Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Ethiopia

The activities of human rights defenders in Ethiopia were often obstructed, as could establish the international fact-finding mission mandated by the Observatory in June-July 2004.

Obstacles to freedom of association and freedom of the press82

Appointment of the Ombudsman and the head of the Human Rights Commission

In compliance with Article 55 of the Ethiopian Constitution providing for the creation of national human rights institutions, the Human Rights Commission and the Ombudsman were officially established in July 2001.The Commission has been tasked with carrying out investigations on human rights violations committed on citizens, and has the possibility to propose amendments to the existing laws. Its role also includes the promotion of human rights and their teaching to the population and the police forces.

Parliament appointed the head of the Commission and the Ombudsman on 19 June 2004, without prior consultation with civil society, which expressed reservations about their competence and independence: the head of the Commission, Mr. Kassa Gebre Hiwot, is a former ambassador, without any particular experience in the field of human rights, and the Ombudsman, Mr. Abay Tekle Beyene, is a young academic and former member of the Amhara State Electoral Commission, which is close to the executive power.

Although the Parliament prepared guidelines covering the mandate of these two appointees, their exact attributions have not been made public yet.

Restrictive draft law on associations and NGOs

The legislation currently in force on freedom of association stems from the Civil Code's provisions on associations and the 1964 Associations Registration Regulation Act.

These laws oblige associations to register with the Ministry of Justice after completing a registration process that is essentially controlled by the authorities. To register, NGOs have to present the association's by-laws, the names and profiles of its members, a list of the activities planned inside and outside the country, as well as guarantees of solvency from its donors. The licence to carry out activities, which has to be periodically renewed, is granted by the Ministry of Justice, which is free to withdraw or modify it. Many human rights organisations have stressed the discretionary powers of the Ministry, which grants or renews registration in a selective manner. Organisations such as the Ethiopian Human Rights Council (EHRCO), the Ethiopian Teachers' Association (ETA) and the Ethiopian Free Press Journalists' Association (EFJA) have all had numerous problems in registering, all the more that there is no set time limit between filing for and receiving authorisation, while pro-governmental NGOs get registered very quickly and easily.

Since 2001, the Ministry of Justice has been studying a new draft law on NGOs. The first draft that was presented in 2001 had been severely criticised by various civil society associations that collectively had formed a working group. This group has been institutionalised in the form of a committee which has been invited to participate in the formulation of the new draft law. A public debate was held in July 2004 on the newly proposed text, but many independent human rights associations were not invited to participate.

Although this draft law authorises associations to organise themselves in networks, it allows the Minister of Justice extensive powers to interfere in NGOs' internal affairs and thus contributes to maintaining a strict control over civil society. The Ministry of Justice, for instance, can decide on the administrative dissolution of an association, dismiss its members (whether elected or not), and order confiscation of documents or a search of the premises without a warrant.

This bill is to be submitted to the Council of Ministers in 2005, and then to the Parliament for adoption as a law.

Draft proclamation to provide for freedom of the Press

Although freedom of expression and freedom of the press are guaranteed by Article 29 of the Ethiopian Constitution, the government presented a very restrictive draft law entitled "Proclamation to Provide for Freedom of the Press" in January 2003. This bill included many restrictive provisions and was staunchly rejected by civil society and international experts. The government very slightly modifed it and then presented it again at the beginning of 2004.

On 27 February 2004, Mr. Simon Bereket, Minister of Information, announced his intention to submit the bill to the Council of Ministers before 5 March 2004. After being approved by the Council, it was to be submitted to the Parliament for adoption as a law. Protests from civil society and journalists convinced the Minister to convene a meeting with representatives of the Ethiopian media in Addis Ababa from 21 to 23 July 2004. After that consultation, to which independent journalists were not invited, a new version of the text was presented.

This new text, presented at the end of July 2004, was hardly different from the original one. Article 5 providing for the "Right to Carry on Press Activity" includes a list of conditions (including age, nationality, and legal background) to be met in order to obtain a licence (Articles 9 and 10), the whole process being under the control of the Ministry of Information. The bill also provides for the creation of a government-controlled Press Council in charge of drawing up a code of conduct for journalists, and give the courts pre-censorship powers. Lastly, Article 47 provides for heavy fines and prison sentences of up to 5 years for violating the law.

On 28 September 2004, another consultative meeting was convened by the Minister of Information. International organisations for the defence of journalists were also invited. Mr. Simon Bereket agreed to revise certain provisions of the bill, in particular on licensing journalists, the independence of the press council, and respect for confidentiality of source. However, the draft law which will be presented again in 2005, still provides for heavy penal and criminal sanctions for violating the press law.

EHRCO activities impeded83

Legal proceedings against EHRCO

On 8 May 2001, Mr. Mesfin Wolde Mariam, chairman of the Ethiopian Human Rights Council (EHRCO), and Mr. Birhanu Nega, chairman of the Ethiopian Economic Association, were arrested following the students' demonstrations of 17 and 18 April 2001 that the police had violently repressed. One of the main reasons for their arrest was the outspoken position they took on 9 April 2001 in support of academic freedom and respect of human rights, at a seminar held at Addis Ababa University. They were released on 5 June 2001 after going on a hunger strike to protest against their conditions of detention.

Since then, two charges were brought against Messrs. Wolde Mariam and Nega. On grounds of Articles 32-1 and 480 of the Criminal Code, they were accused of having encouraged students "to demand respect of their rights by rioting rather than through legal means". They were also charged, on the basis of Articles 32-1 and 250, of colluding with the Ethiopian Democratic League (EDL), an organisation considered illegal at that time (but which has been registered since) and seeking to "create a clandestine party in order to change the Constitution by illegal means". The hearing was adjourned over and over again since June 2001: on 28 July 2004, it was postponed for 5 August 2005.

Smear campaigns following publication of reports

On 5 January 2004, EHRCO published a report on human rights in the Gambella region, in the western part of Ethiopia, undergoing a violent ethnic conflict. This report, entitled, A Ferocious Attack Committed in Gambella Region, questioned the government's ethnic policy and denounced the assassination of at least 13 civilians by the Ethiopian armed forces. This information was confirmed thereafter by a fact-finding commission established by the Parliament in April 2004. On 18 January, however, the government denied that any civilians had been killed by the armed forces and threatened to "take the appropriate measures against EHRCO". This statement was widely broadcast on television and published in various newspapers.

In February 2004, EHRCO published a report on the observation of district elections held on 25 January 2004 in the eastern province (Somali). The report especially denounced the many cases of abuse of and violations against opposition party members and candidates. A few days later, the National Elections Council, in its gazette, warned EHRCO that its authorisation to observe elections in the country would be withdrawn if it did not disclose its articles to government authorities before publishing them.

Last, following the publication, on 7 May 2004, of an EHRCO report condemning the terrorist actions led in the Oromia region between March and May 2004, the Ministry of Information launched a vast smear campaign against the association on State radio and television channels. In the two main government-controlled newspapers, the Ministry accused EHRCO of having its own political agenda and of not being a human rights organisation.

Retaliation against Mr. Abebe Shambi

In March and April 2004, many teachers in Ambo city, 120 km west of Addis Ababa, were suspended following student protest movements in the region. Although he had not participated in these movements, Mr. Abebe Shambi, a civics teacher and the only representative of EHRCO in Ambo, was accused by the authorities and the administration of Ambo primary school where he taught, of "propagating the objectives of EHRCO amongst the students" and encouraging them to rebel.

On 26 April 2004, Mr. Shambi was suspended from teaching until September 2004, when he was transferred to the Odo Liben primary school in the outskirts of Ambo.

Pressure against EFJA84

The Ethiopian Free Press Journalists' Association (EFJA), created in March 1993, is composed of over 150 journalists across the country. It strives to protect the independence of journalists and promotes freedom of expression. EFJA was registered with the Associations Registration Office and attained official recognition in March 2000.

Its executive committee, which was elected in December 2001, received a summons by the governement on 10 November 2003, under the pretext that EFJA had not submitted its financial reports to the Ministry of Justice since 2000. Furthermore, the authorities demanded EFJA to submit the association's financial reports and audited accounts statement, although Ethiopian law waives this requirement only for organisations with budget below 55,000 Ethiopian birr (5,000 euros).

Since EFJA directors feared the association's licence would not be renewed (according to Ethiopian law, all associations have to get their licence renewed regularly), they submitted the reports to the authorities and declared that an auditor would be appointed to check the accounts. Alongside this administrative harassment, EFJA was subjected to a sweeping denigration campaign in the pro-governmental media.

On 2 December 2003, the government officially announced its decision to suspend EFJA. The Associations Registration Office, in a letter (Ref. no.11/2155/w-493) to the EFJA executive committee, forbade in particular the following people to "carry out any further activities within EFJA": Messrs. Kifle Mulat, chairman of EFJA, Taye Woldesmiate Belachew, vice-chairman, Sisay Agena, treasurer, Tamiru Geda, public relations manager, and Habtamu Assefa, accountant.

On 5 December 2003, EFJA appealed this decision with the Ministry of Justice, which never took up the matter. Moreover, EFJA's accounts were frozen.

In the meanwhile, the government tried to take control of the association. On 4 January 2004, the Minister of Justice decided to set up and appoint a new executive committee. This attempt failed because of protests by EFJA members, so, the Minister imposed, on 18 January, the election of a new committee by a congress that was established and convened especially for the occasion, and in which none of the EFJA journalists participated. On 27 January 2004, following the election, the "genuire" EFJA lodged a complaint against the Ministry of Justice with the Federal First Instance Court, before most of its members resigned on 31 January 2004.

The "fake" EFJA started its activities, e.g. it participated in the seminar organised by the Ministry of Information on the new press law.85

On 24 December 2004, the 4th Chamber of the Federal High Court ruled that the suspension of EFJA and its senior staff was illegal and declared the election of the new executive committee, organised by the Ministry of Justice, null and void, since EFJA congress shall be exclusively composed of permanent EFJA members.

As at the end of 2004, EFJA members were about to resume their activities but feared that the Ministry of Justice will lodge an appeal with the Federal Supreme Court.

ETA's freedom of association impeded86

The Ethiopian Teachers' Association (ETA) was created in 1949 and has 2.5 million members throughout the country. It aims at promoting an equitable, fair education policy.

In the early 1990s, as a result of government interference and pressure, a "new" ETA was set up. In 1993, the independent ETA accounts were frozen, under the pretext that the association was not registered, while its leaders were arbitrarily arrested and detained, some of them even being murdered. As a consequence, two organisations with the same name are operating at present.

On 30 January 2004, the premises of the "first" ETA were sealed off under the pretext that the association was not registered.

On 15 December 2004, the Federal High Court ruled that the "old" ETA was the one legal and required its accounts to be unfrozen and the offices, unsealed. The government ignored this decision and the "new" ETA lodged an appeal with the Federal Supreme Court on 25 December 2004. The hearing is scheduled for 1 April 2005.

Infringement of lawyers' independence87

Ethiopian lawyers are not allowed to exercise their profession unless they register with the Ministry of Justice, which set up a Committee of five people empowered to grant a professional licence to lawyers after examining their qualifications. This Committee is also authorised to transmit its recommendations on applications for registration, as well as on disciplinary sanctions, to the Ministry of Justice. This system thus places the lawyers under the direct authority of the Ministry. Many lawyers who defend human rights are subjected to fallacious accusations (followed by disciplinary sanctions) and threatened with having their licence withdrawn.

Arrest and arbitrary detention of Mr. Abebe Worke Wolde Yohannes

On 24 February 2004, Mr. Abebe Worke Wolde Yohannes, a lawyer, member of the Ethiopian Bar Association (EBA) and member of EHRCO's executive council, was sentenced by the Federal Supreme Court to 20 days of detention following a clash he had with one of his clients about his professional fees. While the Court was examining the client's claim, it decided to render judgement and sanctioned Mr. Wolde Yohannes, while it has no competence for taking such a step. Furthermore, the Minister of Justice threatened to revoke his lawyer's licence. By the end of 2004, the threat had not been taken any further yet.

Mr. Wolde Yohannes is the lawyer for ETA and for Messrs. Mariam et Nega.88 He regularly denounces State interference in these associations' activities, regularly edits articles in support of human rights in EHRCO publications, and defends victims of state persecution.


[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

82. See Preliminary Conclusions of the international fact-finding mission mandated by the Observatory in Ethiopia from 26 June to 3 July 2004.

83. See Annual Report 2003 and preliminary conclusions of the international fact-finding mission mandated by the Observatory in Ethiopia from 26 June to 3 July 2004.

84. Idem.

85. See above.

86. See preliminary conclusions of the international fact-finding mission mandated by the Observatory in Ethiopia from 26 June to 3 July 2004.

87. Idem.

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