Testimony of Saman Zarifi, HRW's Washington Advocate

Witnesses described Ethiopian troops burning homes and property, including the recent harvest and other food stocks intended for the civilian population, confiscating livestock, killing herders in unauthorized areas, and, in a few cases, firing upon and killing fleeing civilians. Ethiopian security forces are also responsible for arbitrary detentions and torture of thousands, detaining students, shopkeepers, and relatives of suspected ONLF members.

Ethiopian troops have confiscated or destroyed livestock, thus jeopardizing the basic livelihood of the region’s large pastoralist population. A partial trade blockade has been imposed on the region leading to serious food shortages. Almost all commercial traffic from Somaliland and out of Ogaden, the main commercial route, has been prohibited, making it virtually impossible for foodstuffs to reach the area; traffic between village and towns has been severely restricted and has become very dangerous; nomadic livestock herders have been prohibited from freely grazing their camels and other livestock and are often killed if encountered by the army; even access to water holes has been restricted or prohibited. The main purpose of these restrictions seems to be an attempt to prevent any foodstuffs from reaching the ONLF, but the restrictions are so severe that they may also be trying to force people to leave their homes.

Whatever the military strategy behind them, these abuses violate the laws of war.

International humanitarian law, or the laws of war, requires that all warring parties distinguish between military and civilians, protect civilians and their property and take all feasible steps to minimize the harm of military operations on civilians. Starvation of the civilian population as a method of warfare is also a violation of international law.

Collective punishments – or the punishment of one or more individuals for the acts of others – is also prohibited by international humanitarian law. Hostage taking, which is the holding or use of a person to compel a third party to act or refrain from acting, is also prohibited. Detaining the family member of a combatant to compel the combatant to surrender would thus be unlawful.

While the Ogaden is not Darfur yet, it is probably only a few months away from sliding over the edge into a full-blown humanitarian crisis of massive proportions. In a statement released just days ago, the United Nations’ Office for the Coordination of Humanitarian Affairs warned that “Humanitarian conditions within the conflict areas have deteriorated substantially over the past several months. The nutritional status of the population will rapidly worsen within two or three months if only limited quantities of commercial food continue to be available.”

As you know, the Ethiopian government expelled from the Ogaden the International Committee of the Red Cross, a rare neutral observer of the crisis left in the region. Only a few independent humanitarian organizations remain on the ground trying, with great difficulty and in the face of continuing government obstruction, to access civilians in desperate need of relief.

If we are to avert this looming humanitarian crisis, the US should use all the means at its disposal to press the Ethiopian government to immediately end its abuses, including its commercial blockade of the Ogaden and allow independent humanitarian relief to reach vulnerable civilians.

The Conflict in Somalia

Mr. Chairman, there is also great cause for concern about the situation in southern and central Somalia, and in particular Mogadishu. The situation for civilians in Mogadishu has grown intolerable. In December 2006, Ethiopian forces with US support ousted the coalition of Islamic Courts from Mogadishu and other areas of south-central Somalia in a lightning offensive. Ethiopia’s intervention in Somalia is closely linked to regional security concerns, including a proxy war with Eritrea and the support given to the ONLF and other Ethiopian rebel movements by groups in Somalia. The armed conflict in Mogadishu has steadily escalated since the Ethiopian-backed Somali Transitional Federal Government (TFG) established itself in Mogadishu in January 2007.

Since January 2007, a coalition of insurgent groups, including the extremist Al-Shabaab militia, has waged almost daily attacks on Ethiopian and TFG forces, including several suicide attacks, and killed TFG civilian officials. The insurgency has repeatedly launched mortar attacks from densely populated neighborhoods of Mogadishu, jeopardizing civilian security, in violation of the laws of war.

In response, Ethiopian forces launched two major offensives on large areas of Mogadishu in March and April. Ethiopian troops indiscriminately bombarded insurgent strongholds with barrages of “Katyusha” rockets, mortars and artillery, making no apparent effort to distinguish between civilians and insurgent targets. While the precise number of civilian casualties is not yet known, estimates range from 400 to more than 1,300 deaths resulting from both rounds of fighting. Up to four hundred thousand people fled the city by May, and thousands more left in subsequent months due to almost daily incidents of attacks and clashes by the warring parties. International response to these events has been muted at best.

Violations by the insurgency, a loose coalition of Somali armed groups, include: the indiscriminate firing of mortar rounds into civilian areas; deployment of forces in densely populated neighborhoods; targeted killings of civilian officials of the transitional Somali government; and summary executions and mutilation of the bodies of captured combatants.