Human rights in Ethiopia

Source: Wikipedia, the free encyclopedia.

According to the

U.S. Department of State's human rights report for 2022, there exists "significant human rights issues" in Ethiopia. In addition to extrajudicial killings and instances of "enforced disappearance", other human right issues in Ethiopia include arbitrary arrest, the censorship and unjustified arrests of journalists, the use of child soldiers, and more. [1]

Reports of human rights violations within the country have been levied at the federal government of Ethiopia, and by various militant groups and regional militias; including the Tigray People's Liberation Front.[1]

History

During Emperor Haile Selassie's reign, laws began to be systematically codified, allowing for the enactment of Ethiopia's first two constitutions: the Constitution of 1931 and the Revised Constitution of the Empire of Ethiopia of 1955, as well as six Codes that remain fundamental to Ethiopia's laws today.[2] However, both the 1931 Constitution and the 1955 Constitution systematized the power of the Emperor, leaving out what rights and freedoms his subjects should possess.[2]

After overthrowing Selassie in 1974, Major Mengistu Haile Marium established a military dictatorship that subjected its political opponents to "arbitrary arrests and detentions, torture, enforced disappearances and extra-judicial execution."[2] Five years later, Mengistu began the Derg's planned transition to a civil government, forming a Commission for the Establishment of the Worker's Party in 1979 and declaring a socialist republic, led by the Workers Party of Ethiopia, in 1984.[3] In 1987, the Constitution of the People's Democratic Republic of Ethiopia (PDRE Constitution) formally dissolved the Derg and inaugurated the People's Democratic Republic of Ethiopia (PDRE), a Marxist–Leninist one-party state that was dominated by the military and former Derg members.[3] The PDRE Constitution outlined basic rights and freedoms, including freedom of speech, press, and assembly; freedom of conscience and religion; and the rights of the accused and arrested.[4] Due to the PDRE's socialist ideology, the PDRE Constitution emphasized socioeconomic and cultural rights,[5] such as the right to free education; the right to healthcare; and the freedom to participate in science, technology, and the arts.[4] However, the same rights established in the PDRE Constitution were violated by Mengistu's military state.[2]

Mengistu's authoritarian military regime faced organized opposition for all of its fourteen years of rule.[5] Opposition groups including the Ethiopian People's Revolutionary Party (EPRP), a rival Marxist–Leninist group, and the Tigray-based Ethiopian People's Revolutionary Democratic Front, a coalition of ethnic democratic forces, led armed resistance to the Derg in a conflict known as the Ethiopian Civil War.[2][6][7] The Derg used violence, commonly enacted through military campaigns, to suppress dissidents.[8] In 1976, the Derg instigated the Qey Shibir (Ethiopian Red Terror), a violent political repression campaign targeting the EPRP.[8] Under Mengistu's leadership, the Derg did not only rely on state personnel to carry out the Qey Shibir; it also armed militias and civilian supporters and granted "genuine revolutionaries and patriots" impunity, further localizing state violence.[8] The Qey Shibir resulted in 50,000 fatalities.[9] In addition, many victims of the Qey Shibir were subjected to torture, exile, and sexual assault.[8] The Qey Shibir and the 1983-1985 famine, an event partly created and exacerbated by the government's military policies, increased popular support for the EPRDF, which successfully overthrew Mengistu's regime in 1991.[8][10]

The EPRDF took power in 1991 with the promise of a transitional program that would rehabilitate those negatively impacted by the previous regime, promote democracy, and recognize and protect human and minority group rights.[11][12] The Transitional Period Charter, which was adopted during the post-war conference in 1991, officially established a transitional government.[12] Drawing from the United Nations' Universal Declaration of Human Rights, Article 1 of the Charter guaranteed basic rights and civil liberties, specifically freedom of expression, association, and assembly; freedom of conscience; and the right to "unrestricted" political participation and party organization, "provided the exercise of such right does not infringe upon the rights of others."[13] The Charter also addressed the state of interethnic relations in Ethiopia. Article 17 of the Charter stated that the Transitional Government of Ethiopia (TGE) would work to de-escalate ethnic conflict as it led the country toward a full democracy.[13] Article 2 proclaimed the rights of ethnic groups in Ethiopia, which are officially referred to as nations or nationalities.[14] Among the rights granted to all Ethiopian "nations, nationalities, and peoples" was the right to self-determination, including the right to secede.[13]

In 1994, the EPRDF adopted the Constitution of the Federal Democratic Republic of Ethiopia, which came into effect following the 1995 general election.[2] Following the blueprint laid out by the Transitional Period Charter, the 1995 Constitution established an ethnic federal system.[11][14] Like the Charter, the 1995 Constitution draws from the Universal Declaration of Human Rights while also establishing protections of group rights.[11] Articles 14 through 44 of the 1995 Constitution codify "fundamental rights and freedoms," with Articles 14 through 28 pertaining to "human rights" and articles 29 through 44 establishing "democratic rights."[15]

In April 2018, Abiy Ahmed became Prime Minister and promised multiple reforms in terms of human rights. In 2018, his government freed thousands of political prisoners, lifted the state of emergency, ended the Eritrean–Ethiopian War, selected a new cabinet among which half the ministers were women, and appointed a woman judge, Birtukan Mideksa, as the head of the National Election Board of Ethiopia (NEBE).[16][17]

Anti-Terrorism Proclamation

Ethiopia's Anti-Terrorism Proclamation was introduced in 2009.

freedom of expression.[19] Amnesty International believes that at least 108 journalists and opposition members were arrested in 2011 primarily because of their legitimate and peaceful criticism of the government. The sheer numbers involved in this wave of arrests represents the most far-reaching crackdown on freedom of expression seen in many years in Ethiopia.[20]

From March 2011 to December 2011 at least 108 opposition party members and six journalists were arrested in Ethiopia for alleged involvement with various proscribed terrorist groups. The detainees had been charged with crimes under the Anti-Terrorism Proclamation and the Criminal Code. Many arrests in 2011 came in the days immediately after individuals publicly criticized the government, were involved in public calls for reform, applied for permission to hold demonstrations, or attempted to conduct investigative journalism in a region of Ethiopia to which the government severely restricts access.[20]

Amnesty International believes the individuals will not receive a fair trial and will be convicted for exercising their right to freedom of expression. Many of the detainees complained that they experienced torture and were forced to sign confessions or incriminating evidence. Almost all were denied access to lawyers and family at the start of detention.[21]

The trials have become deeply politicized owing to the interest of senior government officials including the Prime Minister who declared in the national parliament that all the defendants are guilty. The Prime Minister has publicly threatened to carry out further arrests. In the first week of December 135 people were reported to be arrested in Oromia. Amnesty International calls on the United Nations, European Union, African Union, and governments to: Conduct systematic monitoring of the ongoing terrorism trials and the trials of members of the Oromo people political opposition arrested during 2011 and make findings public.[20]

Political freedom

Two journalists and four opposition politicians of the Unity for Democracy and Justice (UDJ) party, and the Ethiopian National Democratic party, were arrested on 14 September and on 9 September 2011. They were accused of involvement with the Ginbot 7 group, a banned political party.[22]

Elections

According to

Oromia region, often on the grounds of supporting the (OLF), an armed group. Detention without trial, torture and killings of Oromos were reported.[23]

The Ethiopian People's Revolutionary Democratic Front (

EPRDF) consolidated political control with 99.6 percent victory in the May 2010 parliamentary elections. According to Human Rights Watch
the polls were preceded by months of intimidation of opposition party supporters. According to European election observers, the election fell short of international standards. The government had a five-year strategy to systematically close down space for political dissent and independent criticism.[24]

Freedom of the press

The Universal Declaration of Human Rights Article 19 of the freedom of expression states: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

1991–2018: EPRDF

According to Reporters Without Borders Ethiopia was 139 out of 178 in its latest worldwide index in January 2012.[25][26] Freedom House stated in 2007 that citizens had little access to media other than the state-owned networks, and most private newspapers struggled to remain open and suffered periodic harassment from the government.[27]

Government censorship, harassment and arrest of bloggers and journalists severely restricts freedom of the press in Ethiopia:

All of the above individuals were held at the Kaliti Prison.

2018–present: Abiy Ahmed

During the Abiy Ahmed prime ministership that started in April 2018, thousands of political prisoners were released in May 2018.[16] The rate of imprisonment of journalists during Abiy's first year of power dropped for the first time since 2004. In April 2019, the media remained reluctant to criticize the government out of fear of punishment.[33] From May 2019 to December 2020, Addis Standard counted 33 detentions of journalists. Most were released on bail, some without charges. The longest detention prior to bail among those listed was that of Kenyan freelance journalist Yassin Juma, who was detained for 49 days, accused of "inciting ethnic violence and plotting to kill senior Ethiopian officials".[34]

On 27 March 2020, Ethiopian police arrested journalist Yayesew Shimelis following his report about the COVID-19 pandemic. Following court orders to release him, police added additional charges, including terrorism charges. The Committee to Protect Journalists called the new accusations "dubious", and the One Free Press Coalition highlighted him in its May 2020 list of "10 Most Urgent" list of journalists under attack.[35][36][37]

Freedom of association

Protesters

In 2005, the

Ethiopian Police Massacre
took place. In this, it was claimed that the Ethiopian police massacred almost 200 opposition protesters, who were protesting in response to the May 2005 General Elections. During this, live gunfire from government forces was directed at protesters and bystanders.

Civil society

On 6 January 2009, the Ethiopian parliament passed the "Charities and Societies Proclamation (NGO law)", which "criminalizes most human rights work in the country" according to HRW, who added that "the law is a direct rebuke to governments that assist Ethiopia and that had expressed concerns about the law's restrictions on freedom of association and expression."[38] The Charities and Societies Proclamation No. 621/2009 of Ethiopia (Civil Society Law or CSO law) was enacted on 6 January 2009. The 2009 CSO law was part of the many measures behind the government's post-2005 authoritarian turn and sought to and to some degree succeeded in either dominating independent civil society or replacing them with Government Owned Non-Governmental Organizations (GONGOs).[39]

According to a paper by the Center for International Human Rights at Northwestern University School of Law, "The CSO law is the product of the Ethiopian government's deep suspicion of civil society" and has been frequently used to silence any organization that advocates for human rights in Ethiopia.[40] This law is more draconian than a similar Russian law and is most similar to a draft of a Zimbabwean NGO bill that was never signed into law. Research indicates that Ethiopia's CSO law is among the most restrictive in the world.[40]

This law prohibits "foreign" NGO's from engaging in a very wide range of activities including human rights, women's rights, children's rights, disability rights, citizenship rights, conflict resolution or democratic governance. The definition of "foreign" NGO was broadened to include local NGOs that receive more than ten percent of their funding from foreign sources. Given that most local NGO's cannot sustain themselves without some foreign funding, this definition is broad enough to include almost all NGO's in Ethiopia. However, the government of Ethiopia itself receives 50 to 60 percent of its national budget from foreign governments, which according to its own definition would clearly make it a foreign entity as well.[41]

Over the years Ethiopian organizations that have found themselves to be targets of harassment using the CSO Law include the Ethiopian Human Rights Council (EHRCO), the Ethiopian Women Lawyers' Association (EWLA) which provided pro bono service to Ethiopian women who could not afford a lawyer. Despite the fact that Article 31 of the Ethiopian Constitution provides that "every person has the right to freedom of association for any cause or purpose", the prohibition of NGO's by the CSO Law has had the effect of severely restricting citizens' right of association, as members of NGO's can not associate freely. [citation needed]

Electronic communications

In 2012, Ethiopia passed a law that criminalizes providing Internet voice communication (

According to Freedom House's Freedom on the Net 2013 report, Ethiopia ranked 56th out of 60 countries on Internet freedom[45] and 47th out of 53 in 2012.[46]

In October 2016, many Ethiopians protested against the government after they prohibited use of social media, and banned several television channels.[47] As a result, hundreds of people were killed and hundreds more imprisoned.[48]

Women's rights

According to surveys in 2003 by the National Committee on Traditional Practices in Ethiopia,

Southern Nations, Nationalities, and People's Region.[49][50]

On 9 November 2021, the

Tigray region destroyed, is preventing sexual violence survivors from obtaining essential care. The report named “I Always Remember That Day: Access to Services for Gender-Based Violence Survivors in Ethiopia's Tigray Region,” documents the serious health impact, trauma, and stigma experienced by rape survivors since the beginning of the armed conflict in Tigray.[51]

Female genital mutilation

According to the 2005 Ethiopian Demographic Health Survey, more than 74% of women between the ages of 15 and 49 have undergone some form of genital mutilation and cutting with more than 97% in the Somali Region.[52]

Disability rights

Among certain Omotic Karo and Hamar communities in southern Ethiopia, adults and children with physical abnormalities are considered to be mingi, "ritually impure". The latter are believed to exert an evil influence upon others; disabled infants have traditionally been murdered without a proper burial.[53][54] The Karo officially banned the practice in July 2012.[55]

Ethnic violence

Violence against Afar people

Violence against Amhara people

Violence against Oromo people

A nationwide

Oromia Region. Between January and September 2019, at least 10,000 people were detained under suspicion, where most were "subjected to brutal beatings".[57]

Ethnic conflict in the Southern regions

Violence in Konso

Violence against the Amaro Koore people

Other violence in Gedeo and neighboring Woredas