189.
Based on the above statement, the Commission notes that the
Respondent State acknowledges the existence of a situation where,
before the 2018 political reform, journalists and bloggers were subject to
imprisonment. Additionally, Media outlets were compelled to cease their
operations by utilizing the Anti-Terrorism and Mass Media
Proclamations, which both the Complainants and the Respondent State
characterized as suppressive.
190.
The Commission recognizes the importance of the press and media
as platforms for journalists and bloggers to express their opinions freely
and provide the community with valuable information and criticism
regarding all aspects of public, political, social, and economic activities.
This, in turn, contributes significantly to the shaping of public opinion.
In this regard, in Article 19 v Eritrea, the Commission underscored
that “the imprisonment of journalists deprives not only the journalists of
their rights to express and disseminate their opinions freely, but also the
public, of the right to information.”57
191.
After thoroughly examining the arguments presented by the
Parties and considering the Respondent State's acknowledgment of the
arrest of Journalists and Bloggers under the Anti-Terrorism and Mass
Media laws, as well as the reopening of media outlets previously blocked
due to their political content, the Commission concludes that the
Respondent State violated Article 9 of the Charter before and after the
2015 elections.
Article 10 of the Charter (The Right to Freedom of Association)
192.
Article 10 of the Charter states, “Every individual shall have the
right to free association provided that he abides by the law.”
193.
The Complainants allege that the Respondent State specifically
targeted opposition groups during the 2015 elections, resulting in
arrests, injuries, and deaths. They argue that this targeted suppression
of opposition leaders and their critical views against the Government
violates citizens' rights to freedom of association, which violates Article
10 of the Charter.
194.
On the other hand, the Respondent State avers that freedom of
association is protected by Article 31 of the Constitution of Ethiopia,
allowing individuals to form organizations for any cause or purpose,
except those that violate laws or subvert the constitutional order.
57
n 29 above, para 106.
~ 37 ~
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/