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, 2017 (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).
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 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”.
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 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.
None
Observations
Responses to communications
The 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).
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.
Observations
Responses to communications
The Special Rapporteur regrets that, to date, no reply has been received to his communications. He recalls that responses to his communications are an important part of the cooperation of the Government of Ethiopia 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 call on States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications.
The Special Rapporteur reiterates his deepest concern regarding the violent repression of peaceful protests against the “Addis Ababa Integrated Development Master Plan” in the Oromia region since mid-November 2015, which has reportedly led to the killing of hundreds of people and numerous injured protesters, as well as the lack of investigation against the use of violence by the police and security forces, and the alleged arrest, detention and disappearances of several protesters labelled as “terrorists” (ETH 5/2015). He urges the authorities to undertake a thorough and independent investigation into these cases, hold the perpetrators accountable, and provide remedies to the victims and families of victims. He notes with great concern the report of Human Rights Watch issued on 15 June 2016 according to which “Ethiopian security forces have killed more than 400 protesters and others, and arrested tens of thousands more during widespread protests in the Oromia region since November 2015” (https://www.hrw.org/news/2016/06/15/ethiopia-protest-crackdown-killed-hundreds).
Further concern is expressed at the charges brought against Messrs. Okwoy, Astin and Hojole, which appear to be directly linked to their legitimate and peaceful work in defense of human rights and to their peaceful exercise of their rights to freedom of opinion and expression and to freedom of peaceful assembly and association (ETH 4/2015).
The Special Rapporteur urges the authorities to inform him at the earliest of the results of the investigations undertaken into the killings that occurred during the protests. 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. He further urges the Government to provide legal grounds for the arrest and detention of the three aforementioned human rights defenders.
The Special Rapporteur recalls that Ethiopia has ratified the International Covenant on Civil and Political Rights (ICCPR) on 11 June 1993, which enshrines the rights to freedom of expression and opinion and freedom of peaceful assembly and association as set forth respectively in articles 19, 21 and 22 of the Covenant. He reminds again to the authorities of Ethiopia that protestors seek to convey opinions and, very often, challenge norms, and insists that while the State does not have to agree with the opinions and criticisms expressed by people who embrace different convictions or beliefs. The State has a positive obligation to ensure a conducive environment for the free exercise of these rights enshrined in the Covenant, in particular, for civil society activists to operate freely and without fear (A/HRC/20/27, paragraph 63).
More generally, the Special Rapporteur wishes to refer to the joint report on the proper management of assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66), which is highly relevant to the situation in the country.
Anti-Terrorism Proclamation 652/2009
The Special Rapporteur reiterates his concerns pertaining to the application of the Anti-Terrorism Proclamation 652/2009, which have been mentioned in several previous communications from special procedures mandate holders since its implementation in 2009 and has been the subject of a press release on 18 September 2014. In relation to the measures and legislation in force aiming at countering terrorism, in his first thematic report to the Human Rights Council, the Special Rapporteur on the rights to freedom of peaceful assembly and of association called upon States to “strictly and narrowly define the offence of terrorism in line with international law” and to ensure that any restrictions on the rights to freedom of peaceful assembly and of association are prescribed by law, which is necessary in a democratic society, and proportionate to the objective pursued, and do not harm the principles of pluralism, tolerance and broadmindedness. Therefore, any restrictions should be subject to an independent, impartial, and prompt judicial review (A/HRC/20/27, paragraph 84 (d) and (e)). On different occasions, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has stressed in a report to the General Assembly that “States should not need to resort to derogation measures in the area of freedom of assembly and association. Instead, limitation measures, as provided for in ICCPR, are sufficient in an effective fight against terrorism” (A/61/267, para. 53).
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 trusts that such a visit would allow him to examine in situ issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call upon States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur regrets not having received a response to his communications. He considers responses to his communications to be an important part of the cooperation of Governments with his mandate, in line with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Environment in which these rights are exercised
The Special Rapporteur reiterates his utmost concerns regarding the reported repression of peaceful protests by security forces and military special forces, especially in the Oromia, Amhara and Konso Wereda regions, leading to allegations of over 600 deaths, thousands of injuries, tens of thousands of arrests and hundreds of enforced disappearances since November 2015.
The Special Rapporteur also stresses his serious concern regarding Proclamation No. 652/2009 on Anti-Terrorism, adopted on 28 August 2009. The extremely broad and ambiguous definition of terrorism provided in Proclamation 652/2009 has been extensively used against protestors, without excluding other individuals such as journalists or any other dissenters, who are labelled as “suspected terrorists”, “encouraging terrorists” (art.6) or “being part of a terrorist organization” (art.7) . The Proclamation has permitted the use of unrestrained force against such individuals, including pre-trial detention, having the effect of criminalizing peaceful protests, infringing upon the rights to freedom of peaceful assembly and freedom of expression.
He also reiterates his concerns regarding the state of emergency declared on 9 October 2016. The state of emergency decree provides for a wide range of range of repressive measures, particularly regarding the right to freedom of expression and freedom of association and assembly rights (ETH 6/2016).
The Special Rapporteur 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 6 of the ICCPR ratified by Ethiopia on 11 June 1993.
He recalls that any restriction on the rights to freedom of expression, peaceful assembly and association must comply with the provisions of articles 19, 21 and 22 of the ICCPR. The Special Rapporteur also recalls resolutions 24/5 and 15/21, which affirm the responsibility of States to respect and fully protect the rights of peaceful assembly and association of all individuals.
In addition, he recalls the importance of ensuring a free and unhampered enjoyment of the right to assembly and protest to build peaceful and democratic societies. He finally recalls that the use of force by law enforcement officials should be exceptional, and assemblies should ordinarily be managed with no resort to force. Any use of force must comply with the principles of necessity and proportionality (A/HRC/31/66, par. 57).
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 does 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. The Special Rapporteur recommends that the Government establish a presumption in favour of peaceful assemblies in the law in a clear and explicit manner.
He also asks the Ethiopian authorities to repeal the decree on the state of emergency and reform Proclamation No. 652/2009. In light of the scale of violence exerted against protestors, the Special Rapporteur reiterates his call for the Government to allow an international commission of inquiry to investigate the violence used against peaceful demonstrators, including the alleged summary executions perpetrated since November 2015 (PR of 10 October 2016).
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.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
