Alleged violation of Article 1 of the Charter (The States obligation to uphold
the rights guaranteed by the Charter and undertake necessary measures to
adopt legislative or other measures to give effect to them)
142.
The Complainants submit that as a State Party to the Charter,
Ethiopia is obligated to uphold the fundamental rights enshrined in the
Charter. They contend that in relation to public participation, the
Respondent State has a duty to take adequate measures to ensure that
all eligible individuals can exercise their right to vote.
143.
Furthermore, the Complainants assert that under Article 13 of the
Charter, States are obligated to fulfill specific requirements, including
safeguarding and implementing relevant rights such as the right to
freedom of opinion, expression, access to information, and the right to
peaceful assembly and association.
144.
The Complainants aver that national legal frameworks should
protect these rights and ensure the independence, pluralism, and
support of civil society actors. However, the Complainants allege that
throughout the period leading up to the 2015 election, the Ethiopian
Government failed to guarantee citizens' fundamental rights to freedom
of expression, assembly, association, and participation in public affairs.
Consequently, they argue that this failure resulted in a violation of Article
1 of the Charter, which obligates States to uphold the rights guaranteed
by the Charter and undertake necessary measures to adopt legislative or
other measures to give effect to them.
Respondent State’s submissions on the Merits
145.
The Respondent State argues that the Government has taken steps
to protect and uphold the rights, freedoms, and duties outlined in the
Charter, such as freedom of expression, assembly, association, and the
right to participate in public affairs. They mention that the country's
Constitution guarantees these rights, and additional laws have been
enacted to safeguard human rights in accordance with the Charter.
146.
The Respondent State further submits that the Government has
also established various institutions, including the Courts, Police, Prison
Administration, House of Federation, Council of Constitutional Inquiry,
Ethiopian Human Rights Commission, and the Institution of
Ombudsman, to ensure the protection and promotion of human rights
as stated in the Charter.
~ 27 ~
African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/