Posts Tagged ‘state of emergency’

NGOs jointly address (again) the human rights crisis in Ethiopia

May 26, 2017

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They draw attention to persistent and grave violations of human rights in Ethiopia and the pressing need to support the establishment of an independent, impartial and international investigation into atrocities committed by security forces to suppress peaceful protests and independent dissent. And they ask countries to prioritise and address through joint statements the ongoing human rights crisis in Ethiopia at the upcoming UN Human Rights Council from 6 – 23 June 2017. [for last year’s call see: https://humanrightsdefenders.blog/2016/09/09/un-human-rights-council-urged-to-address-situation-in-ethiopia/]

In the wake of unprecedented, mass protests that erupted in November 2015 in Oromia, Amhara, and the Southern Nations Nationalities and Peoples (SNNPR) regional states, Ethiopian authorities routinely responded to legitimate and largely peaceful expressions of dissent with excessive and unnecessary force. As a result, over 800 protesters have been killed, thousands of political activists, human rights defenders, journalists and protesters have been arrested, and in October 2016, the Ethiopian Government declared a six-month nationwide State of Emergency, that was extended for an additional four months on 30 March 2017 after some restrictions were lifted.

The State of Emergency directives give sweeping powers to a Command Post, which has been appointed by the House of People’s Representatives to enforce the decree, including the suspension of fundamental and non-derogable rights protected by the Ethiopian Constitution, the African Charter on Human and Peoples’ Rights, and other international human rights treaties to which Ethiopia is party. More information on the human rights violations occurring under the current State of Emergency is included in the Annex at the end of this letter.

Lack of independent investigations

Few effective avenues to pursue accountability for abuses exist in Ethiopia, given the lack of independence of the judiciary – the ruling EPRDF coalition and allied parties control all 547 seats in Parliament.

Ethiopia’s National Human Rights Commission, which has a mandate to investigate rights violations, concluded in its June 2016 oral report to Parliament that the lethal force used by security forces in Oromia was proportionate to the risk they faced from the protesters. The written Amharic version of the report was only recently made public, and there are long-standing concerns about the impartiality and research methodology of the Commission. On 18 April 2017, the Commission submitted its second oral report to Parliament on the protests, which found that 669 people were killed, including 63 members of the security forces, and concluded that security forces had taken “proportionate measures in most areas.” Both reports are in stark contrast with the findings of other national and international organisations, including Amnesty International and Human Rights Watch. The Global Alliance of National Human Rights Institutions has rated the Commission as B, meaning the latter has failed to meet fully the Paris Principles.

Refusal to cooperate with regional and international mechanisms

In response to the recent crackdown, the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, has called for “access for independent observers to the country to assess the human rights situation”, and recently renewed his call for access to the country during a visit to the capital, Addis Ababa. Ethiopia’s government, however, has rejected the call, citing its own investigation conducted by its Commission. UN Special Procedures have also made similar calls.

In November 2016, the African Commission on Human and Peoples Rights adopted a resolution calling for an international, independent, and impartial investigation into allegations of the use of excessive and unnecessary lethal force by security forces to disperse and suppress peaceful protests. Recent European parliament and US Congressional resolutions have also called for independent investigations. The Ethiopian embassy in Belgium dismissed the European Parliament’s resolution citing its own Commission’s investigations into the protests.

As a member of the UN HRC, Ethiopia has an obligation to “uphold the highest standards” of human rights, and “fully cooperate” with the Council and its mechanisms (GA Resolution 60/251, OP 9), yet there are outstanding requests for access from Special Procedures, including from the special rapporteurs on torture, freedom of opinion and expression, and peaceful assembly, among others.

The letter urges Ethiopia to:

  1. urgently allow access to an international, thorough, independent, impartial and transparent investigation into all of the deaths resulting from alleged excessive use of force by the security forces, and other violations of human rights in the context of the protests;
  2. respond favourably to country visit requests by UN Special Procedures,
  3. immediately and unconditionally release journalists, human rights defenders, political opposition leaders and members as well as protesters arbitrarily detained during and in the aftermath of the protests;
  4. ensure that those responsible for human rights violations are prosecuted in proceedings which comply with international law and standards on fair trials; and
  5. fully comply with its international legal obligations and commitments including under the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and its own Constitution.

Download PDF (401.12 KB)

The Ethiopian Zone 9 bloggers were finalists for the 2016 MEA, see: https://humanrightsdefenders.blog/2016/10/15/martin-ennals-award-2016-relive-the-ceremony-in-13-minutes-or-in-full/ 

Source: Joint NGO Letter Addressing the Pervasive Human Rights Crisis in Ethiopia – Ethiopia | ReliefWeb

UN rapporteurs urge France to protect fundamental freedoms while combatting terrorism

January 20, 2016

A group of five United Nations human rights experts have joined the debate in France on security. Yesterday, 19 January it warned that the current state of emergency in France and the country’s law on surveillance of electronic communications impose excessive and disproportionate restrictions on fundamental freedoms.

UN SG Ban Ki-moon pays tribute to the victims of the terrorist attacks in Paris on 13 November. 6 December 2015. UN Photo/Eskinder Debebe
As France debates the strengthening of measures in the fight against terrorism, and considers a reform of the criminal procedure, we call on the authorities to revise the provisions and possible reforms adopted to that end, to ensure they comply with international human rights law,” the UN experts said in a press statement.

In a list of concerns to the French Government, the independent experts stressed a lack of clarity and precision on provisions regarding several state of emergency and surveillance laws that relate to the legitimate rights of privacy and freedoms – of expression, peaceful assembly and association.

To guarantee the rule of law and prevent arbitrary procedures, the experts recommended the adoption of prior judicial controls over anti-terrorism measures. Since the recent terrorist attacks in France, the state of emergency law in force, which temporarily expands the executive powers in the fight against terrorism, only allows judicial review a posteriori.

The UN experts also noted that the November 2015 law on surveillance of international electronic communications expands the executive power over the collection, analysis and storage of communications content or metadata – without requiring prior authorization or judicial review.

The UN experts also expressed alarm that environmental activists in France have been under house arrest in connection with the state of emergency invoked following the November attacks. “These measures do not seem to adjust to the fundamental principles of necessity and proportionality,” they said, highlighting the risks faced by fundamental freedoms in the fight against terrorism.

Calling on France not to extend the state of emergency beyond 26 February 2016, they said, that: “While exceptional measures may be required under exceptional circumstances, this does not relieve the authorities from demonstrating that these are applied solely for the purposes for which they were prescribed, and are directly related to the specific objective that inspired them.”

The independent experts – David Kaye, Special Rapporteur on freedom of opinion and expression; Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Michel Forst, Special Rapporteur on the situation of human rights defenders; Ben Emmerson, Special Rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism; and Joseph Cannataci, Special Rapporteur on the right to privacy – expressed their solidarity and deepest sympathy to the victims of the terrorist attacks committed in France and many other places in the world.

Source: United Nations News Centre – UN experts urge France to protect fundamental freedoms while combatting terrorism