turned up for the interactive sessions confirmed the CSAR report that ‘In contrast
to the era prior to 1991, the promotion and protection of human rights in the
country has, in the last decade, improved considerably following the ascendancy
to power of the EPRDF.’
177.
Nevertheless, despite the commitment to the observance and promotion of
human rights, Ethiopia is faced with challenges. As noted earlier in the Summary
of the CSAR, the CSAR was informed that there were crackdowns on protesters
and dissenters, leading to numerous arrests and detentions after the disputed
Parliamentary elections of 2005. Some detentions were admittedly arbitrary.
Furthermore, the CRM received information about other human rights violations
linked to internal conflicts in the Ogaden area particularly, in 2007, and to the
local elections in 2008.
178.
The Ethiopian Constitution, in line with international human rights instruments,
makes provision for derogations to fundamental rights and freedoms in
appropriate circumstances. The law authorizing such derogations, however,
ought not to render the protected right nugatory. Unfortunately, laws governing
the media appear to have had that effect on the freedom of expression protected
under Article 29 of the Constitution. Journalists, editors and publishers report
harassment and prosecution for alleged violations of press laws, so that many
are obliged to routinely practice self-censorship. During the interactive sessions,
opposition political party leaders complained that out of fear, the media go to the
extent of distorting their public statements. Similarly, under the laws regulating
public meetings, opposition political parties are denied their rights to freedom of
assembly guaranteed under Article 30 because the authorities refuse to issue
the requisite permits.
Access to Justice
179.
The Ethiopian Constitution guarantees all citizens equality before the law and
access to justice. Article 25 provides, inter alia, that all persons are entitled,
without discrimination, to the equal and effective protection of the law. Article 37
provides that everyone has the right to bring a justiciable matter to, and to obtain
a decision by, a court of law. In criminal trials, an accused person is entitled to
representation by a counsel of his choice and if unable to pay, shall be provided
with legal representation at state expense. The international instruments to
which Ethiopia is party and which, therefore, are integral parts of Ethiopian
law, recognise these rights. However, the CRM learnt that these rights are not
always upheld in practice. During interactive sessions, the CRM was informed
that although there is no legal prohibition, in Ethiopia it is virtually unknown for
a victim of human rights violations by government servants or agents to secure
reparations from Government by civil suit or otherwise. However, there are
- 93 -