Abstract the theme of the thesis is to analyze the ethiopian anti terrorism proclamations stipulation that criminalizes speech that encourages terrorism in light of the right to freedom of expression as envisaged in the constitution of the federal democratic republic of ethiopia and the international covenant on civil and political rights. Continental efforts in preventing and combating terrorism have a long history. Review of the legal and institutional framework for market. While legitimate antiterrorism laws have been enacted in a number of countries, these critics of ethiopias. Awardwinning blogger eskinder nega got an 18year term. This is the conclusion reached by the united nations, the worlds leading democracies, international human rights organizations, and numerous other groups. Anticompetitive agreements, concerted practices and decisions.
Ethiopia uses antiterror laws to silence critical journalists. External dimension of the eu counterterrorism policy ester herlin. Ethiopian prosecutors have today formally charged six members of the blog zone9 and three independent journalists detained nearly three months ago. Addis ababa, may 14, 2012 there is no proclamation in ethiopia as much controversial and famous as the antiterrorism law. Even though the proclamation was intended to provide adequate legal. Frey and luchinger 2005 and frey, luchinger et al 2004, 2006 combine. Ethiopia formally charges bloggers, journalists with. For the purpose of this proclamation, unless defined otherwise in this proclamation, terms used herein shall have the meaning as defined in the valueadded tax proclamation no. Aug 30, 20 ethiopias antiterrorism proclamation and the right to freedom of expression posted. Abstract the theme of the thesis is to analyze the ethiopian anti terrorism proclamation s stipulation that criminalizes speech that encourages terrorism in light of the right to freedom of expression as envisaged in the constitution of the federal democratic republic of ethiopia and the international covenant on civil and political rights. Proscription of encouragement of terrorism in ethiopia. A prominent ethiopian political opposition member sits in prison on charges of terrorism. The impact of ethiopias antiterrorism law on freedom of expression conference paper pdf available in ssrn electronic journal may 2017 with 4,203 reads how we measure reads.
The detainees had been charged with crimes under the anti terrorism proclamation and the criminal code. Individuals who desire to establish a political party by rallying around a common political objective must have a memorandum of association in which they declare the establishment of the type of. This legislation adopts an overly ambiguous definition of terroristacts that encompasses a range of nonthreatening expressive conduct, as well as offences related to the encouraging of such. Political marginalization, arbitrary arrests, beatings, murders. In the third highprofile terrorism verdict in the past six months, eskinder nega fenta, an independent journalist and blogger, was one of six journalists convicted under the antiterrorism proclamation of 2009. Many dissidents fall into its trap and by day its effect is becoming more farreaching and resonating. The report examines how the law, enacted in 2009, is a tool of repression, designed and used by the ethiopian government to silence its critics.
The court convicted these individuals last month under provisions of the 2009 antiterrorism law antiterrorism proclamation, proclamation no. Terrorism by antiterrorism law lately, meles zenawi, the dictator in ethiopia, has been rounding up dissidents, journalists, opposition party political leaders and members under a diktat known as antiterrorism proclamation no. But first it will tell the stories of just a small number of those unjustly targeted by the law. Jan 20, 2011 a proclamation on anti terrorism proclamation no. The paper assesses ethiopias antiterrorism proclamation and argues that, not only is the definition of terrorism problematic, but also the implementation of the law continues from the weak ends of the law, and makes the ethiopian situation rife for the violation of the right of thought, opinion and expression. Analysis of ethiopias draft antiterrorism proclamation. Soliana shimelis, the seventh defendant of the group zone9 is charged in absentia, according to a local bi weekly, the reporter. This proclamation may be cited as the turnover tax proclamation no. Analysis of ethiopias draft antiterrorism law human. The 2009 charities and societies proclamation as a.
This article examines ethiopias competition and consumer protection laws, and focusses on merger regulation. This was the latest in a series of repressive actions by the ethiopian government against journalists taken under the sweeping anti terrorism proclamation of 2009. On wednesday 17 july 20, members of the european parliaments subcommittee on human rights visited ethiopia and urged the government to release journalists and opposition activists imprisoned under the countrys anti. Since the 911, 2001 terrorist attacks in the us, terrorism has been a preeminent concern of the international community, both with regard. Ever since its promulgation in august 2009, ethiopia s anti terrorism proclamation has been a subject of criticisms from western activists. Two young ethiopian journalists, woubishet taye, deputy editor of awramba times, and reyot alemu, a columnist of fetih newspaper, have been facing terrorism charges under the controversial antiterrorism proclamation no.
An examination of ethiopias anti terrorism proclamation. The antiterrorism proclamation 2009 has been used extensively to imprison government critics on the pretence of protecting national security. Addis ababa han january 29, 2016 public diplomacy and regional stability initiatives news. January 24, 2017 ethiopian law by daniel fikadu leave a comment. Since its enactment on july 2009, ethiopias antiterrorism proclamation is at the very center of every political discourse in the almost nation. Whereas, terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at large. We recently condemned the application of the anti terrorism proclamation. The proclamation was adopted on 7 july 2009 and came into force upon its publication in the federal negarit gazeta of the federal. Copy of the proclamation is attached to this comment, see appendix 1.
From march 2011 to december 2011 at least 108 opposition party members and six journalists were arrested in ethiopia for alleged involvement with various proscribed terrorist groups. By sasahulh yalew, lecturer in law tigrai online, october 14, 20. A tool to stifle dissent, authored by lawyers from leading international law firms, provides an indepth and damning analysis of ethiopias antiterrorism proclamation. Ethiopia should reform its antiterrorism law and release prisoners. Antiterrorism legislation further restricts ethiopian press. It confirms that the law is designed and used by the ethiopian government as a tool of.
Time to repeal antiterrorism law in ethiopia inter press. In 1992, the organization of african unity oau, meeting at its 28th ordinary session, held in dakar, senegal, adopted a resolution on the strengthening of cooperation and coordination among african states ahgres. A tool to stifle dissent, by the oakland institute and the environmental defender law center, authored by lawyers including representatives from leading international law firms, unravels the 2009 proclamation. This violence in the name of delivering economic growth is built on the 2009 antiterrorism proclamation, which has allowed the ethiopian government secure complete hegemonic authority by. New antiterrorism proclamation jeopardizes freedom. Ethiopian federal high court convicted two swedish journalists on. Federal ethics and anticorruption commission of ethiopia. The draft law is due for consideration in the council of ministers, and may be tabled in the ethiopian parliament in march 2009. African commission on human and peoples rights, antiterrorism, antiterrorism proclamation, article 19 of the iccpr. Ethiopia media freedoms a case study from the 2014 human rights and democracy report. This paper analyses ethiopia s draft anti terrorism proclamation the draft proclamation and assesses to what extent the proposed law on its face conforms to international human rights. Ethiopian parliament ethiopia pdf consulted on 20101104 abstractcitation. In principle, the antiterrorism proclamation and the existing criminal code have high requirements for government prosecutors to prove intent in charges against the press, according to legal experts and cpj analysis.
Amnesty international, human rights watch, committee to protect journalists cpj, all have openly criticized ethiopia for adopting the antiterrorism proclamation. The law proclaimed in 2009 with an objective of fighting terrorism in the country has remained to be divisive and a topic of political and. The charities and societies proclamation, antiterrorism and mass media laws, for example, do not appear aligned with relevant international legal norms and should be reformed. Ethiopias highly controversial antiterrorism law, proclamation no. This global legal monitor article by hanibal goitom covering human rights and civil liberties was published on july 17, 2012 for ethiopia. Ethiopia also promulgated the antiterrorism proclamation in 2009, which also restricts ethiopians ability to criticise their government, and limits the level of scrutiny and oversight to which the government is subjected. The broad provisions of the antiterrorism proclamation allow the authorities to criminalize the exercise of freedom of expression. Amnesty international, human rights watch, committee to protect journalists cpj, all have openly criticized ethiopia for adopting the anti terrorism proclamation. Ethiopias antiterrorism proclamation and the right to. Short title this proclamation may be cited as the turnover tax proclamation no. The law defines acts of terrorism as including damage to property and disruption to any public service, for which an individual could be.
For optimal readability, we highly recommend downloading the document pdf, which you can do below. This paper analyses ethiopias draft antiterrorism proclamation the draft proclamation and assesses to what extent the proposed law on its. Ethiopias antiterrorism proclamation and the right to freedom of expression. In principle, the anti terrorism proclamation and the existing criminal code have high requirements for government prosecutors to prove intent in charges against the press, according to legal experts and cpj analysis. The main objective of the study is to develop a position paper for the. Whereas, the right of the people to live in peace, freedom and security has to be protected, at all times, from the threat of terrorism. Part one general part two terrorism and related crimes part three preventive and investigative measures part four evidentiary and procedural rules part five measures to control terrorist organizations and property part six institutions that followup. The ethiopian government has used the antiterrorism proclamation to jail journalists and opposition party members for peacefully exercising their freedoms of expression and association. Ever since its promulgation in august 2009, ethiopias antiterrorism proclamation has been a subject of criticisms from western activists. The 20 edition of the human rights and democracy report of the government of the united kingdom uk severely criticized the government of ethiopia for its application of its anti terrorism proclamation and the charities and societies proclamation, which hampers the activity of the opposition camp of the country. Ethiopian legal information portal find laws, cases. A person commits an offense under this provision if she. Since 2008, the government of ethiopia has implemented a proselytization project aimed at establishing ahbash as the one statesanctioned sect of islam. If the authorities have credible evidence against any of these journalists, let them present it publicly.
Article 19 has extensive experience of working on freedom of expression and information issues in ethiopia. The conformity of ethiopian anti terrorism proclamation with. Whereas, money laundering and the financing of terrorism as it not only threaten security, but also compromise the stability, transparency, soundness and efficiency of the financial system. International and regional reaction to the human rights situation. African commission on human and peoples rights, antiterrorism, antiterrorism proclamation, article 19 of the iccpr, convention on the prevention and combating of terrorism, eskinder nega, ethiopia, european parliament, human.
Mar 15, 2020 a proclamation on antiterrorism proclamation no. Comment on ethiopian antiterrorism proclamation article 19, london. The 20 edition of the human rights and democracy report of the government of the united kingdom uk severely criticized the government of ethiopia for its application of its antiterrorism proclamation and the charities and societies proclamation, which hampers the activity of the opposition camp of the country. To correct these problems, and respond to its liberalizing economy, the ethiopian government enacted the trade practice and consumer protection proclamation in 2010. Since the 911, 2001 terrorist attacks in the us, terrorism has been a preeminent concern of the international community, both with regard to its impact on human rights and how to confront it. This diktat approved on a 28691 vote of the rubberstamp parliament is so arbitrary and. Based on earlier drafts of the law previously made available to amnesty international, acts of terrorism are vaguely defined and could encompass the legitimate expression of political dissent. Antiterrorism legislation further restricts ethiopian.
A survey on the economics of security with particular focus on the. Ethiopian legal information portal find laws, cases, legal. The government of ethiopia routinely uses its vague and overly broad antiterrorism law to stifle freedom of expression and. The identity of those suspected for terrorism and arrested based on the law also gave this institutions a reason to take ethiopia a regular destination for their condemnations. Regions have, therefore, a constitutional right to establish their own anticorruption institutions which are independent from the federal government.
Pdf the purpose of this study is to assess the effectiveness of the oau convention in preventing and combating terrorism africa. With the african union celebrating the african year of human rights at its 26th summit, at its headquarters in addis, ethiopia, the venue raises serious concerns about commitment to human rights. One of them, for example, makes encouragement of terrorism an offense punishable with imprisonment of up to 20 years. The african union counter terrorism framework african. Whereas, terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at. Amnesty international believes that at least 108 journalists and opposition members were arrested in 2011 primarily because of their legitimate and.
A major concern articulated about the antiterrorism law is the vague nature of its provisions. Ethiopias antiterrorism proclamation was introduced in 2009. Whereas, it has been found necessary to have a system, that enables to protect. Time to repeal antiterrorism law in ethiopia inter. African commission on human and peoples rights, antiterrorism, antiterrorism proclamation, article 19 of the iccpr, convention on the prevention and combating of terrorism, eskinder nega, ethiopia, european parliament. Pdf the impact of ethiopias antiterrorism law on freedom. However, the federal ethics and anticorruption commission of ethiopia is responsible for preparing a national report on anticorruption efforts across the country. An analysis of ethiopias draft antiterrorism law human rights. This paper analyses ethiopias draft antiterrorism proclamation the draft proclamation and assesses to what extent the proposed law on its face conforms to international human rights standards. An examination of ethiopias anti terrorism proclamation on. This practice raises serious concerns about the extent to which ethiopians can rely upon their constitutionally guaranteed rights to afford the protection that is a fundamental element of a democratic society. The proclamation was adopted on 7 july 2009 and came into force upon its publication in the federal negarit gazeta of the federal democratic republic of ethiopia official gazette 15th year no. The proclamation also extends aspects of the anti terrorism proclamation and the criminal code to electronic communications. Ethiopias antiterrorism proclamation and the right to freedom of expression posted.
Ethiopia enacted proclamation 6522009 antiterror statute, in august 2009, to. Aug 30, 20 ethiopias antiterrorism proclamation and the right to freedom of expression. On wednesday 17 july 20, members of the european parliaments subcommittee on human rights visited ethiopia and urged the government to release journalists and opposition activists imprisoned under the countrys antiterrorism proclamation no. Ethiopian antiterrorism law archives ethiopian legal brief. The enactment of this law is partly to respond to the security council resolution no 1456, which calls upon states to enact anti terrorism laws, which specifically.
829 79 1395 231 1249 605 622 697 520 749 1097 1449 583 1125 854 960 1007 1481 767 838 83 1128 751 470 810 805 13 1387 1082