Summary
On October 9, 2016, the Ethiopian government announced a
country-wide six-month state of emergency. This followed a year of widespread
protests against government policies that state security forces violently
suppressed, killing hundreds of people and detaining tens of thousands. [1] Protesters
also committed a number of attacks on government buildings and private
businesses perceived to be close to the ruling party.[2]
Government officials sought to justify the announced state of
emergency, and corresponding directives that were issued on October 15, by
contending that they were necessary in response to the threat posed by
“anti-peace groups in close collaboration with foreign elements.”[3] Officials
said they needed to “put an end to the damage that is being carried out against
infrastructure projects, health centers, [and] administration and justice
buildings.”[4] However,
damaging property is a crime under Ethiopia’s criminal law and the authorities
could prosecute such acts without invoking a state of emergency.
The state of emergency directive prescribes sweeping and vaguely
worded restrictions on a broad range of actions that undermine basic rights,
including freedom of expression, association and peaceful assembly, and go far
beyond what is permissible under international law.[5] Human
Rights Watch has documented serious rights violations and the curtailing of
freedom of assembly and expression since the protests began in November 2015. [6]
To some extent, the sweeping provisions effectively codify measures that
security forces have been committing unlawfully in response to the protests.
Under the state of emergency, the army will be further deployed country-wide
for at least six months -- this signifies a greater willingness by the
government to use the armed forces in what should be a law enforcement role.
The Ethiopian government is empowered to declare a state of
emergency under the constitution, “should an external invasion, a breakdown of
law and order which endangers the Constitutional order and which cannot be
controlled by the regular law enforcement agencies and personnel, a natural
disaster, or an epidemic occur.”[7] Under
the International Covenant on Civil and Political Rights (ICCPR), certain
rights may be derogated under a state of emergency but must be tailored to the
“exigencies of the situation,” while other rights may not be derogated under
any circumstances.[8] Under
the African Charter on Human and Peoples’ Rights, no derogation of charter
rights is allowed during a time of emergency.[9]
The United Nations Human Rights Committee, the international
expert body that interprets the ICCPR, has said in its General Comment No. 29
on states of emergency that governments need to “provide careful justification
not only for their decision to proclaim a state of emergency but also for any
specific measures based on such a proclamation.”[10]Whether
a specific measure is consistent with the “exigencies of the situation” depends
on its “duration, geographical coverage and material scope,” which must be
tailored to a particular situation.[11] To
restore a “state of normalcy where full respect for the Covenant can again be
secured must be the predominant objective.”[12]
Human Rights Watch has grave concerns that Ethiopia’s state of
emergency directive permits vague and overbroad restrictions beyond those
permitted under the ICCPR that threaten basic rights to free expression,
assembly, and association and may encourage violations of the rights to the
security of the person, including arbitrary detention and torture. For example,
violence has occurred in only two of Ethiopia’s nine regions, affecting less
than half the country, yet the geographic coverage of the state of emergency is
country-wide. As to duration, the state of emergency is for six months, the
maximum permissible under the Ethiopian constitution, yet the government has
not explained why the current situation warrants the longest possible period
allowed by law. Regarding material scope, the restrictions on free
expression rights, which include both content and forms of speech and protest,
go are well beyond the “exigencies of the situation” to permit the silencing of
peaceful expression and denial of access to information.
Human Rights Watch takes the position that for as long as the
state of emergency is lawfully in place, all provisions of the directive
inconsistent with the derogation provisions of the ICCPR should promptly be
repealed or revised. Ethiopia should also recognize that it remains obligated
to uphold all articles of the African Charter, which has no derogation
provisions. Individuals arbitrarily detained under the provisions or otherwise
subject to violations of their human rights should receive redress, including
prompt release and appropriate compensation.
1.
Restrictions on freedom of expression
a.
Access to information
The directive:
- restricts
the writing or sharing of material on social media, radio, or internet
that “could create misunderstanding between people or unrest.” [13]
- prohibits
access to diaspora television stations and other “similar linked terrorist
media” [US-based Ethiopian Satellite Television (ESAT) and Oromia Media
Network (OMN) are named].[14]
- enables
government to “censor and block” radio and television.[15]
- prevents
political parties from speaking to local or foreign media that has the
potential to disrupt “the security, sovereignty and the constitutional
order.”[16]
The directive, by obstructing or limiting platforms for
communication and banning the expression of anything that can “create
misunderstanding between people or unrest,” renders virtually all communication
as potentially criminal. The vague and overly-broad ban is ambiguous as to
which conduct could run afoul of the directive. This not only makes the
directive highly discretionary and prone to abusive and partisan
implementation, but, as may have been intended, also casts a severe chilling
effect on speech, and promotes self-censorship.
These restrictions also give legal backing to practices undertaken
by Ethiopian security forces to limit access to information since the protests
began in November 2015. The government has used various means to restrict
access to OMN and ESAT, including with attempts to jam those stations, destroy
satellite dishes on private homes, and arrest business owners who broadcast
these channels.[17] OMN
has reported being jammed 15 times since its March 2014 inception, and ESAT has
been intermittently jammed since 2010. International radio stations
broadcasting in one of Ethiopia’s languages including Voice of America and
Deutsche Welle have also reported increased incidence of jamming of their
broadcast signals in recent months. Several Ethiopian journalists, bloggers,
and fixers have been arrested since the protests began. [18]
The Ethiopian government has long committed abuses against media
professionals, including harassment and intimidation of journalists, trumped-up
prosecutions of journalists under the antiterrorism law, and harassment of
sources, printers, publishers, and others.[19] In
Africa, only Eritrea has more journalists in detention than Ethiopia. Since the
protests began, international journalists have reported more difficulties than
usual in acquiring visas, in accessing areas of protest, and some have been
detained.[20]
Social media, particularly Facebook, has played a key role in
the dissemination of information throughout the protests, particularly among
young Ethiopians. There have been various restrictions on social media since
protests began including the complete shutdown of the internet, and since
October 5, the blocking of mobile phone internet access.[21] Security
forces have also regularly searched smartphones for videos or social media
posts, and there have been regular arrests of those accused of filming or
sharing videos. Armed soldiers have searched students’ phones in and out of
schools in some locations. The government has stated that social media is being
used by “anti-peace elements” to coordinate property destruction and incite
people to violence.[22] Incitement
to violence is covered by existing Ethiopian laws and any one can be prosecuted
for such a crime.
b.
Limits on communication to NGOs, foreign governments, and other
entities
The directive prohibits any communication with undefined
“terrorists and anti-peace groups” and communications to foreign governments
and NGOs that could affect “security, sovereignty and the constitutional
order.”[23] These
sweeping restrictions are both vague and overbroad and curtail free expression
rights well beyond the scope of the situation.
“Terrorist and anti-peace groups” are not defined in the
directive. The government has commonly used these terms to include the
activities of peaceful protesters, civil society and political activists,
including those in the diaspora, and media stations, including OMN and ESAT.
Terrorism is loosely defined in the problematic antiterrorism law, and has been
broadly applied in criminal cases to anyone who expresses dissent with
government policies, including journalists, opposition politicians, and
activists.[24] There
is little independence of the judiciary in terrorism cases under Ethiopia’s
antiterrorism law, rarely acquittals, and numerous due process concerns. [25]
Historically, many of those that express contrary views to
government policies are arrested and accused of providing support or taking
direction from one of the five designated terrorist organizations, which
includes the Oromo Liberation Front (OLF) and Ginbot 7. Many are released
without charge following detention, which often includes ill-treatment and
torture during interrogations.[26] Since
2009, the few who are charged are usually charged under the antiterrorism law.
Alleged communication or a connection with these “terrorist groups” is often
the basis for charges, even though credible evidence of communication with
those groups is rarely, if ever, provided.
Given the long-time use of similarly overly broad language in
the antiterrorism law to crack down on peaceful expressions of dissent, this
provision of the directive could be used as a pretext to target anyone lawfully
communicating about diverse topics, including or expressing or sharing
criticism of the government.
The government has gone to great lengths to restrict the flow of
information on human rights abuses to foreign governments and to domestic and
international NGOs. Directive provisions restricting communication with NGOs
further erodes the role of civil society groups that has already been severely
curtailed since the 2009 Charities and Societies Proclamation was passed.[27] This
law limits foreign funding of domestic NGOs working in good governance and
human rights to 10 percent of its budget, effectively closing or restricting
the activities of all NGOs working in those areas. International human rights
NGOs already face significant restrictions, are denied access to Ethiopia for
research, and there are regular arrests of those suspected of sharing
information with those NGOs. Recently, some government officials have sought to
blame unrest on human rights groups[28] documenting
security force abuses and calling for credible investigations.
Limitations on communications with foreign governments, combined
with restrictions on diplomats[29] traveling
more than 40 kilometers outside of Addis Ababa, will severely curtail the
ability of foreign governments to access independent information that is needed
to formulate coherent and timely responses to events as they unfold. It is not
clear what impact this measure could have on the provision of much needed
humanitarian assistance and development projects that are funded and in some
cases implemented by foreign governments.
2.
Restrictions on freedom of assembly and protest
a.
Country-wide protest ban
According to the directive “any assembly or protest without
authorization from command post is prohibited.”[30] There
are also further measures prohibiting protests or activities that could
“prevent education institutions from carrying out their mandate, closing their
institutions, or causing any damage to their infrastructure.”[31] There
are also prohibitions on protests at sporting events and on public holidays it
is prohibited to “show any slogan or agenda unrelated” to that holiday.[32] While
some restrictions on assembly may be justified under a state of emergency, a
blanket ban on protests country-wide is overly broad. Any criminal acts
committed during a protest should be prosecuted under Ethiopian law. The vast
majority of the hundreds of protests since November 2015 have been peaceful,
and most of the violence that occurred after Irreecha was not done as part of a
protest.[33] A
blanket ban on protests further reduces outlets for the peaceful expression of
grievances.
Protests have not been expressly outlawed since November 2015,
but the government has taken various steps to restrict protests. The government
has repeatedly stated that protests were “illegal”[34] because
permission had not been sought from authorities. [35]
Domestic law requires authorities to be “notified” of protests. Some protesters
told Human Rights Watch they were arrested when they sought permission from
local authorities or were denied permission for no particular reason. In some
locations in Oromia, protests were allowed to proceed but were quickly broken
up by security forces using teargas, live ammunition, beatings, and arrests. In
Amhara region in August, security forces used live ammunition to break up
protests. Other strategies to restrict protests since November 2015 included
pre-emptive arrests of perceived protest leaders, confiscation of tools used to
mobilize for protests including phones, security forces occupying schools, and
arrests of teachers, parents, local government officials and others as
punishment for student protests.
b. Criminalization
of forms of protest
The directive prohibits:
- “Closing
any licensed businesses or shops or government bodies that give service to
the public, [or] disappearing from business premises for no particular
reason.”[36]
- “Closing
or blocking of any roads, [or] disrupting transport services.[37]
Over the last year, some protesters have engaged in forms of
non-violent protest that protesters feel make them less prone to security force
abuses including blocking of roads, general strikes, and closing of businesses.
Prohibiting the closure of businesses is not related to stemming
violence and the property destruction that has occurred since Irreecha.
Business owners should be able to open and close their business as they see
fit. These measures are a further attempt to close off other avenues for
peaceful protest, particularly those that may have actual or perceived negative
impact on Ethiopia’s economy.
3.
Arbitrary detention and lack of due process
Under the directive, those who do not comply with its measures
can be arrested without a “court order” and detained “in a place assigned by
the command post until the end of the state of emergency.”[38] Government
can “decide whether to teach the necessary rehabilitation and release or
present them before court when necessary.”[39]
While some measure of detention is permitted during a state of
emergency, the widespread detention that is enabled under the directive and has
occurred since November 2015 is not permitted under international law.
Prohibitions on torture and arbitrary detention are not derogable under any
condition.[40] According
to General Comment 29, the prohibitions against taking of hostages, abductions
or unacknowledged detention are not subject to derogation
[emphasis added].[41] Fundamental
requirements of fair trial must be respected during a state of emergency.[42]
These measures effectively codify unlawful government actions
that have largely been used since November 2015, particularly in Oromia. There
have been tens of thousands of individuals detained since the protests began.
Some are charged, some are held in dentition indefinitely, and others undergo a
short “rehabilitation” and then are released. Many of those detained over the
last year were held in military camps and family members were often not aware
of their whereabouts until they were released. Many of those released report
torture in detention, including in military camps but very few are ever
charged.
The “rehabilitation” program referred to in article 28 of the
directive has been in place in Ethiopia for some years and is a strategy used
by security forces during crackdowns. They typically involve large scale
arrests, detention for several days or weeks, ill-treatment and sometimes
torture, and release on conditions of future compliant behavior. Conditions of
release vary, including the requirement to regularly report to police stations
to limit movement, suspension from school, or prohibition on attending
protests. There is no due process or formal record of these detentions. The
goal is to punish and “rehabilitate” offenders in a short period of time.
Rehabilitation has occurred regularly since November 2015, particularly in Oromia.
Torture continues to be a serious problem in Ethiopia,
particularly in military camps. Human Rights Watch has documented torture in
detention throughout the protests and more broadly. Many individuals detained
during the protests never appeared in court, but those that have and have
reported torture or mistreatment have not had their complaints adequately
addressed by the judiciary.
4.
Right to education
The directive bans protests at schools, permits security
officials access to schools to maintain “peace and security” and enables
institutions “to take administrative measures on students and staffs protesting
and instigating violence in education institutions.”[43]Instigating
violence is a criminal act and can be prosecuted under Ethiopian law, but
peaceful protesting is not a criminal act and students should not face sanction
for doing so.
These measures effectively codify and increase restrictions on
access to education that have been in place in Oromia since November 2015.
Throughout the protests, access to education has been restricted through school
closures, detention of teachers, occupation of school grounds by security
forces, and arrests of students. [44] School
and universities have also taken administrative measures including suspension
of students from university for participating in protests. [45] This
has frequently been reported in Oromia and elsewhere. In addition, many of
those detained during periods of intense crackdowns, including crackdowns since
November 2015 are often released on the condition that they do not attend
school for periods of months or years.
5.
Freedom of movement of refugees
The directive prohibits individuals “leaving a refugee camp
without the necessary authorization.”[46]
Under international law, Ethiopia must formally justify any
prohibition on free movement as the least restrictive measure necessary to
protect national security, public order, or public health, which it has not
done.[47] The
directive, and Ethiopia’s National Refugee Proclamation unlawfully limit
refugees’ movement and without basis distinguishes between Ethiopian citizens
and foreign nationals.[48]
Ethiopia host over 650,000 refugees, the largest in Africa. Most
of these refugees are from Somalia, South Sudan, and Eritrea, however there are
no refugee camps under the authority of the UN High Commissioner for Refugees
in Oromia and Amhara, where recent unrest has occurred. [49]
The country-wide ban on the freedom of movement of refugees is
both overly broad and discriminatory.
[1] Human Rights
Watch, “Such a Brutal Crackdown”: Killings and Arrests in Response to
Ethiopia’s Oromo Protests, June 2016, https://www.hrw.org/report/2016/06/16/such-brutal-crackdown/killings-and....
[2] “Dutch farmers
on Ethiopia violence: ‘I was terribly scared,’” Yahoo News, October
22, 2016, https://www.yahoo.com/news/dutch-farmer-ethiopia-violence-terribly-scare...(accessed
October 23, 2016).
[3] Tesfaye Wolde,
“Ethiopia’s State of Emergency Will Work,” Washington Post, October
16, 2016, (accessed October 23, 2016) https://www.washingtonpost.com/opinions/ethiopias-state-of-emergency-wil....
[4] “Ethiopia
declares state of emergency after months of protests,” CNN, October 11, 2016, http://www.cnn.com/2016/10/09/africa/ethiopia-oromo-state-emergency/ (accessed
October 23, 2016).
[5] International
Covenant on Civil and Political Rights (ICCPR), adopted 1966; G.A. Res. 2200A
(XXI), 21 U.N. GAOR Supp. (No.16) at 59, U.N. Doc.A/6316 (1966), 999 U.N.T.S.
302, entered into force March 23, 1976. Ethiopia ratified the ICCPR in 1993.
[9] African Charter
on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev.
5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986, http://www.achpr.org/instruments/achpr/.
Ethiopia ratified the African Charter in 1998.
[10] UN Human Rights
Committee, General Comment No. 29, States of Emergency, U.N. Doc.
CCPR/C/21/Rev.1/Add.11 (2001), para. 5.
[17] Human Rights
Watch, “Journalism is not a Crime”: Violations of Media Freedom in
Ethiopia, January 2015, https://www.hrw.org/report/2015/01/21/journalism-not-crime/violations-me...,
p. 38.
[18] “Ethiopia
Arrests Second Journalist in a Week, Summons Zone 9 Bloggers,” Committee to
Protect Journalists (CPJ) alert, December 27, 2015, https://www.cpj.org/2015/12/ethiopia-arrests-second-journalist-in-a-week... (accessed
October 23, 2016 and “Police Arrest Prominent Ethiopian Blogger,” CPJ alert,
October 3, 2016, https://cpj.org/2016/10/police-arrest-prominent-ethiopian-blogger.php (accessed
October 23, 2016).
[19] Human Rights
Watch, “Journalism is Not a Crime” and “Ethiopia: Terrorism Law
Used to Crush Free Speech,” Human Rights Watch news release, June 27, 2012, https://www.hrw.org/news/2012/06/27/ethiopia-terrorism-law-used-crush-fr....
[20] Conor Gaffey,
“Ethiopia Detains Journalists Covering Oromo Protests,” Newsweek,March
7, 2016, (accessed October 23, 2016), http://www.newsweek.com/ethiopia-oromo-protests-press-freedom-434307.
[21] Susmita Baral,
“Ethiopia Protest August 2016: Amid Internet Ban, Rally Against Government
Leaves at Least 33 Dead,” International Business Times, August
8, 2016, http://www.ibtimes.com/ethiopia-protest-august-2016-amid-internet-ban-ra... (accessed
October 23, 2016) and “Ethiopia declares state of emergency after months of
protests,” CNN.
[22] Matthew Tempest,
“Ethiopian Ambassador: ‘Anti-peace elements’ Took Advantage of Oromia, Amhara
Protests,” Euractiv.net, October 5, 2016, http://www.ethiopianembassy.be/en/2016/10/05/ethiopian-ambassador-anti-p... (accessed
October 23, 2016).
[24] Human Rights
Watch, “Journalism is Not a Crime.”; “Dispatches: Using Courts
to Crush Dissent in Ethiopia,” May 9, 2016, https://www.hrw.org/news/2016/05/09/dispatches-using-courts-crush-dissen... ;
“Dispatches: Ethiopian Pastor Pays the Penalty for Speaking Out,” March 15,
2016, https://www.hrw.org/news/2016/03/15/dispatches-ethiopian-pastor-pays-pen...
[25] “Dispatches:
Ethiopia’s Zone 9 Bloggers Acquitted, Free Speech Still on Trial,” Human Rights
Watch, October 16, 2015, https://www.hrw.org/news/2015/10/16/dispatches-ethiopias-zone-9-bloggers....
[27] “Ethiopia: Human
rights Work Crippled by Restrictive Law,” Amnesty International press release,
March 12, 2012, https://www.amnesty.org/en/latest/news/2012/03/ethiopia-human-rights-wor... (accessed
October 23, 2012).
[28] Ministry of
Foreign Affairs Ethiopia, “Human Rights Watch encourages opposition violence in
Ethiopia,” post to “The Official Blog of MFA Ethiopia” (blog), October 22,
2016, https://mfaethiopiablog.wordpress.com/2016/10/22/human-rights-watch-enco...
[33] Irreecha is an
important cultural event for the Oromo ethnic group and draws millions of
people each year to Bishoftu. On October 2, 2016, an unknown number of people,
possibly hundreds, died during a stampede after security forces used teargas
and gunfire to control the tense crowd.
[34] William Davison,
“Deaths Reported as Protests Flare in Ethiopia’s Oromia Region,” Bloomberg.com, August
6, 2016, http://www.bloomberg.com/news/articles/2016-08-06/ethiopian-security-for... (accessed
October 23, 2016).
[35] William Davison,
“Deaths Reported as Protests Flare in Ethiopia’s Oromia Region,” Bloomberg.com, August
6, 2016, http://www.bloomberg.com/news/articles/2016-08-06/ethiopian-security-for... (accessed
October 23, 2016).
[42] Ibid., para. 16.
The Human Rights Committee is of the opinion that “the principles of legality
and the rule of law require that fundamental requirements of fair trial must be
respected during a state of emergency. Only a court of law may try
and convict a person for a criminal offence. The presumption of
innocence must be respected. In order to protect non-derogable
rights, the right to take proceedings before a court to enable the court to
decide without delay on the lawfulness of detention, must not be diminished by
a State party’s decision to derogate from the Covenant.” Ibid.
[47] Convention relating to the Status of
Refugees, 189 U.N.T.S. 150, entered into force April
22, 1954, art. 26; ICCPR, art. 12(1). Article 12(3) provides that the only
exceptions permitted to this right are those “provided by law … and necessary
to protect national security, public order (ordre public), public health or
morals or the rights and freedoms of others.”
[49] UN High
Commissioner for Refugees, “Ethiopia: Registered Persons of Concern by Camp and
Locations, as of 31 January 2015,” Map, http://reliefweb.int/map/ethiopia/ethiopia-registered-persons-concern-ca... (accessed
October 23, 2016).
Source: Human Right
Watch
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