COUNTRY BRIEF: FREEDOM OF EXPRESSION AND

ASSOCIATION IN ETHIOPIA

Law and practice

By Fasil Girma

THE CONSTITUTION

Had three written constitutions (in 1931, 1955 and 1987)

The current FDRE constitution entered in to force on 21 August 1995.

Established ethnic based federal state

more than 1/3 of its content is on fundamental human and people’s rights.

incorporates several human rights, traditional civil and political rights to socio-economic and group or solidarity rights

embodies several civil and political rights ( life, security of the person, liberty, ...)

Recognizes freedom of expression, association and assembly

OTHER LAWS

Anti-Terrorism proclamation (2009) Conflicts with the constitution’s provisions Restricts freedom of expression Violets basic human rights Vague restrictions Manly it allow the authorities to criminalize the

exercise of freedom of expression. Frequently used to silence journalists, activists

and opposition politicians

OTHER LAWS...

Charities and Societies proclamation (2009) Restricts freedom of association Limits civic societies activities It prohibits “foreign” NGO’s from engaging in

human rights, women’s rights, children’s rights, disability rights, etc..

foreign” NGO includes local NGOs that receive more than 10% of their funding from foreign sources.

Frequently used to silence vibrant civic society organizations

OTHER LAWS

Mass Media and Information Freedom proclamation (2008)

The ceiling for compensation in cases of civil defamation increases from what used to be 1000 birr in the repealed press law to 100,000 birr (6080 US$) now.

Intimidates publishers and owners Allows for the public prosecutor to issue an order to

impound a periodical or a book

PRACTICE

The 2005 election is a game changing event in Ethiopia.

Pre 2005 election Wider public participation Civic societies had active engagement on the

democratization process in the country’s history Media played significant role There was active conversation between competing

parties, civic societies and the media in an integrated forum

PRACTICE

On 2005 election The opposition CUD almost won the ruling

EPRDF in the 2005 election Election results converted in to the ruling party’s

favor Almost 200 persons who were demonstrating on

the streets were killed Opposition political party leaders, journalists,

activists and civic society leaders were arrested

PRACTICE

Post 2005 election New laws adopted that contradicts to the country’s

constriction (CSO law, Anti-terrorism law etc..) Many civic societies’ organizations were affected by

the laws (Ethiopian Human Rights Council, The Ethiopian Women Lawyers Association...)

Private press is highly affected by the anti-terrorism law

SOME EXAMPLES

Attack on civic societies

Gov’t freezes the Ethiopian Human Rights Council’s money, about Birr 6 million

It was also forced to down size its human resource by 80%

The Vibrant Ethiopian Women lawyers Association is grappling to survive due to budget cut.

More than 85% of Civic societies forced to shifted their agenda from human and civic rights to charities due to the cso law

SOME EXAMPLES..

Attack on press

December 2009, Martin Schibbye and Johan Persson were convicted

2011, Hellman-Hammett Award winner Woubshet Taye was arrested.

2011, Reeyot Alemu, a journalist for Feteh, was arrested

2012 PEN/Barbara Goldsmith Freedom to Write Award recipient Eskinder Nega was arrested

2014 six members of the Zone 9 blogging collective were arrested under terrorism charges

2014 three publishers were charged under terrorism charges

2014 journalist Temesgen desalegne was sentenced three years of imprisonment on defamation cases.

REPORTS

Human rights watch reported in 2015 : Hopes that Ethiopia’s government would ease its crackdown on dissent ahead of the May 2015 elections were dashed in 2014.

Committee To Protect Journalists (CPJ) rates Ethiopia one of the most censored country in the world.

The US State Department on Human Rights’ report severely criticizes Ethiopia in relation to the handling and practice of basic human rights

Amnesty International reported Ethiopia jailed large numbers of legally registered opposition political parties, journalists, bloggers and protesters.

IMPACT

Practically, the country has become a police state and is now being governed under one party system (multi party system diminishes)

In the 2010 election the ruling EPRDF won 99.6% of the 547 parliamentary sets

In the 2015 election the ruling EPRDF won 100% of all the 547 parliamentary seats

Direct and indirect political participation is undermined

No Accountability and Transparency

High level of grand and political corruption

WAY FORWARD

Networking with local, regional and international civic societies’ organizations and the media is important for better capacity to challenge the government in Ethiopia for freedom of expression and association.

Building integrated approach with regional and international organizations can help boost cso’s and the barely existed media’s confidence and capacity in Ethiopia.

THANK YOU!