APPENDIX 1
FOCUSED COMMENTARIES

Appendix 1.1

The Legality of the Anti-corruption Proclamations


The end of the war with Eritrea, early in the spring of 2000 brought a sigh of relief to all Ethiopians who have been only too familiar with the ravages of war during a good part of their country's long history.
Many hoped for a new lease of life under the market oriented economic policy which the government had earlier promised to persue.
Unfortunately it did not take much time for that optimism to fade in to thin air. The split and rancor within the highest ranks of TPLF, became the major preoccupation of the government as if the government is in the service, to the service or for the service solely of the party. It literally ceased to exist for some seven months for anything other than party matters.
In effect it was a period when the government was conveniently in hibernation. The end of that period brought about a drastic change in the structure and membership of TPLF. A good number of the veterans and influential members of the party were simply thrown out of the party by the whim and fury of a single man. As if that was not enough the dissidents were also hurriedly banished from government offices, as well as from their membership in parliament. (It was indeed reminiscent of the infamous purges of the 1930's in the era of Stalin in the then Soviet Union.) The purge was also followed by a massive policy statement that bordered on declaring an economic policy markedly tainted with principles that were socialist in orientation. The statement among others, highlighted issues such as bonapartism and corruption, for which the dissidents were singled out as culprits. It literally became the fashion of the day to explain the ills of society in terms of the two catch words, viz., bonapartism and corruption, so much so that routing them with vigor was officially prescribed as the only panacea to rid society of all its ills. The intensification of that campaign soon led to the enactment of a flurry of hastily drafted legislation. The first two of these pieces, proclamation Nos., 235/2001 and 236/2001 were enacted on May 24/2001.
A Federal Ethics and Anti- Corruption Commission, was established by proclamation No. 235/2001 which gave a sweeping power to the commissioner, that was to be rubber stamped into office by parliament upon nomination of the PM. Further the law specifically provided that 'The commission shall be accountable to the PM'.
The 2nd legislation, proclamation No. 236/2001 provided for a special procedure and rules of evidence on anti-corruption offences and defined corruption in an amazingly open ended manner. In its definition it made sweeping references to a host of offences in other laws and concluded...''and shall include such other similar cases.'' In effect the law was tailored in such a way as to make it retroactively applicable not only in terms of non existing offences but also in terms of past conduct that did not constitute corruption at the time of commission or omission.
Targeted persons began to be rounded and put in to jail barely four days and one working day after the laws were enacted. The first victims were of course the political dissidents and 10 or so prominent businesspersons who earned notoriety in out witting TPLF business organizations in the open market. The public was soon alerted of the arrest of these 'arch-corrupt' persons and was publicly invited to supply information and evidence against them. Call it a trial by media or lynch trial that did not bother the government that prided itself with a constitution that has incorporated the universal declaration and the international covenants of human rights.
No sooner were these persons detained than they were herded before a bench of the Federal First Instance Court to obtain remand order for their continued detention. That court however soon began to allow release on bail rejecting the police request for further remand. Exactly 12 days after the detention of these persons including those who were released on bail the Anti-Corruption proclamation was amended to include an article which read:
'' A person who is arrested on suspicion of having committed a corruption offence shall not be released on bail.''
The same law also moved the case out of the jurisdiction of the court of 1st instance where it was pending and put it under the jurisdiction of the High court.
In terms of legality the implication of such move by the government is obvious. It amounted to changing the rule of the game, when it was on the verge of losing, it resorted to the power of the docile legislature instead of trying its luck by pursuing the appeal procedure in accordance with the law, and most importantly the legislature wrongly arrogated to itself the judicial discretion to determine whether bail should or should not be granted to a person on a case by case basis. And all that in the name of the law! That for good foreclosed the right of the detainees to be released on bail. Obviously the amendment makes mockery of the constitution which at least in theory is the supreme law of the land. A plea for the rectification of this manifest violation of the constitution has been submitted to the House of federation over ten months ago. The House has yet to rule on this important constitutional issue.
Encouraged by what it has so far achieved the police soon opened another front, which was aimed at the financial interests of the persons under detention. At a stroke of a pen restraining orders were issued against their property, which were, also placed under the custody of receivers appointed by the court for that purpose. The court further directed that incomes derived from such property be kept in a block account until further notice. This was all done at the request of the police and without giving any chance for the owners to be heard. The police concluded that these properties were fruits of corruption and both the High Court and the Supreme Court simply endorsed that conclusion. By dint of those decisions companies ceased to operate, debts began to accumulate, workers were disbanded, markets and client were lost for good, and blooming businesses wound up to a stand still. In effect it was as if giving a free hand to the competitors to strangle and physically decimate their old rivals.
Constitutional guarantees of presumption of innocence, the right to the ownership of private property, the right to be heard, the right to bail, protection against retroactive application of laws, etc. did not prove to be worth more than the paper they are written on in regard to this case. A person suspected of corruption by the police is presumed to be a corrupt person by dint of the amended version of the Ant-corruption proclamation. As far as the courts are concerned that characterization is a fait accompli which they seem to agree not to question That in effect makes the police the main decision-maker in terms of nominating candidates for corruption charges. And once charged, these persons will languish in prison without the right to be released on bail and until they prove their innocence. That is a matter that may take years to resolve. What does it matter for a person to be declared innocent, or not guilty, years after his business and morale irretrievably are ruined.
n conclusion, the whole tenet of the corruption campaign is beset by a sinister motive directed against targeted persons for settling old scores in the name of the Law. At least for once the government should agree to conduct the campaign without changing the rules of the game at whim. The amendment of Anti-Corruption law which among others declared that a person arrested on suspicion of corruption shall not be released on bail is one blatant instance where the government changed the rule of the game in complete violation of constitutional and human rights principles enshrined in its own laws. We call upon it to rectify this abuse, today and not tomorrow. Once this step is taken the rest will follow.


APPENDIX 1.2
Analysis of Credit Principles and Operations vis-a-vis the charges and International Credit Management Standards and Banking Practices

I. Background and Introduction

(a) Background
During the unfortunate seventeen years of the Military-Marxist 'Derg' regime, the Commercial Bank of Ethiopia (CBE), as other similar parastatals, had been governed by the socialist rule and order imposed by the junta.
The credit policy and procedure manual prepared and made operational in 1980 was geared towards the support and implementation of socialist economic programs, in order to develop and foster the so-called public properties and assets, such as state farms and industries, collective farmers, cooperatives and the like. As the statistics of those days tell, 80-90% of the beneficiaries of CBE's loans and advances were state owned enterprises and collective farms.
Poor smallholding farmers and the private sector had been marginalized, neglected and exploited throughout the 'Derg' regime. The rural sub-sector and small holders were considered economically insignificant while contributing not less than 95% of the aggregate agricultural outputs.
The private sector had been targeted as public enemy number one and bloodsucker of the working class. It is pity to see again history repeating itself. And today, the private sector is condemned as social "parasite", "rent seeker" .... by our "modern and democrat" Prime Minister.
(We courteously invite our readers to walk through the PM's recently published small handbook on "Reform" and his vision of Ethiopia.)
After several years of armed struggle (civil war) the 'Derg' eventually ousted and replaced by the leadership of guerrilla fighters, known as EPRDF- as a political party. The new power house proclaimed itself as 'democrat' and vowed to bring about 'good governance', and create a friendly environment to the private sector; viz. the rule of market forces in the economy.
Consequently, some democratic and market reform have taken place, under the auspices of funding agencies (WB & IMF) and unparalleled economic, political and moral support of the West.
Following the financial sector deregulations, CBE has positively reacted to the change, by launching a grandeur restructuring and overhauling program to the service of the new-born market, the private sector. Apparently the old credit policy and procedure manual of 1980, had became obsolete and to the disservice of the new economic order.
In the restructuring processes, however, gradual and persistent problems started to crop up at the Bank. To mention a few among many:-

1. The old socialist mentality, rigidity, resistance to change (new ideas) were among the major problems that curb the Bank to move forward.
2. As it all happens elsewhere during the transitional phase of an economy (change from command to market economy), and the general slow-down of the economy since 1999, the Bank has accumulated a huge sum of non-performing loans (NPLs)
3. The slow pace towards continuous and consistent deregulation of financial sector, (for example:- administratively regulated nominal interest rates) has exacerbated CBE's role as a pace-setter and prime mover of the economy. Because of it's monopolistic position, people consider CBE as the only accessible capital market in the country. This is absolutely true, of course.
4. CBE is serving the policy role as a conduit for government policy in attempting to regulate the growth of the economy, through financing bankrupt state enterprises;ruling party affiliated business entities and financing regional governments for the implementation of Agricultural extension ("Fertilizer extension program", as some people call it) program.

All these explicit and implicit government interference and internal problem within the Bank, hampered the Bank to evolve as responsive modern banking institution, with a wide-range-service menu to its clientele.
Nonetheless, CBE, unlike similar banks elsewhere and in sub-Saharan African Countries (like Uganda Commercial Bank /UCB/) has been successfully averted the economic shocks of the last 4 to 5 difficult years, and unfriendly internal working environment and the aforementioned problems; and still remains number one viable and profitable entity as compared with all SOEs combined. Just to illustrate, CBE has grossed a profit of more than Birr 730 million as at 30th of June, 2001.
With all these ups and downs, today CBE has managed to shift the proportion of the loan portfolio, from the pervious 80-90%age-share of the public sector to the existing 70-80%age-share of the private sector. Thanks to "the dynamic management team" of CBE, as once World Bank Staff Report of 1997 put it.

(b) Introduction
This paper attempts to briefly examine the general rules of lending operations, and also tries to succinctly look into major lending principles and international standards, in relations to the charges.
Part one of this paper, briefly explained the role CBE's credit policy had played and the working environment during the era of Military government. Part two summarizes the credit ratings of the accused borrowers as reviewed by Ernest and Young Audit Firm in 1999/2000.
Part three will inquire into the principal objectives of this paper - i.e. to critically examine the regular and standard lending practices of the banking industry, specifically CBE, vis-a-vis the charges.
The final section, part four, concludes by throwing some light into the major aspects, why loans become uncollectable, and other related issues to the charge.

II. Credit ratings of the accused borrowers

Till the date of en masse imprisonment of May 28/29, 2001, of the accused CBE customers and bankers, for unlawfully borrowing and extending loans, these borrowers were celebrities categorized as "prime" or "corporate" customers by the Marketing Department of the Bank.
A proven repayment track record is among the major criteria employed for the selection of "corporate" customers. Undoubtedly, as you can see below in Tables 1 and 2, the credit ratings carried out by an independent and internationally reputable audit firm, Ernest and Young, clearly testified that the performance of these borrowers interms of debt-service had been good.
This section is heavily drawn from the Comprehensive Audit Report conducted by Ernest and Young in 1999/2000.
This is purposefully and deliberately done in order to attract the attention of our esteemed readers by providing them with factual empirical evidence from a reliable source.
As the Bank is a public property, so is the Audit Report. Hence, the authors of this paper took the liberty of utilizing its contents and findings to the benefit of the owners of the bank, the people.
The comprehensive Audit Report, reviewed the top 75% by value of the loan portfolio by grouping loans by single borrower. In addition to the top 75% detailed review, a review of additional 15% of the portfolio was performed based primarily on debt-services, and on the Bank's repayment history criteria in conjunction with the National Bank of Ethiopia (NBE) directive SBB/18/96. The balance of the 90% of the 15% was selected from the top portion of the loan portfolio by borrower. Review based on Debit-service-tested 90% by value was used to determine the credit rating of the borrower in accordance with NBE's directive SBB/18/96. The majority of the accused borrowers (90%), fall under the category of top borrowers and reviewed accordingly.
The classifications used were:-
"PERFORMING LOANS"

  • "PASS"- against which a provision of 2% was made;
  • "SPECIAL MENTION"- against which a provision of 5% was made, and
  • "SUB-STANDARD" - against which a provision of 15% was made.

    "NONPERFORMING LOANS"

  • "DOUBTFUL" - against which a provision of 50% was made (after considering collateral), and
  • "LOSS" - against which a provision of 100% was made (after considering collateral)

    The debt-service performance of the Defendants as rated by Ernest and Young is recapitulated in the following tables.

    Commercial Bank of Ethiopia-Loan Status Report
    Table 1

  • SN Borrower ID Borrower Name Original Principal (Birr) Borrower Net Asset Value (Birr) E&Y Calculation CBE Rating Reference pages
    1 361 Nile International P.L.C, 4 loans and facilities 34,500,000 14,493,688 PASS (2) Sub-standard (2) 14 of 143
    2 518 Ajma Ethiopia P.L.C. An overdraft 10,089,270 10,769,274 PASS 20 of 143
    3 525 Mina Trading P.L.C, 6 loans and advances 74,718,700 4,529,005 PASS Ditto
    4 532 Star Business Group, 2 loans & advances 15,000,000 13,564,584 PASS 21 of 143
    5 533 Tana Transport P.L.C. A Term Loan 35,388,240 915,980 PASS Ditto
    6 534 Teddy P.L.C, 2 loans & advance 8,002,500 675,350 PASS Ditto
    7 535 Tiss Abay P.L.C, 5 loans & advances 102,412,500 21,070,000 PASS 21 of 143
    8 609 Abeba P.L.C, 4 loans & advances 44,270,715 2,056,256 PASS 30 of 143
    9 811 Bazen P.L.C, 2 loans 16,758,743 8,325,409 PASS Ditto
    10 1174 Abmar Enterprise, A Term Loan 4,648,075 6,229,876 PASS 41 of 143
    11 1203 Sami Yusuf, An overdraft 22,000,000 7,949,256 PASS 43 of 143
    12 1209 Yeshihareg Zewdie, An Overdraft 19,000,000 18,950,000 Doubtful Ditto
    13 1302 Tana International P.L.C. An Overdraft 1,000,000 2,917,511 PASS 46 of 143

    Summary of Credit Rating
    Table 2

    SN Credit Rating No. of Borrowers Loan Amount Birr (original principal) Percentage by: No. of Borrower Percentage by: Loan size (Birr) (original principal)
    I Performing Loans 12 368,788,743 92.3 95.1
    1 Pass 11 334,288,743 84.6 86.2
    2 Pass/Substandard 1 34,500,000 7.7 8.9
    II Non performing Loan 1 19,000,000 7.7 4.9
    1 Doubtful 1 19,000,000 7.7 4.9
    Total 13 387,788,743 100 100

    From this simple analysis as depicted on Tables 1 & 2, one can easily see, that loans advanced to these particular customers, had been performing well and repayments were regular, except one customer (Borrower ID 1209).
    The credit status today, is different from that of the status during the period under review. The credit rating classified as "Doubtful" (Borrower ID 1209) was regularized and had became performing, till the date the borrower was arrested. The current loan status of others, for example:- Star Business Group Plc (Borrower ID 532) has fully settled (the principal plus interest), and has no outstanding credit relationship with CBE. Likewise, the outstanding balances of Mina Trading Plc (Borrower ID 525) and Tiss Abay P.L.C (Borrower ID 533) are less than Birr 40,000,000 and Birr 78,000,000 respectively. The current balance of Tana Transport Plc stood at less than Birr 19,000,000 and being regularly paid as per the loan contract, even after the detention of company shareholders and General Manager.
    This doesn't, however, mean status-quo could be maintained forever. Infact, external factors as what has been happening for the last one year (the 'Anti-Corruption' campaign) regarding the accused CBE clientele (political risk);the economic slow-down, and other business risk combined, could adversely affect loan repayments and escalate the problem of non-repayment of loans. Anyway, what we discussed today might be entirely different tomorrow.
    If access to information is possible, interested parties may refer to the loan files of the lending branches and/or the credit officials of CBE, to verify the credibility of these facts and figures. At this point of time, we know that we are discussing the truth and only the truth.
    With this information in mind, let us move to the third and core aspect of this paper.

    III. A brief Analysis of CBE's lending principles and practices viz-a-viz the charge

    This is not an attempt aiming at an exhaustive (detailed) scrutiny of CBE credit policy and procedure, it is rather trying to look for the generally accepted credit principles and lending operations, here at CBE and international levels; and thereby to throw some light in relations to the charges.
    There is no exhaustive lending policy as such, micro-circumstance and macro-economic situations may change adversely and/or positively for business. Even though policies should be flexible to accommodate changes of any nature, sometimes management may decide exceptionally due to detecting business environment. Lack of sensitivity to the changing economic conditions may bring about problem loans. Since the command economy has been transformed to market economy, CBE management has been trying hard to positively react to the ever changing business environment and economic conditions. Whatever the situations is, however, management has to take decision. These decisions, by any standard can not be considered as an illegal manipulation of loans. In the contrary, CBE customers were jailed for taking loan, and the bankers for making decisions.
    In the process of considering a certain loan application, the question that must dealt with before any other is whether or not the customer can service the loan-this is pay out the credit when due, with a comfortable margin for error. This involves detailed study of several aspects of the loan application. Among the aspects, such as capacity, cash, collateral, condition ..., the core aspect of any credit analysis is "knowing the 'character' of the borrower". The assessment of the 'character' aspect encompasses and ensures such personal traits as, responsibility, truthfulness, serious purpose and serious intention to repay all monies owed.
    As one can see from the review study of E & Y, the monies owed to the accused business people had been performing superbly and repaid regularly as per the loan contract. On the other hand, 60% of the charge constitutes 'discrepancies' related to "approvals" and "extensions" of the loans to the defendants.
    The Bank, however, still believes that these borrowers have been serious business people with serious purpose and serious intention to repay their loans. They might not be considered as "Corporate Customers", otherwise. Why then the accusation? From banking point of view, one cannot see any apparent reason to believe what is going on in this wretched poor country.
    Bank loans may be either secured or unsecured (or on clean bases). Unsecured loans have no specific borrower assets pledged behind them. These loans rest largely on the reputation and estimated earning power of the borrower. This is not a new phenomenal exercise exclusively practiced only at CBE. Even the newly born small private commercial banks extend loans on clean bases. In any part of this world where banks exist;large corporations and other borrowers, (including high risk area like rural credit) with impeccable credit ratings often borrow unsecured, with no specific collateral pledged behind their loans.
    About 25% of the discrepancies mentioned on the charge are directly related to collateral. The charge accuses the detained bankers and business people for extending and borrowing money, with low value collateralized assets, including inventories, fixed assets, vehicles, etc. Even, accepting securities such as financial guarantee (Bond), share certificates; and personal guarantee, etc., as collateral are also considered as criminal act.
    How come loan committees authorized to extend unsecured loans are blamed as providing loans with low value collateral? It is utterly nonsense.
    Table 3 below shows clean loan policy of CBE for loan committees at the Head Office:

    Table 3
    Ser. No. Loan Committee Name Unsecured Loan Amtount (Birr)
    1 Board of Management greater than 10,000,000
    2 Executive Management Credit Committee between 2,000,000 and 10,000,000
    3 Management Credit Committee less than 2,000,000

    The board of Management alone could extend unsecured loans greater than 10 million Birr, others do have also similarly authority as depicted on Table 3 above.
    The accusation, I think may be emanated from sheer ignorance of lending practices, or may constitute malicious intentions; who knows.
    No one could claim that loan processes and documentation are flawless and with no weakness; particularly during this continuously changing economic and business environment and own internally generated weaknesses.
    Loans that are performing well but have minor weaknesses because the bank has not followed its own loan policy or has failed to get full documentation from the borrower; are classified according to the international credit ratings standard as CRITICIZED LOANS. These loans are simply called for rectification. No less no more. They don't constitute and kind of illegal doings, what so ever the case might be.
    So-called "discrepancies" enumerated on the charge are all seem to be related to minor weaknesses (if any) - such as the bank not following its own policy and procedures and cases related to shortfall of full documentation.

    IV. Conclusion

    When a bank gets into serious financial trouble, its problem usually spring from loans that have become uncollectable. The principal reasons for non-repayment of loans are the followings.

    1. Mismanagement,
    2. Misguided lending policies,
    3. Economic downturn, and
    4. Illegal manipulation of loans.
    From what we have discussed hitherto, the charges petitioned against the defendants could not so far managed to establish criminal act as examined from credit view point, what so ever.Apparently, illegal manipulation of loans might entail severe financial problem, and could be a good reason for uncollectability of loans. However, the borrowers we are talking about do have no problem of non-repayment, and the nature of the discrepancies cited on the charge are but daily routine credit operations, which have nothing to do with unlawful practices, particularly from a view point of credit.
    Item 1 & 2, mismanagement and misguided lending operations, are internally generated management problems, which could be taken care of through restructuring programs and continuos overhauling of the Bank, or any organization, for that matter. It might not be an easy task as usually anticipated. From past experience, restructuring government banks was appeared to be difficult, particularly the attitude of the personnel to accept the new change. Coming back to the point, problems emanated as the outcome of items 1 & 2 could not constitute criminal act of corruption.
    Item 3, economic down turn has been serious problem since the inception of Ethio-Eritrean border conflict. To day this has been exacerbated by the so-called "Anti-Corruption" Campaign, which has already sacrificed scores of seasoned bankers and top-notch members of business community. As a consequence, export, interm of volume and value slumped to it's lowest level ever. Import, domestic trade and manufacturing (consumption and production as a whole) have been weakened as the result of fall in farm output prices, which inturn negatively affect borrowings and contributed to the pile up of non-performing loans.
    How well a bank performs its lending functions has a great deal to do with economic health of its command area of activities. Because bank loans support the growth of a new business and jobs within the bank's trade territory and promote economic vitality.
    In the contrary, what is happening today, seems to be 'self-inflicted-recession'. Because, while the economy urgently needs capital injection, enabling policy and working environment, winning the trust and confidence of business community, and above all good governance. The "democratic" government of Ethiopia, however, has been extremely busy in arresting veteran bankers and prominent businesspeople as scapegoat to cover-up its weakness as a manager of the country.
    Alas!! This is unbelievably newfangled breakthrough ever seen, ever heard, anywhere in our beloved planet;detaining people, because of borrowing and extending loans.
    One day, someone, sooner or later might sue the World Bank and IMF, who candidly and fondly have sponsored and financed the "Anti-Corruption Campaign", which as a result inflicted unprecedented moral, physical and material damage to innocent people and their families. Ladies and gentlemen, never and ever rule out the possibilities, it is just a matter of time.

    Appendix 1.3
    The outcome of the anti-corruption campaign and its impact on the micro (CBE) and macro (the banking sector and the ethiopian economic) conditions

    A The unexpected Outcome of the Anti-corruption Campaign

    The politically motivated arbitrary action of the government under the disguise of "Anti-Corruption Campaign" has completed its first anniversary last May. This unwarranted campaign calculated to generate political profit for the Prime Minister and his group has resulted in incalculable losses to the national economy, aside from the unexpected political crises it has caused all contrary to the purpose it has been intended for.
    Ever since the beginning of the campaign, the Ethiopian economy which was expected to recover from the boarder war with Eritrea, has been going into a deepening depression. This is manifested by the low demand for consumer goods and services, low price for agricultural products, factories operating under capacity, low turnover in domestic trade businesses, and absence of investment both domestic and foreign. Thousands of businesses from across all sectors are returning their licenses to the issuing organs of government. The business community and peasants from all over the country are protesting against the taxes levied upon them which do not take into consideration the current economic reality of the country. All these added up have resulted in lay-off and thus massive unemployment which is spirally driving the economy from bad to worse.
    Indecision in both the civil service and public enterprises is now prevalent, compounding the inefficiency of the already retarded system. Businesspeople and professionals are leaving the country. This is accompanied by capital flight. Employees are abandoning the civil service and public enterprises as much as they could and no able person with a choice is attracted to fill in vacancies in such institutions.
    Frustrated by the shocks on the economy which resulted directly or indirectly from the campaign, the government has been desperately trying to take some shock treatments; but all in vain. Here below are some of the futile attempts.

    I. Bank Interest-rate Reduction
    After reading the signals of the effects of its action on CBE's executives and more than a dozen of prominent customers who have been put in jail, the Government (through NBE) has slashed down interest on deposits from 6% per annum to 3%, which also resulted in reduced lending rate by the same margin from 10.5% down to 7.5% by the leading bank (CBE) which was followed by the other commercial banks as well. Although this move has apparently reduced the interest expense of the CBE by half, by itself and alone, it has not served as a driving force to attract potential and existing borrowers, whose confidence has been eroded, to approach the banks; especially the CBE. It proved nothing but the fact that lower lending interest rate has little value in a politically unstable, legally unpredictable and dying economic environment. So far, there is no signal of any sort that shows the positive effect of the intervention.

    II. Regional Governments' Appeal for Investment
    Many regional governments have been organizing conferences, symposiums, exhibitions and workshops with the objective of attracting investors. Various government media have been used to communicate their preparedness to host investors. Addis Ababa, Amara and Afar regions are among those which are making such a relentless effort to attract investors. Sadly, the response is discouragingly low.

    III. Attempt to Improve the Investment Code
    It has been on the media that the Ethiopian Investment Authority has prepared a new investment code and the Council of Ministers has approved and forwarded it for the Parliament's deliberation. While it is important to have a flexible, competitive and attractive investment code to attract both domestic and foreign capital for investment, it is not a guarantee to achieve it.

    IV. Workshops on New Modalities of Bank Lending
    Following the business community's retreat from applying for bank loans, a workshop in which banks and members of the business community participated was organized by the government. The objective of this workshop was to workout ways and means by which banks could lend money to the various sectors of the economy without asking for collateral. What an irony; this is the very issue (i.e approving loans to borrowers with insufficient collateral et al) because of which the bank executives have been put behind bars. It is amazing and inconsistent to see the government preaching to bankers to give loans even without collateral let alone partially collateralized requests.

    V. Government Sponsored Seminars
    A constellation of seminars have been going on during the last one year under the names "Tehadso" and "Capacity Building", while "Tehadso" literally means "renovation" it has little effect in treating the illness of the economy. For it is a process of passing each participant through a test of political loyalty to the winner faction of the ruling party.
    As far as "Capacity Building" seminars is concerned, it is another paradox the motive of which is very hard to understand. Building on what you have is rational. But trying to build new capacity while destroying the limited capacity one has, by way of destabilizing, incapacitating, detention and what not, is a puzzle. The starting questions should have been what capacity does the country have? Is it using the existing capacity to its maximum limit? Which ones are redundant or even obsolete capacities that need to be rationalized or replaced? etc. This should have been the approach rather than rushing to create the fad of the season.

    VI. Trips Abroad Aimed at Promoting FDI
    The Prime Minster and other high government officials had business trips to various European countries including Ireland, Belgium and Italy geared to promote Ethiopia as a destination for investment. While crushing existing and potential domestic investors it is surprising to see high government officials traveling thousands of miles to fish for new foreign investors - another paradox. It seems appropriate that the government has to be reminded of the time old saying "A bird at hand is worth two in the bush" to start with. In fact any foreign investor meets and discusses with the domestic business people before even contemplating to invest in another country. It is illogical to think what is not attractive to domestic investors will be attractive to foreign investors.

    VII. Government and Chamber of Commerce Joint Meeting
    Recently, the Addis Ababa Chamber of Commerce had a joint meeting with high government officials including the Minister of Commerce and Industry on business-government partnership promotion. One of the critical bottlenecks raised by the representatives of the business community was the problem of liquidity caused by the absence of bank loans from the CBE. The Minister's reaction to this complaint was "CBE's executives will be instructed to grant loans. Not granting loans, they will be told, is one form of corruption." This statement of the Minister was transmitted in the media.
    The government has put bank executives behind bars for approving loans in accordance with the bank's policy and international banking practices. On the other hand, a high government official is intimidating the new bank management not to refrain from approving bank loans, but of course at their own risk. It is hard to reconcile between what the government likes and what it dislikes. Recently, it was announced that the Board of Management of CBE is out of credit decision making leaving the job to the management. While this is something to be appreciated, the minister's statement regarding instructing bank executives to give loans defeats the purpose of professional independence the bankers are supposed to have.

    VIII. Management Reshufflement
    The Board of Management and the Executive Management of CBE have recently (mid June) made reshufflement in some top and senior management posts. This is following the freezing of the bank's activities as the management's and employees reaction to the government campaign of destruction and blackmail on the Bank and its employees. Worried by the situation, intervention by way of reshuffling some management position seem to have been considered as a remedy. Although too early to comment on its effect, it is the wrong solution to the problem. Nothing is expected to be right until trust, confidence and employee morale is restored.

    IX. Introducing Best Investors Award
    When the Ethiopian Investment Authority announced to the business community about the introduction of the award in caption, at the end of May, the reaction of the business community and the Chamber of Commerce was, "Forget your award and let the Government hands off the arbitrary action on members of the business community which erodes our confidence". All the same, the reaction of the business community notwithstanding the first award program has taken place as scheduled during the third week of June 2002. The reality is, awards and other incentives, however, important they may be, have never been substitute for consistent, reliable, and stable legal business environment.

    X. Land Lease Improvement Proclamation
    The Addis Ababa Region and other regions alike have been promoting new land lease proclamations issued to replace those which have been at work so far. Still, there is no favorable reaction from potential investors be it domestic or international.
    These are some of the crises management moves the Government has been trying to take. So far, neither the individual actions nor a combination thereof have fetched visible favorable outcome. Contrary to what the government is to make us believe, the economy is nose-diving. The crises, both economic and political will continue to spirally grow until the government is ready to acknowledge the real problems of the Country.

    B The campaign and its effect on CBE and the banking sector
    The financial (banking) sector, mainly the Commercial Bank of Ethiopia (CBE), is the most drastically affected parts of the economy by the unholy campaign that has been going on during the last one year. This part of the report attempts to depict the consequences of the campaign in terms of the growth of the loan portfolio, non-performing loans, profit, liquidity, employee morale, decision-making, and customers' reaction at the CBE as a dominant representative of the Ethiopian Banking Sector.

    I. Volume of the Credit Portfolio and Non-Performing Loans
    At the CBE the average growth rate of the loan portfolio (total loans outstanding) was about 7% per annum during the year 1997 to 2001. The trend during these years and before was one of uninterrupted growth until it reached Birr 10.4 billion in 2001. Unlike the preceding years, the campaign year, ending June 30, 2002 recorded negative growth of 3% where the total outstanding loan portfolio declined to 10.1 billion Birr. As new loans are not being disbursed owing to the indecision and growing confusion within the Bank the decline can only be expected to continue. Negative growth of loans is a worrisome issue for a bank like CBE whose loanable funds is continuously growing at an alarming rate. As a result of the growth of deposits accompanied by decline of the volume of outstanding loans, it is clear that effective use of liquid assets is deteriorating.
    On the other hand, non-performing loans (NPLs) have skyrocketed both in CBE and the other banks operating in the country during the campaign year. As the table below depicts, CBE's NPLs have shot up by 55% from June 30, 2001 to June 30, 2002. (Please see the table below):

    June 30, 2001 June 30, 2002
    NPLs (in amount) 3.2 billion Birr 4.9 billion Birr
    NPLs (in%) 31% 48%
    Increase of NPLs (amount) 1.7 billion Birr
    Increase of NPLs (in%) 55%

    All these reveal that the post campaign position of the Bank has shown significant deterioration. It is learned that the management of the Bank is systematically overlooking the classification of NPLs on the basis of 90 days non repayment, which was put into effect from 1997 to 2001. Had it not been for this shift of standard, the real level of NPLs shows uglier picture than the above figures show.

    II. Liquidity and Profit
    The amount of deposits at the CBE is steadily increasing. As at June 30, 2002, total deposits (time and demand deposits) are over Birr 20.5 billion. Taking the decline in volume of loans outstanding the growth of deposits imply increase in overliquidity which was already a serious concern to the Bank. The figures below demonstrate this fact very well.

    Total Deposit Birr 20.5 billion (a)
    Economic loans (high yield) Birr 10.1 billion (b)
    Government Bonds & TB (low yield) Birr 5.5 billion (c)
    Liquid Assets at hand a - (b+c) Birr 4.9 billion (d)

    The above data may appear to show that there is nearly 5 billion idle liquid asset. But if one takes a closer look, the low yield GB and TB assets fetch interest below the cost of funds. The Bank was involved in these transactions simply because it is better to get low yield than nothing from the excess liquidity. Otherwise, the total excess liquidity of the Bank is not only 4.9 billion Birr but over 10 billion Birr (c+d). Thus, the loan to deposit ratio at CBE is lower than 50%. This is a time bomb threatening not only the CBE but the entire banking sector if the situation continues.
    There is little or no demand for credit from CBE from the private sector. Nor is there a confidence to make credit decisions. It appears that the Bank's market will be limited to public enterprises, government bonds (GB) and Treasury bills (TB). This marginalizes the private sector from making use of the biggest bank's idle resources-defeating the purpose of supporting the private sector which the Government preaches to be the engine for growth of the National economy.
    Another important indicator of the Bank's performance is profitability. As at June 30, 2002, the Bank's gross profit for the year is about 630 million Birr. This is lower than that of the previous year, which was Birr 731.1 million by 101 million Birr or 14%. Had it not been to the over 330 million Birr of income earned from the International banking activities including the depreciation of Birr against the Dollar the Bank's profitability could have been a disaster. It should be noted that the profit of the year is way bellow the plan. This is not surprising given the campaign of destruction that has been waged on the Bank. In fact,
    • the volume of outstanding loan portfolio has shown a decline,
    • NPLs have grown by 55%, and
    • the volume of international banking business (commissions and charges) has shown significant decline.
    All these contribute to the decline of profit of the Bank. Therefore, unless "creative accounting" is used to realize unearned income, (which we are afraid is the case), the damage inflicted on the profitability of the Bank should be more.

    III. Decision-Making and Employee Morale at the CBE
    The Commercial Bank of Ethiopia has been one of the prime targets and a victim of the so-called "anti-corruption campaign." Among other things, decision making has been paralyzed and employee morale devastated.
    Following the imprisonment of the Bank's executives and senior management members, the current management and employee do not have the enthusiasm and zeal to accomplish their routine duty let alone to excel. Fear, indecision, passing-the-back, shying away from taking responsibility are the orders of the day at the CBE. Each employee feels that he/she may be the next candidate for arbitrary harassment and imprisonment under the disguise of "anti-corruption campaign".
    Since the beginning of the campaign, credit decisions are not being made. Even renewal of existing facilities is becoming unblessed task. Despite the fact that time is of the essence in the business of banking wait and see has became the statusquo. Knowing very well this state of affairs at the Bank, no customers are applying for new loans. Simply stated the Bank is now living on credit and other decisions made in the past.
    Managers from all levels, credit analysts and other high caliber employees are leaving the Bank. Those sent for higher education, workshops, seminars and business trip abroad are not coming back. Those who are still with the Bank are actively involved in job hunting with the objective of abandoning the Bank and free themselves from the possible nightmare they see themselves may encounter at CBE. In a nutshell, employee morale and initiative are at the lowest level they can be.
    CBE's employee resistance against the so-called campaign of the Government is easily demonstrated by the recent incident at the Bank. About one month ago, the Bank's employees were asked by the Government to nominate "anti-corruption" officer for the bank from among the employees. The employees protested that the campaign lacks transparency, objectivity and fairness. They didn't hide to express their belief that it is the Government's political agenda having nothing to do with corruption at the Bank. Finally, the meeting called for this purpose was dismissed as the employees rejected the request. The Government, realizing the clear message from the employees of the Bank immediately planted someone from the Prime Minister's Office. One can imagine the effect of deploying a stranger at the Bank to serve as a watchdog for the Government. Under the circumstances, how can one blame the employees for not making decision, taking initiatives and committed to do their best.

    IV. Customers' Reaction
    The campaign's unwanted effects are not limited to the Bank and its employees only. In deed, it has caused far-reaching mishaps to the way the customers are doing business with CBE. The detention of the prominent members of the business community has let the customers of the Bank to develop the impression that;"borrowing from a government bank is a crime that denies people their constitutional right".
    Following the Government's wild action, many customers of the Bank have rushed to settle their loans and other facilities well before their due dates; in order to save themselves from harassment and detention to which their fellow businesspeople have been subjected. Other customers, who couldn't settle their loans from their own sources have arranged with private banks to settle their loans with CBE. Of the prominent customers with the Bank, only those whose loans are too big to be settled with loans secured from private banks remain with the Bank.
    Some of the other reactions of the customers of the Bank include freezing expansion plans, scaling down operations, dropping growth opportunities etc. Although difficult to establish its magnitude capital flight is becoming a growing phenomenon. Foreign Direct Investments, which was meager from the outset is dried up completely during the last year.
    In general, the campaign has caused the customers and the business community to develop phobia against banking with government banks in particular and all banks in general. This, if it remains unchecked, may have the potential to lead to systemic crises.

    V. CBE's Proposed Foreign Management Contract
    It is recalled that the Ethiopian Government had a plan to launch a foreign management contract for the CBE. The objective was to transform the Bank to a modern, internationally competitive bank. To bring the plan into effect precious time of the Board and executive management has been spent for more than one year.
    The negotiation with the State Bank of India (SBI) was almost concluded. The last response leading to SBI's takeover of the management of the Bank was being awaited. Meanwhile, the SBI learned the imprisonment of CBE's executives. The response from SBI contrary to the expectation on the Ethiopian side, was total cancellation of the deal. It is only intelligent move resulting from the correct heading of the kind of governance, regulatory, and legal environment they would have encountered if they accepted the contract. With this the project was aborted and the government had to take emergency measure i.e appoint management to fight the crisis which has been spirally compounding to date.
    In conclusion the wild moves the government has been taking have not done any good to the government, to the country and the Ethiopian economy. It is rather ruining the country economically, socially and politically. If the government feels any sense of responsibility it is time to admit mistakes and correct them before it is too late. Otherwise the peoples of Ethiopia and the international community should join hands to pressurize the government which is leading the country down the drain.

    Appendix 1.4
    Business Community and the Anti Corruption Campaign

    Following the Government's May 2001 offensive, fear and uncertainty permeated the business community. A stampede broke out, some left the country via Bole while others opted for Bale. Those who stayed behind in the country were no where to been seen. By summer, the entire business activity in the country was in a complete disarray. Concern for one's personal safety became the number one priority and managing one's business operations was virtually neglected. Thus the government induced recession, so it appears, was well underway and the economy started going down-hill at a free fall velocity.
    The fall-out from the offensive campaign is far reaching and affects various sectors of the economy. The effect can be expected to last a long time, primarily because of confidence crises. The capricious move of the government under the guise of eradicating 'Musena" has left a bad and bitter after-taste that confidence, the foundation for attracting and encouraging investment, has been shattered. Business investment flourishes in an environment where the rules of the game are known to all players. Where government policies and regulations are transparent, competition conducted under the rules of market economy and the judicial system operates in an impartial manner, enforcing the spirit and letter of the law, confidence is enhanced and credibility strengthened. Sudden and unpredictable events, measures and actions, can irreparably damage business development and economic growth. This is particularly devastating when the perpetrator is the government itself.
    In such an environment, as the country finds itself since the May offensive, the business community has taken a 'wait-and-see' stance. Business transactions, the buying and selling of goods and services has come near a complete halt. As a result inventory build-up has reached an all time high. Deflationary pressures are building upon as is evident in the collapse of prices across the board. Many learned economists would prefer to see some inflation rather than deflation in a developing country like Ethiopia. As the days pass by, business owners watch helplessly the value of their assets continue to erode for reasons beyond their control.
    The immediate effect of this calamity is felt every where in the private sector. The last few years it was experiencing a satisfactory growth but is now retrenching. Workers are laid off, expansion programs suspended, new investment plans discarded, production scaled back and as a result losses from operations are mounting and liquidity crunch is ever-growing. At present no one, except perhaps the government, can see the light or the end of the tunnel. The deep recession that has taken hold of the country is also taking its toll on the nascent, but once flourishing private banks. Because of the dire business condition in the country, non-performing loans among the private banks, much like the government owned CBE, DBE and CBB, are growing to dangerous levels. A renowned economist, Ato Neway Gebreab of the Prime Minister's Office has lately put it as high as 6% of GDP. If this is not controlled in a timely fashion, it can rock the very foundation of the financial system in the country. Loan non-repayments and lack of appropriate turnover of credit facilities are worsening from month to month. Inability of businesses to generate adequate cash flow is the primary reason for the unacceptable jump in non-performing loans. If the current situation continues to prevail, the ratio of impaired credit to total loans will surley catch-up with those banks owned by the government. That ratio is presently hovering around the 50% level as reported in some circles.
    Compounding the problem of expanding rate of bad loans, i.e the sharp decline in credit demand from businesses, loan demand from private banks has reached a five year low level. Those few businesses who apply are held at bay and spend an inordinate amount of time waiting for a decision. Despite the low level of credit demand, bank managers of private and public banks remain fearful about approving loans. The May campaign has sent a horrifying terror with a clear message to the banking and business communities based on the dictum of Shakespeare: "neither a borrower nor a lender be". Put differently, taking a loan from a bank or for a banker to approve a credit is hazardous to ones well being. Because if you do, you run the risk of being imprisoned without a cause. There is no doubt that the campaign has stigmatized the lending and borrowing activities to a point where "banking phobia" in Ethiopia may have developed into a new psychiatric discipline by itself. It may however take a long time for the medical field to develop an effective therapy to deal with this new form of psychosis - banking phobia.
    Related to the lending and borrowing problem is the current abundance of liquidity in the banking system. With lending activity virtually at a stand-still, banks find themselves awash with lendable funds. The feeble attempt by the National Bank to stimulate the economy through reduction of interest rates has proved an ineffectual remedy. The reason for the failure of this measure is quite obvious from the outset. The recession is primarily psychologically driven and wrought about by the action of the government. Real interest rates have not changed much in the last several years. Business has not complained about high cost of funds. The reason people are not borrowing and bankers not lending is the fear of going to prison. Adjustment of monetary policy is not the much needed panacea for the ills of the country; nor do the disingenuous reports on the air waves alleviate the anxiety of the business community. The government must make a bold and decisive move that should clear the cloud of fear and doubt among its citizens. Only thus can one expect a meaningful improvement in the economy. The aims and objectives of the campaign can be maintained, but the Gestapo techniques to achieve its end must be curtailed. The rule of law as in any democratic society, must be respected and the constitution upheld as the supreme law of the nation. In the current context this would entail the reversal of the draconian proclamations particularly the one that denies bail to corruption suspects, the so-called Seeye's proclamation, because it is unfair and unconstitutional. Citizens should not be considered suspects because of innuendo and hearsay. The gathering of sufficient information and incriminating evidence should precede, the arrest of a citizen. En mass jailing may provide a dramatic political or theatrical appeal but seldom can it be constitutionally supported. Speedy trial must be ensured and legal proceedings must be completed within a reasonable time frame. Continuous court appearance without substantive progress in the case at hand is an egregious abuse of the right of the accused. The entire proceeding is no more than a travesty of justice. This is what must be addressed by the government to win the hearts and minds of its people. The government is pushing the wrong button on the panel of solutions. Interest rate reduction is not a responsive action to the current confidence crisis. What is needed is a political decision to calm the economic environment.
    Another fall out of the campaign is the 'state of indecision' that has paralyzed the state machinery, except the Anti-Corruption commission. This is particularly evident among the parastatals. Managers have become unwilling to make decisions. The distinction between managerial decision making and the commission of a crime has become blurred in the eyes of the inexperienced law enforcement personnel. Consequently, managers seem to have made a logical decision not to make any decisions because indecision is not a criminal offense as far as the government is concerned. Where professional judgment is questioned by a layman whose intellectual capacity is at best a suspect, can interpret pollicies and procedures in a rudimentary fashion or as he understand them. The professional's performance is not evaluated by his peers who understand the nature of the specialized business. Such an environment is bound to restrict the freedom of the professional to practice his art and field of expertise. In such a sorry state of circumstances the ability of the country to attract professionals is marginalized and its beckon for talent falls on deaf ears.
    Perhaps most of these problems could have been avoided had the business community and the public been invited to present their views during the promulgation of the proclamations. In any democratic society, and at times even in Ethiopia, the public is invited to comment on new legislation. In the proclamation pertaining to the anti-corruption measures, it seems clear that at least, the chamber of commerce should have been invited to comment on the content of the articles. That would have made a great deal of sense as the bill affects the business community as well as public officials. It must be accepted that for the most part, business can be an ally of the government. They both can work for the good of the country. If they can reach a consensus on the objectives of the government with respect to business, the means of achieving the agreed upon goal becomes all the more necessary. In the final analysis, the government has the absolute say and can accept, modify or reject comments received from the other party. In effect the government has nothing to lose and may have a lot to gain. Such a forum will make the business community a partner in the development program of the county.
    The wide schism between government and business must be closed, a bridge of healing, must be constructed to allow an unobstructed two-way street for the traffics of ideas from both parties to flow freely.
    It is understood that the members of the political leadership and officials of the government lack the experience and thus, the wisdom to effectively provide competent governance. As was the case with the previous regime, political loyalty has remained the most important criteria in filling various posts of the government. Party leaders play key roles in the administration of the government and more importantly, in formulating economic and political policies. Capable and experienced professionals continue to be purged from various offices because they are perceived as political suspects or their removal can serve ulterior political purposes. One can hardly forget the dismissal of several university professors, the technocrats from various parastatatals and most recently public and party officials due to political differences and alleged corruption charges. Dispensing a layer of professionals and experienced managerial talent was a common practice of the past regime and is unfortunately true of the current government as well. Education paid for by the people of Ethiopia, experience gained at the expense of its nationals are wasted because of political consideration. While the elimination of human resource is going on, we hear a lot about new capacity building initiatives.
    The country needs to educate its citizens, produce capable managers, bureaucrats and technocrats. But look and behold while as one hand builds the other tears down and in the process the country is the net loser. As usual, this state of affairs creates a sense of instability. Professionals, experienced and skilled people, have left and are leaving the country. Many love their country and do not migrate to the west for economic reasons only. Many professionals do so because they loathe the feeling of uncertainty created by the actions of the government.
    In recent months, the government has made some effort to reverse the exodus of professionals. Especially incentives including the passage of legislation that grants equal or similar privileges to Ethiopian expatriates as Ethiopian citizens is in place. The effort is commendable, but the results are dismal.
    In a meeting organized by Ministry of Foreign Affairs on this topic, questions were raised regarding the incarceration of government officials and business owners suspected of corruption crime. Although hard statistics are not available, it is apparent that there are more professionals leaving the country than those returning home for good. The reason is no different than the one cited above-lack of confidence and uncertainty. On the business side the opportunity cost of the anti-corruption campaign is indeed high. Not counting the less publicized cases involving managers of the customs office, a total of seventy six government officials and business owners were charged. All, save those who fled the country and those who are reported deceased, were ordered to go to their 'residence', to quote the official euphemism, "Kerchele" or prison. As they continue to languish, the business owners watch their businesses slowly but surley going down the drain. Inevitably, thousands of householders who are under their empoyment are losing their jobs - the only means of earning a living for their families. The businesses owned by those currently in prison are quite significant. Collectively they contribute substantially in the areas of transport, export and import, wholesale distributions and retailing. Volumes of business in these sectors have shown marked decline in the past year.
    In this connection it is worth noting the caliber and experience of the public official that are locked up. Many are holders of first and advanced degrees. Their education for the most part, was financed by the government of Ethiopia. In addition their combined years of experience easily exceeds one thousand years. (50 officials with an average experience of 20 years). What a waste! A throw away of public funds and years of hard work. By imprisoning these people on some bogus charges for one year, the country incurs a loss of fifty-man year of experience and actual production decline of similar value. One wonders if Ethiopia which suffers from an acute shortage of manpower, and one of the five least developed countries in the world, can afford to squander away such a valuable national asset!
    Reflecting on the effect of the campaign on the economy, one important area is the Direct Foreign Investment (DFI). For a variety of reasons, it is admitted that the country in the past several years has not proved to be an attractive place for foreign investors. In the last decade a flicker of hope was seen as a few foreigners actually passed the planning stage and invested in Ethiopia. Since the May offensive, however, no new DFI has been reported. Alarmed at this trend the government has bent backwards to encourage foreigners to invest. Trade missions are organized, bilateral trade agreements signed and at every opportunity foreigners are inveigled to invest. Try as it may, no expatriate in his right mind can make a decision to invest under the current political and economic climate.
    The facts indicate that it is difficult, if not impossible to engage in a long term investment endeavor. Business decision making is a rational process. One can take a calculated business risk, but must not be reckless. The present environment has become dangerous for its own nationals and has scared away foreigners. At the beginning of the campaign, foreigners were not exempted from the onslaught of the government. Among those initially arrested was an Irish subject who worked at joint venture automotive outfit. Another prominent investor in the brewery industry was cited in one of the corruption charges currently under litigation. It is reported that some of the principals of this organization have left the country or do not plan to return any time soon. The much talked about managerial contract between CBE and the State Bank of India was totally scrapped because of the obvious reason. The Indians felt that their safety was not guaranteed under the current banking environment. They are concerned about the indiscriminate arrest and imprisonment of bankers. The anti-corruption hysteria of the government has scared off many foreigners and even nationals. In all sincerity, the country should be lucky to keep the foreign investors who are already in the country, let alone attracting new investment. Inclusion of DFI is an important component in the planning of economic development. The country's problem is that of setting the right tone and creating a conducive and enabling climate to attract DFI. One must learn from other developing countries that have recorded proven track record in this field. It has been shown time and again that the most important success-element in attracting DFI, is the building of confidence and maintaining a stable environment.
    It is apparent that the government has not focussed on this point because, if it had, the anti-corruption campaign would have been conducted in a judicious manner befitting a democratic country. Propagating a wholly fictional adherence to the rule of law does not soothe investors' psyche. If the government is serious about attracting and encouraging investment, it must re-evaluate its policies (or lock on them) and rectify the political ills that have precipitated the country into an economic abyss. It should stay on course and avoid veering off the highway at every false alarm. Recognizing mistakes is a source of strength and not a sign of weakness. Adopting a pragmatic policy is by far more effective in developing the economy than maintaining stubborn ideological precepts. An enlightened democracy respects its constitution and subscribes to the rule of law. This can only be manifested by the day to day deeds of the government. Imprisoning citizens without bail and stone walling the judicial process is undemocratic and evil by its very nature. "Justice delayed is justice denied". Speedy trail is a constitutional right and the independence of the courts should not be only a mere concept but a living reality. Therefore, it follows to reason that if the suspects are not sentenced a year after their arrest they should be acquitted and set free.