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The Fertile Womb
Eritrea's press is literally non-existent, civil liberties are denied, life in general operates under numerous formal restrictions, and self-censorship prevails on several sensitive topics. The ruling party’s government not only abhors criticism but also takes action on critics rather inhumanely. Military-style tribunals known as “Special courts” take decisions that cannot be appealed against. Citizens know that they have to avoid criticizing the president, the PFDJ organization, the army, high-level officials, the security forces, and generally erase thoughts on serious government human rights abuses from their minds. In other words, the State owns the citizens' public and personal lives. It suffices to consider the crippling fear factor that is imposed upon the public through a barrage of government briefings, interviews, announcements, decrees, libels and incessant propaganda to understand Eritrea's version of the unofficially declared state emergency. Its design is simple but effective because Eritrea is constantly kept under exigent conditions - economic hardships, war threats, famine, internal enemies …etc. The current situation in Eritrea is reminiscent of the late sixties and early seventies when the occupation army was running Eritrea as a military camp. In 1970, the Ethiopian occupation army declared a state of emergency across Eritrea. What followed the Declaration was too painful an experience to be forgotten. The declaration heralded a chain of village burning, jailing and massacre of great magnitude; the massacre of Ona is one such example. Many other villages and hamlets were erased from the ground. A dusk to dawn curfew was imposed on all major towns and a generation literally grew up inside their houses unfamiliar with what their towns look like in the dark. Many dissidents and those who were accused of being “pro-freedom” were kidnapped, killed and then thrown on outskirts of towns and villages. Wild animals and stray dogs uncovered many half-buried bodies. Families were too afraid to mourn their died; instead, they secretly recovered bodies from the open and hastily buried them in secrete. Eritrea is now taken back to the early seventies when civil liberties were harshly abused. The reader is invited to consider the systematic grip of power and harsh realities described above as he/she reads the following excerpt from Ethiopia's Negarit Gazeta of 1970
NEGARIT GAZETA ORDER No.66 OF 1970
AN ORDER TO PROVIDE FOR THE DECLARATION OF A STATE OF EMERGENCY IN CERTAIN AREAS OF THE TEKLAY GIZAT OF ERITREA WHEREAS, certain foreign governments have, within their respective territories, organized and trained bandits, supplied these bandits with modern arms, money and Para-military personnel, and supported them to infiltrate the territory of Ethiopia, for the purpose of undermining the territorial integrity and sovereignty of Ethiopia; and WHEREAS, these bandits in pursuit of aim are infiltrating the territory of Ethiopia and are carrying on a campaign of brigandage, sabotage and, subversion in certain areas of the Teklay Gizat of Eritrea, endangering public security and threatening the well-being of the inhabitants of the area; and WHEREAS, it is necessary that adequate measures be taken to assure public security and to maintain law and order within said areas, and to protect the persons and property of the inhabitants thereof; NOW THEREFORE, in accordance with Article 29 of Our Constitution and on the advice of Our Council of Ministers, We hereby Order as follows: 1. This Order may be cited as the "Declaration of a State of Emergency in Certain Areas of the Teklay Gizat of Eritrea Order, 1970". 2. A state of emergency is hereby declared to exist in certain areas of the Teklay Gizat of Eritrea (hereinafter referred to as the "Emergency Area"). 3. (a) The Emergency Area shall be under the administration of Our Minister of National Defence and said Minister shall take such measures as are necessary to assure public security and to maintain law and order within the Emergency Area, and to protect the persons and property of the inhabitants thereof; provided, however, that the said Minister may delegate certain administrative and judicial functions to civilian authorities stationed within the Emergency Area. (b) All civilian authorities stationed within the Teklay Gizat of Eritrea, but outside of the Emergency Area are hereby directed to give such assistance and, facilities as the Administrator of the Emergency Area requests. 4. (a) The administration of the Emergency Area shall he carried on in such a manner as to minimize any possible hardship imposed upon the inhabitants of the Emergency Area. (b) The extent of the Emergency Area shall be progressively reduced as quickly as circumstances permit, in order that persons affected thereby shall he relieved of the temporary measures required to be placed in force as a result of the situation prevailing in the Emergency Area. 5. Without limitation to the powers conferred upon him under the provisions of Article 3 hereof, Our Minister of National Defence may issue regulations: (a) delimiting specifically the Emergency Area to which this Order shall apply; (b) designating prohibited areas within the Emergency Area; (c) providing, whenever necessary, for the evacuation of inhabitants from, and the control of their movements within the prohibited areas; (d) convening military court martial to try offences specified by the said Minister; and (e) providing for the implementation and carrying out of the provisions of this Order. 6. The provisions of this Order and any Regulation made thereunder shall prevail over any other legislation inconsistent thereto. 7. The State of Emergency is declared to be effective as from December 16th, 1970. Done at Addis Ababa, this 16 day of December, 1970 REGULATION ISSUED PURSUANT TO THE DECLARATION OF A STATE OF EMERGENCY IN CERTAIN AREAS OF THE TEKLAY GIZAT. OF ERITREA ORDER, 1970 1. Issuing Authority These Regulations are issued by the Minister of National Defence pursuant to authority vested in him under Article 5 of the Declaration of State of Emergency in Certain Areas of the Teklay Gizat of Eritrea Order, 1970 (Order No. 66 of 1970) (hereinafter the "Order"). 2. Short Title These Regulations may be cited as the "State of Emergency in Certain Areas of the Teklay Gizat of Eritrea Regulations, 1970". 3. Delimitation of Emergency Area The Emergency Area is hereby delimited as follows: Commencing from Ras Kassar on the northernmost tip of the Empire of Ethiopia, thence along the boundary between the Empire and the Republic of the Sudan to the point of intersection of said boundary and the boundary between Eritrea and Begemder Teklay Gizats; thence in an easterly direction along the said Eritrea-Begemder boundary to the point of intersection of the boundaries of Begemder, Eritrea and Tigre Teklay Gizats; thence in a northerly direction along the boundary between Eritrea and Tigre Teklay Gizats to a point east of Lyda on the boundary between Gash Setit and Seraye Awrajas; thence in a straight line to the point of intersection of the boundaries of Gash-Setit, Akordat and Seraye Awrajas; thence in a south-easterly direction to a point north of Araza; thence in a straight line to a point north of Debarwa; thence in a north-westerly direction along the boundary between Seraye and Hamasien Awrajas to the point of intersection of the boundaries of Seraye, Akordat and H,aniasien Awrajas; thence following the boundary between Akordat and Hamasien in a straight line to a point on this same boundary south of the point of intersection of the boundaries of Akordat, Keren, and Hamasien Awrajas; thence in a straight line to Adi Teklizan; thence encompassing Wara and Bizen within the Emergency Area, in a curve somewhat parallel to the northern and eastern boundaries of Hamasien Awraja to Nefasit; thence in a straight line to the point of intersection of the boundaries of Hamasien, Massawa and Akle-Guzay Awrajas; thence along the boundary between Hamasien and Akle-Guzay Awrajas to the point of intersection of this same boundary and the Asmara-Nefasit-Senafe Road; thence along this road to a point east of Dekemhare; thence following a line running close along the eastern side of the same road to a point south-east of Senafe; thence in a straight line to Koma; thence along the western and southern boundaries of Assab Awraja to Dumera on the Red Sea Coast; thence along the outer limits of the territorial waters of the Empire to Ras Kassar, the point of commencement. 4. Prohibited Area Within the Emergency Area, there shall be a Prohibited Area, delimited as follows: All inland area along the Red Sea Coast from Dumera to Ras Kassar within ten (10) kilometres from the coastline, except the ports and towns of Massawa and Assab; all areas of Eritrea Teklay Gizat within ten (10) kilometres from along the boundary between the Empire and the Republic of the Sudan; provided that certain towns located within -the above delimitation may he excluded from the Prohibited Area by the Administrator of the emergency Area. 5. Evacuation of Inhabitants from Prohibited Area Within fifteen (15) days Of the effective date of these Regulations, all inhabitants and other persons within the Prohibited Area who are not expressly authorised to remain within said, Area, shall leave said Area and shall take with them all livestock and all other personal and movable possessions. 6. Movement within Prohibited Area (1) No person shall enter the Prohibited Area without express authorisation thereto. (2) Any person authorized to remain in or to enter the Prohibited Area shall at all times during his presence there, be subject to and comply with all lawful regulations and directions concerning his movement therein. 7. Obligation to Stop upon Challenge Any person in the Emergency Area shall immediately stop upon being challenged by, any member of the Armed Forces, Police, or other Security Forces (hereinafter "Security Forces") assigned to duty in said Area. 8. Use of Force by Security Forces Any member of the Security Forces assigned to duty within the Emergency Area may, within said Area, use force, to the extent but only to the extent that such we is reasonably justified, taking into consideration all of the circumstances of the case, to maintain law and order, to effect a lawful arrest, ;and to Protect the persons and property of -the inhabitants and other persons within said Area. 9. Prohibition on Possession of Arms No person within the Emergency Area may possess any weapon, including without limitation, any firearm, without permission. 10. Power of Security Forces to Search Without Warrant (1) Any member of the Security Forces assigned to duty within the Emergency Area may at any time, without warrant, enter and search any premises in the Emergency Area and may, without warrant, search any person, conveyance, vehicle, aircraft, ship, boat, baggage, pack, package, parcel, letter, container or thing found in, entering or leaving, seeking to enter or leave or reasonably suspected of being about to enter or of having left said Area, and may stop and detain any such person, conveyance, vehicle, aircraft, ship, boat, baggage, pack, package, parcel, letter, container or thing for the purpose of searching him or it. (2) Any article with or in respect of which an offence has been committed, or is reasonably suspected of having been committed or which is necessary to the conduct of an investigation into any offence committed or reasonably suspected of having been committed, may be seized by the member of the Security Forces conducting the search. (3) Any article seized pursuant to this Article 10 shall promptly be brought before the authorities. (4) Any person who is detained for the purpose of being searched pursuant to this Article 10, shall be deemed to be in lawful custody. 11. Power of Security Forces to Arrest Without Warrant Any member of the Security Forces assigned to duty within the Emergency Area may at any time, without warrant detain, take into custody and arrest any person within the Emergency Area who is reasonably suspected of having violated the provision of these regulations or of otherwise constituting a threat to the maintenance of law and order in the Emergency Area. 12. Penal Provisions Any person who: (1) violates the provisions of Articles 5, 6, 7, or 9 hereof; (2) fails, after having been challenged twice by a member of the Security Forces assigned to duty in the Emergency Area; (3) commits an offence against the provisions of the Penal Code of 1957 dealing with the security of the Empire; or (4) violates orders issued by the Administrator of the Emergency Area; shall be subject to immediate arrest and shall he tried by military court martial. 13. Military Court Martial (1) The Administrator of the Emergency Area shall convene such military court martial as shall be necessary to try offences specified under Artic 12 hereof. (2) There shall be convened an appeal court martial to hear appeals involving: (a) death penalty; or (b) rigorous imprisonment exceeding ten (10) years. (3) The military court martial convened pursuant to paragraph (1) of this Article, shall have exclusive jurisdiction to try offences specified in Article 12 hereof. (4) The Administrator of the Emergency Area or a person designated by him, shall bring before the military court martial a charge or charges against a person alleged to have committed au offence or offences specified under Article 12 hereof. 14. Administering Authority: Delegation of Authority All civilian and military authorities within the Emergency Area shall be responsible to and shall discharge their duties under the direction of the senior military officer of the Armed Forces stationed within the Emergency Area; provided, however, that civil cases and penal actions not falling under Article 12 hereof, Shall, be brought before the civilian judicial authorities stationed within the Emergency Area. The said senior military officer shall be fully empowered to take all measures reasonably required to assure public security and to maintain law and order within the Emergency Area, and to protect the persons and property of the inhabitants thereof. Such authority may be delegated at the sole discretion of said officer. 15. Effective Date These Regulations shall become effective as on December 16th, 1970. Done at Addis Ababa, this 16th day of December, 1970. | |
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