Ethiopia’s state of emergency: both sides are determined to fight to the finish

Demonstrators chant slogans while flashing the Oromo protest gesture during Irreecha, the thanksgiving festival of the Oromo people, in Bishoftu town, Oromia region, Ethiopia, October 2, 2016. Reuters/Tiksa Negeri

Waves of protests have gripped Ethiopia since last November. In response the government has declared a six month state of emergency. In an interview with The Conversation Africa’s Samantha Spooner, Asafa Jalata describes the impact of the state of emergency and what it could mean for the future of the country.

Who are the main players and what are the main grievances of the Ethiopian protest movement?

The Oromo protest movement emerged in November 2015. It has been fomenting for decades because the Oromo consider themselves colonial subjects. They are the largest ethno-national group in Ethiopia and have been denied equal access to their country’s political, economic and cultural resources.

For almost 25 years Tigrayan state elites have dominated different structures of the government, including the military. They have also had total control over other institutions such as the media. And they have confiscated fertile land and other valuable resources such as gold and other minerals.

Over the last few months, the protests spread across the country. Other ethno-national groups, which also feel politically and economically excluded by the Tigrayan-led minority government, have also joined the movement.

The Amhara, the second largest ethno-national group, started to protest peacefully against the Tigrayan-led minority government in August this year. They expressed their grievances and support for the Oromo protests in the Amhara regional state. Other ethno-national groups, known as the Konso, Sidama, and Gedeo joined more recently.

The protests gained further traction as the state’s reaction became violent. For example, in early October millions of Oromo gathered at Hora Arsadii, south east of Addis Ababa, for “Irreechaa” - the Oromo national holiday of thanksgiving. The Tigrayan-led regime’s army killedmore than 700 Oromos and injured hundreds. This was sparked by peaceful, anti-government chants by young Oromos.

After the massacre, Oromo protesters burned property and both locally and internationally owned businesses that had been built on the land seized from the Oromo by Tigrayan state and business elites.

The Ethiopian regime’s response was to declare the state of emergency. Set to last six months, its aim is to curb the growing anti-government protest movement.

What impact has this state of emergency had on the various communities in the country?

The current state of emergency is the last attempt by the Tigrayan-led regime to stop the Oromo and Amhara protests and to stay in power. The government is therefore using this situation to gain total control over information, use heavy force and deny the freedom of organisation and association.

As a result, the regions of Oromia, Amhara, Ogaden, Konso, and Gedeo have become conflict zones with the regime indiscriminately imprisoning, looting and killing protesters.

According to the state of emergency rules, Oromos, Amharas and Konsos have restricted access to media. They are not allowed to listen to radio stations, such as the Oromo Voice Radio, or to watch media channels, like the Oromia Media Network. Ethiopian soldiers are enforcing these rules and have been seizing or breaking satellite dishes.

The emergency rules also prevent citizens from associating with political organisations that the regime has branded as “terrorist”. One of these is the Oromo Liberation Front which was established in 1973 by Oromo nationalists to promote self-determination.

The situation for the Oromo people is dire. For several months the region has been under a crackdown enforced by special police groups and the army known as “Agazi”. According to rights organisations, more than 2 000 Oromos have been killed in eleven months. Several thousand more have been imprisoned, tortured, blinded and raped.

The rule of law no longer seems to apply to the Oromo and their supporters. To hide its crimes from the international community, the regime has blocked the internet and collected phones from thousands of Oromos.

Until the regime is overthrown they will continue to suffer immensely. They are being excluded from state support in relation to protection, food, shelter, clothing, medicine and other necessary services.

As a group is the Oromo community concerned about their future?

Because the current regime fears the size of the Oromo population, it tries to minimise their influence through hidden policies and war. The regime has already prevented Oromo representatives from coming into political power through systematic killings, imprisonment or exile. For these reasons, the Oromo are very concerned about their future.

In addition, little looks set to change as a result of external pressure because international powers such as the United States as well as organisations such as USAID have a close relationship with the regime. This gives rise to concerns within the Oromo community that their grievances will not be heard and that they will not be given support.

Nevertheless the Oromo people are determined to change their status quo and better their future. That is why they continue with their movement, despite massive incidents of death and imprisonment.

What are the prospects for the government and leaders of the protest movement meeting to resolve the political issues between them?

Resolving the conflict requires the implementation of social justice and democracy. But the Ethiopian regime has demonstrated that it will dictate everything to the Oromo people and its leadership through the barrel of the gun.

The Oromo are rejecting this heavy-handed approach. So, in this conflict, there are two options – either the regime must go, and the Oromo be victorious, or the Oromo people must be destroyed to serve the interest of the regime.

The Conversation 

Ethiopia faces deepening crisis

A burnt out truck, assumed to be set fire by protesters, lies outside the village of Wolenkomi, western region of Ethiopia on December 17, 2015. Tensions have been riding high between the population of Oromia, and the Federal Government of Ethiopia. Credit: AFP PHOTO   

Faced with its most serious challenge yet, the Ethiopian regime, a crucial Western ally in the fight against terrorism, risks a deepening crisis if promised reforms do not come, researchers and analysts warn.

A nationwide state of emergency since October 9 combined with the mass arrest of more than 2,500 people has suppressed months of widespread and sometimes deadly anti-government protests.

On Monday state media reported that the majority of those rounded up had been released, but mobile internet and the social networks used to mobilise protesters remain blocked as the government seeks a decisive end to the unrest.

"Violence has been controlled," government spokesman Getachew Reda said last week. "What we have is a more or less stable situation."

The challenge to the government has been strongest in the Oromo and Amhara regions -- which together account for over 60 percent of the population -- and these areas are now in a siege-like state.

"The government wants to show its strength. The state of emergency has a psychological impact by increasing the feeling of fear and insecurity among the population," said Rene Lefort, an independent Horn of Africa researcher.

- Too little change, too slow -

But force alone will not solve the underlying problems and Lefort said he is "sceptical about the ability and willingness of the regime to open up" raising fears that in the absence of concessions to the protesters, the situation will worsen.

Prime Minister Hailemariam Desalegn has offered to reform the winner-takes-all electoral system which has allowed his ruling Ethiopian People's Revolutionary Democratic Front (EPRDF) coalition to win every seat in parliament in the 2015 poll.

But even if reforms come, they will not take effect until the next election due in 2020, while a proposed government reshuffle has yet to be carried out.

Jean-Nicolas Bach, an Ethiopia specialist and director of Sudan's Centre for Social, Legal and Economic Studies and Documentation (CEDEJ-Khartoum) said the EPRDF is committed to its own continuity and may not be capable of adequate change, citing its "hegemonic ambitions and authoritarian mode of government".

"The goals of the EPRDF have always been clear: maintain power to take the country on the path of development. As for democracy, it will come when it comes," Bach said.

The regime, led by former rebel commander and strongman Meles Zenawi from 1991 until his death in 2012, is credited with real economic progress that saw a decade of around 10 percent annual growth.

Infant mortality and malnutrition was halved over the same period, according to figures from the World Bank.

But development has been accompanied by a squeezing of political space, disregard for human rights and a growing outcry at alleged government corruption.

"We need to change the rules that give impunity to local officials and better checks on officials," said Daniel Berhane, founder and editor of Horn Affairs, an online magazine. 

He suggested that every "kebele", or neighbourhood, hold meetings "to gather public grievances" at the grassroots level which can be relayed to central government "without any editing".

Berhane said the EPRDF's total victory in the May 2015 election left some feeling "disenfranchised", especially in parts of the northern Amhara region and central-western Oromo region where the opposition had hoped to win seats and some power.

"Not surprisingly, these two areas are the epicentres of the protests," he said.

- Foreign investors deterred -

The brutal repression of the protest movement -- human rights organisations say several hundred have been killed by security forces -- combined with lack of any political change triggered an explosion of violence in recent weeks, seriously undermining Ethiopia's reputation as a stable country.

The image of foreign farms and business going up in flames after being set alight by protesters has put off investors.

"The protests have significantly undermined the ruling coalition and genuine stability will take years to recover," said Emma Gordon, an analyst at Maplecroft Verisk, a risk management firm. 

"Until then, further divestments, particularly by Western agribusiness firms, are likely to be announced."

The most likely scenario, said Gordon, is a continuing weak but persistent challenge to government authority because, the "proposed reforms are unlikely to fully satisfy" opponents.

Protesters want "more sweeping concessions" to reduce the dominance of the minority Tigrayan leaders in the EPRDF and for security forces to be reined in.

But none of this is on the table -- meaning, Gordon said, another eruption of protests is likely "in relation to military deployments or evidence of continued restrictions on the political opposition."

AFP

Ethiopia Moves to 'Rehabilitate' Opposition Protesters

A policeman attempts to control protesters chanting slogans during a demonstration over what they say is unfair distribution of wealth in the country at Meskel Square in Ethiopia's capital Addis Ababa, Aug. 6, 2016.

BRUSSELS/ADDIS ABABA — 

A state-backed news agency in Ethiopia reports that about 2,000 people detained during recent protests have been released after receiving what the report called education and counseling services.

According to the Fana Broadcasting Network, Ethiopia’s Minister of Defense Siraj Fegessa told reporters that rehabilitation services for about 2,000 people detained over recent violence have concluded and those people have been released.

Government spokesman Getachew Reda told reporters last week that the rehabilitation programs help the government deal with the large amount of people in detention.

“Probably this is the only government in the world that metes out punishment in the form of constitutional classes. Some fitness exercise maybe. It’s only the most dangerous criminals who will have to face the consequences. Otherwise, this is going to be rehabilitation programs, three weeks, a month. You teach them constitution. You teach them some values and the ABC of basic decency,” he said.

But international human rights groups have a different take.

Human Rights Watch said in a statement Monday that rehabilitation is a “euphemism for short-term detention” and that these programs “typically involve ill-treatment and sometimes torture.”

HRW says there is no due process or formal record of these detentions. The rights group says tens of thousands of people have been detained since anti-government protests began in November 2015.

A deadly stampede and violent attacks on government buildings and foreign businesses prompted the declaration of a six-month state of emergency October 9.

There are no independently verified reports on exactly how many people have been detained since then.

Opposition leader Merera Gudina of the Oromo People’s Congress says hundreds of his party members have been arrested.

“Mostly they don’t have legal advice, lawyers and so on. In fact, sometimes we don’t know where they are detained. It’s not normal prison, you know. In Shashamane, we heard that they were detained in cinema house. So they were detained anywhere. Not in normal prison house," said Gudina.

The protests started in the Oromia region last year over a plan to expand the capital city but have since expanded to other parts of the country and to include issues of economic marginalization and political freedom.

Source: VOA

ETHIOPIA ‘RELEASES 2,000 DETAINEES’ HELD UNDER STATE OF EMERGENCY

The state of emergency is meant to crack down on anti-government rhetoric.

BY CONOR GAFFEY

Human Rights Watch Report On Violence In Ethiopa

Ethiopia has released around 2,000 people detained for partaking in recent anti-government protests, according to the country’s defense minister.

The Ethiopian government imposed a six-month nationwide state of emergencyon October 9 after months of protests by members of the country’s two largest ethnic groups, the Oromo and the Amhara. Civilians are restricted from contacting so-called “outside forces” on social media and from organizing demonstrations at schools or universities, among other prohibitions.

Defense Minister Siraj Fegessa said Sunday that the detainees—who were suspected of taking part in violent demonstrations—had been freed after receiving education and counseling, Ethiopia’s state-run Fana Broadcasting Corporation reported. Fegessa declined to confirm the total number of people arrested, but also said that 1,500 illegal weapons had been seized.

A woman cries as she attends a prayer ceremony for protesters who died during Ireecha, the thanksgiving festival for the Oromo people, at Biftu Bole Lutheran Church, Addis Ababa, Ethiopia,, October 9. Hundreds of people have died in anti-government protests in Ethiopia in recent months.TIKSA NEGERI/REUTERS

Security forces had arrested around 2,600 people as of October 20 under the state of emergency, the BBC reported.

The government imposed the state of emergency after deadly clashes between protesters and security forces. It came shortly after the Irreecha religious festival in Bishoftu in the Oromia region on October 2. More than 50 people were killed in a stampede at the festival, which protesters blamed on security forces using tear gas and firing rubber bullets.

Since the protests began in November 2015, at least 500 people have been killed. The demonstrations were sparked by government plans to expand the territory of the capital, Addis Ababa. The plans have since been dropped. The Ethiopian government has blamed outside forces—including Eritrea and Egypt—for sponsoring the violence. Both countries have denied the allegations.

Critics have said that the state of emergency has legalized the government’s crackdown on opposition. In a legal analysis published Monday, Human Rights Watch (HRW) said that the broad restrictions contained under the state of emergency—which include banning people from watching diaspora television stations—violated international law.

“Ethiopia’s state of emergency bans nearly all speech that the government disagrees with anywhere in the country for at least six months,” said Felix Horne, senior Africa researcher at HRW. “The state of emergency hands the army new sweeping powers to crack down on demonstrators, further limiting the space for peaceful dissent.”

Ethiopia has been ruled by the Ethiopian People’s Revolutionary Democratic Front (EPRDF) since the early 1990s, when it toppled the Communist regime of Mengistu Haile Mariam. The EPRDF is dominated by members of the Tigray ethnic minority and is seen as biased against other ethnic groups, including the Oromo and Amhara. The ruling coalition also controls 100 percent of the country’s parliamentary seats, leading to a lack of credible opposition.

During a recent visit to Ethiopia by German Chancellor Angela Merkel, Ethiopian Prime Minister Hailemariam Desalegn promised to revamp the country’s political system.

Source: europe.newsweek.com

Ethiopia: State of Emergency Risks New Abuses- HRW

(Nairobi) – An Ethiopian government directive under a state of emergency contains overly broad and vague provisions that risk triggering a human rights crisis, Human Rights Watch said today in a legal analysis. The government should promptly repeal or revise all elements of the directive that are contrary to international law.

EXPAND

A woman cries as she attends a prayer session at Biftu Bole Lutheran Church during a prayer and candle ceremony for those who died in the town of Bishoftu during Ireecha, the thanksgiving festival for the Oromo people, Addis Ababa, Ethiopia, October 9, 2016.

© REUTERS/Tiksa Negeri

On October 9, 2016, the government announced a six-month state of emergencyfollowing the destruction of some government buildings and private property by demonstrators. Over the past year, security forces have killed hundreds of protesters and detained tens of thousands in two regions where there have been numerous protests over government policies.

“Ethiopia’s state of emergency bans nearly all speech that the government disagrees with anywhere in the country for at least six months,” said Felix Horne, senior Africa researcher at Human Rights Watch. “The state of emergency hands the army new sweeping powers to crack down on demonstrators, further limiting the space for peaceful dissent.”

Under the new state of emergency, the army can be deployed country-wide for at least six months. The implementing directive prescribes draconian restrictions on freedom of expression, association, and assembly that go far beyond what is permissible under international law and signal an increased militarized response to the situation. The directive effectively codifies many of the security forces’ abusive tactics that Human Rights Watch has documented since the protests began.

The directive includes far-reaching restrictions on sharing information on social media, watching diaspora television stations, and closing businesses as a gesture of protest, as well as curtailing opposition parties’ ability to communicate with the media. It specifically bans writing or sharing material via any platform that “could create misunderstanding between people or unrest.” 

It bans all protests without government permission and permits arrest without court order in “a place assigned by the command post until the end of the state of emergency.” It also permits “rehabilitation” – a euphemism for short-term detention often involving physical punishment. Many of these restrictions are country-wide and not limited to the two of Ethiopia’s nine regions where most of the unrest took place.

Under international law, during a state of emergency a government may only suspend certain rights to the extent permitted by the “exigencies of the situation.” Many of the measures, including the restrictions on freedom of expression, assembly, and association go far beyond what is permitted under international law.

The government reports that since the state of emergency began, 1,600 people have been arrested, including about 50 for closing their businesses. Human Rights Watch also has received unconfirmed reports of unlawful killings, mass arrests, and looting of houses and businesses by the security forces. There have been some armed clashes between security forces and unidentified groups. Mobile phone access to the internet has been blocked since October 5. Addis Standard, a monthly English language magazine and one of the few independent publications left in Ethiopia, announced on October 25 that it was halting publication of its print edition due to state-of-emergency restrictions.

Large-scale, and mainly peaceful anti-government protests have been sweeping through Oromia, Ethiopia’s largest region, since November 2015, and the Amhara region since July 2016. Ethiopian security forces have killed more than 500 people during protests over the last year. These protests occurred in a context of the near-total closure of political space.

Protesters have voiced a variety of concerns, including issues related to development, the lack of political space, the brutality of the security forces, and domination of economic and political affairs by people affiliated with the ruling party. The emergency measures send a strong and chilling message that rather than dealing with expressed grievances and ensuring accountability for violence by both government forces and protesters, the government will continue and probably escalate the militarized response.

On October 2, in Bishoftu, a town 40 kilometers southeast of the capital, Addis Ababa, tensions ignited at the annual Irreecha festival – an important Oromo cultural event that draws millions of people each year. Security forces confronted huge crowds with tear gas and fired shots and scores of people then died during a stampede. Since then, alleged demonstrators have damaged a number of government buildings and private businesses perceived to be close to the ruling party, setting some on fire.

The government has in part blamed human rights groups seeking to document violations of international law for the recent unrest. Human Rights Watch has repeatedly called for an independent and credible investigation into the security force response to the protests and to the deaths in Bishoftu.

“Many of the abuses committed by security forces since November 2015 have now been codified under the state of emergency,” Horne said. “Trying to use the legal cover of a state of emergency as a pretext for the widespread suspension of rights not only violates the government’s international legal obligations, but will exacerbate tensions and long-term grievances, and risks plunging Ethiopia into a greater crisis.” 

Source: Human Right Watch 

Legal Analysis of Ethiopia’s State of Emergency- HRW

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. 

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[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.

[6] Human Rights Watch, “Such a Brutal Crackdown.”

[7] Federal Democratic Republic of Ethiopia Constitution, art 93(1)(a).

[8] ICCPR, art. 4

[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.

[11] Ibid., para. 4.

[12] Ibid., para. 1.

[13] State of Emergency Directive, 2016, art. 1 [translated from Amharic].

[14] State of Emergency Directive, art. 2 [translated from Amharic].

[15] State of Emergency Directive, art. 28(5) [translated from Amharic].

[16] State of Emergency Directive, art. 16(2) [translated from Amharic].

[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).

[23] State of Emergency Directive, arts. 2(1), 16(1) [translated from Amharic].

[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....

[26] Human Rights Watch, “Such a Brutal Crackdown.”

[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...

[29] State of Emergency Directive, art. 18. [translated from Amharic]

[30] State of Emergency Directive, art. 3. [translated from Amharic]

[31] State of Emergency Directive, art. 5. [translated from Amharic]

[32] State of Emergency Directive, art. 6,9. [translated from Amharic]

^[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).

[36] State of Emergency Directive, art. 4(1). [translated from Amharic]

[37] State of Emergency Directive, art. 7. [translated from Amharic]

[38] State of Emergency Directive, art. 28(1) & (2). [translated from Amharic]

[39] State of Emergency Directive, art. 28(3). [translated from Amharic]

[40] ICCPR, art. 4(2)

[41] Human Rights Committee, General Comment No. 29, para. 13(b).

[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.

[43] State of Emergency Directive, arts. 5, 28(7), 30. [translated from Amharic]

[44] Human Rights Watch, “Such a Brutal Crackdown,” p.21

[45] Ibid.

[46] State of Emergency Directive, art. 17. [translated from Amharic]

[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.”

[48]  Ethiopia’s National Refugee Proclamation, No. 409/2004, art. 21(2).

[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