violation of the African Charter as the internal manifestation or the choice of religion
was by definition not subject to limitation.
152. The Complainants submitted that while the imposition or/and prohibition of any
religion or sect was by itself a violation of the African Charter and cannot be justified
by its prescription by law, the Respondent State's action had not been
prescribed/ established by domestic law. According to the Complainants, in fact these
acts were being undertaken in contravention of the country's Constitution which
provides that:
State and religion are separate. There shall be no state religion .... The state shall not interfere
in religious matters and religion shall not interfere in state nffairs.36
153. The Complainant also pointed out that the Respondent State had been targeting
members of the "Salafis/Wahabis" and the "Ikhwans" (Muslim Brotherhood
movements). But however that the Respondent State's actions were not prescribed by
law in so far as the Government of Ethiopia had passed no law declaring these
movements to illegal. The Complainants also submitted that the Respondent State did
not proscribe any religious sect or organization as a terrorist group according to Article
25 of the Anti-Terrorism Proclamation No. 652/2009. Therefore, the Respondent State
acted outside of domestic, regional and international law and did not have any legal
justification for the proscription of these sects.
154. According to the Complainants, the total effect of the Respondent State's misapplication
of the Anti-Terrorism Proclamation No. 652/2009 had been to destroy and impair the
Complainants' right to freedom of association. In this regard the Complainants
submitted that the Respondent State had violated the associative aspect of the freedom
of religion by:
(i)
Forcing the community to come together under the single leadership of the MajIis
against its own wishes;
(ii) Giving the Majlis the power to decide whether a new Muslim/ Islamic
organization should be formed and giving it power to have organizations
dissolved;
(iii) Giving the MajIis complete control over the nomination and expulsion of Mosque
Imans and school teachers although the Majlis is a mere a private association;
(iv) Giving the Majlis complete over the authorization of preaching and
proselytization, informal gatherings, and the building of Mosques and Schools;
(v) Interfering in the affairs of the Majlis by stage- managing who is elected to and
runs the institution and expelling those with the Respondent State; and
(vi) Shifting down organization that attempt to work independently of the MajIis.
Alleged violation of Freedom of Expression (Article 9(2) of the African Charter)
"
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155. Again after making lengthy submissions on the alleged violation of Ar ~le 9(2) of the
African Charter the Complainants concluded that the Respondent Sta .tio!ated their
I0
36
Article 11 of the FDRE Constitution.
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