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The degree to which the May 2005 Ethiopian elections have adversely impacted on this nation of ours is difficult to describe. Perhaps it was the coming down so hard after the rush of genuine democratic enthusiasm that swept Ethiopia in to euphoria…
Ethiopia has never been the same since and the average citizen, more likely than not, attributes all problems including the wildfire inflation, on the May 2005 elections fall out. As part of a series of interviews with the prominent actors at the time, Capital's Kirubel Tadesse has the pleasure of presenting today, Dr. Yakob Hailemariam, the United Nation's former prosecutor, who is among the rare Ethiopian diaspora who had the courage to come home and take part in the elections.

High expectations, dashed hopes

Capital: Tell our readers about yourself, if you would, beginning from early childhood?
Dr. Yakob: I was born in Cheha Woreda of Gurage Zone at about 1944 and went to the local elementary school. After 8th grade I joined the General Wingate High School and from there I was recruited into the Harar Military Academy. However, I evaded the call and hid for a year. I then joined the University College of Addis Ababa and studied Economics for two years and then entered law school. I happen to be one of the first graduates of the Law School with an LLB degree. After that I went straight to the University of California, Los Angeles, and was awarded a Masters Degree in law. Then, I came back to Ethiopia immediately, I think it was in 1970. After working as legal advisor and personnel manager for AGIP Ethiopia for a year, I started a law firm of my own with my old friend and colleague, Ababeya Abajobir, who now resides in the United States. We handled some very exciting cases such as the one when eight university students hijacked an Ethiopian Airlines flight to Algeria. The Derg was in power at the time and Ababeya had been appointed governor of Jimma I went on defending several other cases of defendants accused by the Derg for opposing what they call 'Ethiopia Tikedem' (the Ethiopia first ideology). Actually there was no such clause in the law but as you know, the Derge was very arbitrary.
In 1980, I got a scholarship and went to the United States to study management and after five years, I was awarded a PHD degree. I lectured Business Law and Entrepreneurship for fifteen years and I was also department head at the Norfolk State University in the United States.
In 1996, I was appointed special prosecutor for Rwanda by the United Nations Secretary General and went to Rwanda. Several people were prosecuted at that time including former Rwandese Prime Minister Kapanda and many were sentenced to life terms. As you know United Nations courts do not issue the death penalty.
After two years I went back to the university and taught for a number of years and then was again appointed by the United Nations to Cameroon- Nigeria Commission, based in Senegal, as legal advisor. The mandate of that commission was to enforce the decision of the International Court of Justice, that awarded Cameroon thirty three villages and one very important Peninsula which is rich in oil and fisheries. We handed over those territories to the Cameroon. While I was there I heard that Prime Minister Meles Zenawi had declared that there would be free and fair elections, using the Amharic expression 'enkene yeleshe' (faultless) elections.

Capital: Why did you decide to return to Ethiopia and eventually join politics?
Dr. Yakob: Having been involved in politics my whole life, perhaps starting as of 1966. When I was the president of Ethiopian University Students Union, it was an opportunity for me to give back to the people because I believe that I have the best that any country can offer to a citizen-education. My education was financed by the people here so I thought this was the time to give back. I resigned my post and came home. First I had decided to run as an independent candidate representing Cheha woreda but later I decided to join CUDP. I was elected a member of the executive, in charge of foreign relations. I then ran for parliament and was elected by a landslide.

Capital: Can you take us through the attempted merging process of the four political parties into the CUDP? Currently, it seems that critics who had suggested that these parties were only organized with the aim of defeating the ruling party, more appealing?
Dr. Yakob: The four parties didn't have fundamental differences in terms of policy or ideology. They are all liberal democrats and share various beliefs such as that land should be owned privately, on the economic system and democratic values. We all had quite similar platforms so it was very easy to merge. There was also intense pressure from the public that we had to merge. At that time, the slogan most political parties held was 'merge or die'. It was a well thought out process.

Capital: One of the early signs of the CUDP controversy was the election of its leaders: After it was anticipated that Lidetu Ayalew (MP) would take the first vice president's seat, it went to Birtukan Medkisa. Was there an attempt of dominating the top positions by one party and was there alienation?
Dr. Yakob: The allocation of seats in the executive committee and the supreme council was very well planned and there were different criteria that were set.
We agreed that there should be women and young people included and that without sacrificing quality, there should be fair ethnic representation as much as possible. These criteria were taken into consideration when voting took place. As was seen later, the result reflected the criteria so that youth and women were elected to high office and there was a balance of ethnicities on the executive committee.
There was of course, a lot of lobbying. And there is nothing wrong with that, it is part of the democratic process. However, I don't think the lobbying made any difference since the positions went to those who met the criteria. The election is not regrettable. It turned out very well and the two committees worked together until the end of the elections and the debacle occurred and we were put in jail. The party was run efficiently despite the fact that it had very short history. We were driven by the chain of events. But I think we were worthy of the challenge and the Ethiopian people will in the time evaluate whether we did well or not.

Capital: Some assert that the turning point for Lidetu to withdraw his party from the CUDP was the denial of the vice president's seat. Do you agree with this?
Dr. Yakob: Actually, Lidetu's devious activities preceded the party election. For example, he was not coming to meetings and when he did, he was expressing very negative attitudes. So he started separating himself long before the election. When he was presented at the party election, he couldn't get any support because many people suspected him of questionable activities. Honestly speaking, I myself didn't. He was given a fair chance but didn't win because of his prior activities. Birtukan was found to be better qualified and eventually, she proved that she was. Now, I am glad we didn't make the huge mistake of electing Lidetu to that position.

Capital: How did the attempt to merge fail?
Dr. Yakob: I think the straw that broke the camel's back for Lidetu was that he was not elected first vice-president. When that that happened he openly rebelled against CUDP and when the merging documents were filed, he withdrew his. He also refused to put a stamp on the application. So all the blame on Lidetu because had he filed as agreed within his party and among all others, we don't know what would have been the response of the electoral board. We probably still wouldn't be registered. The whole blame rests on Lidetu. He is singularly responsible for the debacle CUDP suffered in the registration process.

Capital: How do you evaluate the immediate the post election period?
Dr. Yakob: In my sixty years, of which I spent more than forty in politics, I don't think there was a more exciting time in Ethiopian history. The debates were disseminated throughout the country without any restriction and it was exactly at that period that the EPRDF lost the election because people found out there was a better alternative. In the debates we won hands down, there was no question about it. Actually, it was very embarrassing for the EPRDF. CUDP presented its best candidates and they performed superbly. The EPRDF also presented its best candidates and performed poorly as the Ethiopian people gave judgment, especially in Addis Ababa. The flourishing free press was also something unprecedented in Ethiopia, perhaps in many parts of Africa. I had so much hope for this country. There was such a positive attitude and atmosphere that prevailed in the country, contrary to what you see now. Now you see a cloud of unhappiness, a deep depression among the people and hopelessness-exactly opposite to what was felt during that period. We have lost that opportunity but it has taught us how sweet democracy tastes. And having tasted it, we will not give up; we will pursue it still.

Capital: Some members now state that they were only projecting to win Addis Ababa, which seems more appealing when you see that Dr. Berhanu ran for Addis Ababa City Council but some were still expecting a government change. What was the real expectation of CUDP?
Dr. Yakob: We were pleasantly surprised by the outcome. Opinion differed at that time; as some people believed that we would definitely win. However, we were all confident that we would win in Addis Ababa. So there were opinions from both sides but we did win the majority of seats in Parliament.

Capital: What was on the mind of supreme council members when they decided to boycott the parliament?
Dr. Yakob: We have to understand the core values of CUDP. CUDP wasn't rushing to assume power; that wasn't our ambition and it has never been. We knew we had won but when we realized that if we insisted on taking on the government, there could be problems in the country so we abandoned the idea of power sharing. Our objective, as always, has been building a democratic structure in the country. We made it a condition to have a free electoral board, the coming elections. Accepting the outcome of the elections, we wanted a free and independent electoral board and courts and a military that is divorced from the ruling party. There were eight conditions that we laid down and the very purpose was to establish democratic structures and not to seize power. We never vied for power because that was not the goal of CUDP.

Capital: In once revealed videotapes, it was learnt that there was intense discussion whether or not to join parliament. There were even allegations that the party didn't adhere to its own rules?
Dr. Yakob: There was much heated debate over the matter. We never said we will won't ever join parliament but only that we had to have conditions which will allow us to be effective parliamentarians once we join. As it is to be recalled the previous parliament just before its term expired, had issued a law which effectively turns parliamentarians into items of furniture in parliament. You couldn't propose an agenda and the speaker of the house could throw you out for statements made if he considers them inappropriate. So how could you enter parliament under those terms? We therefore asked for those to be amended. There were also intense negotiations with the different ambassadors interceding between EPRDF and us. I remember at one point when the negotiations were so heated that I proposed to the American Ambassador to pressure the EPRDF to give a little concession on the electoral board issue. In turn, I would try to convince my party to join parliament. The concession I had asked for was for EPRDF and us to nominate the members of the election board. Ambassador apparently took it to the P.M but he refused to discuss anything having to do with the board. We also tried again to get the law the outgoing parliament had issued amended, so that we would seriously consider joining parliament but still the government refused. Therefore, every proposal we presented was shot down so we had no alternative but to refuse to take our seats.

Capital: Later, the CUDP called for demonstrations. What did CUDP expect this to result in, especially the 'stay at home' call?
Dr. Yakob: We called on the people to stay home, hoping that it would pressure EPRDF to give in to some of the requests such us the rules and regulations of parliament and the composition of the electoral board. The government was understandably very disturbed and we were rounded up in our houses late in the evening. We were told that the P.M. was willing to discuss anything 'under the sun, 'and so, we should call off the 'stay at home' call. There was also intense pressure on us from the ambassadors. We replied that if the P.M. was willing to discuss anything under the sun, we would suspend the call. It was called off because the P.M. made a promise. We went to see him the next morning, to set out the procedures for discussion. We were handed over to Bereket Simon, who completely overruled our agenda and stated he was only willing to talk about how to improve the functions of the board. However that was not the issue; the issue at hand was the independence of the board.

Capital: Do you think you were tricked so that the government could avoid any street confrontations during the 8th the African Union Summit?
Dr. Yakob: Yes. Basically that was the reason. They didn't want any of what they called 'street action'. Interestingly enough, I had asked the American Ambassador, does staying home constitute as street action according to the P.M. and she said, 'yes'; that the Prime Minister considered it illegal as per his ban. We were definitely cheated because when we started discussions with Bereket there was no way to contradict the PM's promise.

Capital: What was the role of the diplomatic community which was facilitating the negotiation?
Dr. Yakob: The diplomatic community had accompanied us and there were procedures on how to conduct the negotiation in the presence of the British and American ambassadors. After that they were excluded from involvement and they left the PM's office.

Capital: Do you think they did enough in their capacity?
Dr. Yakob: I think they did their best but the government was adamant that it wouldn't give in to any positions or to any negotiations. They were told that it was none of their business, in so many words. At one point, the P.M said that' Uncle Sam can 'go to hell'.

Capital: After the disputed results the European Union took a stand which was a little different to the Americans. How do you see that?
Dr. Yakob: I believe the Europeans did their best under the circumstances. As it is to be recalled after we were arrested, they demanded the unconditional release of the detainees, which Amnesty International classified as political prisoners, irrespective of what Mr. Meles said. They even applied some sticks. The Americans from the beginning made it very clear that the legal process should be expedited; that the trial should be undertaken quickly, this, knowing the kind of courts we had. The Americans of course, are out to protect their own interests and definitely their interests preceded our right to being released. They didn't demand our unconditional release like the Europeans did.

Capital: Some people say that the dismantling of CUDP in to four or more groups started while you were in prison, following the assignment of international committees by the chairman, Hailu Shaul? Do you agree with this?
Dr. Yakob: I don't believe that there are 'groups'. Some people have dissented from the mainstream of the party and that is all there is to it. There is no ideological dispute so there are no groups. There are disputes involving individuals and to answer the question, yes, they started when we were in prison. Some people took the initiative and started an international support committee, mainly involving Ethiopians in the USA and some in Europe, We endorsed their position while in prison but unfortunately, there was another 'group' which came up. It was basically created by Engineer Hailu and according to him, he has stated that we discussed it and were in agreement.

Capital: Some people say that the rush decision of traveling to the US immediately after you were released was wrong and you should first have secured legal status for the party. Do you agree?
Dr. Yakob: You know, they say hindsight is twenty twenty. When you look at certain things you wish you haven't done them or that you had corrected them. Looking back in retrospect there were certain things that we should have done before we left. But we were rushed because we had no legal status. We couldn't meet; we couldn't take the risk of being arrested again while meeting because we had no legal status. Before our departure we had several meetings, of course Hailu was not taking part because he was ill. We decided that that since we can't do anything here it is better to go to the United States and Europe, rally our support and come back to tackle the issue of registration. The election board refused to register those who were acting on our behalf, like Temesgen Zewide and then gave the name to a passerby. So even if we had stayed we couldn't have secured legal status. However, there are several things we could have done, like celebrating the millennium. Actually we were asked by many elders to stay a couple of days and celebrate here. Maybe we should have done those things. But in terms of registration there wasn't anything we could have done.

Capital: Your position after the ban of some executive committee members isn't popular and your name isn't associated with any of the groups. In reality, Ayele Chamiso is the leader of CUDP and Birtukan and Temesgen seem to agree to push for the formation of new party.. Meanwhile, the Hailu group believes otherwise. Don't you think you need to raise you voice and associate your self with one side?
Dr. Yakob: As I said earlier, I don't believe there are groups or sides. I have been trying to mediate in the dispute. I was a member of the delegation which went to Europe, where we did a fantastic job of which our country can be very proud. After completing my mission in Europe, I went to the United States and tired to mediate between Hailu and Birtukan and their associates. I did a lot of work and went to a lot of expense but I wasn't successful. Just a day before I left, I called Hailu and told him point blank that he had no right to suspend the five members of the executive and that our party ruels don't allow the president to suspend anyone let alone executive committee members. This can be done only by the Supreme Council. His response was that the party was at risk and he had to intervene. So far, I can't say I am with this or that side as I am just following the rule of the party which state that in the absence of the president, the first vice president assumes the function of the president. Birtukan has done that very well.
I attend meetings with Birtukan and others. My sincere desire is to reunify the party and I am doing what I can with other Ethiopians. If the party splits, it would be a great betrayal to the Ethiopian people.

Capital: The CUDP name is something you can't have so how do you think you should continue?
Dr. Yakob: The name CUD has been taken by Ayele Chamiso CUDP will be CUDP. You know the saying a rose smells the same by any other name. Whether it has that name or not, in the hearts of the Ethiopian people, CUDP will be exist forever. Changing the name won't make that much of a difference. There is no way that they can take that away. Nobody takes Ayele Chamiso seriously, neither the international community nor the Ethiopians. He is the biggest joke.
There is no other choice to go forward except by assuming a new name so it is inevitable that we have to set up the new party.

Capital: What is holding you back from forming a new party under a new name? The majority of parliamentarians and executive committee members are working with Birtukan. Are waiting for Hailu to return from the USA?
Dr. Yakob: Merging with the parliamentarians took a lot of negotiations and discussions and it was successful so after this there isn't anything that should stop us. We will go strictly by the book and if there is any justice and if the board has any semblance of independence, there is no reason we shouldn't get our license.
I heard that Hailu is coming back soon and if he does, it will expedite the matter and he will eventually join the fold.

Capital: Given the accusations lodged from the other side, Birtukan has told Capital that she is not optimistic about a reconciliation. Is it realistic to hope for a reconciliation between the two?
Dr. Yakob: I am hoping for a reconciliation because of what is at stake. It is the future of Ethiopia. There isn't anything that should not succumb to the interest of our country and people. Personal egos, have no place in the face of our objective-that is, the democratization of our country. Since CUDP has come out strong, those who were promoting the idea of secession, of the breaking apart of the country, have mellowed. There is much less talk of secession by organizations that used to advocate it. I believe it is because of the success of CUDP so this success contributes to the very survival of Ethiopia.