In Ethiopia, the rights to freedom of peaceful assembly, expression and association are systematically undermined and suppressed by a combination of legislative and extra-legal limitations.
Interesting developments in Ethiopia: the government is holding consultations on possible amendments to the highly restrictive Anti-Terrorism Act and the Charities & Societies Proclamation...more details here: https://t.co/1K4Cua2lnK h/t @LaurenPinDC https://t.co/saBC5mSNxL— Saskia Brechenmacher (@SaskiaBrech) August 29, 2018
As part of Ethiopia’s ongoing reform process, spurred by new Prime Minister Dr. Abiy Ahmed, several contentious laws previously used to silence civil society, are currently being reviewed. In November 2018, several civil society organisations penned a joint letter asking the government to ensure that the draft Charities and Societies (CSO) Proclamation complies with regional and international human rights norms and standards relating to freedom of association. Suggestions included ensuring that the majority of CSO Board members are sourced from civil society through a transparent appointment process, and ensuring that all foreign and domestic CSOs operating in Ethiopia, are able to choose the areas they will work in and permit them to engage in lobbying and advocacy initiatives.
In other positive developments, in mid-November 2018, the Prime Minister Abiy Ahmed met members of 81 opposition parties to discuss reforming the electoral system, and promised fair elections in 2020. He also promised to open the political arena currently dominated by his EPRDF Coalition, the ruling party which has held power since 1991. The coalition and affiliated parties currently hold all seats in Parliament. Further, on 22nd November 2018, it was reported that opposition leader Birtukan Mideksa, was named head of the National Electoral Board as part of efforts to bring former rebels into the political mainstream. Birtukan who went on self-imposed exile in the United States of America in 2010, recently returned to Ethiopia under an Amnesty granted by Prime Minister Abiy. She was among opposition figures who were arrested in the violent aftermath of the 2005 general elections, after opposition groups challenged EPRDF’s victory.
On 20th October 2018 authorities released Henok Aklilu, a prominent lawyer who was arrested on 17th October for allegedly advocating for increased autonomy for the capital, Addis Ababa. Henok, a lawyer who is renowned for representing people accused of terrorism related offences, was arrested in his office alongside his friend Michael Melak, with whom he intends to form an association of Addis-born Ethiopians. The two had also been charged for “receiving training from the Palestine Consulate.”
According to Amnesty International, majority of the youth were arrested for offences not recognisable under criminal or international law. About 1459 people – were arrested in bars and shisha smoking dens. 94 people were arrested for chewing khat, a mild narcotic leaf, and 31 others were arrested in gambling houses. Another 1,200 youths were arrested for taking part in the 15th September protests. 1,000 of the detained were released on 18th October.
Joan Nyanyuki, Amnesty International Director for east Africa, the Horn and the Great Lakes said:
“The majority of people were arrested for perceived offences which are not recognised criminal offences under international law, such as smoking shisha or consuming khat. They must be either charged with a recognizable criminal offence or released. Those arrested for taking part in protests on the recent ethnic clashes must all be released immediately and unconditionally.
On 21st October 2018, 9 people were killed by security forces during a demonstration in Alamata, Tigray Region. According to local sources, at least 50 people were beaten and injured with gunshots by security forces who intervened to disperse the protestors.
On 26th and 27th October 2018, security forces used force to disperse demonstrators in Afar regional state in North Eastern Ethiopia, beating and injuring many and arrested at least 50 people. They were protesting against the local administration and demanding democratic reform and respect for human rights.
The adoption of the 2009 Charities and Societies Proclamation (CSP) has precipitated the near complete cessation of independent human rights reporting in the country.
The adoption of the 2009 Charities and Societies Proclamation (CSP) has precipitated the near complete cessation of independent human rights reporting in the country. Under CSP, international human rights groups are proscribed from working in the country and national groups are prohibited from receiving more than 10% of their funding from foreign sources if they work on a number of human rights issues including, inter alia, human and democratic rights, promotion of gender and religion, the rights of children and people with disabilities, conflict resolution or reconciliation and the promotion of the efficiency of justice and law enforcement agencies. Moreover, national groups are forced to receive explicit approval from the authorities to conduct any form of domestic fundraising and must provide detailed information of all individual benefactors. Under this highly restrictive legal framework, few organisations manage to operate in the country and those that have maintained their explicit human rights mandate are subjected to discriminatory application of the law as well as intimidation and harassment by the state.
While largely intolerant of public demonstrations, since 2015 the government has instituted an unprecedented and deadly crackdown on the right to freedom of assembly. The authorities frequently invoke restrictive legislation, including to proscribe groups critical of the government from holding public protests.
While largely intolerant of public demonstrations, since 2015 the government has instituted an unprecedented and deadly crackdown on the right to freedom of assembly. The authorities frequently invoke restrictive legislation, including to proscribe groups critical of the government from holding public protests. When demonstrations do occur they are frequently met with disproportionate, excessive and lethal force as well as arbitrary arrests of participants, supporters, organisors and monitors. In response to a recent wave of protests in the Oromia region beginning in November 2015, security forces have killed over 400 protesters, including scores of children, and arrested, detained or prosecuted thousands of others under the widely criticised 2009 Anti-Terrorism Proclamation (ATP). The protestors, who are opposing the dispossession of their land by the government under its national development plan, continue to demonstrate despite this violent state repression. Moreover, ongoing peaceful protests organised by members of the Muslim community in the capital, Addis Ababa, since 2012 have been subjected to unjustifiable and violent state obstruction. On at least four occasions, security forces used unwarranted and excessive force, including firing live ammunition and tear gas to disperse protestors. On3 August 2015, 18 Muslim leaders, protestors and journalists were sentenced to between 7 and 22 years in prisonunder the ATP.
The Anti-Terrorism Proclamation severely restricts freedom of expression, and has been widely used to stifle dissent. Police forces have imprisoned and sentenced scores of journalists using vague provisions of the law and forced dozens of others to flee the country to avoid further persecution.
The Anti-Terrorism Proclamation severely restricts freedom of expression, and has been widely used to stifle dissent. Police forces have imprisoned and sentenced scores of journalists using vague provisions of the law and forced dozens of others to flee the country to avoid further persecution. Currently at least 10 remain in prison under the ATP while 30 journalists fled the country in 2014 alone. The government also continues to arbitrarily close independent media outlets and censor online platforms. Also in 2014 at least six publications were unwarrantedly dissolved. The government has intensified its control over the Internet, and blocked access to independent websites or critical television and radio programmes. Assessments undertaken in early 2012 revealed that 65 websites related to news, 14 websites belonging to different Ethiopian political parties, 37 blogs, 7 audio-video websites, and 37 Facebook pages were not accessible in the country. The monitoring of telephone calls by security agents is also widely reported. Journalists both local and foreign are also barred by security agents from covering protests, such as the recent demonstrations in Oromia, which severely hampers documentation of rights violations committed during the protests.