Press Release
10-08-2024
The Ethiopian State’s Methods to Frustrate the Pretoria Agreement, Impunity, and Abandonment of Accountability
The Pretoria Agreement, signed on November 2, 2022, between the Ethiopian government and the Tigray People’s Liberation Front (TPLF), was a historic accord aimed at ending the devastating civil conflict in Ethiopia and laying the groundwork for sustainable peace and political reconciliation. The agreement’s success hinges on the good faith implementation of its provisions by both parties. However, recent actions by the Ethiopian state, particularly the refusal to reinstate the TPLF’s license as a political party and the insistence that it re-register as a new entity, raise serious concerns about the state’s commitment to the agreement. These actions can be seen as deliberate attempts to frustrate the Pretoria Agreement, perpetuate impunity, and abandon accountability, thus endangering the peace process.
- Breach of the Spirit and Letter of the Pretoria Agreement: The Ethiopian Electoral Commission’s decision to deny the reinstatement of the TPLF as a recognized political party while requiring it to register as a new entity directly contravenes the spirit and letter of the Pretoria Agreement. The agreement was not merely a ceasefire; it was a comprehensive accord negotiated between two equal parties—the Ethiopian government and the TPLF—with the intention of resolving a deeply rooted political and military conflict.
At the time of the negotiations, the TPLF was recognized as a legitimate political entity. This recognition was fundamental to the formulation of the Pretoria Agreement. By refusing to reinstate the TPLF’s political party status, the Ethiopian government is effectively nullifying the TPLF’s legal standing as a signatory to the agreement. This not only breaches the spirit of the accord but also violates the principle of pacta sunt servanda—a cornerstone of international law, which mandates that agreements must be honored by the parties involved.
Method 1: Nullification of TPLF’s Status as a Signatory
The requirement for the TPLF to register as a new political party effectively annuls its status as a signatory to the Pretoria Agreement. This maneuver undermines the foundation upon which the agreement was reached and can be interpreted as a calculated strategy to weaken the TPLF’s position in the post-agreement political landscape. Such an action is not only a breach of the spirit of the Pretoria Agreement but also a deliberate violation of the principle of good faith, which is essential in the implementation of international agreements.
- Creating Legal Anomalies and Potential Deadlock
The decision to require the TPLF to register as a new political party creates significant legal anomalies and introduces the risk of a potential deadlock in the implementation of the Pretoria Agreement. The TPLF’s previous legal status as a political party, recognized during the negotiations, was integral to the agreement’s legitimacy. Nullifying this status raises serious questions about the legitimacy of the ongoing implementation process.
Method 2: Legal Uncertainty and Potential Deadlock
The Ethiopian Electoral Commission’s decision introduces a legal paradox: the original agreement’s signatory, the TPLF, no longer holds the same legal status, potentially leading to a deadlock. If the TPLF’s new registration is perceived as the formation of a different legal entity, the original agreement could be argued to have no valid signatory from the TPLF side. This situation could void the TPLF’s commitments and responsibilities under the agreement, creating a precarious legal situation that jeopardizes the entire peace process.
- Impact on the Negotiating Power and Balance
The recognition of the TPLF as a legitimate political entity was crucial to the balance of power during the Pretoria Agreement negotiations. By downgrading the TPLF’s status to that of a newly registered party, the Ethiopian government disrupts this balance, effectively weakening the TPLF’s position and calling into question the good faith of the government in implementing the agreement.
Method 3: Disruption of Negotiating Balance
The principle of equity in negotiations implies that both parties must retain their status and capabilities post-agreement to fulfill their obligations. By stripping the TPLF of its previous status and requiring it to register as a new party, the Ethiopian government undermines the parity of the original negotiations. This imbalance may invalidate the agreement or at least weaken its enforceability, as one party is no longer operating under the same legal and political conditions that were present during the negotiation.
- Implications for the Implementation of the Pretoria Agreement
The successful implementation of the Pretoria Agreement relies on the continuous participation of the original signatories under the same conditions that existed at the time of signing. Changing the TPLF’s legal status by requiring it to register as a new party creates a discontinuity, potentially leading to disputes over the validity of actions taken under the agreement. This could be exploited by either party to contest the legitimacy of the implementation process.
Method 4: Discontinuity and Disputes
The Ethiopian government’s refusal to reinstate the TPLF as a political party introduces a break in the continuity of the agreement’s implementation. This discontinuity could lead to legal challenges and disputes that may derail the peace process. The integrity of the Pretoria Agreement relies on the original signatories retaining their legal statuses; altering this status undermines the agreement’s stability and risks its collapse.
In conclusion, the Ethiopian government’s refusal to reinstate the TPLF’s political party license, instead requiring it to register as a new entity, constitutes a deliberate violation of the Pretoria Agreement. This action undermines the spirit and letter of the accord, creates legal anomalies, disrupts the balance of power between the negotiating parties, and jeopardizes the entire peace process. To uphold the principles of good faith and equity in international agreements, the Ethiopian Electoral Commission must reconsider its decision and reinstate the TPLF’s political party status. Failure to do so risks unraveling the Pretoria Agreement, potentially leading to renewed conflict and instability in Ethiopia.