By Rakeb Messele ABERRA
1. Background
Ethiopia differs from
other African countries in that foreign interests
never colonized it, except for a five-year Italian occupation from
1936-1941. In August 1995, the Federal Democratic Republic of Ethiopia
was established replacing the Transitional Government of Ethiopia, which
was established in 1991 after the overthrow of Colonel Mengistu Haile
Mariam's 17-year-long Marxist dictatorship. Prior to the Mengistu
government, Ethiopia was ruled by Emperor
Haile Selassie I, who played a major role in creating the countrys
legal system. During Mengistu's regime, civil war in Eritrea and Tigray
and conflict with the neighboring country Somalia together with drought
and famine took the life of millions.
Ethiopia, with more that 80 ethnic groups, has a
parliamentary federal government. The two primary federal bodies are the
House of Peoples’ Representatives and the House of Federation. The
former has broad legislative powers, while the latter is responsible
primarily for interpreting the Constitution and promoting unity between
Ethiopia’s various nationalities. Negasso Gidada, who has been the Head
of State for the past six years, has been replaced by Major Girma Wolde
Giorgis, aged 77, on 8 October 2001. During the last year of his
presidency, President Negasso has been in a number of misunderstandings
with the ruling political party, Ethiopian Peoples’ Revolutionary
Democratic Front (EPRDF).
The Prime Minister, , has the highest executive
powers together with the Council of Ministers. The Prime Minister was
first elected in 1995, when the citizens of Ethiopia exercised the right
to vote for a national government for the first time, pursuant to a
revised Constitution ratified in December 1994. He was reelected in the
second national election in May 2000 and
lastly
Meles Zenawi elected for third period in 15
May 2005. The next election supposed to be held in 2010.
The 1994 Constitution further establishes an
independent judiciary both at the federal and state levels. Though the
ultimate power to review the constitutionality of law lies with the
Federal Council, courts have powers to both create and interpret laws.
The judicial system of Ethiopia is restructured along
federal lines with courts at the district, zonal and regional levels.
The federal High Court and federal Supreme Court hear and adjudicate
original and appeal cases involving federal law, transregional issues
and national security. The regional judiciary is autonomous and mirrored
the structured of the federal judiciary.
The Constitution provides legal standing to some
preexisting religious and customary courts and gives federal and
regional legislatures the power to recognize other courts. The
Constitution has further specifically stated that both parties to a
dispute need to agree for a customary or religious court to have
jurisdiction to hear their case. Sharia (Islamic) courts may hear
religious and family cases involving Muslims. In addition, some
traditional courts resolve disputes especially in the rural areas where
formal judicial system is not adequately accessible.
The Ethiopian civil legal system has its primary
source in legislation. The Constitution declares itself the supreme law
of the land. It further gives all international agreements ratified by
Ethiopia, the status of national law. In addition, the fundamental
rights and freedoms enshrined in the Constitution are to be interpreted
“in conformity with the Universal Declaration of Human Rights,
international human rights covenants and with the principles of other
relevant international instruments, which Ethiopia has accepted or
ratified”. However domestic application of international standards is
very minimal.
2. Human rights record
The Government of the Federal Democratic
Republic of Ethiopia (FDRE) has generally a poor record of human rights
though there were improvements in few areas.
The border conflict with Eritrea, its former province that won
independence in 1993 after a 30-year war, that erupted in 1998 resulted
in drastic humanitarian consequences, and contributed considerably to
the worsening of the human rights situation of both parties. The
two-year conflict was estimated to have killed and wounded tens of
thousands of soldiers and civilians and uprooted nearly a million
people. By early 2000, Ethiopian authorities, citing broad threats to
national security had forcibly expelled some 70, 000 Eritreans to
Eritrea. Those who remain in the country are registered as aliens. Some
of those expelled were lifelong Ethiopian citizens. Many of the
deportees were children and elderly persons who do not conceivably posed
credible security threats. Concerning the controversial issue of
Ethiopian nationality, the Ethiopian Government held that it had a legal
right to deport Ethiopians of Eritrean origin who had voted in the 1993
referendum on the independence of Eritrea. However at the time of the
referendum, the Ethiopian authorities did not declare that participation
in the referendum would constitute a formal renunciation of Ethiopian
nationality. At the time, the two governments that were the closest of
allies, both focused in facilitating the referendum and endorsing its
result and left sensitive issues of nationality and border demarcation
unresolved.
On the other hand, tens of thousands Ethiopian residents of Eritrea
returned to Ethiopia under duress. Eritrean authorities further returned
thousands of Ethiopian residents under harsh conditions citing
unspecified threats to national security, and the need to protect the
internees from angry mobs. The Ethiopian Government claims that some of
its nationals have undergone torture and ill treatment, including rape
by the Eritrean authorities.
The roundups and deportation raised fundamental concerns regarding
arbitrary arrest and detention, forced exile, the forcible separation of
families, nationality issue, hardship and financial losses. The
judiciary did not challenge the lawfulness of the detention and
deportation as the deportation was undertaken within few days of the
arrest. However according to testimonies of the deportees, torture and
other physical maltreatment during detention and deportation were
limited. Ethiopia granted the ICRC regular access to Eritrean prisoners
of war and hundreds of civilian internees. Overcrowding of detention
camps remains nevertheless a serious problem, prison conditions are not
sanitary and access to medical care is not reliable. However
international observers have reported that the conditions were
improving.
During the course of the conflict, both Ethiopian and Eritrean
governments started to support each other opposition groups. Ethiopia
accused Eritrea of arming and training the Oromo Liberation Front (OLF),
insurgents that fought for years for self-determination in Oromia
region. Ethiopia sent troops to Somalia and made limited incursions into
northeastern Kenya to tackle OLF elements, giving the conflict a great
potential to intensify into a regional one. At the same time, Ethiopia
encourages exiled Eritreans oppositions groups to topple the Eritrean
government.
Despite the efforts made by mostly the OAU, the UN and the USA, both
parties insisted to ensure key strategic advantages on the battlefield
before they engage in any meaningful peace agreement. However, the
pressure by the international community was minimal compared to the ones
exerted in Kosovo, the Indian Subcontinent and East Timor. The UN
Security Council, in a February 10 resolution, demanded for a cease-fire
and for an imposition of an arms embargo on both countries.
Ethiopia launched a massive attack against Eritrea on 12 May 2000 and
successfully retook disputed territories that Eritrea had occupied at
the beginning of the war, while seriously weakening the Eritrean
military capacity. The two parties agreed on 18 June to a cessation of
hostility agreement proposed by the OAU with the backing of the USA and
the European Union. The agreement provided for the deployment of a UN
peacekeeping force in a temporary security zone, 25 km inside Eritrea
along the entire border, a time frame for the neutral demarcation of the
bitterly disputed borders, and the conclusion of a permanent cease-fire.
The Framework Agreement and the Modalities for its implementation were
accepted by the two parties as a result of great efforts by the OAU and
were endorsed by the latters Summit in July 1999. The Framework
Agreement provided a basis for addressing the human rights and
humanitarian problems resulting from the conflict, committing the two
parties to put an end to measures directed against the civilian
population and to refrain from any action which can cause further
hardship and suffering to each others nationals. They further agreed
to address the negative socio-economic impact of the crisis on the
civilian population, particularly those persons who had been deported”.
The OAU in collaboration with the UN was to deploy human rights monitors
“in order to contribute to the establishment of a climate of confidence
between the two parties” under the terms of the Framework Agreement.
However, in contrast to its active role in the mediation process, the
OAU proved itself far less assertive when it comes to the definition of
formal mediation and arbitration mechanisms to address the human rights
and humanitarian consequences of the conflict.
On the other hand, the Government led by the Ethiopian Peoples
Revolutionary Democratic Front (EPRDF) held the second election in May
2000, where members of the two chambers of Parliament were elected
pursuant to the Constitution. Nevertheless, the principal faction within
the EPRDF remains Prime Minister Meles Tigray Peoples Liberation Front
(TPLF). Around sixty political parties were registered and in November,
the Government initiated a dialog with opposition parties to discuss
preparation for the election. However, the EPRDF has strict hold over
Ethiopia's ethnically defined federal states through regional ethnically
defined parties affiliated to it. Complaints are made by autonomous
opposing political groups, on the restrictions that the Government
imposes on their right to freely participate in the government.
Government officials accepted election monitoring by the OAU, local UN
staff and domestic NGOs but stated that they would not invite
international observers. While the elections were reported by observers
to be generally free and fair in most areas, though serious election
irregularities occurred in the Southern Nations and Nationalities
Peoples’ Regional State. At the end of its investigation, the National
Electoral Board determined that some of the complaints had merits and
even ordered new elections in some areas. At the end of May 2000
election, in the 547-seat federal parliament (House of the People's
Representatives), EPRDF candidates won 481 seats, EPRDF affiliate
candidates won 37 seats, opposition party candidates won 16 seats and
independent candidates won 13 seats.
During the first half of 2001, the ruling party, EPRDF, had major
political problems among its own members. The party had to split into
two, with members on Meles side remaining in power after winning mere
majority. Two of them and a number of businesspersons were then
arrested, detained and charged for abuse of power and corruption among
others. Since then, the Government has taken steps to enact
anti-corruption legislation and to establish a commission.
The law does not restrict the participation of women or minorities in
politics. While women's status in political participation is greater
than ever, women are minimally represented in the political sphere.
Women occupy forty-two of the 547-seat in the parliament. Four of the 27
members of the Council of Ministers that were appointed on 16 October
2001 are women. Ten of 113 members in the House of Federation are
female. There are three women in the Supreme Court.
2.1 Political and other
extrajudicial killing
The number of extra-judicial killings and
disappearances is on the decline though there are still claims that
there were many politically motivated disappearances. In relation to
this, the Government reported that it has jailed or dismissed officials
for abusing their authority and violating human rights. In May 2001 in
Addis Ababa, it is alleged that the police killed more than 30 people
and detained hundreds of students during a riot that has started by
students claiming issues of rights.
In 1997, the Federal High Court in Addis Ababa began the arraignment and
prosecution of 5,198 person formally charged with genocide and other war
crimes under the pervious regime, including Colonel Mengistu who is now
in exile in Zimbabwe. In November 1999 the Federal High Court handed
down the first death sentence in absentia to a former district governor
and army lieutenant, Getachew Tebeka. Because of lack of staff and
funds, some had spent more than six (6) years in pro-trial detention.
2.2 Torture and other cruel,
inhuman, or degrading treatment or punishment
There were credible reports
that security officials sometimes beat or mistreat detainees. Prisons
are overcrowded and the conditions are not sanitary. Access to medical
care is not reliable. In general, the ICRC has access to federal and
regional prisons, civilian detention facilities and police detentions
throughout the country.
Female Genital Mutilation as a degrading and humiliating practice
against women is widespread in Ethiopia though research show that it is
on the decline. In addition, though traditional forms of slavery is
abolished in Ethiopia, the matter is manifesting itself today by way of
sale of children, child labour, child soldier and prostitution, bonded
labour, smuggling and trafficking of women especially in the Middle
East.
2.3 Arbitrary arrest,
detention or exile
Thousands of criminal suspects remained in
detention without charge, most of who were accused of involvement in OLF
terrorist activities. Often these lengthy detentions are due to the
severe shortage and limited training of judges, prosecutors and
attorneys. The roundups and deportation of civilian residents of
Eritrean origin have raised a major concern in this respect as well.
2.4 Denial of fair public trial
Though the courts show signs of
independence, the judiciary is weak and overburdened. Severe shortage of
adequately trained personnel in many regions, as well as serious
financial constraints add up to the problem.
To remedy this problem, the Government identifies and trains lower court
judges and prosecutors. Foreign financial and technical assistance is
welcomed to accelerate this process.
Furthermore religious and customary courts that are recognized by the
Constitution have led to numerous violations of human rights especially
women’s rights as cases are brought to these courts without their
consent despite the constitutional requirement.
2.5 Freedom of speech and press
The Constitution
and the 1992 Press Law provide for the freedom of speech and of the
press; however in practice the Government continued to prosecute
journalists and editors for publishing articles that violated the Press
Law, and some journalists practiced self-censorship. Nevertheless, the
private press is still very active and openly criticizes the Government.
Many continue to publish false information, unsubstantiated stories, and
harsh anti-government articles without any official sanction. No
newspaper or publication has been banned so far. Nevertheless, citizens are
generally free to discuss publicly any topic they choose.
Radio remains the most influential medium of information, especially for
those who live in rural areas. The Press Law allows for private radio
stations.
2.6 Freedom of peaceful assembly
and association
While the right to freedom of peaceful
assembly is increasingly exercised, the Government still imposes limits
by way of long unexplained delays in issuing permits for organizers of
large public meetings or demonstrations that must be notified to the
Government in advance. There are also unconfirmed reports that in May
2001, the police killed and detained a number of students during a riot.
The Government limits the right to freedom of association, though there
was some progress towards the establishment of national and
international institutions for the protection and promotion of human
rights since the change in its procedures for registration of NGOs in
1996. However a number of policy issues regarding NGOs remain
unresolved, and the NGO registration process still is extremely slow. In
September 2001, the Ministry of Justice suspended the license of the
Ethiopian Women Lawyers Association and blocked its bank account,
notwithstanding the provision of the relevant legislation, claiming,
rather vaguely, that it has been involved in political activities. Other
human rights organizations like the Ethiopian Human Rights Council and
the Human Rights League have also been facing problems during
registration or while undertaking their activities. In July 2000, the
outgoing parliament unanimously approved the proclamation establishing
the Ethiopian Human Rights Commission and the Office of the Ombudsman,
days before the end of its five-year tenure, though both institutions
are not yet functional as of October 2001.
2.7 The right to freedom of
religion
There were some instances of conflict among
religious groups, mostly between Orthodox Christians on the one hand,
and Evangelicals and Pentecostals on the other. In most inter-religious
disputes, the Government maintains neutrality and tries to be an
impartial arbitrator. However, in most sections of the country, Orthodox
Christians and Muslims participate in each other religious observances,
and there is tolerance for intermarriage and conversion.
2.8 Discrimination based on sex,
disability, race and age
2.8.1 Women
The Constitution provides for the equality
of women. The Government has further formally adopted a National Program
of Action in 1997 to enhance the status of women. The Program seeks to
expand educational and work opportunities for women, improve women's
access to health care, and educate women about certain unhealthy
traditional practices such as early marriage. However, harmful
traditional practices, such as female genital mutilation, early
marriage, and abduction are still pervasive social problems, though some
are on the decline. While in most cases women have recourse to the
police and the courts, societal norms and limited infrastructure which
is not, in most cases, gender-sensitive inhibit many women from seeking
legal redress, especially in rural areas.
The 1960 Family Law of Ethiopia, which incorporated various provisions
contravening the equality clause of the Constitution, was amended in
July 2000 as a result of the persistent zeal and committed efforts of
many women's groups. The Revised Family Law provides for instance, that
divorce cases are to be seen and decided upon in a court of law,
contrary to the Civil Code of 1960, which gives the legal power to
dissolve marriages to Family Arbitration Council, irrespective of their
legal incompetence and their tendency to be impartial among others.
The Ministry of Justice has also completed a revision of the 1957 Penal
Code and national debate is being undertaken though various provisions
still need to be reconsidered.
Discrimination is most acute in the rural areas. The high level of
illiteracy, the high school dropout rate, sexual harassment of girls at
school and the lack of vocational training programmes remain a concern
for Ethiopian women. Women are minimally represented at the higher
decision-making levels, though their number in the House of People's
Representatives has increased from 15 to 42 among 547 members in May
2000 election.
Though the law prohibits trafficking in
persons, numerous young girls, in search for employment opportunities,
are trafficked to the Middle East. There are credible reports that
female workers were abused, including sexually and even killed. There is
a network of persons involved and benefiting from this industry.
2.8.2 People with
disabilities
Limited Government resources restrict action
to provide rehabilitation and assistance to the physically and mentally
disabled. A 1994 census determined that there were 989,000 disabled
persons in the country. This number is believed to have gone
significantly higher due to the Ethio-Eritrea border conflict. The
Government does not yet mandate access to buildings or government
services for the disabled.
2.8.3 National/racial/ethnic
minorities
There are more than 80 ethnic groups.
Although many of these groups have influenced the political and cultural
life of the country, Amharas and Tigrayans from the northern highlands
have played a dominant role. Some ethnic groups such as the Oromos, the
largest single group, were subjugated during the 19th century. In an
attempt to address ethnic concerns, the Government has established a
federal system with political boundaries drawn roughly along major
ethnic lines. With federalism, regional states have much greater control
over their affairs.
2.8.4 Children
The government has limited ability to
provide improved health care and basic education and thus has encouraged
efforts by domestic and international NGOs that focus on children's
social, health and legal issues. The overall literacy rate is
approximately 23 percent: only 17% of women are literate compared with
26% of men.
Discrimination and harmful
traditional practices against young girls continues to be a problem. The
law does not specifically prohibit female genital mutilation though the
constitution prohibits all practices that affect the physical and mental
well being of women. Early marriage, with girl as young as 9 years, is
common in some part of the rural areas.
The Committee on the Rights of the Child forwarded its concern in its
concluding observations at its 26th Session on January 2001, about the
large numbers of children living or working on the streets of main
cities of Ethiopia. These children mainly beg or work in the informal
sectors in order to survive. The Committee further showed its concern to
the number of children involved in child labour. Prostitution of young
girls remains a problem. Factors aggravating the problem are pervasive
poverty, migration to urban areas, and limited educational and job
opportunities. With this regard, Ethiopia ratified in 1999 the ILO
conventions 138 concerning the Minimum Age for Admission to Employment
and 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour.
The Revised Family Law also amends some aspects of existing legislation,
which were in contradiction with the Convention on the Rights of the
Child, such as the legal age of marriage. The Revised Family Law now
sets the legal age of marriage of both boys and girls at 18 years,
amending the previous legal age of 15 for girls and 18 for boys.
Ethiopia has currently only one juvenile justice court in the country
and only one Remand Home for child offenders, both in Addis Ababa.
Moreover, children are not separated from adults while in detention. The
Committee on the Rights of the Child is also concerned that the legal
minimum age of criminal responsibility is set at the very low age of 9
years.
Nevertheless, 10 Child Protection Units staffed by members of an NGO
were created in Addis Ababa’s Police Stations to protect the rights of
children by assisting them when they become victims of crime. Some
police officers have taken training on procedures for handling cases of
child abuse and juvenile delinquency.
References:
1. Amnesty International Annual Report 2000:
Ethiopia <http://www.web.amnesty.org/web/ar2000web.nsf/countries/3e
0dc7320 006c4bb802568f200â?¦> (Accessed 2 June 2001)
2. Human Rights Watch Report 1999:
Ethiopia <http://www.hrw.org/wr2k/Africa-03.htm> (Accessed 2 June 2001)
3. Human Rights Watch Report 2001: Ethiopia
<http://www.hrw.org/wr2k1/africa/ethiopia3.htm> (Accessed 2 June 2001)
4. The Constitution of the Federal Democratic Republic of Ethiopia.
5. United Nations Concluding Observations of the Committee on the
Elimination of Discrimination Against Women: Ethiopia (09 May 1996)
A/51/38, paras 134-163
6. United Nations Concluding Observations of the Committee on the Rights
of the Child: Ethiopia (31 January 2001) CRC/C/15/Add.144
7. US Department of State 1999 Country Reports on Human Rights Practices
- Ethiopia (25 February 2000)
<http://www.state.gov/www/global/human_rights/1999_hrp_rep
ort/ethiopia.html> (Accessed 2 July 2001)
8. US Department of State 2000 Country Reports on Human Rights Practices
- Ethiopia (February 2001)
<http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid=7 89>
(Accessed 9 March 2001) |