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 -

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