[allAfrica.com] Security Council Undermines Its Moral Authority Shabait.com (Asmara) PRESS RELEASE November 24, 2005 Posted to the web November 28, 2005 By Ministry of Foreign Affairs Asmara The Security Council has adopted another deplorable resolution (1640/2005) yesterday on the border conflict between Eritrea and Ethiopia. Although the Algiers Peace Agreement, legally guaranteed by the UN Security Council, and fundamental principles of the UN Charter have been grossly and repeatedly violated by Ethiopia, The Security Council is threatening to invoke, for the first time, Article 41 of the UN Charter to impose economic and diplomatic sanctions essentially against Eritrea. This lopsided resolution underscores one glaring fact: it is not international law and the Charter of the United Nations that govern the conduct of the Security Council but sheer power politics and the narrow interests of major powers. As it is well known: In July 2002, Ethiopia violated the Algiers Peace Agreement and the UN Charter to establish, under UNMEE's watch, unlawful settlements in the sovereign Eritrean territory of Dembe Mengul. This gross breach of the Peace Agreement was fully ascertained by an Independent fact-finding mission. The report of the fact-finding mission was subsequently submitted to the Security Council, which passed Resolution 1430(2002) requesting Ethiopia to dismantle the settlements within 30 days. In what was to become a predictable pattern, Ethiopia refused to comply with the terms of Resolution 1430 while the Security Council failed to take remedial action. In September 2003, Ethiopia's Prime Minister formally and arrogantly informed the Security Council that his regime would not abide by the "final and binding decisions of the Security Council". This was a flagrant breach of Article 4.15 of the Algiers Peace Agreement, which states: "'The Parties agree that the delimitation and demarcation determinations of the Commission shall be final and binding. Each Party shall respect the border so determined, as well as the territorial integrity and sovereignty of the other party". The Security Council failed to take any action against this gross violation of the most fundamental kernel of the Algiers Peace Agreement. The Secretary General went further, with the apparent acquiescence of the Security Council, to placate Ethiopia by appointing a Special Envoy to explore the options of "an alternative mechanism" as Ethiopia had requested. Emboldened by Security Council inaction, Ethiopia intensified its unlawful conduct to obstruct and frustrate the operations of the Boundary Commission. Among other things, Ethiopia withdrew its liaison officers, refused to pay its dues and boycotted a meeting in London convened by the Boundary Commission in February this year to finalize the Demarcation Directions. As it will be recalled, the Boundary Commission was established and partially funded by the UN in accordance with the Algiers Peace Agreement. Ethiopia's actions further contravened Article 4.14 of the Agreement, which states: "The Parties agree to cooperate with the Commission, its expert and other staff in all respects during the process of delimitation and demarcation". Again, the Security Council failed to lake meaningful remedial action and confined itself to pass toothless resolutions. In March this year, the Boundary Commission was finally compelled to close its offices in Eritrea and Ethiopia. The Commission, underlined, in its 16th Report to the Security Council; "The Commission must conclude by recalling that the line of the boundary was legally and finally determined by its Delimitation of 13 April 2002. Though undemarcated, this line is binding upon both Parties. Conduct inconsistent with this boundary is unlawful". Again the Security Council failed to take action, and in particular, to invoke Chapter VII to take punitive measures against Ethiopia as provided for by Article 14 of the Algiers Agreement and general principles of the UN Charter. It is against this backdrop of repeated violations by Ethiopia of the Algiers Peace Agreement and deplorable abdication of responsibility by the Security Council that Resolution 1640 must be seen and gauged. In a perverted logic, the Security Council will not invoke, as it should, Chapter VII if and as Ethiopia continues to violate the Algiers Peace Agreement and the UN Charter to forcibly occupy sovereign territories of a UN member State. Instead, the Security Council has chosen to focus on derivative and secondary clauses and arrangements to impose sanctions against Eritrea. This misguided action only undermines the moral and legal authority of the Security Council. It goes beyond abdication of legal and moral responsibility in the border conflict between Eritrea and Ethiopia to create a dangerous precedent to condone the violation of the rule of law and the integrity of arbitration processes. It will not promote the maintenance of regional peace and security, which is the central mandate of the Security Council, but sow the seeds of further tension and conflict in our region. Ministry of Foreign Affairs Asmera 24 November 2005   =============================================================================   Copyright © 2005 Shabait.com. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). =============================================================================