There is no African solution for Ethiopia’s Tigray problem ( a must read)
Posted: 28 Mar 2021, 09:14
by Yonas Aregawi
24 March, 2021
A UN—not AU—commission is needed to investigate the reported war crimes.
As mounting evidence of serious violations of human rights and humanitarian law are coming out, the war in Tigray is in the international spotlight.
The credible reports of human rights organizations such as Amnesty International and Human Rights Watch corroborated by international media indicate that war crimes and crimes against humanity have been committed. More recently, the US Secretary of State’s allegations of ethnic cleansing in Western Tigray also grabbed attention.
Subsequently, the pressure for an independent investigation has become almost unbearable. For many observers, it is now indisputable that the reported atrocities warrant an independent, credible, and prompt international probe to counter impunity and ensure accountability.
Dropping its previous resistance, the Ethiopian government has now expressed its interest in a joint investigation. But, who should conduct such an intricate and indispensable inquiry?
Addis Ababa has proposed the African Union (AU) lead, leaning on the mantra of ‘African solutions for African problems.’ The AU has accepted the invitation and revealed its confidence that its human rights body—the African Commission on Human and Peoples’ Rights (ACHPR)—will deliver.
This, however, is problematic for multiple reasons.
Lack of competence
After the UN Security Council seized the matter, the human rights abuses and humanitarian crisis in Tigray became a threat to global law and order. Therefore, the discussion between Ethiopia and the AU is too narrow, and the UN must be consulted in order to fulfill its mandate to maintain international peace and security.
Furthermore, the bilateral approach casts doubt on the fairness of the initiative. The decision on the investigation, including its forums and modalities, should be inclusive and so involve actors such as the UN and all parties to the conflict.
A credible probe must handle intricate legal, policy, and practical issues. Among other things, it involves gathering and verifying information, creating and recording events, preparing dock-ready pieces of evidence for further investigation or prosecution, recommending measures to redress violations, providing justice and reparation for victims, and holding perpetrators accountable.
However, the ACHPR—a quasi-judicial organ established to promote and protect human rights— has never been involved in a complicated investigation and fact-finding process since its inception in 1987.
For three reasons, the Tigray task is too complicated for the Commission.
First, it lacks the required expertise to conduct a thorough and comprehensive investigation of this scale. Apart from engaging in communication and monitoring roles, the Commission has a dearth of relevant experience.
Continue reading at Ethiopia Insight
24 March, 2021
A UN—not AU—commission is needed to investigate the reported war crimes.
As mounting evidence of serious violations of human rights and humanitarian law are coming out, the war in Tigray is in the international spotlight.
The credible reports of human rights organizations such as Amnesty International and Human Rights Watch corroborated by international media indicate that war crimes and crimes against humanity have been committed. More recently, the US Secretary of State’s allegations of ethnic cleansing in Western Tigray also grabbed attention.
Subsequently, the pressure for an independent investigation has become almost unbearable. For many observers, it is now indisputable that the reported atrocities warrant an independent, credible, and prompt international probe to counter impunity and ensure accountability.
Dropping its previous resistance, the Ethiopian government has now expressed its interest in a joint investigation. But, who should conduct such an intricate and indispensable inquiry?
Addis Ababa has proposed the African Union (AU) lead, leaning on the mantra of ‘African solutions for African problems.’ The AU has accepted the invitation and revealed its confidence that its human rights body—the African Commission on Human and Peoples’ Rights (ACHPR)—will deliver.
This, however, is problematic for multiple reasons.
Lack of competence
After the UN Security Council seized the matter, the human rights abuses and humanitarian crisis in Tigray became a threat to global law and order. Therefore, the discussion between Ethiopia and the AU is too narrow, and the UN must be consulted in order to fulfill its mandate to maintain international peace and security.
Furthermore, the bilateral approach casts doubt on the fairness of the initiative. The decision on the investigation, including its forums and modalities, should be inclusive and so involve actors such as the UN and all parties to the conflict.
A credible probe must handle intricate legal, policy, and practical issues. Among other things, it involves gathering and verifying information, creating and recording events, preparing dock-ready pieces of evidence for further investigation or prosecution, recommending measures to redress violations, providing justice and reparation for victims, and holding perpetrators accountable.
However, the ACHPR—a quasi-judicial organ established to promote and protect human rights— has never been involved in a complicated investigation and fact-finding process since its inception in 1987.
For three reasons, the Tigray task is too complicated for the Commission.
First, it lacks the required expertise to conduct a thorough and comprehensive investigation of this scale. Apart from engaging in communication and monitoring roles, the Commission has a dearth of relevant experience.
Continue reading at Ethiopia Insight