Protests,
internet shutdowns, deaths — and a new law that threatens digital rights when
the people of Ethiopia need them most
Ethiopia
has issued a six-month state of
emergency in the country following months of citizen protests.
The state of emergency comes in an environment of increasing repression.
Government forces have killed more than 500
people since November 2015 and authorities have already shut
down access to social media in the Oromia region four times this year: in
January, July, August, September, and October. Now the situation is escalating,
with the government cutting mobile internet in the capital Addis Ababa for more
than a week (the previous shutdowns affected only the Oromia region).
Human
rights advocates are taking action. On October 10th, seven U.N. human rights
experts issued a statement calling
on the Ethiopian government to allow an international investigation into
allegations that it has violated the human rights of its citizens.
Additionally, on October 12th, the African Commission on Human and Peoples’ Rights
released a statement highlighting
the fact that it will investigate the Ethiopian situation with regard to human
rights.
More
atrocities to come?
Ethiopia
began a series of shutdowns in January 2016 after activists shared a video online
showing police brutality. The deaths during protests – and the government’s
decision to disrupt the internet — underscore how shutting down the
internet often precedes or is accompanied by atrocities. This new state of
emergency could not have come at a worse time, because it will set a lower thresholdfor
arresting and detaining citizens, just when more human rights protections are
needed.
This
is a dark time for human rights in Ethiopia. Shutting down communications
networks, even during times of conflict, violates the human right to freedom of
expression and access to information. Shutdowns also cause knock-on effects.
Internet
shutdowns do not restore order. They hamper journalism, obscure the truth of
what is happening on the ground, and stop people from getting the information
they need to keep safe. Further, shutdowns harm the local economy; by
June 2016, Ethiopia had
already lost $8.5 million due to internet disruptions,
according to a recent report by the Brookings Institution.
In
the U.N. statement last
week, special rapporteurs Maina Kiai and Dr. Agnes Callamard said, “We
are outraged at the alarming allegations of mass killings, thousands of
injuries, tens of thousands of arrests and hundreds of enforced
disappearances…We are also extremely concerned by numerous reports that those
arrested had faced torture and ill-treatment in military detention centres.”
This
statement highlight dangers exacerbated by the ongoing internet shutdowns,
which are happening concurrently with the state of emergency. As we have pointed out, research
shows that internet shutdowns and state violence go hand-in-hand. We are
deeply concerned that the casualties due to state actions will increase over
the next six months.
New
computer crime law threatens privacy, free expression
The
shutdowns are not the only cause for worry when it comes to fundamental rights.
There’s also a new computer crime law that legislators in Ethiopia have approved and
have forwarded for presidential signature, the Computer Crime
Proclamation of 2016 (draft text).
It threatens people’s free speech and privacy just when they need it
most.
Our
analysis of this new law shows it would hobble digital rights. The proclamation
aims “to prevent, control, investigate and prosecute computer crimes and
facilitate the collection of electronic evidences.” However, the
legislation would infringe human rights and chill cybersecurity research not
only in Ethiopia but throughout the African continent.
The
law goes against Ethiopia’s commitment to the International Covenant on Civil
and Political Rights, among other international instruments, which support the right
to privacy (Article 17, ICCPR), the right to freedom of
expression (Article 19, ICCPR), and theright to freedom of
association (Article 22, ICCPR). Ethiopia is also a party to the
African Charter on Human and Peoples’ Rights (Banjul Charter), which
establishes the rights to dignity (Article 5) and freedom
of information and expression (Article 9), among other rights.
This
proclamation hasn’t been signed into law yet, so there’s still time to strip
out harmful provisions. This should take place as part of the electoral reforms
that were announced last
week by Ethiopia’s prime minister, Hailemariam Desalegn, after
pressure from German Chancellor Angela Merkel.
How
to promote human rights in Ethiopia now
It
will take effort from many corners to restore Ethiopia from its human rights
crisis, stop rights violations from happening, and protect privacy and free
expression in the long term.
Our
recommendations are:
For
the government of Ethiopia and the federal Attorney General
- Call
on the Ethiopian government to immediately restore full internet access in
the country.
- Urge
the government to safeguard human rights in the Computer Crime
Proclamation 2016 and to recommend repealing or amending sections
of the law that threaten human rights.
- Advise
the government on international best practices to protect
democracy and free speech in the country. This includes acting on all
recommendations accepted at the United Nations Universal Periodic Review
process.
For
donors and governments trading with Ethiopia
- Push
Ethiopia to fulfil its human rights obligations and
reforms its practices impacting access to the free and open internet.
- Hold
corporations registered in Ethiopia responsible for any of their technology
used to infringe on human rights in Ethiopia.
For
companies selling products or services in Ethiopia
- Desist
from selling or servicing technology that is used to infringe on human
rights in the country. This
includes technology used to surveil citizens or technology used to disrupt
access to information online. Some of the companies with a record of bad practices in Ethiopia include
Hacking Team and Gamma International.
For
civil society organizations and individuals who want to make a difference in
Ethiopia
- Request
that your government question Ethiopia about human rights at its mid-term
review for United Nations Universal Periodic Review, taking place in May
2017.
- Join
our international campaign to stop internet shutdowns in Ethiopia and
across the globe. Individuals
can join the
#KeepItOn pledge here and organizations can sign up at https://www.accessnow.org/keepiton.
Source: accessnow.org
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