This page summarizes cases raised with Ethiopia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2015 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Ethiopia.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Ethiopia, English).
First Report (May 1, 2011 To March 15, 2012)
- Joint urgent appeal, 5/10/2011. Case no. ETH 4/2011. State Reply: 17/2/2012. Alleged arrests, detention and charges under anti-terrorism legislation of journalists and opposition politicians.
- Joint allegation letter, 9/12/2011. Case no. ETH 6/2011. State Reply: None to date. Alleged strict implementation of the Charities and Societies Proclamation 621/2009 impeding the legitimate work of a human rights association.
Observations
The Special Rapporteur thanks the Government of Ethiopia for its response to his communication dated 5 October 2011, but regrets that it did not respond to the other communication dated 9 December 2011. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication due to the grave nature of the allegations received with respect of the right to freedom of association.
The Special Rapporteur thanks the Government of Ethiopia for its response to his communication dated 5 October 2011, but regrets that it did not respond to the other communication dated 9 December 2011. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication due to the grave nature of the allegations received with respect of the right to freedom of association.
The Special Rapporteur is deeply concerned by several provisions of the anti-terror legislation and the 2009 CSO law that unduly restrict the right to freedom of association. He is gravely concerned that the strict legal framework governing civil society has had a chilling effect on human rights associations that had, for most of them, to stop their activities. He is concerned about the frozen of all assets of the Ethiopian Human Rights Council association, which may force it to stop its human rights work. The mandate holder recommends to the Government to immediately revise the 2009 CSO law, notably with respect to access to funding; and to ensure that the revised version complies with the best practices detailed in his thematic report and with the accepted recommendations issued within the context of the Universal Periodic Review of Ethiopia and, in particular, recommendation 97.53. The Special Rapporteur is available to provide any technical assistance the Government might require in this regard.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Ethiopia of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Second Report (March 16, 2012 To February 28, 2013)
- Joint urgent appeal, 31/07/2012. Case no. ETH 4/2012. State Reply: 14/12/2012. Alleged sentencing of human rights defender.
- Joint allegation letter, 23/11/2012. Case no. ETH 6/2012. State Reply: None to date. Alleged repeated restrictions to the right to freedom of association as a result of the enforcement of restrictive provisions contained in the Charities and Societies Proclamation 621/2009.
Observations
The Special Rapporteur wishes to thank the Government of Ethiopia for its response to his communication dated 31 July 2012, but he regrets no response was received to the other communication he sent on 23 November 2012. A response to a communication on alleged strict implementation of the Charities and Societies Proclamation 621/2009, sent on 9/12/2011, is still to be received. The Special Rapporteur considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication.
The Special Rapporteur wishes to thank the Government of Ethiopia for its response to his communication dated 31 July 2012, but he regrets no response was received to the other communication he sent on 23 November 2012. A response to a communication on alleged strict implementation of the Charities and Societies Proclamation 621/2009, sent on 9/12/2011, is still to be received. The Special Rapporteur considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication.
The Special Rapporteur remains seriously concerned by several provisions of the Charities and Societies Proclamation 621/2009 which continue to severly and unduly restrict the ability for individuals to form associations, and when formed, to operate freely. He is gravely concerned that such a strict legal framework governing civil society has had adverse consequences on human rights associations and has had forced many of them to discontinue their activities. He warns against the implementation of any legislation which would ultimately be used to silence critics. He recommends again that the Government revise the 2009 CSO law due to its lack of compliance with international norms and standards related to freedom of associaiton, notably with respect to access to funding; and to ensure that the revised version complies with the best practices detailed in his thematic reports (see notably A/HRC/20/27). He further urges the authorities to consult with independent civil society organisations which will primary be affected by this legislation. In this respect, he refers to a number of recommendations put forward by the Human Rights Council, within the framework of the Universal Periodic Review, including recommendation 97.55, or by the African Commission on Human and Peoples‟ Rights, which recommended that the law be amended. He stands ready to provide any technical assistance the Government may require in this regard.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 which “reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights”.
The Special Rapporteur reminds the Government of Ethiopia of his country visit request sent in September 2011, to which a response is yet to be received. He believes such a country visit may provide with a significant opportunity to discuss the technical assistance the Government may require.
Third Report (March 1, 2013 To February 28, 2014)
None
Fourth Report (March 1, 2014 To February 28, 2015)
- Joint urgent appeal, 26/02/2015. Case no: ETH 2/2015. State reply: None. Alleged on-going detention and trial of nine bloggers and journalists charged under the Criminal Code and the 2009 Anti-Terrorism Proclamation for their legitimate exercise to the right to freedom of expression and association.
- Joint urgent appeal, 23/07/2014. Case no: ETH 7/2014. State reply: 09/12/2014. Alleged arbitrary arrest, detention and denial of medical treatment in detention of two opposition politicians.
- Joint urgent appeal, 22/05/2014. Case no: ETH 5/2014. State reply: None. Alleged excessive and indiscriminate use of force against peaceful protestors, including women and children, in the regional state of Oromia.
- Joint urgent appeal, 30/04/2014. Case no: ETH 3/2014. State reply: None. Alleged incommunicado detention of bloggers and freelance journalists who have been advocating for a space for free public dialogue, freedom of expression and access to information in Ethiopia.
- Press release, 24/04/2015. “Continued detention of Ethiopian journalists unacceptable – UN human rights experts”
- Press release, 18/09/2014. “UN experts urge Ethiopia to stop using anti-terrorism legislation to curb human rights”
Observations
Responses to communicationsThe Special Rapporteur thanks the Government of Ethiopia for its reply to one communication sent during this reporting period. However, he expresses his regret that the Government has not provided responses to the questions raised in the three other communications directed to its attention. He considers responses to his communications to be an important part of the cooperation of Governments with his mandate and urges the authorities to comply with Human Rights Council resolutions on the rights to freedom of peaceful assembly and of association. These resolutions, including resolution 24/5 (2013), call on States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications. In the absence of information to the contrary, the Special Rapporteur concludes that there is validity in the allegations presented in his communications.
Environment in which these rights are exercised
The Special Rapporteur restates his utmost concern for six members of the so-called “Zone Nine Bloggers” and three freelance journalists charged with terrorism under the Criminal Code and the 2009 Anti-Terrorism Proclamation for allegedly working with foreign human rights organizations and inciting violence through social media to create instability in the country (ETH 2/2015, ETH 3/2014 and PR 24/04/2015). The Special Rapporteur reminds that their detention and trial under the Anti-Terrorism Proclamation, and the charges brought against them, do not appear to comply with international, regional, and domestic human rights law and standards. He further takes the opportunity to urge the Government of Ethiopia to stop misusing anti-terrorism legislation to restrict the freedoms of expression and association in the country (PR 18/09/2014), and to implement relevant the recommendations accepted in this regard during its second cycle of the Universal Periodic Review without further delay (A/HRC/WG.6/19/L.12).
The Special Rapporteur restates his utmost concern for six members of the so-called “Zone Nine Bloggers” and three freelance journalists charged with terrorism under the Criminal Code and the 2009 Anti-Terrorism Proclamation for allegedly working with foreign human rights organizations and inciting violence through social media to create instability in the country (ETH 2/2015, ETH 3/2014 and PR 24/04/2015). The Special Rapporteur reminds that their detention and trial under the Anti-Terrorism Proclamation, and the charges brought against them, do not appear to comply with international, regional, and domestic human rights law and standards. He further takes the opportunity to urge the Government of Ethiopia to stop misusing anti-terrorism legislation to restrict the freedoms of expression and association in the country (PR 18/09/2014), and to implement relevant the recommendations accepted in this regard during its second cycle of the Universal Periodic Review without further delay (A/HRC/WG.6/19/L.12).
He stresses that it is the obligation of States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline (A/HRC/RES/24/5, operational paragraph 2). Moreover, he reaffirms that the rights to freedom of peaceful assembly and of association are necessary elements for the possible emergence and sustainability of effective democratic systems. In this regard, States should therefore make every effort to facilitate those rights.
The Special Rapporteur remains concerned regarding the alleged arbitrary detention of Mr. Olbana Lelisa and Mr. Bekele Gerba, both long-standing opposition politicians who campaigned in the 2010 national elections, and their alleged denial of necessary medical treatment in detention (ETH 7/2014). He thanks the Government for its detailed response, but reaffirms his concerns that actions against them were motivated by their peaceful exercise of their rights to freedom of expression and association and remains especially worried about the use of unlawful reasons to curtail these rights.
The Special Rapporteur is further concerned by the reported repression of peaceful protests by security forces and military special forces, including in high schools and universities in the central, eastern and western parts of the Oromia regional state. He reiterates his dismay at the alleged use of live ammunition and hand grenades against peaceful protestors and bystanders, their beatings and subsequent mass arrests after door-to-door searches. He expresses his grave concern at the deaths of at least 35 peaceful protestors, including children, in various cities of the Oromia state, and at the injuring of numerous others (ETH 5/2014). The Special Rapporteur urges the authorities to inform him at the earliest of the results of the investigations of the circumstances leading to the killings, as well as of the status of investigations and interim measures put in place concerning the allegations of unlawful arrests and torture. He emphasizes that the right to life should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 3 of the Universal Declaration of Human Rights. In addition, and while expressing his serious concern at the reported instances of torture and ill-treatment, he recalls the importance of ensuring a free and unhampered enjoyment of the right to assembly and protest to build peaceful and democratic societies. To this end, he urges the Government of Ethiopia to respect, protect and fulfil the right to peaceful assembly.
He reminds the authorities of the Government of Ethiopia that protestors seek to convey opinions and, very often, challenge norms, and insists that while the State do not have to agree with the opinions and criticisms expressed by people who embrace different convictions or beliefs, it has a positive obligation to ensure the existence of an environment in which everyone can enjoy the right of peaceful assembly freely and without fear (A/HRC/20/27, paragraph 63). The Special Rapporteur recommends that the Government establish a presumption in favour of peaceful assemblies in law in a clear and explicit manner.
Country visit
The Special Rapporteur reminds the Government of Ethiopia of his country visit requests sent in 2011 and 2013, to which a response is yet to be received. He believes such a country visit may be an opportunity to discuss any technical assistance that the Government may require.
The Special Rapporteur reminds the Government of Ethiopia of his country visit requests sent in 2011 and 2013, to which a response is yet to be received. He believes such a country visit may be an opportunity to discuss any technical assistance that the Government may require.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Source: http://freeassembly.net
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