other Muslims, who declared Jihad against the Government and advocated for the
establishment of an Islamic state in Ethiopia.
Complainants' allegation of a violation of the Complainants' rights under Articles 5, 6, 7,
8,9,10 and 16 of the African Charter
205 The Respondent State's observations in response to the submissions
Complainants can be summarized into three heads, namely:
(i)
of the
Article 8 of the African Charter (Freedom of Religion) and Article 9 of the African
Charter (Freedom of Expression);
(ii) Articles 5, 6, 7 and 16 of the African Charter; and
(iii) Article 10 of the African Charter (freedom of association) and Article 11 (right to
freely assemble).
206. In response to the Complainants' claims that Articles 8 and 9 of the African Charter
have been violated, the Respondent State submitted that each of the allegations of the
Complainants with regards the Respondent State's supposed infringement of the right
to the free practice of religion and the freedom of expression were either factually wrong
or fail to show a violation of the African Charter.
207.
First, the Respondent State submitted that the claim that Government "forcled] the
community
to come together under the single leadership of the Majlis against its own wishes"
was plain wrong. The Respondent State's effort to end violence among the Muslim
Community and to discourage adherents of the faith from espousing discourse that calls
for violence by conducting training sessions on tolerance and constitutional clauses of
secularism is not a violation of the freedom of religion. Second, the claim that the
Respondent State gave the Mujlis "the power to decide whether a new Muslim/Islamic
organization should beformed and giving it power to have organizations dissolved" was without
factual basis. Third, the Majlis does not have "complete control" over the nomination and
expulsion of Imams and schoolteachers. Fourth, the Majlis has never been given
"complete" or any other power to authorise preaching and proselytization, gatherings,
and building of mosques and schools. Fifth, the Respondent State does not interfere in
the affairs of the Majilis by "stage-managing" its elections and by expelling those leaders
with who it was "unhappy."
208. In this regard, the Respondent State requests the Commission to dismiss the
Complainants' allegations of the violation of Article 8 of the African Charter. According
to the Respondent State, even if the Complainants allegations that the Respondent
State's policies favour one theological approach to Islam over another were true, there
was nothing in the African Charter which prohibited a Government from promoting a
certain theological approach over another so long as its policies did not infringe on the
freedom of conscience and the profession and practice of religion. The Respondent State
called in aid Doebler v Sudans"