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THE HUMAN RIGHTS SITUATION IN ETHIOPIA 1. Introduction The situation in Ethiopia today forces us to say a few words
on peace and to state the position of the Ethiopian Human Rights
Council on the issue. There are those who believe that the
evidence for the existence of peace is the absence of 'the clash
of resounding arms.' A condition of true peace is much more than
the absence of armed struggle. True peace lies in the minds and
hearts of people. Peace is also freedom from fear and worry.
Peace is a condition that enables people to have long term plans
with confidence and to utilise their physical, intellectual and
spiritual resources. Peace is confidence in the rule of law and
in due process. The facts detailed below do not seem to suggest
that such conditions for peace are established in Ethiopia today. 2. Extra-Judicial Killings The persons whose names are listed below are reportedly killed by EPRDF forces.
3. The Gonder Massacre On Monday September 7, 1993 a large crowd of believers had
gathered at Adebabay Eyesus, in the city of Gonder. Security
forces who were trying to arrest Abba Amiha Eyesus, a hermit,
opened fire on the crowd. The Ethiopian Human Rights Council has
so far verified 18 deaths and 17 wounded. Large numbers of
persons are still detained in Bahta Prison, the Palace, Police
stations and other places. Even if Aba Amiha Eyesus had violated
any law, there were better ways of apprehending him. To look for
him in a crowd of thousands of people who had gathered to pray
and cause such harm to many is irresponsible. This action of
EPRDF forces contravenes Article 18 of the Universal Declaration
of Human Rights on the freedom of religion, worship and teaching.
Any doctrinal problem within the Church, if there is such a
problem, should be left to the Church and does not invite any
military intervention on such a scale. Had the right to practice
one's religion been respected, it would have saved the lives of
many innocent citizens. Abba Amiha Eyesus himself has been in
prison since and no charges have been brought against him. The following are the names of the dead and wounded: 4. Prisoners Who Died In Detention In its Fifth Report the Ethiopian Human Rights Council had
revealed the names of four young persons who were detained under
an allegation of being thieves and who had subsequently died in
prison in Ziway. Now, it has been reported to the Ethiopian Human
Rights Council that the following 35 young persons have also died
in different prisons.
5. Persons Wounded By Bullets The following persons have been reportedly shot and wounded by
EPRDF forces at different places and at different times. Two of
the three wounded were shot inside a church in Meqele, Tigray.
6. Detainees Whose Whereabouts Are Unknown According to the law, any person has the right to be told
where he shall be detained and for what reason he is being
detained. Even in cases where the person may be found guilty of
crime, there is no ground for punishing his family through daily
worry and expectation of the worst. That makes disappearances
both illegal and inhuman. Persons whose names and addresses are
outlined below have disappeared as of the dates indicated against
their names.
7. Illegal Detention Contrary to Article 9 of the Universal Declaration of Human Rights persons are being detained for a long time without due process. In its Third Report the Ethiopian Human Rights Council had indicated 2147 such prisoners, in its Fourth Report 433 such prisoners, and in its Fifth Report 494 in different prisons in various parts of the country. The present list does not include those in previous reports. Name of Prison - No. of Prisoners 8. Defiance Of Court Order Where there is the rule of law it is the duty of every one to
obey the order of the courts immediately and without delay.
Contrary to this principle the following persons still languish
in different prisons in spite of court orders to release them. In
many cases when court orders are given for their release, the
prisoners are taken to another prison instead of being freed. The
following persons remain in detention three to seven months after
court orders for their release. There is no better evidence than
this for the fact that the rule of law and due process are not
respected by the authorities. The institution of a procedure
which will allow the authorities to keep prisoners in detention
for unlimited time under the legal cover that charges are in the
process of being formulated against them, and the institution of
a law which abrogates the law requiring definite limit of time
for detention without charge are frequently violating provisions
of the Universal Declaration of Human Rights which the Charter
accepts "without any conditions." This proclivity to
bend due process to suit particular circumstances is extremely
harmful. In particular, this procedure has almost totally
disabled the writ of habeas corpus. It is becoming clear now that
no person may expect quick settlement on any legal problem. There
is hardly greater violation of human rights than the denial of
efficient and effective due process.
9. Harassment of Political Parties One of the most important indications of a democratic process
is the freedom of different political parties to express their
different views and convictions to the people. Article 21 of the
Universal Declaration of Human Rights which the Charter accepts
"without any conditions," states categorically the
rights of every person to participate directly or indirectly
through his/her representative in the government of his/her
country and that all persons should have equal access to all
public services. Two questions may be raised. The first is: are
we really laying down the foundations for a democratic order? The
second one is: are the public media such as radio and television
available to all political parties on a fair and equal basis? The
following cases will give some clue to the answers of these
questions. 9.1. NDU (National Democratic Union) NDU is one of the first parties that was established in
accordance with the provisions of the Charter. It was very
dynamic until all three top officials of the party were thrown in
jail in December 1991 for about three months. Now it is not as
active as it used to be. Nevertheless, on September 18, 1986 at
about 5.30 p.m. Ato Firesew Felleke, member of the Central
Committee, was walking to his home in Wereda 5, Qebele 17. He was
hit with a car with plate No. A.A. 2-17485 and forced into the
car. He was then taken somewhere and beaten with pistol butts. He
was then blindfolded and taken to a prison where his hands and
feet were tied with electric wire which has now become common. He
was beaten on the sole of his feet. Ato firesew was taken to
three different prisons where he received similar treatment.
Finally, he was taken to Maikelawi (Central Investigation
Department). His family never knew of his whereabouts until after
he spent 42 days in prison. Now he is released. 9.2. E.D.U. (Ethiopian Democratic Union) E.D.U. is one of the oldest political parties led by His
Highness Ras Mengesha Siyum of the Royal House of Tigray.
Although EDU is not an ethnic party it has its base in Tigray and
Gonder regions. Since July of 1993 members of EDU in Tigray have
been suffering much injustice. Some forty members from mainly
Inderta, Kilite Awla'ilo and Rayya and Azebo provinces had come
to Addis Ababa to express their grievances. The Ethiopian Human
Right Council, realising the gravity of the case, attempted to
have the problem resolved quietly. It may also be stated that
this problem of E.D.U. members from Tigray is widely known to the
diplomatic community in Addis Ababa. The attempt of the Ethiopian
Human Rights Council to resolve the problem quietly was not
successful. After the people went back to Tigray the harassment
they were subjected to was redoubled and they came back to Addis
Ababa in larger numbers, close to sixty persons. A few were
forced to change their political affiliation to TPLF. The list of
the grievances of these poor people, mostly peasants, is long and
varied. Even the church seems to be closed to them: they cannot
christen their children, they are not allowed to have the normal
Christian ceremony and burial. There is no such thing as free
market for them, for nobody is allowed to sell to them or buy
from them. Whenever they participate in the communal work, they
are discriminated against and are not paid; but whenever they are
absent they pay heavy fines and are sometimes imprisoned.
Occasionally they are made to parade in the streets as "EDU
criminals" so that others will not have any dealings with
them. Sometimes they are even sentenced to death by TPLF cadres
in front of a large gathering of people who manage to save their
lives. They are denied the right to work on their own land, and
their livestock are not allowed to graze on communal grazing
grounds. Their wives are constantly ordered to divorce them and
leave them. When relief food is being distributed they sign for
the number of family members, but they receive only one share,
the rest going to TPLF. Among the people there is one who lost
his teeth when he was being beaten and another one whose house
was burnt. The problem that the members of E.D.U. encounter in
relation to the Church clearly violates freedom of religion. It
is necessary for the Church to make its stand clear on the issue
in order to avoid any misunderstanding and suspicion. Recently
EDU members have also come from Gonder and Kembata. The one from
Gonder is a young man who had bruises in many parts of his body.
His captors were enjoying themselves by jabbing him with hot
bayonets. 9.3. IFLO (Islamic Front For The Liberation Of (Oromiya) 9.3.1. Detention And Beating Article 5 of the Universal Declaration of Human Rights states
that no one shall be subjected to cruel, inhuman or degrading
treatment and Article 12 prohibits any interference with privacy,
family, home or correspondence. The persons whose names are
listed below suffered the most cruel treatment in their own home,
in front of their wives and children. 1. Ato Mehammed Chello The home of Ato Mehammed Chello(Wereda 23, Qebele 12, House
No. 941 in Addis Ababa) was converted into a prison for three
days, from September 25 starting at about 5:15 a.m. until
September 27, 1993. A group of armed persons belonging to EPRDF
occupied the home, alleging that Ato Mehammed has hidden certain
individuals they were looking for and demanding to know their
whereabouts. Ato Mehammed and three other men were tied tightly
with ropes and beaten in front of their family members. The rope
with which their hands were tied and the beating has caused
severe damage to their bodies. They are still under treatment.
Ato Mehammed Chello is a member of the Central Committee of IFLO
and a member of the Council of Representatives of the
Transitional Government. 9.3.2. The Massacre At Jarso Wereda (Harerghe) IFLO has alleged that on September 5, 1993 EPRDF forces opened
fire at a gathering of peasants when the people failed to meet
their demands to produce certain wanted individuals. The result
is 26 persons killed and 12 wounded. The names of those killed
and wounded are listed below. Seven of the 26 killed are women. 9.3.2.1. Persons Killed Ato Abdurahman Abdi 9.3.2.2. Persons Wounded Mejid Adam 9.4. AAPO (All Amhara People's Organisation) The campaign of harassment against AAPO in general which
started in January, 1993 changed its form into harassment of the
members by detention and false charges. No person or a political
party is above and beyond the law. If, therefore, the members of
AAPO have committed certain crimes they should be brought to
justice through proper legal procedures. If such were the
procedure, it would have not been necessary to constantly detain
members of AAPO for investigation for weeks, and sometimes months
without trial. Professor Asrat Weldeyes, the President of AAPO,
was arrested at least twice, the last time for over 40 days, and
for different charges. He has posted bail twice and so far
nothing has been determined yet. The witnesses of the prosecution
in one of the charges testified in court that they have never
seen the person before. It is now nearly a year since the whole
affair started. How long is Professor Asrat's right to remain
suspended? Ato Hailu Shawil, the Vice President of AAPO, too, has
been summoned for investigation by the police in November 1993
and is now on bail. Colonel Ghetahun Ijigu, another official of
AAPO, was detained for the second time and is still under
detention. The Secretary General of AAPO, Major Ghetachew
Menghiste and the Head of Administration, Ato Sileshi Mulat and
many other members of AAPO are in prison without charge. The
attempt to protest against such grievances by demonstration at
Mesqel Square was prevented by Region 14's threatening
intervention. 10. Region 14's Refusal To Allow Rallies And
Demonstrations In accordance with the Charter and the Universal Declaration
of Human Rights which the Charter accepts without any condition
and in accordance with Proclamation No.3/1992, the rights of
persons to assemble peacefully and to hold demonstration are
guaranteed. The only obligation of persons organising such
meetings and demonstrations is to inform the authorities so that
law and order shall be maintained. 10.1. The Demonstration Called By AAPO AAPO had called a demonstration for July 31, 1993 at Mesqel
Square. But on July 30, Region 14 put out a notice through the
public media prohibiting the planned demonstration and warning of
severe consequences that might follow if the rally took place
against the order. The reason given was the presence of persons
who were on hunger strike in Mesqel Square. On July 31 some
persons who had not heard of the prohibition order gathered at
Mesqel Square and were dispersed by armed police. 10.2. The Demonstration Called By The Citizens Committee For
Economic Rights The Committee called a demonstration on 9 November 1993 and
was not allowed. But the Citizens Committee, nevertheless, went
ahead with its planned demonstration. At least three days before
the planned demonstration the Chairman of the Committee, Ato
Yishaq Kifle, and some other were detained. Ato Yishaq was
released after about three hours. On the day of the demonstration
Ato Yishaq and several others were again detained for at least
three days. The planned demonstration really never took place,
because the police were out in large numbers to prevent it. 11. Government Intervention In The Formation of Trade
Unions And Professional Associations Article 20 of the Universal Declaration of Human Rights which
the Charter accepts without any condition clearly states that all
persons have the right to assemble peacefully and to establish
associations. Whether at the level of the region or central
government level the attempt to influence these private
associations is becoming evident. Why was it necessary for the
government to establish a "Commission" to organise
trade unions? Why is it that this "Commission" had
problems with many trade unions? Freedom to organise means that
the workers may on their own initiative and free will organise
themselves in accordance with the law and without any
interference from the government. It is very difficult to talk of
freedom of organisation when a representative of the government
sits in the meetings of workers and even give directives to the
workers. It may be necessary to point out that the government is
still the largest employer of workers. Secondly, when workers'
leaders do not follow the desired political line they are branded
with all sorts of misdeeds and even publicly incriminated and
dismissed from their jobs, we do not see a condition for forming
free associations. Trade Unions and professional associations are
not enabled to be led by their freely elected leaders and to be
active in promoting their interests, because the leaders are
harassed, intimidated, imprisoned or dismissed from their jobs.
We shall provide a few examples below. 11.1. Aqaqi Textile And Fibre Factory Workers Union The workers in this factory have had great difficulty in
having their elected officials accepted by the government. They
still have problems of registration and are also not allowed to
join the National Confederation of Ethiopian Trade Unions. 11.2. The Workers Of The Commercial Bank Of Ethiopia On September 23, 1993 the Office of the Prime Minister gave a
statement which was broadcast over radio and television on the
workers of the Bank. It stated that some 76 of them who were
engaged in various "fraudulent" actions had been
dismissed from their work. This statement from the Prime
Minister's office is completely outside the law of the country.
First, if, as stated by the Prime Minister's office, the workers
of the bank had committed such gross crimes they should have been
charged, brought to the appropriate courts and tried. To label
them criminals before the verdict and dismiss them from their
work is to act outside the law. Second, if the Prime Minister's
office takes such radical and illegal action the workers lose any
recourse to administrative appeal. Third, to pronounce them
"criminals" without any court ruling and dismiss them
is to deny the workers even the possibility of employment outside
the bank. 11.3. The Ethiopian Teachers Association The Ethiopian Human Rights Council had already in its Fifth
Report indicated the problems encountered by the Ethiopian
Teachers Association. The obstacles created not only in the
centre but also in the regions have practically disabled the
Ethiopian Teachers Association to function normally and freely.
Even if there are differences between the members of the
Association, it would have been more appropriate to encourage
them to resolve differences freely rather than siding with one
group, as the government is now doing. The Ministry of Interior's
registration of a new Ethiopian Teachers Association when the old
one still exists is designed to complicate the problem. As a
result the two groups are now engaged in a difficult court case.
Moreover, the members of the old Association are harassed,
intimidated and imprisoned in various parts of the country. The following is a list of members of Ethiopian Teachers
Association who have been dismissed from their jobs as well as
those who are in detention. 11.3.1. Officials of ETA who have been dismissed from their
jobs 11.3.2. Members of ETA in prison in different part of the
country 12. Freedom Of The Press One of the fundamental freedoms recognised by the Charter is
freedom of the press. In this respect, with the exception of the
freedom in Addis Ababa University during the regime of Atse Haile
Sillase, the Ethiopian people have never had the experience of
the freedom of the press as now. The value and power of the
freedom of the press is to bring out into the open differences
between individuals and groups and to sharpen their ideas in a
peaceful atmosphere. The fact that in such a situation
differences come out in the open should neither surprise nor
frighten us. What we observe now is a tendency of a press law
that stifles the fundamental freedom granted by the Charter,
especially Article 19 of the Universal Declaration of Human
Rights. The press law is in direct contradiction to the Charter
which is of a higher order. As a result the members of the
private press are almost daily bombarded by the government media
and are subjected to all forms of harassment, including
detention. Like all new opportunities, freedom needs to be
cultivated in practice. The gross injustice is that the
government media seem to be immune to the press law that is used
for harassing the editors, reporters, publishers, photographers
and even the newspaper vendors of the private newspapers. 12.1. The Free Press Using the opportunity provided in the Charter numerous private
newspapers and magazines have flooded the country. There is no
doubt the people are benefiting from these newspapers. If they
did not, they would not have bought them and made the business
profitable. Ethiopians are now able to know various opinions on
different issues whether in national or international affairs.
One of the greatest services provided by the free press is that
of dispelling doubts, rumours and speculations which undermine
stability and confidence. It is helping the people to see the
truth from different angles and contributing its share to the
establishment of the democratic process. Such efforts should be
encouraged by the government instead of being stifled. The
present tendency of the government to muzzle the free press is
not going to help the goals of the Ethiopian people for the
democratic process, the rule of law and due process and for
respect of human rights. We urge that the present negative
attitude of the government toward the free press be ended. At
present the publisher and the Editor of the Tobia newspaper are
languishing in prison without being charged and convicted. The
following is a list of members of the free press who are in
prison, released on bail, and investigated and released on bail. 12.1.1. Members of the free press in prison 1. Ato Tefera Asmare - Ethiopis Ghazeta 12.1.2. Imprisoned for one to 19 days and released on bail Daniel Kifle - Ruh Ghetachew Mekonnin - Feleg Selomon Ambachew
- Salem Ghezahegn Ashagre - Tinqish Messele Hadis - Aimiro Niguse
Ayele - Lucy 12.1.3. Investigated by the police and released on bail Name Magazine/Newspaper 13. Denial Of Pension Rights Persons listed below have been denied their legal rights for
pensions. 1. Br/Gen. Selomon Kinfe - Air Force 14. Denial Of The Right To Work Article 23(1) of the Universal Declaration of Human Rights
provides every person with the right to work, to choose freely
his/her work. The recent action of the Addis Ababa region and its
police department has rendered life extremely difficult for the
weakest and poorest section of the population, small children,
young persons and old women. Most of these persons were engaged
in selling newspapers, magazines, food items and old clothing.
The police, obviously with orders from above, have been harassing
these people and confiscating their property and some of them
have even been detained. No alternative employment opportunities
have been provided for these people who are only trying to earn
literally their daily bread. We have witnessed such means of
earning a living even in the most modern cities in the most
developed and wealthy countries. 15. Persons Dismissed From Their Jobs The following persons have been dismissed from their jobs
without due process and outside all the laws governing such
dismissals.
16. Prisoners Of War The Ethiopian Human Rights Council has several times raised
the issue of prisoners of war, still held by TPLF and EPLF. We
urge the international community, especially those who are
actively interested in such humanitarian roles, to take up the
issue with the authorities concerned and provide some relief to
the families of these victims. We also appeal to the Transitional
Government to show more active interest in this matter as a
gesture of humanitarian concern for its citizens. The following
is a new list of names of prisoners of war.
17. Persons Whose Property Has Been Expropriated Article 17/2 of the Universal Declaration of Human Rights
states that no person shall arbitrarily be deprived of his
property. The persons listed below have reported that they have
been deprived of their properties arbitrarily.
17.2 Those Deprived by EPLF
18. Conclusion The Ethiopian Human Rights Council would like to remind the
authorities of the Transitional Government that the reported
violations detailed above in this Report are violations of rights
instituted in the Universal Declaration of Human Rights embodied
in the Charter and of other laws of the country. Steps must,
therefore, be taken to investigate and to take the necessary
legal action. If the Charter is the highest law of the country
and is framed to chart the process towards our objective of
democratization, the rule of law and due process, respect for
human rights, to establish democratic institutions which will
empower the people and to create favourable conditions which will
inspire confidence in people stirring them to make greater effort
to improve their standards of living, then the present course as
depicted by the violations enumerated above will not lead us to
our declared objectives. It is the responsibility of the
officials of the Transitional Government to correct these
practices. It is the function of any government to bring to
justice all violators of human rights; it cannot become a shelter
to such violators. It is the duty of all political parties and
ethnic or other organisations to give a chance to the democratic
process by recognising each other's rights to have access to the
people. We also strongly believe that to employ force is to be
anti democracy. The Ethiopian Human Rights Council has repeatedly
and consistently advocated peaceful political struggle and has
always urged all political parties to follow such policies. We
appeal to all human rights organisations, political and religious
associations as well as to governments and international agencies
who believe in the cause of human rights, the democratic process
and the rule of law to write to the following officials of the
Transitional Government and to influence them to take corrective
actions.
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