Other vehicles carrying equipment have been stopped and ordered to turn back by Eritrean forces. Although discussions have been held in New York with the Permanent Representative of Eritrea, and between UNMEE officials and Eritrean troops in the Temporary Security Zone, to try and facilitate the relocation of UNMEE personnel and equipment into Ethiopia, no apparent progress has been made. As of today, in the face of Eritrea’s refusal to co-operate with UNMEE and its continued restrictions, UNMEE has been unable to get the relocation process underway. It may now even be facing the possibility of running out of food for its personnel.

The details of the relocation to Ethiopia were agreed between Ethiopian authorities and a UN Technical Assessment Team sent to the region last week  by the Secretary General. The Assessment Team returned to New York on Monday. It successfully completed its mission in Ethiopia but was unable to visit Asmara. After initially issuing entry visas, the Government of Eritrea refused permission for the UN Team to travel to Eritrea.

The Government of Ethiopia made it clear to the UN Technical Assessment Team that Ethiopia was prepared to provide full co-operation to temporarily relocate the United Nations Mission to Ethiopia and Eritrea (UNMEE) to Ethiopia. This was in  response to the precarious situation of UNMEE, and of its troops and personnel in Eritrea, following Eritrea's stoppage of all diesel fuel supplies to the Mission,. The Government of Ethiopia noted that Eritrea had been emboldened to continue and intensify its actions against UNMEE by the earlier failure of the Security Council to take measures against Eritrea under Chapter VII of the UN Charter. This is specifically provided for under Article 14 of the Agreement on Cessation of Hostilities. The relocation of UNMEE is a direct result of actions by Eritrea. It is done without prejudice to the continued validity of the Temporary Security Zone, and Ethiopia has emphasized that the obligations of both Eritrea and Ethiopia, under the Agreement on the Cessation of Hostilities, remain in force until such time as the boundary is physically demarcated. It is this, and only this, which allows for the termination of UNMEE's mandate, as defined in article 5 of the Agreement signed by both Ethiopia and Eritrea.

The UN Technical Assessment Team accepted that this position was in line with the Secretary-General's position, as defined by the spokesperson for the Secretary-General: “The Secretary-General emphasizes that the temporary relocation of the Mission's personnel is a contingency measure forced by the restrictions imposed on UNMEE by the Eritrean authorities, which are endangering the safety and security of the Mission's personnel. And is without prejudice to any provisions of the Agreement on the Cessation of Hostilities of 18 June 2000, including [those relating to] the Temporary Security Zone.” The UN Team also made clear that the emergency relocation would last only until the Security Council had taken a decision on the future of UNMEE. Equally, the Team pointed out, UNMEE would only have administrative status in Ethiopia; UNMEE's operational functions remain confined to the Temporary Security Zone. For the moment, UNMEE's headquarters will be moved from Asmara to Mekelle.

The UN Security Council, last month, extended the mandate of UNMEE for six months until 31 July 2008. Under the Algiers Agreements of 2000, the mandate of UNMEE and the Temporary Security Zone must remain valid and operative until final demarcation on the ground has been completed. Eritrea's action, which amount to the practical expulsion of UNMEE from the Temporary Security Zone (TSZ), is therefore a unilateral measure in flagrant violation of the Algiers Agreements. As noted, the Cessation of Hostilities Agreement provides for the Security Council to  take enforcement action against the party violating the TSZ. The Security Council has, so far, chosen not to do so. On 30 January 2008, the Security Council adopted Resolution 1798 (2008), limiting itself to demanding, not for the first time, that Eritrea should immediately withdraw all troops and heavy military equipment from the TSZ. In a Presidential Press Statement four days later, the Security Council also reiterated its demand that Eritrea “forthwith and without preconditions” lift all restrictions on fuel deliveries to UNMEE, to allow the Mission to carry out its extended mandate. It also asked Eritrea to receive the UN Technical Assessment Mission.

The Security Council now has two options. One is to enforce Eritrea's return to full compliance with the Algiers Agreements by allowing UNMEE to return to the TSZ with all restrictions lifted. The other is to terminate UNMEE, making it clear it does not have the capacity to carry out a mandate expressly given to it under the bilateral treaty between Ethiopia and Eritrea, under the Algiers Agreements. This would set a precedent with enormous, and very damaging, implications for any future peace-keeping missions. Ethiopia itself has already put Eritrea on notice that Eritrea's continued violations of the Cessation of Hostilities Agreement, unless reversed, would sooner or later have grave consequences for the validity of the Algiers Agreements as a whole. That was the rationale for the formal Notification sent to Eritrea last September. Eritrea has failed to respond to the Ethiopian Notification within the three months prescribed by the Vienna Convention on the Law of Treaties. Eritrea is now also in violation of the Law on Treaties as well as the Algiers Agreements and numerous Security Council Resolutions.     

The problem between UNMEE and Eritrea actually originated at the time UNMEE was set up under the Status of Forces Agreement in 2001. Eritrea never signed the Status of Forces Agreement. It subsequently introduced restrictions on UNMEE’s use of helicopters and expelled members of certain nations participating in UNMEE, essentially undermining the UN’s concept of universality.This was followed by further restrictions on the Mission, and steadily increasing infiltrations of Eritrean troops violating the demilitarized Temporary Security Zone. The result has been growing humiliation of UNMEE. This, and the lack of any response by the UN Security Council, has allowed a United Nations peacekeeping force to be pushed out of its formally designated role. Ethiopia now expects the United Nations Security Council to acknowledge its responsibilities and take action to ensure that the integrity of the Temporary Security Zone is fully re-established. Ethiopia will continue to co-operate fully with the United Nations. It acknowledges the contribution made by the troop-contributing countries of UNMEE, and shares their concern over the present situation. UNMEE forces are, of course, present as a result of  an agreement between Ethiopia and Eritrea, to which Eritrea fully subscribed and consented.

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