US suspends big security aid programs in Burundi

Due to elections violence and continued risk of coup during the 2015 Burundian Constitutional Crisis, State Department and DOD pull the plug on Burundi for military and non-military security aid. The huge US peacekeeping training program is halted:

In response to the abuses committed by members of the police during political protests, we are suspending all International Law Enforcement Academy and Anti-Terrorism Assistance training that we provide to Burundian law enforcement agencies.

Recognizing that Burundi’s National Defense Force has generally acted professionally in protecting civilians during protests, the United States continues to value our partnership with the Burundian military and urges them to maintain professionalism and respect for the rule of law.

However, due to the instability caused by the Burundian Government’s disregard for the Arusha Agreement and its decision to proceed with flawed parliamentary elections, the United States is unable to conduct peacekeeping and other training in Burundi. As a result, the United States has suspended upcoming training for the Burundian military under the Department of Defense’s Section 1206 Train and Equip program, as well as training and assistance under the Africa Military Education Program.

We remain deeply concerned that the current crisis will further hamper our ability to support the important contribution of the Burundian military to international peacekeeping.

 
To get a sense of scale for this news, as previously noted on AFD, via The Wall Street Journal:

After Nigeria — a country 18 times more populous — the U.S. trained more soldiers in Burundi than any other sub-Saharan African country between 2007 and 2014, according to publicly available data from the U.S. State Department. In the first nine months of 2014, 6,298 soldiers from the tiny country went through courses including advanced special operations, language classes and counterterrorism studies.

 

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Flag of Burundi

Tanzania, like US, lets anyone run to not become president

The 2016 Republican Presidential field here in the United States is indeed filled with a dozen people who will never be elected president, will never be close to being elected president, and could never be president. But it’s easier than ever to run for several months, get a lot of attention, and get a media and publishing deal out of it.

That classic American spirit might be one of the few American concepts currently still being exported overseas. In this case to Tanzania.

Aiming to preserve single-party rule there, Tanzania’s ruling party and state media have suddenly (and very probably only temporarily) elevated an unknown farmer to rockstar status because he filed to run in their 30 candidate presidential primary against far more experienced and affluent candidates, including more than one former prime minister.

Eldoforce Bilohe is a 43-year-old farmer with a primary class seven level of education, who wants to be the next president of Tanzania.

Supporters of the CCM will argue that the fact that an ordinary party member of humble means is able to vie for the party presidential nomination is evidence of true and inclusive democracy within the party.

 
Meanwhile, the Tanzanian opposition may be nearing its first real chance of victory as it unites under one umbrella. Stay tuned!

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6 out of 5 dentists agree: Ethiopia is in no way totalitarian

According to the US State Department (full story➚), Ethiopia’s “democracy” improves with each election.

That must be why the ruling party in this year’s election took 546 out of 546 seats in parliament, significantly improving over last election’s 544 out of 546. Those extra two votes in the chamber should make it easier to buy more state surveillance tools to monitor the population.

Let freedom ring!

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Eritrea: East Africa’s Open-Air Prison Nation

Eritrea — a country of 6.4 million people, located on East Africa’s Red Sea coastline — separated by referendum from Ethiopia in 1993 following a brutal three-decade civil war. Since then, it has remained firmly under the single-party rule of Isaias Afwerki, who led the main rebel group since 1978 and the country since 1991. His reign has become ever more brutal and the country ever more impoverished in the elapsed time since.

The report of a year-long United Nations inquiry into the country confirmed the worst fears of many observers and critics. Eritrea has become one gigantic prison and a virtual hell on earth:

Slavery-like practices are routine and torture is so widespread that the commission said it could only conclude that the government’s policy was to encourage its use.
[…]
Eritrea effectively enslaves people by a system known as “national service”, but which really involves “arbitrary detention, torture, sexual torture, forced labour, absence of leave”, the report said.

National service is supposed to last 18 months, but the commission spoke to one witness who had fled after 17 years. Witnesses reported people being executed for trying to avoid being drafted into service as recently as 2013, it said.

 
The conditions are so horrifying and unbearable that as many as 10% of all Eritreans have fled the country, despite the government enforcing a Shoot-to-Kill border control policy to try to prohibit any emigration whatsoever. Some 5,000 citizens are leaving each month. The government insisted the UN report was a “vile slander.”

If you’re wondering why so many people in recent years have faced the incredibly treacherous (and often fatal) Mediterranean journey to enter the European Union illegally, look no further than Eritrea to find your answer. It has been one of the single largest source countries for migrants arriving without documents into the EU by boat. The unspeakable conditions of Eritrean daily life and the sheer difficulty of escaping the country in the first place make the intense dangers of crossing the Mediterranean with human smugglers look like the easy part. It is, fortunately, also why Eritrean migrants have a better chance than most of receiving asylum status.

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Rwanda joins the Third-Termism bandwagon

As long expected, Rwanda’s parliament has joined neighboring Congo and Burundi (and beyond) in bids to repeal constitutionally-imposed term limits on their presidencies. France24:

The debate, set to take place over the next two months, was prompted by parliament being handed petitions signed by a total of two million people – or roughly 17 percent of the population – asking for the constitution to be changed, the head of the chamber, Donatilla Mukabalisa, told AFP.

“We have received two million requests,” she said, explaining that parliament has been receiving a number of what she insisted were spontaneous letters and petitions from individuals, groups or associations.

 
However, there are two significant differences in the Rwanda case, although all involve relatively authoritarian elected leaders.

The first is that Rwanda’s President Paul Kagame is already now in his 15th year in office (3 of them under an older constitution and 10 under the 2003 constitution) and the term length at the moment is a whopping 7 years. That length used to be more common under constitutions inspired by the French constitution of 1958, but it had fallen out of favor in most places some time ago and was removed in France itself in 2000. 4-5 years is the prevailing world standard for presidents and prime ministers at this point. Kagame’s new “first” term (after the 2003 constitution) was from 2003 to 2010. His second term began in 2010 and will not end until 2017. He would therefore have served a full 17 years as President of Rwanda even before embarking on a “third” term under the proposed constitutional revision now under consideration. Were he to serve out that term as well, and assuming that the term lengths are not shortened when the limit is lifted, Mr. Kagame would have served for an uninterrupted 24 years. As usual, his relationship with democracy is superficial and procedural at best.

The second is that, unlike many of the sub-Saharan African leaders who have been trying to remove term limits in the past year, Paul Kagame is widely supported enthusiastically by the international community to the point of getting a free pass on most abusive actions. It will be interesting to see which allies, if any, part ways with him over this issue after so much Western criticism of efforts to lift term limits in other countries.

Lessons from Burundi’s post-Civil War constitution

The following is an installment in my ongoing series on the 2015 Burundian constitutional crisis.

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Flag of Burundi

After reading the 2005 French-language Burundian constitution myself, I have tentatively come to the conclusion that the current President, Pierre Nkurunziza, is technically constitutionally allowed to seek another term — but only by deliberately misconstruing some poor word choices in the text. First, I present my textual analysis to develop this finding. Second, are my recommendations on what lessons can be drawn from this crisis, in terms of future drafting of documents to guide political transitions and post-transition foundations.

Basically, there are two conflicting elements in the text. Article 302 stipulated that the first “post-transition” president — which ended up being Mr. Nkurunziza — specifically had to be elected by both chambers of parliament, rather than the voters directly, “on a purely exceptional basis”:

A titre exceptionnel, le premier Président de la République de la période post-transition est élu par l’Assemblée Nationale et le Sénat élus réunis en Congrès, à la majorité des deux tiers des membres.

 
(My direct translation: “On a purely exceptional basis, the first President of the Republic of the post-transition period is chosen by the elected National Assembly and Senate assembled in Congress, with a two-thirds majority of the members.”)

But at the same time, Article 96 states that (in general, presumably): “The President of the Republic” is to be “elected by direct universal suffrage for a five-year term renewable once”:

Le Président de la République est élu au suffrage universel direct pour un mandat de cinq ans renouvelable une fois.

 
So President Nkurunziza’s argument is that because he was indirectly elected under Article 302 in 2005 and then elected directly to a five-year term in 2010 that means he is eligible to renew his term one more time by direct election. Which is pretty sketchy — but a literally acceptable interpretation of the text, since Article 96 failed to take the lingering effects of Article 302 (which falls under the “Special Provisions” Title XV) explicitly into account.

Lessons: The wording of Article 96 is grammatically and syntactically stitched together for elegant efficiency rather than explicit clarity, which now seems to have been a mistaken decision. I believe one of the former Burundian Supreme Court members labeled it against the “spirit” of the document and the Arusha Accords that preceded it, even if it was perhaps a textually permitted interpretation.

Of course, there’s little likelihood that preventing this loophole could have avoided the current situation entirely, given that the President was determined to amend the constitution anyway, until he discovered he could use the loophole instead and avoid the hassle. Clearly he had an agenda, with or without this language error. Still, it has needlessly provided him a very convenient shield for his actions. And that, at least, could indeed have been avoided.

Recommendation to future transitional/foundational document drafters: Break up your sentences. And account for deliberate misinterpretations of conflicting provisions. If it had said “The President of the Republic is elected by direct universal suffrage. A presidential term is five years in length and renewable once” there would likely be no way to misread it intentionally. By joining those three thoughts (direct election AND term length AND term limit) into one sentence, it made the term limit contingent upon the election method, which itself had been exceptionally overridden in the other article for the purposes of the first post-transition term only.

While this subject may seem excessively narrow to which to devote a detailed analysis, I bring up these observations about the importance of precise drafting because I found it to be similar to Burkina Faso’s incredibly messy constitutional revisions that (apparently inadvertently!) left literally no one in line to succeed the presidency upon a vacancy, forcing — or at least facilitating and quasi-legitimizing — a military coup when the president resigned unilaterally. These decisions on wording can have far-reaching implications years later.

In Ethiopia, US State Dept. has baffling view on democracy

According to the U.S. State Department, Ethiopia is a violently totalitarian single-party state. Also according to the U.S. State Department, Ethiopia is a great democracy.

Huh?

For example, during a recent visit to Ethiopia, Undersecretary of State for Political Affairs Wendy Sherman praised Ethiopia as a vibrant and progressive democracy.
[…]
In its latest Ethiopia report, for example, the State Department identified significant human rights violations, including restrictions on freedom of speech, Stalinist-style show trials, and crackdowns on free press, opposition leaders, activists and critical journalists. The report and others by human rights groups reveal a consistent and widespread pattern of abuse, including torture, arbitrary killings, restrictions on freedom of association, interference in freedom of religion and the politicized use of the country’s anti-terrorism proclamation.
[…]
[Mass surveillance] and many other instruments of control enabled the EPRDF to win 99.6 percent of the votes in the 2010 elections, losing only two of the 547 seats in the federal Parliament and one seat out of the 1,900 in the regional assemblies. Five years of intimidation and harassment of the opposition and war against free press means that Sunday’s voting will be anything but fair and free.

 
Even more puzzling, as the country waits to see if other parties will win even two seats in the national parliament in Sunday’s elections, is the State Department’s odd assessment of trendlines in the country’s pseudo-democracy:

Speaking during a press briefing in Addis Ababa in April, Ms Sherman said: “Ethiopia is a democracy that is moving forward in an election that we expect to be free, fair and credible and open and inclusive in ways that Ethiopia has moved forward in strengthening its democracy. Every time there is an election it gets better and better.”
[…]
In 2005, 174 opposition politicians won seats in the 547-seat parliament, but many did not take them up after pronouncing the vote rigged.

In the 2010 polls, Girma Seifu, of the Unity for Democracy and Justice (UDJ), was the sole opponent to win, while the ruling EPRDF garnered 99.6% of all parliamentary seats. An independent candidate was also elected.

 
By definition, based on the past two elections, it has been getting worse. Perhaps it will be better this coming election, now that the country’s longtime dictator has passed away in the intervening time since the last election, but at the moment there’s no way to know that. And all signs don’t point to that at as a likely outcome.