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Ethiopian court convicts Mengistu of genocide: Exiled in Zimbabwe, ex-dictator may face death sentence

December 20, 2006

With tensions mounting between Ethiopia and Eritrea over the current state of affairs of Somalia, news from Addis Ababa announced the conviction of former dictator Mengistu Haile Miriam of genocide, 12 years after the trial commenced. Currently exiled in Zimbabwe, Mugabe's government has refused to extradite the former dictator of Ethiopia, and reiterated this position a day after the trial's verdict was announced; the court also convicted 70 of Mr. Mengistu's governmental accomplices. It is yet unclear if justice will befall the man who presided over the Red Terror, murdering hundreds of thousands in systematic fashion.

The IIJD fully respects the news of the verdict out of Ethiopia as it represents a positive step forward in bringing justice and accountability in Africa. The 2006 International Conference on the State of Africa of Africa (ICSAA) participants found that the systems of governance, supported by poor leadership and inept institutions established after colonization in many African countries are the root causes of Africa’s development crisis. With regards to the institutions, experts determined that “the absence of a clear separation of power between the Executive, Legislative, and Judicial branches of government, and the lack of accountability, transparency, and discipline within the government are obvious signs of the failed achievement of genuine democratic rule. Structured to control and paralyze the justice system, the Executive branch of many African governments often usurps this role. The non-independence of the Judiciary results in the non- implementation or non-enforcement of laws and decisions and absence of rule of law. Because there is a non-separation of power, there are no checks and balances to keep the government and other power structures under constant scrutiny in the management of financial and other resources and appropriate service delivery.” The lack of independent justice system and accountability in the government institutions in Africa are identified in the 2006 ICSAA conference report as a fundamental problem limiting Africa's human potential. African nations in general and Ethiopia in particular are then urged to implement institutional reforms that reaffirm checks and balances and judicial independence from the Executive branch. Separation of powers will provide for more transparency and accountability, and keep governments and public administration under close scrutiny.

Even without the immediate release of Mr. Mengistu from Zimbabwe, the verdict reached in Addis Ababa nonetheless rings out as a symbolic stand against of dictatorial rule and human rights abuses that have long plagued many countries in Africa. The ruling emphatically advances the cause of justice and accountability in the current state of affairs in Africa. However, for justice and the rule of law to remain an established part of everyday life in Ethiopia, more work needs to be done to ensure that the judicial branch remains an independent and strong institution. This urgency for permanent reform is reflected in Transparency International's 2005 Global Corruption Barometer in which Ethiopians identified the judicial system as the second-most corrupt sector in the country. A fair and politically independent Judiciary and a separation of powers between the Executive, Legislative and Judiciary will help keep the political process in check and ensure that no politician, regardless of past history or political party, manipulates the process of justice for their own benefit. Without well-functioning government institutions and an independent judicial system, other economic and political reforms will not achieve their full impact in addressing the root causes of the African development crisis and the problem that ordinary Ethiopians face daily.

NY Times: Ethiopian Court Finds Ex-Leader in Exile Guilty of Genocide