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/

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