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Ethiopia

The human rights record of the Ethiopian People’s Revolutionary Democratic Front (EPRDF) and security forces remain poor, not only in the Ogaden and Oromia regions of Ethiopia, but also in Somalia; yet the international community largely continues to turn a blind eye to the record of this regime with whom many have diplomatic, economic and military ties and who is seen by certain States as a key ally in the war against terror. Furthermore, the Ethiopian government has tended to respond in a negative manner to criticisms of its human rights record- closing the door to independent reporting and investigations rather than seeking to address the allegations notably by a full investigation and by setting up of independent and impartial accountability mechanisms.

The political situation in the country has deteriorated since the disputed 2005 general elections. The elections were followed by widespread protests throughout the country which the government responded to by carrying out a widespread crackdown on civil society leaving hundreds dead and tens of thousands detained. The mass arrests which took place were followed by a series of unfair political trials involving opposition leaders and members, including human rights defenders, journalists, publishers and ordinary citizens, who were accused, without reliable evidence, of offences of genocide, treason and attempts to overthrow the constitutional order.

Although in recent months the human rights situation seemed to improve the recent April 2008 legislative elections clearly revealed that political freedom continues to be hampered.1 In the months leading up to the elections the number of cases of arbitrary arrests, prolonged illegal detentions, interrogations and threats by the police as well as by local administrators, of leaders or members of opposition parties, notably of the Oromo Federalist Democratic Movement (OFDM), greatly increased, notably in the highly populated and repressed Oromia region.2 Much of the repression against government critics is carried out by local authorities who have become increasingly powerful as a result of the government’s decentralisation policies and who justify their actions by accusing the victims of being sympathisers of the Oromo Liberation Front (OLF). Members of the opposition party are intimidated into renouncing their membership by the local affiliates of the ruling EPRDF.3 Such OLF ‘sympathisers’ have also apparently been arrested in Addis Ababa and many have been detained at the notorious Central Crime Investigation Department (Maikelawi).4
As a result, candidates from the ruling party ran almost unopposed as many opposition candidates have been forced to pull out or have been prevented from registering, due to more ‘subtle’ legal restrictions and harassment which they have faced in recent months. The largest coalition of opposition parties - the United Ethiopian Democratic Forces – for example decided to boycott the vote because about 14 000 of its candidates had been forced to drop out after receiving threats or being denied registration.5 Although the government refused to allow international monitors into the country during the elections the international community continues to largely overlook the abuses of this regime.
The Ethiopian Human Rights Council (EHRCO), EHAHRD-Net focal point, has reported on a number of cases of extrajudicial killings – notably of people who had in the past been linked to opposition parties and who had suffered from human rights violations at the hands of the authorities in the 2005 clampdown.6

Authorities, and notably the police forces, continue to arbitrarily detain people without arrest warrants, denying access to counsel and family members for periods longer than the Constitutionally stipulated time restrictions of 48 hours and at times in defiance of court rulings particularly in the more remote regions and notably in Oromia. Most cases of arbitrary arrest and detention involve people suspected of being opposition members or sympathisers of insurgent groups, notably the Oromo Liberation Front (OLF) or of the Ogaden National Liberation Front (ONLF), two outlawed groups which has been carrying out low-level insurrection against the government.7 EHRCO has recorded several cases of people being arrested upon leaving the court after they were released on bail for previous charges.8 Although prisoners are by law supposed to be detained in official detention centres- many continue to be held in unofficial local detention centres.
The Constitution and law prohibit torture, however reports show that torture continues to be practiced by the security forces, notably those working at the Maikelawi in Addis Ababa, against people suspected of having links with the Oromo Liberation Front.9

Besides the 2005 incidents, there have also been serious accusations of human rights abuses arising from the long standing fighting between the Ethiopian army and the Ogaden National Liberation Front (ONLF) rebels in the country’s Somali Regional  State. The Ethiopian troops have responded to the increase in attacks by the ONLF which has taken place since the Ethiopian Troops invaded Somalia, by subjecting the civilian population to extrajudicial killings, rape, forced disappearances and arbitrary detentions during supposed counterinsurgency campaign.

Although the law criminalises rape, the government fails to implement the law or to hold those responsible, accountable. HRW has reported cases significant cases of sexual and gender-based violence being committed by the security forces against women suspected of having links to the ONLF in the conflict-affected region, notably whilst in military custody, and yet it appears that so far those responsible have not been punished for these violations.  Domestic violence is rampant and prosecution of offenders is, once again, limited. Women, in particular in rural areas, continue to suffer from discrimination- notably regarding marriage law and access to land.
Following the disputed elections of May 2005 and the subsequent demonstrations of November 2005, the space accorded to civil society organisations, in particular human rights organisations, has been greatly restricted.

In the aftermath of the November 2005 demonstrations, 38 members of the main opposition party, the Coalition of Unity and Democracy (CUD) including several human rights defenders, in particular journalists were detained. In July 2007 they were sentenced, after a lengthy trial, by the Ethiopian Federal Court ranging from one year to life imprisonment.10 Professor Mesfin Woldemariam, founder and former Chair of the Ethiopian Human Rights Council (EHRCO), EHAHRDP-Net Focal Point Organisation, and a member of the main opposition party, was amongst this group. After the sentencing many of those detained were in fact released, having received a presidential pardon after they agreed to sign ‘an acknowledgement of mistakes’ for their activities during and after the 2005 elections.
However, two human rights activists, Daniel Bakele and Netsanet Demissie, refused to sign this acknowledgement and decided to defend themselves in a trial. In December 2007 they were sentenced to 30 months imprisonment having been accused of inciting violence and provoking ‘outrages against the constitution’, a decision which was based on weak and implausible evidence. They were held until the end of March 2008 when they finally agreed to sign the acknowledgement and received a presidential pardon.11
The 2005 clampdown and subsequent trials have had a very negative impact on human rights activists who have had to exercise much more caution in their legitimate work and at times result to self-censure. According EHRCO government censorship of reports, press releases and statements by human rights organisations has increased and the Ministry of Justice has on several occasions called on organisations to refrain from making certain statements deemed ‘undesirable’ and not valid for public consumption.

In response to this restrictive atmosphere several HRDs, notably members of EHRCO, which is the only nationwide human rights organisation, have been forced into exile. Harassment of those remaining in the country persists: in August 2007, three EHRCO members were arrested, without an arrest warrant, along with other activists in the Oromia region and accused of inciting violence.12 One of the EHRCO members, Abdi Abate was transferred to Maikelawi where he continued to be help in defiance of a court order.
Others, that have chosen to remain within the country, have recently sought to establish networks of HRDs in the hope of trying to overcome some of these constraints and create a stronger common front. Nevertheless, the authorities appear determined to further increase their oversight and control over the legitimate work of human rights defenders, notably through more subtle ‘legal’ constraints. The draft Charities and Societies Draft Proclamation currently under review by the Ethiopian Council of Ministers is of particular concern. According to EHRCO’s, the draft NGO bill, which seeks to set-up a supervisory board which will be appointed by the Minister of Justice, further extends government control over NGO registration notably by granting it the power to deny registration and cancel licences for reasons which are largely unclear and haphazard.13 The draft proclamation provides that charities and societies established by Ethiopians under Ethiopian law are deemed to be foreign institutions solely for receiving more than 10% of their income from external sources. This clearly poses a significant risk given that the majority of NGOs in Ethiopia do receive some form of foreign funding and once considered to be ‘foreign’ may not engage in issues relating to human rights, governance, democratization and conflict resolution. This bill, which has been put forward with only a limited and inadequate level of involvement of civil society organizations, undermines the very existence of human rights activism in Ethiopia.

Although the Constitution and law provide for freedom of expression the government has greatly restricted these rights. The government continues to harass, intimidate and prosecute journalists, publishers and editors thus forcing many journalists to exert self-censure. The authorities use criminal law, and notably defamation charges, as a means of stifling critical journalism.14 Independent media outlets remain sparse. Several of the independent media outlets shut during the post elections clampdown remain closed, notably Asqual, Netsanet and Menilik.
Although the authorities, upon the release of the journalists following the ‘treason trial’, had agreed to allow the released journalists to resume their work, the government has been using bureaucratic tactics as a means of preventing them from doing so, notably by withholding press licences. Although two journalists formerly released have now been allowed to launch their own papers- three of their colleagues, notably Eskinder Nega and Serkalem Fasil, continue to be denied licenses without any explanation.15 Mr Nega and Mrs Fasil recently tried to publish a book relating to their ordeal whilst in prison, but security agents intervened and blocked its publication.16
Media coverage by certain international media institutions, notably Deutsche Welle (DW) Amharic language broadcasts and the Voice of America’s Amharic and Oromifa language broadcast, has on occasion been jammed.17 Articles critical of the government which have been written by foreign journalists have been censured. Websites and blogs run by the Ethiopian diaspora are still blocked by the government.

As of yet no independent and impartial accountability mechanism have been established to look into the human rights violations which took place in the aftermath of the elections; the results of the first ‘Commission of Inquiry’ that looked into the elections were more or less rejected by the Ethiopian authorities who came up with their own version of the report.