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of collected information, and usage for the intended purpose must be followed. 152. The Respondent State disputes the Complainants’ assertion that the report of the African Union Electoral Observer Mission regarding the Elections was inaccurate, arguing that the Report encompasses the preelection period and the election days. Alleged violation of Article 10 of the Charter (The right to Freedom of Association) 153. Concerning the alleged violation of Article 10 of the Charter, the Respondent State asserts that freedom of association is protected by Article 31 of the Constitution, allowing individuals to form organizations for any cause or purpose, except those that violate laws or subvert the constitutional order. 154. The Respondent State submits that during the 2015 elections, over 58 political parties participated, with 22 being local parties and the others regional. They add that the arrest and detention of Mr. Andargachew Tsege were unrelated to the election but were due to his involvement as a founder and leader of "Ginbot Sebat," a group labeled as a terrorist organization, which had military forces in Eritrea and aimed to overthrow the Government through violence. 155. Regarding the arrest of opposition party candidates in violation of candidate immunity, the Respondent submits that the Complainants only refer to complaints made by the Ethiopian Federal Democratic Unity/Forum/ Party to the National Electoral Board of Ethiopia (NEBE) in which all complaints by the party were received, investigated, and responded to by the NEBE through its regional branches. 156. The Respondent also states that the allegation regarding the deaths of opposition party members is not insufficiently supported with evidence that can show the linkage of these deaths to violations of freedom of association. The Respondent State further contends that the Government conducted investigations to bring the perpetrators to justice, resulting in the sentencing of suspects involved in Mr. Samuel Awoke's death to 20 and 21 years of imprisonment at the Amhara Regional State Bahir Dar High Court, with another suspect receiving a 19-year sentence at the East Gojjamn High Court. Alleged violation of Article 11 of the Charter (The right to Freedom of Assembly) ~ 29 ~ 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/

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Communication 599/16 Robert F. Kennedy Human Rights and Institute for Human Rights and Development in Africa v the Federal Democratic Republic of Ethiopia

ACHPR Decision

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Type of Document

Decision

Keywords

Elections / Referendums
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Participation in Government
Right to Information

Case Head Notes: The complainants allege that, prior to the 2015 elections, the Respondent State violated their right to participate in public affairs. The Complainants state that civil society, opposition groups, journalists, human rights defenders, and Ethiopians generally, were unable to express opinions critical of the ruling party. The Commission ruled that there was a violation of Article 9 because there was no clear explanation provided of why the arrest of journalists was necessary to protect the public from incitement of violence and hate speech. And further, because the arrest of journalists also deprived the public of their right to information. The Commission found a violation of Article 10 because the Respondent State did not take reasonable and appropriate measures to ensure that people other than those belonging to the ruling party were free to form associations. The Commission found a violation of Article 11 because, while laws exist in the Respondent State to protect freedom of expression and assembly, measures taken by the Respondent State during the 2015 elections curtailed freedom of expression and assembly. They note that suppression of demonstrations, including use of force, and arrest and detention of people participating in such demonstrations violates Article 11. The Commission found a violation of Article 13, noting the correlation between freedom of expression, access to information and the free participation in government. They state that actions that undermine the free choice of voters amount to a violation of Article 13. They also stress that it is not sufficient for the Respondent State to have laws in place which guarantee free participation in government; the laws must be effectively implemented. On account of the other violations, the Commission also found a violation of Article 1. The Commission called on the Respondent State to continue reforming national laws, implement amended laws resulting from the 2018 political reforms, and to report, within 180 days, on the measures taken to implement the recommendations.

Country

Ethiopia

Outcome: Decided on Merits

Year Decided: Nov 9, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 13.1: Right to participate freely in government

Rights Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 13.1: Right to participate freely in government

Duration of Procedure

Feb 4, 2016 ~ Nov 9, 2023

Country Geolocation

Latitude: 9.145000000000001

Longitude: 40.489673

Country Geolocation (linked ACHPR Decision): Ethiopia

Primary Documents

Robert F Kennedy Human Rights and Institute for Human Rights in Africa v the Federal Democratic Republic of Ethiopia.pdf
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African Human Rights CLA 2.0

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Communication 599/16 Robert F. Kennedy Human Rights and Institute for Human Rights and Development in Africa v the Federal Democratic Republic of Ethiopia

Primary Documents

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