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Sanction Watch: Not a Penny for PFDJ

The Legal Struggle against PFDJ - Part One

By Seyoum Tesfaye

The UNSC has imposed two sanctions: Resolution 1907 (December 2009) and Resolution 2023 (on December 2011) on the Eritrean regime. It more likely, come next December, the UNSC will have to impose a much stringent comprehensive sanction than the one passed in December 2011.

As a rule UN member nations have the responsibility of implementing these resolutions and all other relevant resolutions- i.e. previous resolutions concerning the situation in Somalia and the border dispute between Djibouti and Eritrea, in particular resolutions 751 (1992), 1844 (2008), 1862 (2009), 1916 (2009), 1998 (2011), and 2002 (2011), and the statements of 18 May 2009 (S/PRST/2009/15),9 July 2009 (S/PRST/2009/19),12 June 2008 (S/PRST/2008/20)- within their national jurisdiction.

Contrary to the regime’s smoke and mirror public relations gimmick all these resolution have to be adhered and implemented. There is not too much manoeuvring space. The futile strategy of the regime will only give false comfort and empty hope to his diminishing support base. As it has been repeatedly stated the only way out is for the regime to fully comply with the requirements of the resolutions. But that will mean taking a rational approach to diplomacy and doing the right thing. Unfortunately it is not in the nature of the present leadership controlling state power in Eritrea to do what is right, legal and rational. The effort to continuously blame the rest of the world and cover up its true nature and behaviour will continue unabated.

Fortunately the world now has a better grasp of the diabolical nature of the regime and its propensity for illegal actions. No doubt even within the ruling party and within the Eritrean democratic elites inside the country, an avoidable consensus must be emerging as to the fact that the president and his small hand-picked collaborators are playing fast and loss with the very future of the young nation. The deeply felt but unexpressed resentment hopefully will manifest itself in some corrective form in the near future to help salvage Eritrea from this dangerous trajectory.

The world will not keep tolerating further the intransigence and arrogance of Isaias and his clique for too long. The choice is either Isaias and his clique or the survival of Eritrea. There is no space for ambiguity or equivocation. Those of us living in Diaspora have now an opportunity to find ways on how to assist, cooperate and facilitate the implementation of the critical aspects of Resolution 1907 and 2023 in the countries where we live.

Our struggle in the Diaspora now has reached a different phase: the legal phase. We have to deploy all legal instruments to destroy, expose, checkmate and minimize the widespread illegal activities of the regime and its surrogates in each country, states, and counties where we reside. We have to identify and understand the exact role of the specific institutions and departments that have been set up or are designated to implement all UNSC resolutions on a national level. This potent approach is at our disposal. Peaceful struggle includes this kind of proactive deployment of mind, intelligence and heart.

How do we interpret and help turn these three critical parts of Resolution 2023 into an actionable policy in each country where we are citizens or residents under the protection of the constitutional law that we have sworn to uphold?

As posted on the Australian Government department of Foreign Affairs and Trade website, the three key resolutions are as follows:

  • Eritrea to cease using extortion, threats of violence, fraud and illicit means to collect taxes outside of Eritrea from its nationals or individuals of Eritrean descent;
  • States to undertake appropriate measures to hold accountable, consistent with international law, those individuals on their territory who are acting, officially or unofficially, on behalf of the Eritrean government or the PFDJ contrary to the above requirement;
  • States to prevent funds derived from the mining sector of Eritrea contributing to violations of resolutions 1844 (2008), 1862 (2009), 1907 (2009) or this resolution, by undertaking appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are doing business in this sector in Eritrea including through the issuance of due diligence guidelines.

The first two are the two sides of one legal coin. The later one needs an extensive political campaign and a legal strategy. Let us for just now focus on the first two parts of the resolution:

Readying them for temporary political consumption and to merely enhance and jazz up our expanding Paltalk conversation is one thing but studying and grasping the far-reaching implications of the resolutions with the intention of how to practically facilitate implementation is a different kind of responsibility and assignment. Between now and next December we have no other paramount responsibility than legally shutting down the vast PFDJ subterranean financial mafia network in Australia, Europe, Canada and USA as well as some parts of Africa. All agents of the Eritrea government/PFDJ in the Diaspora have to be exposed and held accountable under the national law of the country they live in, without mercy or trepidation, on the basis of the UNSC Resolution 2023 that explicitly declares: (reiterated for emphasis)

“States to undertake appropriate measures to hold accountable, consistent with international law, those individuals on their territory who are acting, officially or unofficially, on behalf of the Eritrean government or the PFDJ contrary to the above requirement;”

Nations like Australia have already started implementing the sanction. More will follow. Those of in Diaspora have to work hard to help the leadership of the nations where we reside to follow the Australian example and fully implement the consecutive UNSC resolutions in their totality. It takes a different kind of struggle and tact to do this. We cannot seat with our hands folded and expect the governments in Africa, Asia, Europe, USA and Canada to stop whatever their own national agenda aside (given the current global economic challenges) and put our agenda at the top. We have to work smarter and harder and more intelligently to bring our issues (sanction as well as other issues) to their attention.

We must methodically push for the implantation of the sanctions that are already on the book and start preparing the ground work for a more comprehensive sanction at the end of 2012. Take it as a given: as long as Isaias is heading the Asmara regime the Eritrean government will not comply with UNSC resolutions, thanks  for his help our work to squeeze the finical oxygen out of it will be a bit easier. Not a Penny for the Eritrean Regime! should be our campaign’s slogan as we mobilize and push for the implementation of  the details of the sanctions.

We are at a crossroad both as people and individuals. Future generation will evaluate us on what we do and what we do not do in the face of the most concentrated draconian assault on the people Eritrea and everything they stand for by a minuscule clique. To hesitate or fumble at this stage in the struggle will be a dereliction of a solemn duty. For the sake of the people of Eritrea, the neighbouring people and the international community at large everything must be done to economically and politically suffocate and dispose of this regime.

I thank the government of Australia for implementing the UNSC resolutions. I hope Eritreans in Australia will find ways to engage expose and publicize the gold-mining company or companies’ use of “slave labour” in Eritrea to enrich the pockets of their stockholders.

We can do it- If we dare to rise to the challenge.

The Opinion and perspective presented in this posting reflects my point of view (POV) and only my POV.

I have attached the Australian government posting in the interest of enhancing our discussion: http://www.dfat.gov.au/un/unsc_sanctions/eritrea.html

Australian Government, Department of Foreign Affairs and Trade

Advancing the interests of Australia and Australians internationally

Eritrea

On 23 December 2009 the United Nations Security Council (UNSC) adopted resolution 1907, imposing sanctions against Eritrea in response to the ongoing border dispute between Djibouti and Eritrea, as well as Eritrea's support to armed groups destabilising and undermining peace and reconciliation in Somalia, which the UNSC determined constituted a threat to international peace and security.

On 5 December 2011 the United Nations Security Council (UNSC) adopted resolution 2023 imposing additional sanctions in relation to Eritrea. Resolution 2023 requires:

  • Eritrea to cease using extortion, threats of violence, fraud and illicit means to collect taxes outside of Eritrea from its nationals or individuals of Eritrean descent;
  • States to undertake appropriate measures to hold accountable, consistent with international law, those individuals on their territory who are acting, officially or unofficially, on behalf of the Eritrean government or the PFDJ contrary to the above requirement;
  • States to prevent funds derived from the mining sector of Eritrea contributing to violations of resolutions 1844 (2008), 1862 (2009), 1907 (2009) or this resolution, by undertaking appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are doing business in this sector in Eritrea including through the issuance of due diligence guidelines.

Australia will give effect to these additional sanctions through amendments to the Charter of the United Nations (Sanctions – Eritrea) Regulations 2010. In the meantime, any Australian company involved in the mining sector in Eritrea should exercise vigilance to ensure funds derived from their involvement are not contributing to breaches by Eritrea of the arms embargo in relation to Somalia.

Australian law currently prohibits the following conduct:

1. The supply, sale or transfer to Eritrea of arms and related materiel

2. The procurement of arms or related materiel from Eritrea

3. The provision of technical assistance or training, financial or other assistance to Eritrea, related to

(a) military activities or

(b) the provision, manufacture, maintenance or use of arms or related materiel

4. The procurement of technical assistance or training, financial or other assistance from Eritrea or a person or entity in Eritrea, related to

(a) military activities or

(b) to the provision, manufacture, maintenance or use of arms and related materiel

5. The supply of arms and related materiel to a person or entity listed by the Security Council or the Committee established pursuant to resolution 751 (1992) (“the Committee”)

6. The provision of technical assistance, training, or financial services to a person or entity listed by the Security Council or the Committee

7. The use or dealing with the assets of, and the making available of assets to, a person or entity listed by the Security Council or the Committee other than as authorised by a permit issued by the Minister for Foreign Affairs.

8. The entry or transit through Australia of persons listed by the Security Council or the Committee.

Contravention of a UN sanction enforcement law carries severe penalties and is a strict liability offence for bodies corporate. See How are UN sanctions implemented in Australia? for further information.

http://www.dfat.gov.au/un/unsc_sanctions/eritrea.html

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