litigation. After 10 days of the deliverance of the verdict, ETA was able to receive the copy of the court letter that stated the ruling. In accordance with the law, the ETA waited for 15 more days after the verdict was delivered and applied on 18/12/03 for court order to release the frozen assets of the Association. The application was accepted and the court told ETA office bearers that they would issue a court warrant that would ensure the implementation of the Federal High Court decision. However, this did not come through. The mysterious hand of the unlawful must have started working. ETA was told the delay was due to the fact that they were unable to locate such an important file because it was taken somewhere for some purpose they wouldn't dare to disclose. Then they finally obliterated their sign of affirmation stamp on the ETA's application letter before giving it back to ETA leaders.

ETA took the case to the Ministry of Justice on 30/12/04. Considering ETA's plea, the Ministry of Justice instructed the head of a Department for Associations' Registration Office to sort out the mess. However, instead, the Department for Associations Registration slept on it. ETA officials were informed the relevant officer was not available to deal with their request. Here goes the Amharic saying, "A pretending sleeper cannot be waken up." Whilst ETA officials were running up and down to get their request be granted, they were issued with a warrant dated 23/12/03 from the Federal Supreme Court 2nd bench. It was to summon the ETA leaders to the court on 12/01/04. This was completely against the law of the land (which is of course in paper) because of two reasons. First, the Federal High Court ruled that the surrogate ETA leaders do not have legal entity so that they need to have got that status to sue or be sued. Second, as the verdict was delivered on 28/11/03, it is out of time for the jurisdiction of the president of the Federal Supreme Court to accept and consider the appeal of the defeated surrogate ETA leaders after 31 days. Knowing that all this backdoor dealing, which is in breach of civil code procedure, was an act of perverting justice. In spite of all this mockery of justice, the authentic ETA leaders appeared before court as required. Here starts typical "Hagosite Perversion of Justice" at work. They claimed the judges were not complete in number so that they adjourned the hearing to 19/01/04. This is TPLF's old tactic, crystal clear not just to Ethiopians but to the whole world at large as aptly summed up by one of the foremost human rights defenders - Human Rights Watch (HRW). In its January 2004 report, Human Rights Watch writes:

"The Ethiopian government continues to deny its citizens' basic human rights and to repress the unarmed opposition. Foreign donors have not played any role in correcting these abuses…the judicial process is often subject to political pressure and delay..."

Well it is easy to guess why "Hagosite judges" should start such a shameful perversion of justice. It is apparent that the recent Federal High Court verdict shook the foundation of TPLF's treacherous system. Such a slap in the face was not easily taken. TPLF does not normally swallow the bitter pill of defeat on the very court it thought it controls. TPLF officials were seen running up and down to patch the tear. The TPLF right-hand man that controlled the court in the past, Hagos Woldu, was immediately promoted from the Federal High Court level to the Federal Supreme Court to team up with other hand-picked cadres in the justice system. Ones this rumour started circulating, everyone expected that he was going to re-launch his personal crusade against the Ethiopian Teachers Association. This time he is machinating behind the curtain but his marks are everywhere to be seen. The case has to be handed over to the trustworthiest children of Adwa, like, Ato Berhantsehay who was appointed to be the president of the Federal Supreme Court, just in time to handle this shame while Hagos was given the task of arranging everything in a way that deliver the desired perverted victory for TPLF and the usual victimisation of ETA.

As Dr Taye, the president of ETA, was in Togo to take part in the Pan African Teachers' Congress, Ato Abebe Worke, ETA lawyer, and Ato Teferi Gessesse, Executive member, went to the court on 19/01/04 representing the Association. Here goes the mockery of justice again! The jury composed of Ato Tegene Getaneh, Ato Dagne Melaku, and Ato Desta Gebru point blank declared that the court had decided that the ETA offices should be resealed until the further hearing will take place on 04/02/04. The pending hearing is so strange that the ETA leaders and those surrogates have been told that the judges are not going to see any written documents but listen to oral explanations of both parties and record everything that will take place at the hearing. The verdict will be delivered depending on this presentation. In the face of this, Hammurabi's Draconian Law of 1780 B.C looks like modern. You never know, TPLF may tell the world tomorrow it is bringing back the "Bela-libeliha" ancient Ethiopian traditional case law.

ETA knew well that the courageous decision of the Federal High Court judge presided by Hirut Melese might not long last. All that mattered was to go on with the flow and play the game in such a way that the Ethiopian public and international community keeps on registering the perversion of justice. ETA will keep on encouraging the few courageous judges with conscience to come out now and then and slap TPLF dictators in the face with the fair justice. Let their dirty job be done by their dirty obedient judges, the likes of Judge Hagos and few appointees from Adwa.

ETA leaders were playing by the book, regardless of the fact that it is the land of the lawless. ETA behaves in a matured manner setting example to the Ethiopians and the international community that watch every step made by them and the dictators. They did not just retook their premises once the ruling was delivered but went on with demanding the court to give order to the Ethiopian National Bank to release the ETA bank account, which has been frozen since April 1993. Regarding the offices, which were resealed on 27/06/98, they were in their premises; and really did not need to ask anyone to unseal them. They did it on their own, in accordance with the ruling because third parties did not hold the property.

TPLF leaders tell the world they brought "Democracy and Justice" to Ethiopia. Here goes their perverted democracy hobbling on one leg! They are working day and night to hold on to power by a phoney election while they are subjugating the voters. They are telling the whole world how democrats they are by letting the opposition to "freely compete." However, in reality they are obliterating whatever a semblance of democracy they briefly flash for deceitful purposes. They want to see the justice (rather injustice) system work in their favour all of the time. When it doesn't, they keep on intervening to fix the hole shamelessly, never to swallow the bitter pill of the truth. It is apparent to all that the TPLF installed Ethiopian judiciary system could not meet the high standard of justice expected from a government of a nation. It is a tool with which TPLF subjugates those who refuse to give into their bullying. This is for the fourth time when court decisions ruled in favour of ETA have been prevented from being implemented. According to the law ruled on 28/11/03, the surrogate ETA leaders do not have nay-legal ground to claim ETA property. They have no legal status to appeal against the court ruling either. However, the "notorious Firde-Gemdil" judge Hagos and his associates made it possibly staying up several sleepless nights to grant them some lease of life.

The drama has started. The post-mortem dissection has been at surgery to resurrect the humiliated cloned puppet ETA from the pit it has fallen into. Act one has been played. Judge Hagos will be the director, the starring in this drama of making mockery of justice. However, the genuine representatives of Ethiopian Teachers, the ETA has continued doing what it was best at doing. On 17 February 2004 at the Economic Commission for Africa (ECA) Hall in Addis Ababa, a European Parliament team led by Mrs Kinnock is going to conduct a conference on Ethiopian Education to which ETA is invited to take part. The ETA Executive has already designated Dr Taye to attend the conference. The public is very inquisitive to see what Ato Dawit Yohannes of Meles's Parliament spokesman will say about the deteriorating education system in the presence of Dr Taye, and more importantly, the challenge of the latter on such an important platform. On 21 and 22 February 2004 there will be an "International Conference on Education For All" in Awassa again. Delegates from all over the world are expected. Education International leaders have confirmed to take part. It is the ETA, not the TPLF, that is going to be the host and master of the ceremony. The Conference will check how far Ethiopia has gone to meet the 2015 deadline, Education For All.

A week later, at Menelik Comprehensive High School, at Arat Kilo, the Addis Ababa Regional Teachers will hold their own Conference to discuss about how to rescue the falling education standard in Ethiopia. Addis Ababa ETA Branch is the organiser. Teachers know whom to trust. TPLF has bullied the CETU to submission. It is now bullying the Ethiopian Free Press Journalist Association to break and replace them by a cloned puppet. ETA is a tough nut to crack. It has set an example to other professional associations in the same situation how to survive in such dreadful time of Ethiopian history. It has stood up against tyranny so far. It will resist to the end to protect the interest of teachers, students and teaching learning process in Ethiopia.

The ETA leaders have prepared themselves to wage resistance on two fronts. They will battle in court against injustice regardless of the outcome. If TPLF partisan judges pervert justice, ETA will not see it as a defeat. It will show the perverted statement as evidence to its members, Ethiopians, the international community and particularly to the donor governments; exposing the unlawful act and true nature of the regime they are supporting to suppress freedom of association. As to the ETA members and leaders, whenever they win, they deliberately celebrate, regardless of the short-lived victory.

The main and most important front is the resistance against human and trade union rights violations, with especial emphasis on the destructive education policy of TPLF. ETA leaders have vowed to face any hardship until they rescue the future of Ethiopian youth. They will work day and night to guide and support those teachers they represent. ETA executives have already paid dearly for the past 11 years. They are ready to pay more until the gloom over the future of Ethiopian children is removed. Given ETA's tenacity and perseverance, it is not hard to see the light at the end of the tunnel. What is our share to contribute to achieve this goal?

*RELATED STORY ON JUDGE HAGOS WOLDU
Judge Hagos Woldu - Ethiopian Review


The author, Dr. Wondimu Mekonnen, could be reached by email: Wondimu.Mekonnen@BTInternet.com
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