position:usher

  • Meet Francis Malofiy, the Philadelphia Lawyer Who Sued Led Zeppelin
    https://www.phillymag.com/news/2019/02/11/francis-malofiy-led-zeppelin

    Francis Malofiy may be the most hated man in the Philadelphia legal community. He may also be on the cusp of getting the last laugh on rock’s golden gods.

    #droit_d_auteur #musique #plagiat

    • @sandburg Voillà

      Meet Francis Malofiy, the Philadelphia Lawyer Who Sued Led Zeppelin
      https://www.phillymag.com/news/2019/02/11/francis-malofiy-led-zeppelin

      People Laughed When This Philly Lawyer Sued Led Zeppelin. Nobody’s Laughing Now.

      Francis Malofiy may be the most hated man in the Philadelphia legal community. He may also be on the cusp of getting the last laugh on rock’s golden gods.

      By Jonathan Valania· 2/11/2019


      Philadelphia-area attorney Francis Malofiy. Photograph by Bryan Sheffield.

      The fact that Philadelphia barrister Francis Alexander Malofiy, Esquire, is suing Led Zeppelin over the authorship of “Stairway to Heaven” is, by any objective measure, only the fourth most interesting thing about him. Unfortunately for the reader, and the purposes of this story, the first, second and third most interesting things about Malofiy are bound and gagged in nondisclosure agreements, those legalistic dungeons where the First Amendment goes to die. So let’s start with number four and work our way backward.

      At the risk of stating the obvious, ladies and gentlemen of the jury, let the record show that “Stairway to Heaven” is arguably the most famous song in all of rock-and-roll, perhaps in all of popular music. It’s also one of the most lucrative — it’s estimated that the song has netted north of $500 million in sales and royalties since its 1971 release. Malofiy’s lawsuit, cheekily printed in the same druidic font used for the liner notes of the album Led Zeppelin IV, alleges that Jimmy Page and Robert Plant — Zep’s elegantly wasted guitarist/producer/central songwriter and leonine, leather-lunged lead singer, respectively — stole the iconic descending acoustic-guitar arpeggios of the first two minutes of “Stairway” from “Taurus,” a song with a strikingly similar chord pattern by a long-forgotten ’60s band called Spirit. At the conclusion of a stormy, headline-grabbing trial in 2016 that peaked with testimony from Page and Plant, the jury decided in Zep’s favor.

      When the copyright infringement suit was first filed in Philadelphia by Malofiy (pronounced “MAL-uh-fee”) on behalf of the Randy Craig Wolfe Trust — which represents the estate of Randy “California” Wolfe, the now-deceased member of Spirit who wrote “Taurus” — people laughed. Mostly at Malofiy. The breathless wall-to-wall media coverage the trial garnered often painted him as a loose-cannon legal beagle, one part Charlie Sheen, one part Johnnie Cochran. “Everybody kind of dismissed me as this brash young lawyer who didn’t really understand copyright law,” he says, well into the wee hours one night back in December, sitting behind a desk stacked four feet high with legal files in the dank, subterranean bunker that is his office.

      Hidden behind an unmarked door on the basement floor of a nondescript office building in Media, the law firm of Francis Alexander LLC is a pretty punk-rock operation. The neighbors are an anger management counselor and a medical marijuana dispensary. “I think of us as pirates sinking big ships,” Malofiy, who’s 41, brags. Given the sheer number of death threats he says he’s received from apoplectic Zep fans, the fact that mysterious cars seem to follow him in the night, and his claim to have found GPS trackers stuck to the bottom of his car, the precise location of his offices remains a closely guarded secret. Failing that, he has a license to carry, and most days, he leaves the house packing a .38-caliber Smith & Wesson.

      While most lawyers are sleeping, Malofiy is working through the night to defeat them, often until sunrise, fueled by an ever-present bottle of grape-flavored Fast Twitch as he chain-chews Wrigley’s Spearmint gum and huffs a never-ending string of Marlboro menthols. We’ve been talking on the record for going on eight hours, and Malofiy shows no signs of fading; in fact, he’s just announced the arrival of his third wind.

      He has a pretty good ‘fuck you’ attitude that comes from an inner confidence. He might have had a little too much early on,” attorney Jim Beasley Jr. says of Malofiy. “If you piss the judge off with your pirate act, the judge can make it difficult for you. Sometimes you could avoid all that by not swinging your pirate sword around.

      Talk turns to the distinctly pro-Zep tenor of the media coverage of the “Stairway” trial. “I was a punch line for jokes,” he says, spitting his gum into a yellow Post-it and banking it into the trash for, like, the 42nd time. Nobody’s laughing now, least of all Page and Plant. Nor, for that matter, is Usher. Back in October, at the conclusion of a dogged seven-year legal battle marked by a bruising string of dismissals and sanctions, Malofiy won a $44 million verdict — one of the largest in Pennsylvania in 2018 — for a Philadelphia songwriter named Daniel Marino who sued his co-writers after being cut out of the songwriting credits and royalties for the song “Bad Girl” from the R&B heartthrob’s 2004 breakout album, Confessions, which sold more than 10 million copies.

      Also, in late September of last year, the U.S. Ninth Circuit Court of Appeals ruled in favor of Malofiy’s appeal of the 2016 “Stairway to Heaven” verdict and ordered a new trial on the grounds that the court “abused its discretion” when the judge refused to allow Malofiy to play a recording of “Taurus” for the jury. (Members were only allowed to hear an acoustic-guitar rendition played from sheet music.) The retrial is expected to begin in the next year, and Page and Plant, along with bassist John Paul Jones, are again anticipated to take the stand. Copyright experts say Led Zeppelin — which has a long history of ripping off the ancient riffs and carnal incantations of wizened Delta bluesmen and only giving credit when caught — should be worried.

      Malofiy, who calls Zep “the greatest cover band in all of history,” will go to trial armed with reams of expert testimony pinpointing the damning similarities between the two songs — not just the nearly identical and atypical chord pattern, but the shared melodic figurations, choice of key and distinctive voicings. He’ll also show the jury that Page and Plant had ample opportunity to hear “Taurus” when Zep opened for Spirit on their first American tour in 1968, two years before they wrote and recorded “Stairway.”

      “Most big companies rely on the concept of wearing you down, forcing you to do so much work it literally drives you broke,” says Glen Kulik, a heavy-hitter L.A.-based copyright lawyer who signed on as Malofiy’s local counsel when the Zep case was moved to federal court in California. “If you have any chance of standing up to them, it’s going to require an incredible amount of persistence, confidence, and quite a bit of skill as well, and Francis has all those things in spades.” And Kulik would know, having successfully argued a landmark copyright infringement case before the Supreme Court in 2014 that paved the way for the Zeppelin suit.


      Francis Malofiy. Photograph by Bryan Sheffield.

      Ultimately, Malofiy doesn’t have to prove Led Zeppelin stole Spirit’s song; he just has to convince a jury that’s what happened. Assuming the trial goes forward — and that this time, he’s allowed to play recordings of both songs for the jury — there will be blood. Because contrary to his hard-won rep as a bull in the china shop of civil litigation, Malofiy possesses a switchblade-sharp legal mind, an inexhaustible work ethic, and a relentless, rock-ribbed resolve to absorb more punches than his opponents can throw. He’s a ruthlessly effective courtroom tactician with a collection of six-, seven- and eight-figure verdicts, not to mention the scalps of opposing counsel who underestimated his prowess. “I don’t plink pigeons; I hunt lions and tigers and bears,” he says. The big game he’s targeted in the past decade include deep-pocketed transnational corporations like Volvo (an epic seven-year case that ended in an undisclosed settlement) and Hertz (against whom he won a $100,000 verdict).

      In the arena of civil litigation, where the odds are increasingly stacked against plaintiffs, Malofiy claims to have never lost a jury trial, and that appears to be true. “I have lost twice — in the Zeppelin case and a lawsuit against Volvo — but got both decisions reversed on appeals,” he says, unsheathing a fresh stick of Wrigley’s. “Now, the same people that were asking me for years why I’m doing it are asking me how I did it.”

      If Malofiy prevails in the coming “Stairway” retrial, he’ll completely shatter the Tolkien-esque legend of the song’s immaculate conception — that it was birthed nearly in toto during a mystical retreat at a remote Welsh mountain cottage called Bron-yr-aur, to which many a starry-eyed Zep disciple has made a pilgrimage once upon a midnight clear when the forests echo with laughter. It will be like proving that da Vinci didn’t paint the Mona Lisa, that Michelangelo didn’t sculpt David. Barring a last-minute settlement, many legal and copyright experts predict that Malofiy may well emerge victorious, and credit for the most famous rock song in the world will pass from the self-appointed Golden Gods of Led Zeppelin to some obscure, long-forgotten (and not even very good) West Coast psych band, along with tens of millions in royalties, effectively rewriting the sacred history of rock-and-roll. And the man who will have pulled off this fairly miraculous feat of judicial jujitsu is the enfant terrible of Philadelphia jurisprudence.

      Malofiy hates wearing a suit and tie. Outside the courtroom, he dresses like a rock star masquerading as a lawyer: a crushable black trilby perched at a jaunty angle atop a blue bandana, a collarless black and orange leather Harley jacket, and a pair of beat-to-fuck brown Wesco boots, unlaced. “I’m always in jeans and boots when I meet new clients,” he says. “I warn them up front: ‘If you want a fancy lawyer in a suit, you should go elsewhere.’”

      The barrier to entry for new clients at Francis Alexander LLC is steep, because Malofiy doesn’t take on new cases so much as he adopts new causes. A case has to register on a deeply personal level if he’s going to eat, sleep, and fight to the death for it for the next five to seven years.

      “Lawyers have an ethical responsibility to advocate zealously for their clients,” says attorney Max Kennerly, who’s worked with Malofiy on a number of cases. “But frankly, in this business, a lot of lawyers play the odds and just do a ‘good enough’ job on a bunch of cases. Sometimes they win, and sometimes they lose. Francis really throws himself into his cases.”

      After 10 years of struggle, things finally seem to be breaking Malofiy’s way. Fat checks from cases settled long ago are rolling in, alleviating some fairly crippling cash-flow issues, and big cases just keep falling out of the sky — more than his two-lawyer outfit can field. They need to staff up, stat. Malofiy wants to hire some young bucks fresh out of law school — preferably Temple — as force multipliers in his quest to hold the powerful accountable on behalf of the powerless. “Most kids in law school right now will never see the inside of a courtroom,” he says. “Law schools don’t want to teach you how to change the system; they want to load you up with debt so you have to go do grunt work for some corporate law firm that specializes in maintaining the status quo.”


      Francis Malofiy. Photograph by Bryan Sheffield.

      Malofiy doesn’t have a website. He doesn’t do social media. He doesn’t trawl the watering holes of the rich and powerful. He doesn’t even have a business card. Thanks to the notoriety and name recognition that came with the Zeppelin trial, new clients chase him. He just got off the phone with a Brooklyn puppet maker who wants him to sue the band Fall Out Boy for alleged misuse of two llamas — Frosty and Royal Tea — that it created. Right now, he’s on a conference call with a trio of British songwriters who want Malofiy to sue the Weeknd for allegedly lifting a key section of their song “I Need to Love” for a track called “A Lonely Night” on his 2016 Starboy album, which has sold more than three million copies to date.

      “Why are you guys calling me?” he asks.

      “We’re looking for an honest person fighting for ordinary working people,” says Billy Smith, one of the Brit songwriters in question. Malofiy clearly likes the sound of that. After thinking it over for a few moments, he tells them he’ll take their case and gives them his standard new-client spiel. “I can’t promise we’ll win, but I can promise I won’t turn yellow when things turn bad. I won’t put my tail between my legs and run,” he says. “If there is any bad news, you will hear it from me first.”

      His teeth have been bothering him for days, and near the end of the call, one of his dental caps comes loose. He spits it out, and it skitters across his desk before he traps it under his palm. Most lawyers would be mortified. Malofiy thinks it’s hilarious. “I got teeth like you people,” he says to the Brits. Everybody laughs.

      Many people mistake Malofiy’s unconventionality as a design flaw when it’s actually a feature. “I think that’s an incredibly important part of what makes him so good as an attorney,” says A.J. Fluehr, 33, Malofiy’s right-hand man, co-counsel and, though eight years his boss’s junior, voice of reason. “Because he’s so unorthodox, I believe it causes a lot of other attorneys to underestimate him and think, ‘Oh, he’s not serious; he doesn’t know what he’s doing.’ All of sudden, there’s a massively serious case against them.”

      Even some of the defense lawyers who’ve done battle with Malofiy begrudgingly acknowledge his chops. “I’ve known Francis for four years now. He is difficult to deal with but a fierce advocate for his clients and his cause,” says Rudolph “Skip” DiMassa, a partner at Duane Morris. “Calling him ‘abrasive’ would be putting it mildly. But he wears it like a badge of honor that he is not like all the other lawyers in town.”

      When I read that and similar assessments from other lawyers back to Malofiy, he chalks them up to blowback for the heresy of Robin Hooding a corrupt status quo. “I have a target on my back because I sue big corporations, politicians, big law firms. Hell, I sued DA Seth Williams,” he says one night at the Irish Pub, as he’s nursing a screwdriver he’ll chase with a root beer. “When you start stepping on toes and suing the wrong people and get a few million shifted from those who have it to those who don’t — that’s where the change happens; that’s where you make a difference. And there is a price you have to pay for that.”

      According to family lore, Francis Malofiy’s maternal grandfather was murdered by Nazis in occupied Greece; his great-grandmother had to cut the body down from a tree and carry it home on the back of a mule. Concurrently, his paternal grandfather was murdered by Nazis in Ukraine, while his father and grandmother were frog-marched to camps in Germany. Some things can never be forgotten or forgiven. That’s why Malofiy is always kicking against the pricks. A slight child, he was often bullied at school, and after a brief experiment with turning the other cheek, he started fighting back. Hard. He recalls the day that a bully was picking on a girl half his size; young Francis cold-cocked him and threw him into a closet door. The kid had to be taken out on a stretcher. After that, the bullies moved on to easier prey. “I was always fighting for the little guy, even back then,” he says.

      In the third grade, friends turned him on to Poison’s Look What the Cat Dragged In and Bon Jovi’s Slippery When Wet, indelibly imprinting the spandexed bikers-and-strippers aesthetic of ’80s hair-metal onto his psyche. He started channeling the energy he once put into beating back bullies into beating the drums. One day in the sixth grade, he came home to tell his dad about a band all the kids were into: “The Led Zeppelins.”

      “He said, ‘No, son, it’s just Led Zeppelin.’”

      “No, I’m pretty sure it’s the Led Zeppelins.”

      So his father, who’d seen the band at the Electric Factory, drove Francis to the record store at the Granite Run Mall, where the clerks set him straight. His father bought the four-cassette Zep box set that had just come out. On the way home, Malofiy heard “Whole Lotta Love” for the first time, and before the song even ended, it was official: Led Zeppelin was his favorite band. When he was in high school, his drum teacher gently broke the news that Zep didn’t exactly, um, write all their own music — that key parts of their iconic songs had been cherry-picked from old, obscure blues recordings. “I said, ‘C’mon, don’t talk shit about Jimmy Page!’” Malofiy recalls. Then his teacher played him the Willie Dixon-penned Muddy Waters track “You Need Love” — which is what “Whole Lotta Love” was called before Zep hijacked the lyrics and the riff and Frankensteined them into the gloriously scuzzy heavy-metal Viking porno movie for the ears we’ve come to know and love. It was hard for Francis to process, and even harder when he was tipped to the uncanny similarity between Spirit’s “Taurus” and “Stairway.” Still, the spell Zep cast over him remained unbroken.


      Francis Malofiy. Photograph by Bryan Sheffield.

      As a young teenager, he built go-karts, dirt bikes and small-block Chevys. To make spending money for guitars and records, he started buying beater cars, fixing them up, and flipping them for quadruple what he paid for them. He almost didn’t graduate from high school because he’d played hooky too many times, to go fishing or work on cars or play guitar. When he finally got his high-school diploma, he raced home from school to show his mother in his Chevy S-10 lowrider. Tearing ass on the backcountry roads of Media, he blew past a cop who immediately lit up his cherry top and gave pursuit. Soon, one cop car became two, then three, until there were five cars tailing him.

      Much to his parents’ dismay, his run-ins with the law became common. They were never for anything all that serious, just the usual teen-rebel monkeyshines: fighting, speeding, the occasional high-speed car chase. He got a big wake-up call in 1998 when his beloved Uncle Nick — a.k.a. Nicholas “The Greek” Vasiliades — was handed a life sentence for running a high-volume meth lab in a warehouse in Manayunk that supplied the drug networks of the Pagans and the Mafia, as well as for his 50-gun arsenal of illegal weaponry. Malofiy was devastated. “I was going down a bad path,” he says. “My uncle pulled me aside and said, ‘You’re smart enough to do it the right way. You need to step away.’”

      Malofiy took the warning to heart and focused on getting a college education, graduating from Penn State in 2000 with a degree in finance. After college, he went back home to Media and his true loves: cars, girls and heavy metal. With a revolving cast of musicians, he formed multiple go-nowhere suburban hard-rock bands with cringe-y names like Prada G and Sluts ’n Slayers. Unimpressed, his parents urged him to enroll in law school. Eventually he relented, forging this pact: He would go to law school if he: a) could do whatever he wanted with the unfinished basement of his parents’ home (i.e., build a high-end recording-studio-cum-man-cave tricked out with a kitchen, bedroom and bathroom); and b) nobody hassled him about having long hair, rocking out and chasing girls. Deal. Malofiy took the LSATs and scored just south of 160 — hardly off the charts, but good enough to get into Temple, where he found himself drawn to copyright law.

      He graduated from law school in December of 2007 and took the bar exam the following July. On the night of August 16, 2008, he stopped into the Liberty Bar at 22nd and Market with his then-girlfriend. It was crowded, but they found a table in the back. After ordering drinks, they started getting static from a group of three young men in ball caps and white t-shirts. “Three drunken jerkoffs, white privilege out the ass,” says Malofiy. According to Malofiy’s testimony, the trio mocked his bandana and called him “cunt,” “pussy” and a “dirty spic.” (It was summer; Malofiy was tan.) According to Malofiy, at some point the men apologized and the situation seemed defused, but then one of them grabbed Malofiy’s girlfriend’s ass. “I said, ‘That’s it. Follow me out,’ and made for the door,” Malofiy says, but he was blocked by a member of the group. As they stood chest-to-chest, Malofiy says, the man struck him twice. Finally, Malofiy, who boxed in college, unloaded with a right cross that landed squarely on the guy’s left cheekbone, shattering the glass still clenched in Malofiy’s fist.

      The man suffered a deep gash in his cheek that would require 150 stitches and reconstructive surgery. Malofiy nearly severed the tendons in his thumb. Bleeding profusely, he had his girlfriend drive him to the emergency room at Penn Presby to get stitched up and then to Central Detectives to file a criminal complaint.

      Two months later, in October, notice came in the mail that he had passed the bar. His mother was ecstatic and insisted on driving him to the Pittsburgh office of the Prothonotary of the Supreme Court of Pennsylvania immediately to obtain his law license rather than wait two weeks for the formal ceremony. When they got home the next day, Malofiy got a call from Central Detectives, who said they had a “body warrant” for his arrest on aggravated assault and related charges stemming from the Liberty Bar fight. The next day, he turned himself in and spent a night in jail awaiting a bail hearing. Had he not gone to Pittsburgh at his mother’s behest, it’s unlikely he’d have gotten his law license with a felony arrest on his record.

      Malofiy’s first case as a newly minted lawyer would involve defending a client staring down decades in prison if convicted: himself. Heeding the maxim that a man who is his own lawyer has a fool for a client, Malofiy hired Sam Stretton, one of the most respected criminal defense attorneys in the city. Malofiy took the stand and delivered an impassioned defense of his actions. “He had already hit me twice, blocked my exit-way,” he testified. “I was scared for my safety and my girlfriend’s safety, and his friends had just yelled ‘Fight!’ and came up to me with fists drawn. I thought I had no other option.” The jury found him not guilty on all charges.

      “Welcome to Hogwarts,” Malofiy jokes as he shows me around the vast oak and stained-glass room that houses the law library at the Beasley Firm, possibly the most fearsome and feared personal-injury law firm in the city, where he worked, in an of-counsel capacity, from 2012 to 2014.

      Fresh out of law school and still wet behind the ears, Malofiy showed up one day in search of mentoring. Granted an audience with Jim Beasley Jr., one of the most successful plaintiff’s attorney in the city, Malofiy ended up with a promise of rent-free office space, the phone extension 666, and a commitment to help finance some of the highly ambitious cases he was mounting — a product-liability suit against Volvo, and a breach-of-contract suit, against a marble manufacturer that had screwed his client out of an ownership share, that resulted in a $4.2 million verdict — not to mention the Usher case. “Jim was like, ‘I keep getting calls from defense lawyers saying That kid’s the fucking devil, so you must be doing something right,’” Malofiy recalls.

      During Malofiy’s tenure at Beasley, he took out a controversial full-page ad in this magazine that depicted him crashing through a courtroom in a hot rod, looking every bit James Dean in Rebel Without a Cause. Many members of Philadelphia’s uptight, buttoned-down legal community thought it was disrespectful. “Everyone was outraged, but I thought it was funny,” says Beasley. “He has a pretty good ‘fuck you’ attitude that comes from an inner confidence. He might have had a little too much of that early on, but I think he’s throttled back a bit. So many of a judge’s decisions are ties and jump-balls that are not reversible, and if you piss the judge off with your pirate act, the judge can make it difficult for you. Sometimes you could avoid all that by not swinging your pirate sword around.”

      Malofiy has learned this the hard way. In 2015, a three-judge panel voted to suspend his license to practice law in U.S. District Court in the Eastern District of Pennsylvania for improper conduct in the Usher case — despite the fact that the special prosecutor recommended what amounted to a slap on the wrist: a reprimand.

      “It’s highly unusual that they would disregard the disciplinary recommendations of the special prosecutor after he has heard the facts,” says Stretton. The matter is currently on appeal before the Third Circuit.

      At Malofiy’s insistence, I’ve been tailing him for the better part of a month: from a big-dollar NDA’d settlement in a judge’s quarters, to a Port Richmond dive bar called Chuckles, to a Bucks County gun shop where he plunked down $1,729 for a handsome Benelli shotgun (a gift for his right-hand man Fluehr), to a back-alley strip bar in Center City and the disused factory under the Commodore Barry Bridge that he’s purchased and plans to renovate into office space, living quarters and a beer garden. I watched him hide his $82,000 Land Rover from the repo man (“It’s all a misunderstanding”) and then, days later, saw a pile of white letter-size envelopes stacked on his desk, each containing what looked to be thousands in cash. What I have come to learn is this: When you write about lawyers, there is so much you can’t write about lawyers.

      Malofiy slowly, methodically and unflinchingly parceled out the most personal details of his backstory — the good, the bad and the ugly — as I incrementally earned his trust. But always on his timetable, not mine. It could be exasperating, but by the end, I discovered the method to his madness: He’d been pacing his revelations as he would a trial presentation. And now we’re reaching the crescendo of his closing argument — the big reveal.


      Francis Malofiy. Photograph by Bryan Sheffield.

      It’s a few clicks shy of midnight at Malofiy’s house in Media on a Sunday night shortly before Christmas. In the morning, he’s jetting off to an auction in London to bid on the Helios recording console that captured “Stairway to Heaven” for the ages. (Malofiy, true to form, won’t confirm that he won or lost the auction.) Though he’s been locked in a nasty four-year legal fight with Led Zeppelin, they’re still his favorite band.

      Malofiy called to insist that I come to his house tonight. “Why? What for?” I demanded. He said he wanted to show me something I could only see there. I begged off, explaining that this article was due in the morning and I already had more than I could use. But he insisted, promising it would be worth my while. He doesn’t disappoint. He tells me to open the freezer. There’s a bottle of Tito’s vodka, an ice tray, and half a lemon on a plate with a yellow plastic knife. “That’s the lemon Robert Plant squeezed into his tea when we deposed him in London back in 2016,” he claims. This is deeply ironic and, if you’re acquainted with the role lemons play in Plant’s legend, cosmically hilarious. One of Led Zeppelin’s most infamous tracks is “The Lemon Song,” a sultry blooze ramble from 1969’s deathless Led Zeppelin II stitched together from pieces of Howlin’ Wolf’s “Killing Floor” and Robert Johnson’s “Travelling Riverside Blues.” (Zep settled a 1972 copyright suit over the Howlin’ Wolf portion of the song.) In the fifth verse, Plant sings:

      Squeeze me baby, till the juice runs down my leg
      The way you squeeze my lemon, ah
      I’m gonna fall right out of bed

      By swiping that lemon rind at the deposition, Malofiy stole Robert Plant’s metaphoric penis the way Prometheus stole fire from the gods. Zep famously invoked the mythic “Hammer of the Gods” from Norse legend. For Jimmy Page, that hammer was his guitar, but for Plant it was his, um, mighty lemon tree.

      Incredible though it may seem, Malofiy says he’s kept the lemon on ice for the past three years and had it in his briefcase like a talisman when he gave oral arguments for what proved to be his successful appeal of the 2016 “Stairway” verdict. He has every intention of taking it to the retrial that will, barring unforeseen developments, commence in the next year.

      “Robert Plant is always going on about his lemon, and at the deposition he made a big deal out of slicing it up and squeezing it into his tea and then sucking on the rind,” he says with a cat-who-ate-the-canary grin. “Jimmy Page famously dabbled in black magic and was always going on about Aleister Crowley, and I said to myself, ‘If they are going to use black magic to try to beat me on technicalities — well, two can play at that game.’”

      Published as “The Devil’s Advocate” in the February 2019 issue of Philadelphia magazine.

  • Eritrea-Etiopia – Si tratta la pace ad Addis Abeba

    Una delegazione eritrea di alto livello è arrivata in Etiopia per il primo round di negoziati di pace in vent’anni. Il ministro degli Esteri eritreo Osman Sale è stato accolto in aeroporto dal neo premier etiopico Abiy Ahmed che, ai primi di giugno, ha sorpreso il Paese dichiarando di accettare l’Accordo di pace del 2000 che poneva fine alla guerra con l’Eritrea.

    L’Accordo, nonostante la fine dei combattimenti nel 2000, non è mai stato applicato e i rapporti tra i due Paesi sono rimasti tesi. Etiopia ed Eritrea non hanno relazioni diplomatiche e negli ultimi anni ci sono stati ripetute schermaglie militari al confine.


    https://www.africarivista.it/eritrea-etiopia-si-tratta-la-pace-ad-addis-abeba/125465
    #paix #Ethiopie #Erythrée #processus_de_paix

    • Peace Deal Alone Will Not Stem Flow of Eritrean Refugees

      The detente with Ethiopia has seen Eritrea slash indefinite military conscription. Researcher Cristiano D’Orsi argues that without a breakthrough on human rights, Eritreans will still flee.

      Ethiopia and Eritrea have signed a historic agreement to end the 20-year conflict between the two countries. The breakthrough has been widely welcomed given the devastating effects the conflict has had on both countries as well as the region.

      The tension between the two countries led to Eritrea taking steps that were to have a ripple effect across the region – and the world. One in particular, the conscription of young men, has had a particularly wide impact.

      Two years before formal cross-border conflict broke out in 1998, the Eritrean government took steps to maintain a large standing army to push back against Ethiopia’s occupation of Eritrean territories. Initially, troops were supposed to assemble and train for a period of 18 months as part of their national service. But, with the breakout of war, the service, which included both military personnel and civilians, was extended. All Eritrean men between the ages of 18–50 have to serve in the army for more than 20 years.

      This policy has been given as the reason for large numbers of Eritreans fleeing the country. The impact of the policy on individuals, and families, has been severe. For example, there have been cases of multiple family members being conscripted at the same time. This denied them the right to enjoy a stable family life. Children were the most heavily affected.

      It’s virtually impossible for Eritreans to return once they have left as refugees because the Eritrean government doesn’t look kindly on repatriated returnees. Those who are forced to return to the country face persecution and human rights abuses.

      In 2017, Eritreans represented the ninth-largest refugee population in the world with 486,200 people forcibly displaced. By May 2018, Eritreans represented 5 percent of the migrants who disembarked on the northern shores of the Mediterranean.

      Things look set to change, however. The latest batch of national service recruits have been told their enlistment will last no longer than 18 months. The announcement came in the midst of the dramatic thawing of relations between Ethiopia and Eritrea. It has raised hopes that the service could be terminated altogether.

      With that said, it remains to be seen whether the end of hostilities between the two countries will ultimately stem the flow of Eritrean refugees.

      It’s virtually impossible for Eritreans to return once they have left as refugees because the Eritrean government doesn’t look kindly on repatriated returnees. Those who are forced to return to the country face persecution and human rights abuses.

      The Eritrean government’s hardline position has led to changes in refugee policies in countries like the UK. For example, in October 2016, a U.K. appellate tribunal held that Eritreans of draft age who left the country illegally would face the risk of persecution and abuse if they were involuntarily returned to Eritrea.

      This, the tribunal said, was in direct violation of the European Convention on Human Rights. As a result, the U.K.’s Home Office amended its immigration policy to conform to the tribunal’s ruling.

      Eritrean asylum seekers haven’t been welcome everywhere. For a long time they were persona non grata in Israel on the grounds that absconding national service duty was not justification for asylum. But in September 2016, an Israeli appeals court held that Eritreans must be given the chance to explain their reasons for fleeing at individual hearings, overruling an interior ministry policy that denied asylum to deserters.

      The situation is particularly tense for Eritreans in Israel because they represent the majority of African asylum seekers in the country. In fact, in May 2018, Israel and the United Nations refugee agency began negotiating a deal to repatriate African asylum seekers in western countries, with Canada as a primary destination.

      An earlier deal had fallen through after public pressure reportedly caused Prime Minister Benjamin Netanyahu to back out of it.

      Eritreans living as refugees in Ethiopia have been welcomed in Australia where they are one among eight nationalities that have access to a resettlement scheme known as the community support program. This empowers Australian individuals, community organizations and businesses to offer Eritrean refugees jobs if they have the skills, allowing them to settle permanently in the country.

      The government has always denied that conscription has anything to do with Eritreans fleeing the country. Two years ago it made it clear that it would not shorten the length of the mandatory national service.

      At the time officials said Eritreans were leaving the country because they were being enticed by certain “pull factors.” They argued, for example, that the need for low cost manpower in the West could easily be met by giving asylum to Eritreans who needed just to complain about the National Service to obtain asylum.

      But change is on the cards. After signing the peace deal with Ethiopia, Eritrea has promised to end the current conscription regime and announcing that national service duty will last no more than 18 months.

      Even so, the national service is likely to remain in place for the foreseeable future to fulfil other parts of its mandate which are reconstructing the country, strengthening the economy, and developing a joint Eritrean identity across ethnic and religious lines.

      Eritrea is still a country facing enormous human rights violations. According to the last Freedom House report, the Eritrean government has made no recent effort to address these. The report accuses the regime of continuing to perpetrate crimes against humanity.

      If Eritrea pays more attention to upholding human rights, fewer nationals will feel the need to flee. And if change comes within Eritrean borders as fast as it did with Ethiopia, a radical shift in human rights policy could be in the works.

      https://www.newsdeeply.com/refugees/community/2018/08/09/peace-deal-alone-will-not-stem-flow-of-eritrean-refugees

      #asile #réfugiés

    • Eritrea has slashed conscription. Will it stem the flow of refugees?

      Ethiopia and Eritrea have signed an historic agreement to end the 20-year conflict between the two countries. The breakthrough has been widely welcomed given the devastating effects the conflict has had on both countries as well as the region.

      The tension between the two countries led to Eritrea taking steps that were to have a ripple effect across the region – and the world. One in particular, the conscription of young men, has had a particularly wide impact.

      Two years before formal cross border conflict broke out in 1998, the Eritrean government took steps to maintain a large standing army to push back against Ethiopia’s occupation of Eritrean territories. Initially, troops were supposed to assemble and train for a period of 18 months as part of their national service. But, with the breakout of war, the service, which included both military personnel and civilians, was extended. All Eritrean men between the ages of 18 – 50 have to serve in the army for more than 20 years.

      This policy has been given as the reason for large numbers of Eritreans fleeing the country. The impact of the policy on individuals, and families, has been severe. For example, there have been cases of multiple family members being conscripted at the same time. This denied them the right to enjoy a stable family life. Children were the most heavily affected.

      In 2017, Eritreans represented the ninth-largest refugee population in the world with 486,200 people forcibly displaced. By May 2018 Eritreans represented 5% of the migrants who disembarked on the northern shores of the Mediterranean.

      Things look set to change, however. The latest batch of national service recruits have been told their enlistment will last no longer than 18 months. The announcement came in the midst of the dramatic thawing of relations between Ethiopia and Eritrea. It has raised hopes that the service could be terminated altogether.

      With that said, it remains to be seen whether the end of hostilities between the two countries will ultimately stem the flow of Eritrean refugees.
      The plight of Eritrean refugees

      It’s virtually impossible for Eritreans to return once they have left as refugees because the Eritrean government doesn’t look kindly on repatriated returnees. Those who are forced to return to the country face persecution and human rights abuses.

      The Eritrean government’s hard line position has led to changes in refugee policies in countries like the UK. For example, in October 2016 a UK appellate tribunal held that Eritreans of draft age who left the country illegally would face the risk of persecution and abuse if they were involuntarily returned to Eritrea.

      This, the tribunal said, was in direct violation of the European Convention on Human Rights. As a result, the UK’s Home Office amended its immigration policy to conform to the tribunal’s ruling.

      Eritrean asylum seekers haven’t been welcome everywhere. For a long time they were persona non grata in Israel on the grounds that absconding national service duty was not justification for asylum. But in September 2016 an Israeli appeals court held that Eritreans must be given the chance to explain their reasons for fleeing at individual hearings, overruling an interior ministry policy that denied asylum to deserters.

      The situation is particularly tense for Eritreans in Israel because they represent the majority of African asylum-seekers in the country. In fact, in May 2018, Israel and the United Nations refugee agency began negotiating a deal to repatriate African asylum-seekers in western countries, with Canada as a primary destination.

      An earlier deal had fallen through after public pressure reportedly caused Prime Minister Benjamin Netanyahu to back out of it.

      Eritreans living as refugees in Ethiopia have been welcomed in Australia where they are one among eight nationalities that have access to a resettlement scheme known as the community support programme. This empowers Australian individuals, community organisations and businesses to offer Eritrean refugees jobs if they have the skills, allowing them to settle permanently in the country.
      The future

      The government has always denied that conscription has anything to do with Eritreans fleeing the country. Two years ago it made it clear that it would not shorten the length of the mandatory national service.

      At the time officials said Eritreans were leaving the country because they were being enticed by certain “pull factors”. They argued, for example, that the need for low cost manpower in the West could easily be met by giving asylum to Eritreans who needed just to complain about the National Service to obtain asylum.

      But change is on the cards. After signing the peace deal with Ethiopia, Eritrea has promised to end the current conscription regime and announcing that national service duty will last no more than 18 months.

      Even so, the national service is likely to remain in place for the foreseeable future to fulfil other parts of its mandate which are reconstructing the country, strengthening he economy, and developing a joint Eritrean identity across ethnic and religious lines.

      Eritrea is still a country facing enormous human rights violations. According to the last Freedom House report, the Eritrean government has made no recent effort to address these. The report accuses the regime of continuing to perpetrate crimes against humanity.

      If Eritrea pays more attention to upholding human rights, fewer nationals will feel the need to flee. And if change comes within Eritrean borders as fast as it did with Ethiopia, a radical shift in human rights policy could be in the works.

      https://theconversation.com/eritrea-has-slashed-conscription-will-it-stem-the-flow-of-refugees-

      #conscription #service_militaire #armée

    • Out of Eritrea: What happens after #Badme?

      On 6 June 2018, the government of Ethiopia announced that it would abide by the Algiers Agreement and 2002 Eritrea-Ethiopian Boundary Commission decision that defined the disputed border and granted the border town of Badme to Eritrea. Over the last 20 years, Badme has been central to the dispute between the two countries, following Ethiopia’s rejection of the ruling and continued occupation of the area. Ethiopia’s recently appointed Prime Minister Abiy Ahmed acknowledged that the dispute over Badme had resulted in 20 years of tension between the two countries. To defend the border areas with Ethiopia, in 1994 the Eritrean government introduced mandatory military service for all adults over 18. Eritrean migrants and asylum seekers often give their reason for flight as the need to escape this mandatory national service.

      Since 2015, Eritreans have been the third largest group of people entering Europe through the Mediterranean, and have the second highestnumber of arrivals through the Central Mediterranean route to Italy. According to UNHCR, by the end of 2016, 459,390 Eritreans were registered refugees in various countries worldwide. Various sources estimate Eritrea’s population at 5 million people, meaning that approximately 10% of Eritrea’s population has sought refuge abroad by 2016.
      Mandatory military service – a driver of migration and displacement

      As data collection from the Mixed Migration Centre’s Mixed Migration Monitoring Mechanism Initiative (4Mi) shows, 95% of Eritrean refugees and migrants surveyed gave fear of conscription into national service as their main reason for flight out of Eritrea. Men and women from 18 to 40 years old are required by law to undertake national service for 18 months — including six months of military training followed by 12 months’ deployment either in military service or in other government entities including farms, construction sites, mines and ministries.
      In reality, national service for most conscripts extends beyond the 18 months and often indefinite. There are also reported cases of children under 18 years old being forcefully recruited. Even upon completion of national service, Eritreans under the age of 50 years may been enrolled in the Reserve Army with the duty to provide reserve military service and defend the country from external attacks or invasions.

      According to Human Rights Watch, conscripts are subject to military discipline and are harshly treated and earn a salary that often ranges between USD 43 – 48 per month. The length of service is unpredictable, the type of abuse inflicted on conscripts is at the whim of military commanders and the UN Commission of inquiry on human rights in Eritrea reported on the frequent sexual abuse of female conscripts. Eritrea has no provision for conscientious objection to national service and draft evaders and deserters if arrested are subjected to heavy punishment according to Amnesty International, including lengthy periods of detention, torture and other forms of inhuman treatment including rape for women. For those who escape, relatives are forced to pay fines of 50,000 Nakfa (USD 3,350) for each family member. Failure to pay the fine may result in the arrest and detention of a family member until the money is paid which further fuels flight from Eritrea for families who are unable to pay the fine.

      The government of Eritrea asserts that compulsory and indefinite national service is necessitated by continued occupation of its sovereign territories citing Ethiopia as the main threat. In its response to the UN Human Rights Council Report that criticised Eritrea for human rights violations including indefinite conscription, Eritrea stated that one of its main constraints to the fulfilment of its international and national obligations in promoting and protecting human rights and fundamental freedoms is the continued occupation of its territory by Ethiopia.

      In 2016, Eritrea’s minister for Information confirmed that indefinite national service would remain without fundamental changes even in the wake of increased flight from the country by citizens unwilling to undertake the service. The Minister went on to state that Eritrea would contemplate demobilization upon the removal of the ‘main threat’, in this case Eritrea’s hostile relationship with Ethiopia. Eritrea and Ethiopia have both traded accusations of supporting opposition/militia groups to undermine each other both locally and abroad. If the relations between the countries turn peaceful, this could potentially have an impact on Eritrean migration, out of the country and out of the region.

      In the absence of hostilities and perceived security threats from its neighbour, it is possible that Eritrea will amend – or at least be open to start a dialogue about amending – its national service (and military) policies from the current mandatory and indefinite status, which has been one of the major root causes of the movement of Eritreans out of their country and onwards towards Europe. Related questions are whether an improvement in the relations with Ethiopia could also bring an immediate or longer term improvement in the socio-economic problems that Eritrea faces, for example through expanded trade relations between the two countries? Will this change usher in an era of political stability and an easing of military burdens on the Eritrean population?
      A possible game changer?

      The border deal, if it materialises, could at some time also have serious implications for Eritrean asylum seekers in Europe. Eritreans applying for asylum have relatively high approval rates. The high recognition rate for Eritrean asylum seekers is based on the widely accepted presumptionthat Eritreans who evade or avoid national service are at risk of persecution. In 2016 for example, 93% of Eritreans who sought asylum in EU countries received a positive decision. This recognition rate was second to Syrians and ahead of Iraqis and Somalis; all countries that are in active conflict unlike Eritrea. If the government of Eritrea enacts positive policy changes regarding conscription, the likely effect could be a much lower recognition rate for Eritrean asylum seekers. It is unclear how this would affect those asylum seekers already in the system.

      While Eritreans on the route to Europe and in particular those arriving in Italy, remain highly visible and receive most attention, many Eritreans who leave the country end up in refugee camps or Eritrean enclaves in neighbouring countries like Sudan and Ethiopia or further away in Egypt. After they flee, most Eritreans initially apply for refugee status in Ethiopia’s and Sudan’s refugee camps. As Human Rights Watch noted in 2016, the Eritrean camp population generally remains more or less stable. While many seek onward movements out of the camps, many refugees remain in the region. With these potentially new developments in Eritrea, will the Eritreans in Sudan, Ethiopia and other neighbouring countries feel encouraged or compelled to return at some, or will they perhaps be forced to return to Eritrea?
      What’s next?

      Conservative estimates in 2001 put the cost of the war between Eritrea and Ethiopia at USD 2.9 billion in just the first three years. This has had an adverse effect on the economies of the two countries as well as human rights conditions. In 2013, Eritrea expressed its willingness to engage in dialogue with Ethiopia should it withdraw its army from the disputed territory which it further noted is occupied by 300,000 soldiers from both countries. Ethiopia has previously stated its willingness to surrender Badme, without in the end acting upon this promise. Should this latest promise be implemented and ties between two countries normalized, this might herald positive developments for both the economy and the human rights situation in both countries, with a potential significant impact on one of the major drivers of movement out of Eritrea.

      However, with the news that Ethiopia would move to define its borders in accordance with international arbitration, the possibilities for political stability and economic growth in Eritrea remain uncertain. On 21 June 2018, the President of Eritrea Isaias Aferwerki issued a statement saying that Eritrea would send a delegation to Addis Ababa to ‘gauge current developments… chart out a plan for continuous future action’. The possibility of resulting peace and economic partnership between the two countries could, although a long-term process, also result in economic growth on both sides of the border and increased livelihood opportunities for their citizens who routinely engage in unsafe and irregular migration for political, humanitarian and economic reasons.

      http://www.mixedmigration.org/articles/out-of-eritrea

    • Despite the peace deal with Ethiopia, Eritrean refugees are still afraid to return home

      When Samuel Berhe thinks of Eritrea, he sees the sand-colored buildings and turquoise water of Asmara’s shoreline. He sees his sister’s bar under the family home in the capital’s center that sells sweet toast and beer. He sees his father who, at 80 years old, is losing his eyesight but is still a force to be reckoned with. He thinks of his home, a place that he cannot reach.

      Berhe, like many other Eritreans, fled the country some years ago to escape mandatory national service, which the government made indefinite following the 1998-2000 border war with Ethiopia. The war cost the countries an estimated 100,000 lives, while conscription created a generation of Eritrean refugees. The UNHCR said that in 2016 there were 459,000 Eritrean exiles out of an estimated population of 5.3 million.

      So, when the leaders of Ethiopia and Eritrea signed a sudden peace deal in July 2018, citizens of the Horn of Africa nations rejoiced. Many took to the streets bearing the two flags. Others chose social media to express their happiness, and some even dialed up strangers, as phone lines between the nations were once again reinstated. It felt like a new era of harmony and prosperity had begun.

      But for Berhe, the moment was bittersweet.

      “I was happy because it is good for our people but I was also sad, because it doesn’t make any change for me,” he said from his home in Ethiopia’s capital, Addis Ababa. “I will stay as a refugee.”

      Like many other Eritrean emigrants, Berhe fled the country illegally to escape national service. He fears that if he returns, he will wind up in jail, or worse. He does not have a passport and has not left Ethiopia since he arrived on the back of a cargo truck 13 years ago. His two daughters, Sarah, 9, and Ella, 11, for whom he is an only parent, have never seen their grandparents or their father’s homeland.

      Now that there is a direct flight, Berhe is planning on sending the girls to see their relatives. But before he considers returning, he will need some sort of guarantee from Eritrea’s President Isaias Afwerki, who leads the ruling People’s Front for Democracy and Justice, that he will pardon those who left.

      “The people that illegally escaped, the government thinks that we are traitors,” he said. “There are many, many like me, all over the world, too afraid to go back.”

      Still, hundreds fought to board the first flights between the two capitals throughout July and August. Asmara’s and Addis Ababa’s airports became symbols of the reunification as hordes of people awaited their relatives with bouquets daily, some whom they hadn’t seen for more than two decades.

      “When I see the people at the airport, smiling, laughing, reuniting with their family, I wish to be like them. To be free. They are lucky,” Berhe said.

      Related: Chronic insomnia plagues young migrants long after they reach their destination

      Zala Mekonnen, 38, an Eritrean Canadian, who was one of the many waiting at arrivals in Addis Ababa, said she had completely given up on the idea that the two nations — formerly one country — would ever rekindle relations.

      Mekonnen, who is half Ethiopian, found the 20-year feud especially difficult as her family was separated in half. In July, her mother saw her uncle for the first time in 25 years.

      “We’re happy but hopefully he’s [Afwerki] going to let those young kids free [from conscription],” she said. “I’m hoping God will hear, because so many of them died while trying to escape. One full generation lost.”

      Related: A life of statelessness derailed this Eritrean runner’s hopes to compete in the Olympics

      Mekonnen called the peace deal with Ethiopia a crucial step towards Eritrean democracy. But Afwerki, the 72-year-old ex-rebel leader, will also have to allow multiple political parties to exist, along with freedom of religion, freedom of speech and reopening Asmara’s public university while also giving young people opportunities outside of national service.

      “The greeting that Afwerki received here in Ethiopia [following the agreement to restore relations], he didn’t deserve it,” said Mekonnen. “He should have been hung.”

      Since the rapprochement, Ethiopia’s leader, Abiy Ahmed, has reached out to exiled opposition groups, including those in Eritrea, to open up a political dialogue. The Eritrean president has not made similar efforts. But in August, his office announced that he would visit Ethiopia for a second time to discuss the issue of rebels.

      Laura Hammond, a professor of developmental studies at the School of Oriental and African Studies in London, said that it is likely Afwerki will push for Ethiopia to send Eritrean refugees seeking asylum back to Eritrea.

      “The difficulty is that, while the two countries are normalizing relations, the political situation inside Eritrea is not changing as rapidly,” Hammond said. “There are significant fears about what will happen to those who have left the country illegally, including in some cases escaping from prison or from their national service bases. They will need to be offered amnesty if they are to feel confident about returning.”

      To voice their frustrations, thousands of exiled Eritreans gathered in protest outside the UN headquarters in Geneva on Aug. 31. Amid chants of “enough is enough” and “down, down Isaias,” attendees held up placards calling for peace and democracy. The opposition website, Harnnet, wrote that while the rapprochement with Ethiopia was welcomed, regional and global politicians were showing “undeserved sympathy” to a power that continued to violate human rights.

      Sitting in front of the TV, Berhe’s two daughters sip black tea and watch a religious parade broadcast on Eritrea’s national channel. Berhe, who has temporary refugee status in Ethiopia, admits that one thing that the peace deal has changed is that the state’s broadcaster no longer airs perpetual scenes of war. For now, he is safe in Addis Ababa with his daughters, but he is eager to obtain a sponsor in the US, Europe or Australia, so that he can resettle and provide them with a secure future. He is afraid that landlocked Ethiopia might cave to pressures from the Eritrean government to return its refugees in exchange for access to the Red Sea port.

      “Meanwhile my girls say to me, ’Why don’t we go for summer holiday in Asmara?’” he laughs. “They don’t understand my problem.”


      https://www.pri.org/stories/2018-09-13/despite-peace-deal-ethiopia-eritrean-refugees-are-still-afraid-return-home

    • Etiopia: firmato ad Asmara accordo di pace fra governo e Fronte nazionale di liberazione dell’#Ogaden

      Asmara, 22 ott 09:51 - (Agenzia Nova) - Il governo dell’Etiopia e i ribelli del Fronte nazionale di liberazione dell’Ogaden (#Onlf) hanno firmato un accordo di pace nella capitale eritrea Asmara per porre fine ad una delle più antiche lotte armate in Etiopia. L’accordo, si legge in una nota del ministero degli Esteri di Addis Abeba ripresa dall’emittente “Fana”, è stato firmato da una delegazione del governo etiope guidata dal ministro degli Esteri Workneh Gebeyehu e dal presidente dell’Onlf, Mohamed Umer Usman, i quali hanno tenuto un colloquio definito “costruttivo” e hanno raggiunto un “accordo storico” che sancisce “l’inizio di un nuovo capitolo di pace e stabilità in Etiopia”. L’Onlf, gruppo separatista fondato nel 1984, è stato etichettato come organizzazione terrorista dal governo etiope fino al luglio scorso, quando il parlamento di Addis Abeba ha ratificato la decisione del governo di rimuovere i partiti in esilio – tra cui appunto l’Onlf – dalla lista delle organizzazioni terroristiche. La decisione rientra nella serie di provvedimenti annunciati dal premier Abiy Ahmed per avviare il percorso di riforme nel paese, iniziato con il rilascio di migliaia di prigionieri politici, la distensione delle relazioni con l’Eritrea e la parziale liberalizzazione dell’economia etiope.

      https://www.agenzianova.com/a/5bcd9c24083997.87051681/2142476/2018-10-22/etiopia-firmato-ad-asmara-accordo-di-pace-fra-governo-e-fronte-nazional

    • UN: No Rights Progress in Eritrea After Peace Deal With Ethiopia

      U.N. experts say Eritrea’s human rights record has not changed for the better since the government signed a peace agreement with Ethiopia last year, formally ending a two decades-long border conflict. The U.N. Human Rights Council held an interactive dialogue on the current situation in Eritrea this week.

      After a 20-year military stalemate with Ethiopia, hopes were high that the peace accord would change Eritrea’s human rights landscape for the better.

      U.N. Deputy High Commissioner for Human Rights Kate Gilmore said that has not happened. She said Eritrea has missed a historic opportunity because the government has not implemented urgently needed judicial, constitutional and economic reforms.

      She said the continued use of indefinite national service remains a major human rights concern.

      “Conscripts continue to confront open-ended duration of service, far beyond the 18 months stipulated in law and often under abusive conditions, which may include the use of torture, sexual violence and forced labor,” she said.

      Gilmore urged Eritrea to bring its national service in line with the country’s international human rights obligations.

      “The peace agreement signed with Ethiopia should provide the security that the government of Eritrea has argued it needs to discontinue this national service and help shift its focus from security to development…. In the absence of promising signs of tangible human rights progress, that flow of asylum-seekers is not expected to drop,” Gilmore said.

      Human rights groups say unlimited national service forces thousands of young men to flee Eritrea every month to seek asylum in Europe. They say many lose their lives making the perilous journey across the Sahara Desert or while crossing the Mediterranean Sea to Europe.

      The head of the Eritrean delegation to the Council, Tesfamicael Gerahtu, said his country has had to adopt certain measures to counter the negative effect of the last 20 years on peace, security and development. He insists there is no human rights crisis in his country.

      He accused the Human Rights Council of exerting undue pressure on Eritrea by monitoring his country’s human rights situation and adopting detrimental resolutions. He called the actions counterproductive.

      “The honorable and productive way forward is to terminate the confrontational approach on Eritrea that has been perpetrated in the last seven years and that has not created any dividend in the promotion of human rights. And, there is no crisis that warrants a Human Rights Council agenda or special mandate on Eritrea,” Gerahtu said.

      Daniel Eyasu , head of Cooperation and International Relations of the National Youth Union and Eritrean Students, agrees there is no human rights crisis in Eritrea. He offered a positive spin on the country’s controversial national service, calling it critical for nation building.

      Unfortunately, he said, the reports of the council’s special procedures characterizing national service as modern slavery is unwarranted, unjustified and unacceptable.

      The Founder of One Day Seyoum, Vanessa Tsehaye, said the government has not changed its stripes. She said it is as repressive today as it was before the peace accord with Ethiopia was signed.

      Tsehaye’s organization works for the release of her uncle, a journalist who has been imprisoned without a trial in Eritrea since 2001 and for all people unjustly imprisoned. She said they continue to languish in prison.

      “The standoff at the border cannot justify the fact that all capable Eritreans are enlisted into the national service indefinitely. It cannot justify the fact that the country’s constitution still has not been implemented and that the parliament still has not convened since 2002. It does not justify the fact that the only university in the country has been shut down, that the free press has still not been opened and that tens of thousands of people have been imprisoned without a trial simply for expressing their opinions, practicing their religion or attempting to leave their country,” Tsehaye said.

      But delegates at the council welcomed the peace process and expressed hope it will result in better protection for the Eritrean people. But they noted the prevailing abusive conditions are not promising.

      They urged the government to reform its military service, release all political prisoners, stop the practice of arbitrary arrests, and end torture and inhumane detention conditions.

      https://www.voanews.com/a/eritrea-human-rights/4834072.html
      #processus_de_paix #droits_humains

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      La liste est là: https://genius.com/11975674

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