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Cherry-Picking of Judges Is a Great Affront to Judicial Independence

6 min read.

Uhuru Kenyatta’s refusal to fulfil his constitutional duty to appoint and gazette JSC-nominated judges is a tyranny against the judiciary.

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Cherry-Picking of Judges Is a Great Affront to Judicial Independence

The 2010 constitution placed an onerous responsibility on the judiciary. That responsibility is to check that the exercise of public power is done in a manner that is compliant with the constitution. The constitution brought everyone, including the president – in both his capacities as the head of state and head of national executive – under the law. Hence, the judiciary has the final word when called upon to determine whether anything done or said to be done by anyone in the exercise of public power is constitutional.

To ensure that judges and magistrates can perform this task, the 2010 constitution created a strong architecture to secure judicial independence. In a nutshell, judicial independence simply means creating the necessary guardrails to ensure that judges and magistrates are and feel fully protected to make the right decision without fear of reprisal and that the judiciary has the facilities it needs to create an enabling environment to facilitate judges and magistrates’ abilities to undertake that core mandate. Ordinarily, the critical aspects of judicial independence include decisional, operational/administrative as well as financial independence.

Operational independence safeguards the ability of the judiciary to run its affairs without interference from other arms of government or from anyone else. Financial independence on the other hand ensures that the judiciary is well funded and fully in control of its funds so that its core duty (decision-making) is not frustrated by either lack of funds or the possibility of a carrot–and-stick approach where the executive dangles funding to extract the decisions it wants. In this regard, the constitution creates a judiciary fund and places it under the administration of the judiciary. Unfortunately, the national government and the treasury have continued to frustrate the full operationalisation of the judiciary fund.

Centrality of an individual judge’s independence

Importantly, the foundational rationale for judicial independence and its different facets is securing the decision maker’s (judge and magistrate) individual independence. This is commonly referred to as decisional independence. In the end, the judiciary exists for only one reason: to adjudicate disputes. In this regard, the person who is charged with decision making is the one who is the primary beneficiary of judicial independence. Of course, ultimately, everyone benefits from an independent judiciary.

Still, the constitution has specific and high expectation of the decision-maker, including that he or she makes decisions based only on an objective analysis of the law and the facts. The decision maker must not be mesmerised or cowed by power. He or she should never be beholden to power – in the present or the future. Simply put, under the constitution, a decision maker should never have to think about personal consequences that he or she may suffer for making a decision one way or another as long as that decision is based on an honest analysis of the law and the facts. Put a bit differently, the decision maker should never have to make (or even think of calibrating) his or her decision to please those in or with power – either within the judiciary or outside it – with the expectation that it will help him or her to obtain professional favours, promotion or to avoid reprisals.

And this is why Uhuru Kenyatta’s cherry-picking of who should or should not be appointed judge is the greatest threat to judicial independence in Kenya.

But first a quick word on what the constitution says about the process of selecting, appointing and disciplining judges.

Selection and disciplining of judges

Before 2010, the president played a controlling role in the selection of judges. This meant that the surest way to become and remain a judge was by being in the good books of the president and his handlers. The result was that the judiciary was largely an appendage of the executive – and could hardly restrain the abuse of public power by the president or other ruling elites. The 2010 constitutional provisions on the judiciary were deliberately designed to eliminate or highly diminish this vice.

The power to select judges was given to the Judicial Service Commission (JSC), a body representative of many interest groups, the president key among them. Constitutionally, the president directly appoints three of the 11 JSC members: the attorney general and two members representing the public. But with his usual ingenuity at subverting the constitution, Uhuru Kenyatta has added to this list a fourth – by telling the Public Service Commission (PSC) who should be its appointee. Regardless, while there are always endless wars to control the JSC especially by the executive, the many interests represented complicate a full takeover of the JSC by the executive or any other interests. And that is partly what the constitution intended to achieve. The law – which the court has clarified numerous times – is that once the JSC has nominated persons to be judges, the president’s role is purely ceremonial, and one that he performs in his capacity as head of state. He must formally appoint and gazette the appointment of the judges. No ifs, no buts.

This is why Uhuru Kenyatta’s cherry-picking of who should or should not be appointed judge is the greatest threat to judicial independence in Kenya.

In fact, the law further clarifies that not even the JSC can reconsider its recommendation once it has selected its nominees. There is a good reason for this unbendable procedure – it helps to insulate the process from manipulation especially once the JSC has publicly disclosed its judge-nominees. Still, the constitution preserves for the president, the JSC and citizens the option of pursuing a rogue nominee by providing the realistic possibility for the initiation of a disciplinary and removal process of a judge even after appointment if there are legitimate grounds for such action.

In this regard, the JSC also has the responsibility to discipline judges by considering every complaint made against a judge to determine whether there are grounds to start proceedings for removal. It is to be noted that the president has more substantive powers in relation to the removal of judges. This is because if the JSC determines that there are grounds for the removal of a judge, the president’s hand is mostly unrestrained with regards to whom he appoints to sit on the tribunal to consider whether a judge should be removed. Unfortunately, there is an emerging trend that indicates that Uhuru undertakes this task in a biased manner by subjectively selecting tribunal members who will “save” the judges he likes.

The injustice of cherry-picking

Now, back to the injustices of Uhuru’s cherry-picking of judges for appointment.

The injustice is horrific for both the appointed judges and those who are not appointed, especially those of the Court of Appeal. Under the 2010 constitution, you do not become a superior court judge by chance.. For High Court judges nominated to the Court of Appeal, this is earned through hard work, countless sleepless nights spent writing ground-breaking judgments and backbreaking days sitting in court (likely on poor quality furniture) graciously listening to litigants complain about their disputes all day, and then doing administrative work to help the judiciary keep going. All this while maintaining personal conduct that keeps one away from trouble – mostly of the moral kind. Magistrates or other judicial staff who move up the ranks to be nominated judges endure the same.

The injustice is horrific for both the appointed judges and those who are not appointed, especially those of the Court of Appeal

If ever there was a list of thankless jobs, those of judges and magistrate would rank high on the list. It is therefore completely unacceptable that a faceless presidential advisor –  probably sitting in a poorly lit room with depressing décor and a constantly failing wifi connection, and who likely has never met a judge – can just tell the president, “Let’s add so and so to the list of judges without ’integrity’. And by the way, from the last list, let’s remove judge A and add judge Z”. Utterly unfeeling and reckless. Worse, the judge is left to explain to the world what his/her integrity issues are when he or she knows nothing about them.

Psychological tyranny

Cherry-picking also creates a fundamental perception problem. Kenya’s Supreme Court has confirmed that perception independence is a critical element of independence. For litigants appearing before the judges who were appointed in cases involving the president or the executive, it will be hard to shake-off the stubborn but obviously unfair thought that the judge earned the appointment in order to be the executive’s gatekeeper. That is what minds do; they conjure up possibilities of endless, and at times, conspiracy-inspired thoughts. Similarly, those who appear before a judge who was left out will likely believe that the judge – who decides a case impartially but against the executive – is driven by the animus of non-appointment. And you can trust the president’s people to publicly say as much and even create a hashtag for it. Yet such perceptions (of a judge who is thought to favour or be anti-executive) are relevant because justice is both about substance and perception.

And that is the psychological tyranny of Uhuru’s unconstitutional action – for both the judges that have been appointed and to those who have not. It is, indeed, a tyranny against the judiciary and, in a smaller way, against all of us. Perhaps just as Uhuru intended it to be.

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Waikwa is a constitutional lawyer and co-founder of Katiba Institute.

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Kenneth Kaunda: One Zambia, One Nation

How Kenneth Kaunda was instrumental in guiding Zambia through its formative years in the absence of war or mass atrocities that blighted many of its neighbors.

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Gone Is the Last Of the Mohicans: Tribute to Kenneth Kaunda

Zambia’s inaugural president, Kenneth Kaunda, died on June 17, 2021, at the age of 97. From the early 1950s onwards, he led a nonviolent liberation struggle against British rule, eventually forging independence in 1964. In power for the first twenty-seven years of Zambia’s independent statehood, Kaunda leaves a controversial legacy. He abandoned multiparty elections in 1973, ruled as an authoritarian leader for the next eighteen years, and was the architect of disastrous economic policies that compounded the already significant levels of poverty in the country. However, Kaunda should also be remembered as a leader who was instrumental in guiding Zambia through its formative years, doing so in the absence of the wars or mass atrocities that blighted many of its neighbors.

Kaunda’s role in steering his country away from instability and mass violence—especially in the first decade of independence—is particularly noteworthy given the challenges at the time. His own stamp on state building helped to navigate these tensions: he shaped a new national identity that transcended ethnic or tribal affiliations, neither favoring nor scapegoating any group. Kaunda was acutely aware that the new state—with its borders artificially and arbitrarily constructed by its former colonial occupiers—was in peril of fragmenting through power struggles along tribal and ethnic lines. Referring to the dominant language groups, he reiterated the gravity of this new national identity in his 1967 memoir: “with any luck,” he wrote, “this generation will think of itself not in tribal terms as Bemba, Lozi or Tonga, but as Zambians. This is the only guarantee of future stability.” Kaunda thus seemed to be keenly aware that ideology can act as a catalyst as well as one of the most important restraints on mass atrocities; his humanist perspective fostered the latter while other leaders in the region chose the former.

Kaunda backed this principled stance with action during the first decade of independence, when his governing party, the United National Independence Party, began to fragment into factions based on ethnolinguistic differences. Kaunda frequently shuffled ministerial portfolios between factions and often changed personnel in all departments of the public sector—all in an effort to prevent the possibility of ethnolinguistic differences and tensions becoming formally entrenched within the new state. Throughout the 1960s, this constant reshuffling was effective in maintaining a power balance between the country’s different groups; but by the end of the decade, escalating tensions between these factions led to some forming breakaway parties on the basis of ethnolinguistic differences. This prompted Kaunda to centralize power and ban opposition political parties, forging a regime that was increasingly intolerant of opposition voices. Zambia, however, avoided the large-scale violence that some of its neighbors experienced. Although populations in dictatorial regimes are more at risk for mass atrocities than populations in democracies, Kaunda’s decision to centralize power and prohibit opposition parties was motivated—at least in part—by a desire to avoid the formal entrenchment of Zambia’s ethnolinguistic tensions.

In making this decision, however, Kaunda provoked a whole new set of challenges as an authoritarian leader. It wasn’t until 1991 that he lifted the ban on opposition parties, ushering in a transition toward a new phase of democratization. This was done under duress in the context of long-term economic decline, IMF-imposed economic reforms, and increasing dissatisfaction with his regime. Yet even this transition was largely restrained. The opposition movement itself (the Movement for Multiparty Democracy, or MMD) was a broad coalition that embodied Kaunda’s own vision of a Zambia that transcended ethnic and tribal difference. When the MMD registered as a political party and won the 1991 election, Kaunda conceded defeat and transferred power without contestation. While so many other authoritarian leaders opted for a violent response to the contestation of their power, Kaunda chose not to cling to power at all costs.

Even during Zambia’s phase of one-party rule from 1973 to 1991, Kaunda’s legacy of state building stands in contrast to the violent exclusionary tendencies of many regimes in the region. Although he centralized power, this was in part a response to a belief—shared by many leaders across the African continent in the 1960s and 1970s—that multiparty elections were divisive. So while research has shown repeatedly that established democracies tend to be safer for their inhabitants than democratizing or dictatorial countries, Kaunda actually seems to have used his dictatorial rule to steer the country away from the preconditions of mass violence.

Kaunda was able to shape the nation’s identity because dictatorial leaders, through their sway over the dominant narrative of their societies, can be particularly influential and shape how a population may think or act. The way in which Kaunda chose to do so was, however, extraordinary. Oftentimes, dictatorial regimes will use a destructive and exclusionary ideology, as it is through the definition of the “other” that the in-group can be defined and united. Creating such a cohesive in-group can have positive effects for leaders who tend to be more respected, but it can also enhance schisms and cause polarization or, even dehumanization, which can be conducive to massive violence. Populations are particularly likely to turn to leaders with such destructive ideologies when their life conditions are difficult; as people look for ways to understand their reality and search for someone to blame. Kaunda’s feat of uniting the nation, without exploiting ethno-linguistic tensions, is, therefore, even more noteworthy given the real and many risks for identity-based divisions to become entrenched in the first three decades of independence. Though far from perfect, Kaunda’s repeated call of “One Zambia, One Nation” resonated strongly, and established a precedent of stability and inclusion when so many other post-colonial African states went down more violent and exclusionary paths.

This post is from a partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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Somalia’s Election Is Already Rigged: The Question Is, For Whom?

Somalia desperately needs new leadership to restore constitutional rule and to set its teetering political transition back on track. Farmaajo’s removal would therefore be a welcome step

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On 4 July, the leadership of Somalia’s Federal Electoral Implementation Team (FEIT), was elected through a disturbingly opaque process that produced a close Farmaajo associate, Mohamed Hassan ‘Irro’, as Chairman and Mawlid Mataan Salaad, a proxy of NISA chief Fahad Yasin, as Vice Chairman. Their appointment was orchestrated by an interim electoral body chaired by a prominent member of the Islamist organisation, Al-I’tisaam. These latest developments confirm what many have long suspected: Somalia’s upcoming election is being – and arguably already has been – rigged.

The incremental changes to the electoral model have consistently favoured Farmaajo, with each modification taking the process further away from the election that brought him to power. Since Farmaajo won the 2017 contest, it begs the question why he now demands significant changes to the electoral model. The answer is self-evident: he knows that he cannot win with a level playing field – even with Fahad Yasin’s money and Islamist networks behind him – and is adamant that the outcome must be pre-determined.

It may now be stated with confidence that he has succeeded in rigging the poll, but that doesn’t necessarily mean that he will be the beneficiary. Somali electoral politics are far more complex and treacherous than that.

To date, rigging the election has involved the following elements:

  • Imposing two voting venues per state, when most FMS leaders favour just one
  • Deployment of politicised security forces to polling venues, while these units have previously been deployed to impose electoral outcomes
  • Maintenance of FEIT and SEIT members associated with the FGS over the objections of the opposition
  • Involvement of the DPM in the selection of Somaliland electors, even though he is patently representing Villa Somalia’s interests
  • Insisting that Somaliland and minority seats be elected from Mogadishu, although members of these groups wish to be able to choose their own polling venues
  • Appointment of a pro-Farmaajo FEIT Chairman

Each of these measures is intended to nudge upwards the number of future MPs beholden to Villa Somalia. Although it’s highly unlikely that this will achieve the majority of votes required to secure victory in the first round of the presidential election, it is intended to produce the largest single block of votes for any given candidate, moving into the second round. Fahad’s associates from the post-jihadist Islamist movement, Al-I’tisaam, are all working towards the same end.

Farmaajo currently stands to be the main beneficiary of this ongoing electoral manipulation. Close observers estimate that he will be able to muster roughly 70 votes going into the first round of the presidential election – probably the largest single block, without obtaining the simple majority needed to win outright. This potentially gives him an advantage going into the second round, where the losers typically pledge their voting blocks in support of one of the four remaining candidates in exchange for political favour.

Opposition candidates are well aware of these machinations but are reluctant to cry foul, accuse acting PM Roble of serving as a dupe, or be labelled by international partners as ‘spoilers.’ Moreover, some leading candidates have begun flirting with Fahad Yasin, hoping to win his favour as an alternative to Farmaajo. Instead of challenging the integrity of the electoral process, they seek to disqualify Farmaajo by accusing him of trafficking Somali youths to Eritrea for military training and concealing their participation in the Tigrayan conflict: actions they contend make him unfit to hold future public office.

Opposition collusion with Fahad Yasin is opportunistic and misguided. It was at this stage, in 2017, that Fahad’s cunning betrayal of incumbent President Hassan Sheikh, produced a stunning electoral upset. Having served as Hassan’s campaign manager in 2012, Fahad penetrated his 2017 campaign team and swung the incumbent’s votes behind Farmaajo. In so doing, he secured victory for his chosen candidate and earning himself the role of power behind the throne or — in the words of some foreign diplomats — “puppet-master.”

The question now is not whether the upcoming electoral process has been rigged, but whether Fahad has rigged it to Farmaajo’s advantage or, recognising that the ex-president is damaged goods, has another flunky in mind.

Somalia desperately needs new leadership to restore constitutional rule and to set its teetering political transition back on track. Farmaajo’s removal would therefore be a welcome step. But if Fahad and Al- I’tisaam continue to hold the levers of power, then Somalia will remain on its current ruinous course.

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Tigray Crisis: A Conversation With General Tsadkan Gebretensae, Tigray Defense Force Central Command

Will the ceasefire between Tigray People’s Liberation Front (TPLF) and the Ethiopian government’s bring lasting peace to Ethiopia?

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Tigray Crisis: A Conversation With General Tsadkan Gebretensae, Tigray Defense Force Central Command
Photo: TesfaNews

Editor’s note: Gen Tsadkan Gebretensae is a key member of the Tigrayan Defence Forces Command and widely regarded as one of Africa’s best military thinkers and strategists. He was a former top Ethiopian army general. He is widely-regarded as one of the masterminds of Operation Alula which in late June 2021 led to major reversals for the Ethiopian army in Tigray. In this interview, conducted in Tigray on 6 July by The Elephant, Gen Tsadkan spells out his views on peace and the way forward for Ethiopia.

The Elephant: What is the context of what is happening in Tigray?

Gen Tsadkan: I don’t need to go back to the horrendous atrocities that have been committed against the people of Tigray by invading forces of Isaias and Abiy, but after the offensive, after what has happened recently, the Ethiopian government is in my opinion living in an illusion. It is an illusion that has been created by themselves. They tried to deny the reality on the ground. They tried to cheat the world by saying they have declared a unilateral ceasefire while they have been defeated. We decimated two brigades of their forces which were running away from Mekelle, so this nonsense of unilateral ceasefire is a drama that has been created by themselves. Instead, they should recognize the realities on the ground and come with a realistic solution. You cannot have a ceasefire at a time when you have already blocked every movement of goods and services. Ethiopian Airlines is not flying to Mekelle, there is no telephone, there is no internet, there is no power, there is no road transport, humanitarian aid has been blocked. He cannot talk about any unilateral ceasefire while trying to strangle the whole people of Tigray.

So, I think I would like the international community to understand the situation we are in. We have been very much restrained because we don’t want to be seen as if we are not accepting a political solution. The whole problem is not only in Tigray but in the whole of Ethiopia. We know the Government forces are almost finished but at the same time we are restraining ourselves for a realistic political solution to the whole problem. I would like the international community to understand this situation, that is the message I have now.

The Elephant: You were a part of the group that mediated between the PM and the TPLF before war broke out, what led you to break off that role?

Gen Tsadkan: You are right, myself and a group of prominent political individuals in Ethiopia have been trying to mediate. The basis of the interaction we had was to accept the existing Constitution of Multinational Federalism and resolve any other issue apart from it. In my interaction with the PM, it was very clear that he was looking for; (A) dismantling the Multinational Federalism, which brought Ethiopia together and (B) he was looking for a solution that is not a political peaceful solution but preparing himself for war. That was very clear for me in our last meetings. So I had to make a choice. I knew that the political solution to Tigray would not come, in my interactions with him. I was interacting with the President of Tigray, Debretsion Gebremichael. On the part of Tigray, I saw willingness to resolve the issue, as long as the Multinational Federal Constitutional Arrangement is respected. That was not the case with Dr Abiy Ahmed, so I had to take a position. And at the same time, there was no other choice. The Ethiopian Government invited foreign forces to invade our country, so the choice was either to surrender to foreign forces or Abiy’s forces, or join the resistance. I chose the latter.

The Elephant: Those final meetings you had with the PM, when was that, 2019 or 2020?

Gen Tsadkan: I think it was 2020. It was not 2019. We had several, we had some meetings earlier, precisely around three major meetings, but the last one was in 2020.

The Elephant: When did you specifically join the armed resistance?

Gen Tsadkan :It was after November.

The Elephant: Could you explain the relationship btw the TPLF, the TDF, the Government of Tigray and your position now?

Gen Tsadkan: The TPLF is the ruling party, the TDF is a word that has been coined, not in a negative sense but in a positive sense, during the resistance. The whole resistance is led by the Government of Tigray, not the TPLF, as a ruling party it might have its say but the resistance is led by the Government, the duly elected Government of Tigray. The Government of Tigray has established a Central Command which decides on all issues related to war and peace, all issues: political, diplomatic, military, economic issues, this body is chaired by the President of Tigray, Dr. Debretsion, and the military effort is one aspect of the resistance. I serve as a member of the Central Command in the structure that I have described, so the TPLF is the ruling party, the Government of Tigray is the one leading the resistance, through a structure called the Central Command that decides on all issues related to peace and war. The TDF, the Tigrayan Defense Forces, is an element in the whole structure that is being commanded by the Central Command. Below the Central Command there is a structure called the Military Command, the Military Command specifically directs and commands operations in the army. This is the arrangement.

The Elephant: Were you expecting to win control of Tigray so soon or even at all, did it come as a surprise to you?

Gen Tsadkan: No, it didn’t come as a surprise to me. In fact, I am on public record even before the war started telling people, you know, of all regions, the Region of Tigray is a region which shall not head for war but at same time is not scared of war. I know the history, I know the potential, when this thing started it was very clear that the most senior, most highly experienced commanders are from Tigray, which has been the backbone of the Ethiopian armed forces for the last thirty years, highly experienced because most of them have gone through two major wars, I very much know the military tradition of Tigray, so when you combine those two elements, highly experienced and skillful commanders and a society with a very deep military tradition, it only takes a short period of time to reorganize and regain control. That’s exactly what happened.

At the same time, this has been facilitated by the atrocities committed by the enemies of Tigray, that created a widespread opposition and dedicated of the youngsters to finish all this within a short period of time. When all those things came together, given the experience we had, we had to organize the fighting units, train the fighting units, and it was clear for us that when we get some time, we will create a very formidable fighting machine, and that’s what has happened.

The Elephant: how many POWs do you currently have?

Gen Tsadkan: I might miss some of the information, the latest information I have before five days is around more than 8000, the prisoners of war kept increasing, they might have increased a little bit. But that is the figure I know.

The Elephant: Do you want to say about plans for treatment of these POWs?

Gen Tsadkan: No, I don’t think there is anything in particular, I know my colleagues are in touch with the ICRC, and will handle them according to international law.

The Elephant: What is the current humanitarian situation? What actions are you hoping the International Community will take?

Gen Tsadkan: As has been described by the international media several times and by UN Agencies, the humanitarian situation is extremely dire. The Ethiopian Government is trying to aggravate this by blocking any connection with Sudan and any other corridor. Even they have blocked air communications. So the Government of Tigray and the Central Command have decided, I think it has been communicated, we are ready to accept any humanitarian assistance, ready to facilitate anything that the U.N. or any humanitarian assistance agencies would like to have, security, we will provide security to the areas we control, more than 90 percent of Tigray, we will comply with their requirements, so my message is, there is a huge need for humanitarian assistance and we are ready to accept any assistance, if the international community means business, let them come and do what is required to save lives in Tigray.

The Elephant: what will happen if the PM continues to refuse humanitarian access to your region?

Gen Tsadkan: Not only resisting humanitarian assistance to our region, but if he continues to do the way they are acting, that is, strangling Tigray, blocking power, electricity, internet, air transport, land transport, not only humanitarian assistance but to civilians as well, I think the Government of Tigray and the resistance in Tigray will be required to break its restraint, restraint from military activities, we know we have the capacity, we have increased our capacity, we know we can do what it takes to pressurize the government so if they continue behaving like the way they are doing, playing games, and trying to deceive the world with their illusions, the first consequence will be continuation of operations. We will be left with no other alternative except to resolve it militarily. We would like it to be resolved peacefully but if there is no other choice, then the next choice will be, try to resolve it militarily, and we know we are capable of doing that.

The Elephant: What is your timeline for that option?

Gen Tsadkan: No, I’m afraid to comment on this. We are watching the situation seriously.

The Elephant: are you prepared to negotiate peace with Abiy and with the Eritrean leader Isaias?

Gen Tsadkan: I think that’s an issue that we have to deal with when it comes. We have made our points clear on the last declaration of what we mean by a negotiated ceasefire, we have clearly indicated that we are for a negotiated ceasefire. In a negotiated ceasefire, issues are raised and we discuss to resolve them, but the process has to start.

The Elephant: Do you have anything to add to the conditions for the negotiated ceasefire that TPLF released on Sunday?

Gen Tsadkan: No, I was part of the Central Command that drafted that list and I’m happy with it.

The Elephant: Do you have any message for Ethiopians as a whole?

Gen Tsadkan: I would like to say it’s very sad that our country Ethiopia is in such a situation. We were forced to act the way we did, because of the Central Government in Ethiopia, is in our opinion directed by Asmara, by Isaias, Isaias’ security forces, intelligence forces are operating in Ethiopia day and night. I hate this kind of situation to prevail in Ethiopia, but at the same time, it is sad to see that Ethiopians are just accepting the behavior of the Central Government, but I would like to say that even though so many atrocities have been committed, it’s not led to resolve our issue peacefully and politically. So, when Ethiopians come out of the illusion that the Prime Minister has created, the reality on the ground is completely different, let Eritreans get out, not only from Tigray, but from all of Ethiopia. Let Ethiopians set their own trajectory themselves.

Eritrea has a heavy hand, heavy presence not only in Tigray but in Addis Ababa and all over Ethiopia as well.

The Elephant: What are the battlefield developments, status of Western Tigray?

Gen Tsadkan: It’s very clear that Amhara forces are in Western Tigray, it’s obvious that they are preparing to face us. So, we’ll handle it the way they would like to handle it.

The Elephant: Does that mean you are waiting for them to act, you’re not going to push it?

Gen Tsadkan: No, I didn’t say anything, it is a military situation and we will see the situation and act according to what is warranted militarily for us

The Elephant: have the ENDF and Amhara forces retreated to other side of Tekezze River?

Gen Tsadkan: They have already blown up bridges, it is very clear that it’s a continuation of the policy of Abiy Ahmed to strangle Tigray and take away a Constitutionally recognized geographic region of Tigray to another area. So, they are preparing themselves across the river. That, we know.

The Elephant: Do you see the capture of Mekelle as a turning point that will lead to a speedy end to conflict or is it opening up a new front in the war, in the north and west?

Gen Tsadkan: It all depends upon the central government of Ethiopia and its partner Isaias, it could be, it’s very clear that they cannot win the war. The capture of Mekelle and the defeat of the Ethiopian army clearly shows if there was any doubt, that they cannot win this war. On the other hand, the people of Tigray have been under huge atrocities of all kinds, have stood and resisted. The war will continue growing. Even the military experience and the political nature of the just cause of the war, it will keep on growing. So the capture of Mekelle would signal a huge political message to Abiy, to come to his senses and then resolve the political situation not only in Tigray but in all of Ethiopia peacefully, sooner. It has signaled that he cannot get his way by force, that is what he wanted, he could not, he mobilized not only his forces but other forces as well, he mobilized all of the army of Eritrea, he mobilized the technological capacity of the UAE, that did not work. So, for us, we were not craving for war. We wanted a peaceful solution from the very beginning. And it is now after the defeat of Abiy’s forces we are saying, let’s have a negotiated ceasefire. But Abiy and the Amhara elites can resist this, can say no, we’ll have our way by military means, if that is their choice, we’ll see. So it all depends on how they will react. The sooner they come out of their illusion that they have created, that they are riding victory after victory, it will be better for all of Ethiopia and Tigray as well. As long as they live with that illusion, and trying to mobilize innocent peasants and bringing them as cannon fodder to the new fronts that have been created in southern and western Tigray, then the war will continue.

The Elephant: Are there any splits within TPLF, on any topics such as engaging the government, or are you pretty united?

Gen Tsadkan: Pretty united. Obviously, there are different opinions on how the political situation should be resolved, and resolved once and for a durable period of time. But that is for Tigrayans to discuss among themselves and resolve. That is the situation. On the issue of you know defeating the invaders, and coming to a lasting political situation, there is complete unity.

The Elephant: is there anything you would like to share about journey of your life, as someone who fought against Dergue and toppled it?

Gen Tsadkan: I would like to say that I am a product of the people of Tigray. The struggle and the pain that the people of Tigray have went through have created people like me, not only me, several like me. So, when all these things are done, I hope some people will have a lot of time, I will have time as well, to go through all this. But for the time being, as I said, I am the product of the struggle and the pain of the people of Tigray.

Thank you very much.

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