The joint investigation into human rights abuses in #Tigray that @UNHumanRights & @EthioHRC conducted is fraught with serious limitations; does not satisfy the minimum standards, and as such should be rejected.
Here is why: 1 /24
1. The involvement of a national body to investigate a situation, which is marked by gross violations of human rights & humanitarian norms; and committed in a politically polarized society as current #Ethiopia is unprecedented, including in @UNHumanRights 's experience 2/24
2. There was no good reason to involve the @EthioHRC in this endeavor. In fact, it was the sheer insistence of the #Ethiopian regime that forced the @UNHumanRights to accept the arrangement as a last resort. No other explanation is provided on z matter. This is suspicious. 3/24
3. The investigation was conducted under secretive circumstances. The 'ToR' that both organs said have developed is not availed to the public for scrutiny. This violates such cardinal principles in human rights investigations as transparency and visibility. 4/24
4. A study into the @EthioHRC shows that it is not fit to fairly investigate HR violations. For instance, @amnesty found that the Commission "operated outside established human rights frameworks & standards" & that it serves the powers of the day. 5/24
5. Legally, the @EthioHRC is accountable to the #Ethiopian parliament, an organ that has declared the #TPLF, itself a subject of the investigation, as a terrorist organization. When coupled with the absence of rule of law in #Ethiopia, it puts its impartiality in question. 6/24
6. The works of the Commission during the war strengthen the suspicion regarding its impartiality.
Ex: Forced expulsion of #Tigrayans from #Dansha is painted as a willful repatriation;
whereas in #MaiKadraMassare, where the Commission blamed #Tigrayan forces, it was done within two weeks. This's revealing. Also, it failed to even issue statements on a number of massacres in #Tigray, in contrast to the swift condemnation on allegations in #Afar & #Amhara , 8/24
where the suspect is #Tigrayan forces. This was the case in relation to #Galicomma#Agamsa & #Chenna. It is commendable that it quickly expressed condemnations & sent teams to investigate. However, this was not the case in #Tigray. Note that there was war in all areas. 9/ 24
7. The Commissioner @DanielBekele has also apparent exhibited partiality in favour of the regime in this war.
Ex: He downplayed the magnitude of the well documented violations committed in #Tigray, as 'not sever' and 'comforting', which.. 10/24
..the regime effectively used.
He also bought the regime's narration, without evidence, that #Tigrayans who fled to #Sudan from west #Tigray are suspects, and thus couldn't be trusted. This is despite many credible media reporting otherwise. 11/24
Besides, he, without proof, echoed regime lies that those refugees were being repatriated to #Ethiopia. @DanielBekele also sees the #AbiyAhmed leadership as reformist and pleaded that z #IC should support it. Such an assessment clouds his work. 12/24
8. Most importantly, the joint investigation covered only a fraction of not only the well reported atrocities in #Tigray, but also of what it set out to examine as @mbachelet admitted during the interactive dialogue in September, 2021. 13/24
... based on thin anecdotes, leaving out major sites of violations is bound to be flawed.
Critical in this regard is the fact that the investigation was cut short after #Tigrayan forces took over much of #Tigray, b/s the regime barred the investigation to continue. 15/24
This is despite the fact that #Tigray at the relevant time was the safest it has been since the beginning of the war, according to @OCHA_Ethiopia. This strengthens the conclusion that the process has been seriously compromised. 16/24 reliefweb.int/sites/reliefwe…
9. When conducting the investigation, a firsthand witness who was hired by the #UN team and was quickly fired, allegedly due to @EthioHRC pressure, stated that @EthioHRC team members 'insulted, discouraged, and interrogated witnesses.' 17/24
10. The expulsion of Mr. Sonny Onyegbuna, a investigator with @UNHumanRights without reason in the middle of the investigation process further shows the unwarranted interference that the Ethiopian government exhibited in the process. 18/24
11. During the interactive dialogue, the regime representative was given an ample time to present his government's account. No such opportunity was presented to victims or the #Tigrayan forces that are also being investigated. This has the potential to skew the finding.
19/24
12. Similarly, there is credible information that the draft report has been sent to the #Ethiopian regime for comments. It was not sent to #Tigray
In fact, authorities in #Tigray say that they have never been engaged, despite their persistent objection to the process. 20/24
Without building trust among actors, the investigation cannot garner the visibility it deserves. This further affects its credibility and fairness. It is noted that appearance of impartiality is as important a factor in HR investigations as actual impartiality. 21/24
At last, the need for an impartial investigation into all allegation of rights abuses in this tragic war cannot be overstated. However, it shall be done in a way that it can deliver justice to victims, hold perpetrators to account, and reveal the truth in its entirety. 22/24
This cannot be achieved under the current circumstances. In fact, I suspect that the report is likely to promote impunity, deny victims the justice they deliver, and equally importantly sustain the existing hostility. For these reasons, I #RejectTheJointInvestigation 23/24
To effectively address the limitations, and avert the far-reaching negative consequences of the defective investigation, it should be rejected, and a truly independent inquiry under the sole auspices of the #UN established, instead.
Commentary on the Additional Protocols to the Geneva Conventions on 𝒓𝒆𝒍𝒊𝒆𝒇 𝒐𝒑𝒆𝒓𝒂𝒕𝒊𝒐𝒏𝒔 (para. 4885) reads:
"The fact that consent is required does not mean that the decision is left to the discretion of the parties. If the survival of the population is ...1/10
threatened & a humanitarian organisation fulfilling the required conditions of impartiality & non-discrimination is able to remedy this situation, relief actions must take place. In fact, they are the only way of combating starvation when local resources have been exhausted. 2/10
The authorities responsible for safeguarding the population in the whole of the territory of the State 𝗰𝗮𝗻𝗻𝗼𝘁 𝗿𝗲𝗳𝘂𝘀𝗲 such relief without good grounds. Such a refusal would be equivalent to a violation of the rule prohibiting the use of starvation as a method ... 3/10
A relative traveled from #Adwa to #Mekelle today. He told my family that many people are dying from starvation.
As banks don't work, people cannot withdraw their money and save their lives and those with some grain need to line up for up to two weeks to have it milled. 1/4
There're few mills running on diesel.
Some families are desperately trying to send food from #Mekelle and other parts with access to cash. However:
1. They're impoverished and without income themselves. 2. It costs 500 birr to transport a quintal, Ex, from #Mekelle to #Adwa
3. It is risky. Friends in #Mekelle know of confiscated money and food destined to needy families, particularly in areas manned by savage #Eritrean soldiers.
The situation is catastrophic.
#AbiyAhmed is killing my people in masses by denying humanitarian relief.
Below are 𝗲𝘅𝗰𝗲𝗿𝗽𝘁𝘀 from the latest Needs Assessment Mission conducted by some Eth. ministries, @UNICEF@UNmigration@UNOCHA@WFP@UNFPA .... It covers from Alamata to #Mekelle, relatively least affected parts of #Tigray 1/20
“all people from Besober, Ulaga, Bala, Chamaro, Hawelti and May Mekden kebeles were displaced due to the conflict. #IDPs and the affected communities lost their belongings, mainly household items, food stock, jewelry, & cash. Most of those belongings were looted or destroyed 2/20
According to the regional authorities in #Mekelle, 𝗺𝗼𝗿𝗲 𝘁𝗵𝗮𝗻 𝟰.𝟱 𝗺𝗶𝗹𝗹𝗶𝗼𝗻 currently require some sort of humanitarian assistance... In Alamata and nearby areas only, about 𝟳𝟵𝟮,𝟱𝟬𝟬 require urgent food assistance. 3/20
It’s almost 2 months since #WarOnTigray was waged. Since then, much of #Tigray has been under a complete blockade of all life supporting services, including medicine, food, & access to cash. 1/17
It’s also almost a month into an agreement for ‘unimpeded’ humanitarian access to #Tigray the #AbiyAhmed regime signed with the @UN. Yet, even a needs assessment is not conducted to date. 2/17
In the meantime, people are actually dying of hunger in #Tigray. These past 2 days, I had calls with some people that made it to #Mekelle from Wukro, Edagahamus, Abi-Adi & Hagereselam and environs. The stories are similar and harrowing. Words cannot express the desperation. 3/17
The #WarOnTigray is into its 41 days now, with military engagements taking place every single day. Involving hundreds of thousands of forces and all kinds of weaponry, it qualifies as a major war the region has seen in decades. 1/16
Heavy involvement of #Eritrea in the conflict is now confirmed. There is also a strong indication that #UAE drones are in use. The #Sudan is already feeling the hit, as desperate #Tigrians, currently standing at 61,000, are trekking to its eastern villages for safety. 2/16
Uncharacteristic of modern conflict of this magnitude, however, war footages are rare. This has been deliberately effected by the regime. Not only did it render #Tigray off limits to the media and rights organs, it also deployed a systemic campaign of misinformation. 3/16
On the May-Kadra civilian killings, A Thread
The reported killings of civilians is harrowing and I condemn it in the strongest terms possible. Civilians should not be deliberately attacked at all time. That said, the report by @amnesty raises many issues: 1/11
The Report manly relies on few witnesses, ‘who were providing food and other supplies to the Ethiopian Defense Forces,’ and ‘a civilian who entered the town after it was retaken by EDF.’ This is problematic when it comes to the impartiality of the sources used. 2/11
It is striking that @amnesty did not use residents as witnesses, nor reach out the authorities in #Tigray before it released the Report. It’s understood that they are not as accessible given the complete phone blackout, but it does not appear that it even tried. 3/11