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TITLE: ETHIOPIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
ETHIOPIA
After a lengthy civil war, the Ethiopian People's Revolutionary
Democratic Front (EPRDF) took power in 1991 and, together with
other groups active in the anti-Mengistu struggle, adopted the
National Charter which established the Transitional Government
of Ethiopia (TGE). The TGE, headed by President Meles Zenawi,
has been responsible for overseeing the transition to
multiparty democracy. The Council of Representatives, the
interim quasi-legislature, is controlled by the four
constituent parties of the EPRDF. The EPRDF and by extension
the TGE are dominated by the Tigray People's Liberation Front
(TPLF). The ascendance of Tigrayans and a policy of promoting
ethnic identity and regionalism have engendered animosity from
Amharas, who have traditionally held centralized power in
Ethiopia.
The TGE continued to implement its planned devolution of
authority to regional governments. In June the TGE held
elections for the 548-seat Constituent Assembly, the body
responsible for approving the new Constitution which was
ratified on December 8 and replaced the interim National
Charter. The Constitution is the basis for parliamentary
elections that are scheduled to be held in on May 7, 1995. All
major opposition parties boycotted the June Constituent
Assembly elections, charging TGE manipulation of the political
process. The new Constitution promotes a multiparty system and
limits the role of the future central government to the
preservation of the Constitution, defense, and foreign policy.
Ratification of the Constitution represented an important step
in the TGE's democratization program, which--despite
imperfections--has provided Ethiopian citizens with greater
political freedoms than at any time in the nation's history.
Until the reestablishment and deployment of police forces in
mid-1994, the EPRDF military wing served as both the national
armed forces and an internal security force. During 1994 the
TGE continued to demobilize TPLF soldiers, integrating some
into new local and regional police forces, which were
increasingly responsible for law and order. The December
decision of the Fourth TPLF Congress to ban TPLF military
commanders from party membership was a step toward the
establishment of a representative, nonpolitical national army.
The military continued low-level operations to counter the
actions of Oromo Liberation Front (OLF) and Islamic
fundamentalist movements, especially in the Oromo and Somali
regions where periodic clashes with insurgent and bandit groups
occurred.
The economy is based on smallholder agriculture, with more than
85 percent of the population living in rural areas in very poor
conditions. Coffee accounts for about 60 percent of export
revenue. The TGE continued to implement an internationally
supported economic reform program designed to liberalize the
country's economy and bring government expenditures into
balance.
The Government was consistent and forceful in its verbal
commitment to respect human rights, but serious problems
remain. The judicial system remains weak, understaffed, and at
times subject to political influence. There were credible
reports that members of the security forces committed a number
of extrajudicial killings and beat or otherwise physically
abused criminal suspects and detainees, although these
practices do not appear to be widespread. The Government
seldom tried, convicted, and appropriately punished security
force members and police who committed such abuses. The
Government harassed and detained without charge numerous
journalists and a number of opposition party members, holding
some for as long as several months. In September the
authorities arrested approximately 500 members of the
All-Amhara People's Organization (AAPO) on charges of unlawful
assembly. Numerous reports alleged that EPRDF forces,
opposition separatists, and Islamic militias all committed
humanitarian violations, including the summary execution of
civilians, in continued clashes in the eastern parts of the
country. The TGE's sometimes heavyhanded tactics and an
opposition boycott ensured an EPRDF victory in the June
Constituent Assembly elections. Discrimination and violence
against women and abuse of children continued to be serious
problems.
However, the Government took a number of steps to improve its
human rights practices. It released several thousand persons
previously detained without charge and closed the camps in
which they were confined. It undertook efforts to establish a
nonpolitical and nationally representative military. In June
the Government conducted a procedurally fair election in which
opposition groups were allowed access to government-owned
broadcast media, and on several occasions opposition groups
staged rallies without interference.
In December the Special Prosecutor's Office (SPO) began legal
proceedings against the first group of detainees charged with
crimes against humanity under the brutal Marxist regime of
Colonel Mengistu Haile Mariam (1974-1991). Following the
reading of charges against the initial group of defendants,
attorneys for the accused requested and received a continuance
until March 7, 1995, to permit more time to prepare their
defense. At year's end, approximately 1,700 detainees
suspected of involvement in war crimes remained in detention,
most without charge after more than 3 years. The trials, which
are expected to last for several years, may ultimately involve
more than 3,000 defendants.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
According to informed sources, local and regional officials of
the security services committed more than 20 extrajudicial
killings in 1994. In at least one case thought to be
politically motivated, in August government security officers
assassinated the deputy mayor of Gode. According to credible
reports, in July EPRDF soldiers fired at five unarmed young men
in Debre Zeit, killing two and wounding two others. At year's
end, the Government had not begun a public investigation of
either of these incidents or punished those responsible.
In July Alebatchew Goji died under suspicious circumstances
while in police custody in the town of Orghessa, near Dessie.
While the exact circumstances of his death were unknown,
Alebatchew had been detained and interrogated for 6 days about
his fugitive uncle's whereabouts. After Alebatchew's death,
the police displayed his body in public before instructing his
father to retrieve the body for burial. There is no evidence
that government authorities investigated this incident.
There were numerous unconfirmed reports of summary executions
of civilians by government and antigovernment forces during
clashes in the eastern "Somali" region which includes the
Ogaden. Groups involved in these clashes include the EPRDF,
the Ogaden National Liberation Front (ONLF), and the Islamic
fundamentalist group "Al-Ittihad Al-Islami." There was no
evidence to support occasional rumors of "killing squads."
b. Disappearance
The independent press published numerous accounts of alleged
disappearances throughout the year. In most cases, security
forces arrested and held these persons incommunicado for
several weeks before evenutally releasing them without charge.
For example, after the OLF abducted and held a British CARE
international employee for a week, an Ethiopian CARE employee
subsequently disappeared. Despite repeated denials that he was
in police custody, the local EPRDF office released him 6 days
later.
However, there was at least one unconfirmed report in which the
whereabouts of a person allegedly last seen in police custody
was unknown at year's end. According to international human
rights groups, in May unidentified security forces reportedly
picked up Mustafa Idris, a telecommunications worker and OLF
supporter, in Addis Ababa. Previously detained by the Mengistu
regime for 10 years, Mustafa had not been traced to any police
station, and his whereabouts were unknown.
Human rights groups continued to charge that the whereabouts of
dozens of people the TGE arrested when it took power remained
unknown. In response, the TGE claimed that some of the alleged
missing were among the estimated 1,700 persons in detention
awaiting trial for crimes committed against the civilian
population during the Mengistu regime.
c. Torture and other Cruel, Inhuman, or Degrading
Treatment or Punishment
The National Charter and new Constitution prohibit the use of
torture and mistreatment. Nevertheless, there were credible
reports that security officials sometimes beat and otherwise
mistreated detainees. However, instances of torture were
rare. A reported form of mistreatment is tying a victim's
upper arms behind his or her back with electrical wire,
occasionally resulting in permanent damage to the limbs.
According to some victims and one security official, mock
executions are occasionally staged. In August EPRDF security
officials took an opposition supporter to an unmarked house in
Addis Ababa and beat and verbally insulted him for several
hours. The victim was eventually taken to a police station.
Police officers refused an instruction from the EPRDF officials
to imprison the victim and then offered to take the victim to a
hospital. The Government did not publicly investigate or
punish those responsible.
There were credible reports that EPRDF officials sometimes use
unmarked homes as sites for the temporary detention and
interrogation of political opponents. However, there is no
evidence to support allegations about the existence of a
network of secret detention or interrogation facilities. The
Government has agreed to allow international access to any area
or facility suspected of being used in this manner.
In September prison officials shaved the heads of more than 250
supporters of the AAPO who had been detained on September 20
for assembling without a permit. None of the detainees had yet
been charged with a crime, and it appeared that the act was
designed to humiliate and intimidate the AAPO supporters (see
Section 1.e.).
The Government took steps to improve prison conditions.
Although prison conditions are acceptable by local standards
and are not life-threatening, overcrowding is a serious
problem. Prisoners are often allocated less than 2 square
meters of space in a room which may contain from 8 to 200
people. Prisoners typically receive adequate food, often
supplied by relatives on the outside. Female prisoners are
kept separately from men and receive generally equal
treatment. Rape does not appear to be a problem in prisons.
The TGE permits independent monitoring of prison conditions,
military camps, and police stations by the International
Committee of the Red Cross (ICRC), and often by diplomatic
missions. However, the ICRC does not have immediate access to
government facilities and must either request permission or
notify each time it wants to visit. With the advent of
regionalization, the ICRC was also obliged to obtain clearances
from each of Ethiopia's 10 regions. An Embassy visit with
imprisoned AAPO leader Asrat Woldeyes in October revealed that
he is treated respectfully, was in good health, and received
food daily from his family (see Section 1.e.).
d. Arbitrary Arrest, Detention, or Exile
The National Charter, the new Constitution, and both the
Criminal and Civil Codes prohibit arbitrary arrest and
detention. Under the Criminal Procedure Code, any person
detained must be charged and informed of the charges within
48 hours and, in most cases, be offered release on bail. Those
persons believed to have committed capital offenses, such as
murder and treason, may be detained for 4 weeks while police
conduct an investigation and for an additional 15 days while
the prosecutor prepares the case against the suspect. In
practice, people are often detained without a warrant,
frequently not charged within 48 hours, and if released on
bail, never recalled to court.
Throughout 1994 the Government continued to arrest and detain
persons without charge. Although most often it detained people
for short periods only, thousands of criminal suspects remained
in detention without charge or trial at year's end. Many of
these cases result from a severe shortage of judges,
prosecutors, attorneys, clerks, and courthouses. The Southern
Regional Supreme Court has only 5 judges, out of an authorized
complement of 15. Late in the year, the Southern Region had a
backlog of more than 5,000 cases dating back as far as 1991.
The TGE began to address these problems by creating special
judicial teams to reduce backlogs in key areas, which resulted
in the release or arraignment of hundreds of detainees in
Region 4. In December a special team of judicial officials
reviewed prisoner files and released 220 detainees in the
Southern People's Region, typically for lack of evidence.
In August local police detained 46 supporters of the newly
formed Ethiopian National Democratic Party (ENDP) in Awassa and
Dilla in the southern region, allegedly for planning violent
activities and possession of unregistered firearms. The
authorities eventually released all but two of the ENDP members
(nine not until early December) for lack of evidence. In a
separate incident, the TGE detained the president of Region 5
(Somali), Hassan Jiri, in Gode and Addis Ababa without charge
for 55 days in connection with his refusal to step down. On
September 11, Lemma Sidamo, acting vice-chairman of the Sidamo
Liberation Movement, which the TGE accuses of engaging in armed
insurrection, was removed from his residence by Addis Ababa
police, acting on an arrest order from Sidamo Zone. No charges
were ever brought against Lemma, who was held in seclusion in
Awassa and the town of Yerga Alem until his release in
mid-November.
In December 1993, the authorities arrested eight leaders of
opposition parties when they arrived in Addis Ababa to attend a
"peace and reconciliation conference" organized by political
opposition groups. They charged seven with supporting armed
uprising against the State and other related offenses but
dropped charges in February after the group members signed
individual statements renouncing violence. All of the
detainees had been released by mid-February, except for Abera
Yemane-Ab, who remains in detention on suspicion of involvement
in crimes against humanity committed during the Mengistu regime
(see Section 1.e.).
Throughout the year the Government closed several large
detention facilities, including Hurso and Didessa, and released
over 4,000 persons, mostly OLF members and supporters who had
been held for periods as long as 2 years. It arraigned about
280 of the detainees in Ziway, formally charged them with
crimes, and transferred them to civilian prisons. At year's
end no trials for the 280 had begun, despite government
indications it would bring these prisoners to trial quickly.
The Government closed the detention facility at Agarfa earlier
in the year.
Exile is illegal and not used as a means of political control.
However, in May, at the behest of the Eritrean Government, the
TGE arrested 26 Ethiopians for alleged involvement in
activities of the Eritrean Liberation Front-Revolutionary
Command (ELF-RC), a group opposing the Eritrean Government. As
an alternative to imprisonment or deportation to Eritrea, the
Government permitted several of the ELF-RC members to seek
asylum in Europe and allowed the others to remain in internal
exile in southern Ethiopia.
e. Denial of Fair Public Trial
The TGE continued to restructure the judiciary toward a
decentralized federal system, featuring courts at the district
(woreda), zone, and regional levels. The Central (federal)
Supreme Court adjudicates cases involving federal law,
transregional issues, and national security and hears both
original and appeal cases. While the goal of a decentralized
system may hold promise of bringing justice closer to the
people, the reality is that the severe shortage of trained
personnel in many regions, serious financial constraints, and
the absence of a clear demarcation between central and regional
jurisdictions combine to keep the judiciary weak.
Until regional legislatures are established and empowered to
pass laws particular to their region, the Criminal Code will
remain the same at both the regional and federal levels.
Trials are public, and defendants have the right to a defense
attorney. The Government established a public defender's
office to provide legal counsel to indigent defendants. In
December, the central High Court appointed attorneys to
represent 46 of the initial group of defendants in the war
crimes trials following claims by the defendants that they
could not afford adequate defense. The Court will pay each
attorney the equivalent of $800 to cover necessary expenses.
Ethiopian law does not grant the defense attorney access to
accusatory material before trial.
Shari'a (Islamic) courts hear religious and family cases
involving Muslims. The new Constitution protects the existence
of current Shari'a courts and gives the legislature of any
jurisdiction the authority to empower future Shari'a courts.
Under the Constitution, both parties have to agree to be
subject to Shari'a law for it to be applied. In addition, some
traditional courts still function in remote areas, and, though
not sanctioned by law, resolve legal disputes for the large
number of Ethiopians who live more than a day's walk from a
road, and generally beyond the influence of modern judicial
facilities.
The central courts continued to show signs of judicial
independence. However, these efforts were sometimes undermined
by political interference in other areas of the judiciary. The
Central Supreme Court found against the Ministry of Internal
Affairs for misdeeds committed by the previous government's
Internal Affairs Ministry. The central High Court reprimanded
the Minister of Justice and other senior officials for ordering
the release of two prominent detainees held by the Court. In
December the central High Court found that the Ministry of
Labor had overstepped its bounds in ordering the closing of the
offices of the Confederation of Ethiopian Trade Unions (CETU).
Senior judicial officers acknowledge government pressure,
noting that judges are sometimes instructed to treat EPRDF
defendants leniently. Anecdotal evidence suggests that the
exact opposite is true for cases involving members of the
opposition. At least one judge claimed he was fired for
exhibiting too much independence, and in another case a
presiding high judge replaced one of two fellow judges to
achieve a majority vote to deny bail to two AAPO detainees. At
year's end, two regional judges remained in prison in the
southern city of Jinka after being illegally dismissed by local
authorities for issuing an unpopular decision. Officials in
Jinka claimed, incorrectly, that regionalization gives them
complete autonomy over local affairs, and they ignored release
orders from the chairman of the Southern Region Supreme Court
and from the vice chairman of the regional council.
In decentralizing the judiciary, the TGE also established in
1993 federal and regional Judicial Administrative Commissions
(JAC's) which are empowered to help select and discipline
judges. JAC's--which include the chairman of the relevant
supreme court, representatives of the appropriate legislative
council, local lawyers, prosecutors, and Justice Ministry
officials--have begun to function, although their impact was
mixed.
On October 25, the Special Prosecutor's Office (SPO) handed
down long-awaited indictments against the first group of
defendants to be tried for serious crimes, including for crimes
against humanity during the "Red Terror" and forced
resettlement and villagization, committed during the Mengistu
dictatorship from 1974 to 1991. The SPO was established in
1992 to create an historical record of the abuses during the
Mengistu government and to bring to justice those criminally
responsible for human rights violations and corruption. The
trial of the first 66 defendants began on December 13. In this
first group, the Government is trying 21 of the 66 in absentia,
including the former president, Colonel Mengistu Haile Mariam,
who is in exile in Zimbabwe. It may eventually charge and try
more than 3,000 defendants in connection with these crimes;
some government officials expect the trials to go on for 3 to 5
years. In 1994 the Government arrested 25 former Air Force
personnel for having bombed civilian targets during the civil
war. Over 1,600 suspects remained in detention without charge
at year's end, some of whom have been detained for more than 3
years. The Government declared that the remaining detainees
would be charged by July 1995.
Following a high profile trial, the Central High Court
convicted and sentenced AAPO leader Asrat Woldeyes and four
accomplices to imprisonment for 2 years for involvement in a
1993 meeting in Addis Ababa during which plans for armed
activities against the TGE were allegedly discussed. In
December the same court sentenced Asrat to prison for an
additional 3 years for "incitement to war" in connection with a
speech made at the provincial town of Debre Berhan in 1992. At
year's end, Asrat also faced charges of involvement in a May
1994 prison break in Debre Berhan, during which several guards
were killed. His confinement and trials received significant
press attention and exacerbated tensions between the TGE and
AAPO. In September, after protesting without a required permit
outside the Central High Court, the authorities arrested
approximately 500 AAPO supporters and eventually charged 250
with "public provocation" and "illegal assembly." They
subsequently released all of these on bail; further court
action remained pending at year's end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law requires judicial search warrants, but government
critics allege they are seldom used in practice. The TGE
implemented a nationwide campaign to uncover and confiscate
unregistered firearms. Government security officials conducted
searches of private and commercial vehicles, as well as private
homes. Leaders of political opposition groups claim their
members have been singled out for illegal searches and often
unfairly detained during this campaign. These charges were
given additional credibility when 44 of 46 ENDP members,
detained following accusations of illegal weapons possession in
the Southern Ethiopian People's Region, were subsequently
released without charge (see Section 1.d.). Many people allege
they are under surveillance for expressing antigovernment views.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
The TGE continued to face low-level armed insurgency and
banditry in various parts of the country, and both the military
and the insurgents committed serious abuses, including
extrajudicial killings.
In April the TGE armed forces launched a military operation in
eastern Region 5 to control military activities of the Islamic
fundamentalist Al-Ittihad Al-Islami and the military wing of
the separatist ONLF. Numerous unconfirmed reports allege that
all parties summarily executed civilians and that Al-Ittihad
and the ONLF employed land mines and hand grenades against both
military and civilian targets. Toward the end of the year a
number of suspected ONLF landmine attacks were directed at
civilian targets, primarily along the Harar-Jijiga road, and
resulted in more than 10 civilian deaths and numerous injured.
In Regions 3 and 4 (Amhara and Oromia), rebel groups
occasionally clashed with government forces resulting in deaths
on both sides. Militants of the Oromo Liberation Front engaged
TGE forces sporadically during the year.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the National Charter, the 1992 Press Law, and the new
Constitution provide for the right to free speech and press,
the TGE restricted both of these freedoms on numerous
occasions. People are generally free to discuss publicly any
topic they choose, but those expressing anti-TGE views were
vulnerable to government harassment. For example, police
detained a person overnight for speaking about Asrat's case
(see Section 1.e.) and forced him to sign a statement
forswearing any future discussion of the professor. Press
criticism of both the Government and the opposition is common.
Opposition parties and the Ethiopian Human Rights Council
(EHRCO) were generally able to hold rallies or press
conferences expressing anti-TGE views without apparent
retribution.
The vast majority of Ethiopians outside Addis Ababa have no
ready access to the print media. A small-circulation private
press continued to operate in Addis Ababa despite the arrest of
more than a dozen journalists for violations of the Press Law
and Criminal Code. The Press Law is vague, and many
journalists complain that it can be interpreted broadly to
target journalists whom the Government dislikes. This often
results in self-censorship. The clause most commonly invoked
is the prohibition on dissemination of false information, which
is often translated into "telling only one side of a story."
Many journalists fall victim to this clause because of the
refusal of virtually all government officials to speak to the
private press, even to confirm or deny an allegation. Denial
of entrance to private journalists at government press
conferences further limits their access to information and
undermines the TGE's affirmations of a free press as a
cornerstone of democracy. However, some elements of the
private press were irresponsible in their reporting of
developments in the country.
The authorities detained a number of independent journalists
and editors for long periods (as long as 4 months) without
informing them of the charges they face. Many publishers
decided against continuing involvement in the news business
after being detained, sentenced to prison, or fined up to
$3,200 (20,000 birr). There were credible allegations of
executive influence in judicial proceedings against
journalists. Judges set fines on an ad hoc basis. When a
convicted person is unable to pay a fine, it is a common
long-standing practice to divide his monthly salary into the
outstanding fine to determine the number of months in prison.
On three occasions judges applied this practice to detained
journalists. As a result of poor management, market forces,
and government harassment, the number of available newspapers
declined from the high of 65 that were in operation at various
times during 1993. By the end of 1994 there were about 20
weekly and 2 monthly magazines in circulation in Addis Ababa
with a circulation of about 5,000 to 7,000 each.
Foreign journalists, including from the Voice of America,
continued to operate freely in Ethiopia during this period,
often writing articles critical of TGE policies and practices.
The Government controls radio, the most influential medium in
reaching the rural population, as well as the sole television
station, and ensures that TGE policies are reflected in their
programming. The official media devoted slightly more coverage
to the activities of opposition groups than in 1993, but much
of this coverage was negative.
The new Constitution provides for academic freedom. In January
1993, security forces killed an Addis Ababa University (AAU)
student while dispersing an unauthorized demonstration against
Eritrean independence at the University, in which protesters
threw rocks at police. In February 1994, a commission of
inquiry, which had been established to investigate the
incident, found that the students, university security, and
police were each partly to blame.
At year's end, none of the 41 AAU faculty members dismissed in
April 1993, reportedly for expressing antigovernment views, had
been reinstated. Only 4 of the 41 received any type of
compensation from the Government, and the teachers' suit
against the Government for wrongful dismissal continued to move
slowly through the courts. The negative impact of the
dismissals continued to resonate among AAU faculty.
b. Freedom of Peaceful Assembly and Association
The National Charter and the new Constitution endorse the right
of peaceful assembly, freedom of association, and the right to
engage in unrestricted peaceful political activity. Although
the Government has used legal instruments and other measures to
abridge these rights on numerous occasions, the Government did
not interfere with several large antigovernment protests held
in November and December. The TGE proclamation of August 12,
1991, required organizers to inform authorities of peaceful
demonstrations or public political meetings 48 hours in
advance. In 1994 this process, not the law, was reversed and
tightened. Organizers must now obtain a permit from regional
authorities prior to a public demonstration.
In a sign that the Government is responding more responsibly to
legitimate public expressions of dissent during the period
leading up to the 1995 elections, there were several large
peaceful demonstrations in November and December. On November
28, there was a peaceful rally and march by between 40,000 and
50,000 Muslims who demonstrated in Addis Ababa in support of
unrestricted freedom to practice their religion. On December
4, several opposition groups staged a peaceful rally in central
Addis Ababa to protest the Government's "unilateral" adoption
of the new Constitution and to condemn human rights abuses.
Approximately 50,000 people attended the rally, which proceeded
without incident.
The TGE permits the existence of independent nongovernmental
associations but has sometimes harassed and intimidated groups,
which have criticized the Government on purely political
grounds, such as the Ethiopian Human Rights Council. These
associations are required both to register with the Relief and
Rehabilitation Commission and to hold a special permit issued
by the Ministry of Internal Affairs. In particular, the permit
is necessary for an association to open a bank account or
acquire official seals. Three years after EHRCO applied for
registration and a permit, the Government continued to delay
action on the applications, claiming that EHRCO is primarily a
political organization (see Section 4). Many other
nongovernmental organizations (NGO's) have made similar
complaints.
The TGE requires political parties to register with the
National Electoral Board (NEB). As of year's end, there were
60 political parties (44 of whom had received registration
certificates from the NEB); of these, 53 are regional parties
and 7 national.
Credible reports from many sources demonstrate that the
authorities at both the national and regional levels harassed
opposition political parties. The authorities often refused to
rent meeting halls to opposition parties, surveilled party
activities, and harassed individual members. A member of the
Ethiopian Democratic Union Party (EDUP) was detained and beaten
severely by two EPRDF officials in Addis Ababa for several
hours after they discovered his EDUP membership card while
interrogating him and a friend on the street. Two officials of
the opposition Southern Ethiopian People's Democratic Coalition
(SEPDC) were allegedly summarily detained on December 28 after
presenting local authorities in the town of Hosanna a written
notification of SEPDC's intention to establish a party office.
In August police detained 46 supporters of the newly formed
ENDP in Awassa and Dilla in what many suspect was an attempt by
southern region authorities to dismantle the party (see Section
1.d.).
c. Freedom of Religion
The National Charter and the new Constitution provide for
freedom of religion, including the right of conversion, and
freedom of worship exists in practice. Roughly 40 percent of
Ethiopia's population are Muslims who, for the first time in
the nation's history, are able to participate fully in
political, economic, and social life.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement, including the right of domestic and
foreign travel, emigration, and repatriation, is provided under
the National Charter and the new Constitution. Citizens may
freely change their residence or workplace. Citizens and
residents of Ethiopia are required to obtain an exit visa
before departing, which the authorities issue in most cases,
except for persons with pending court cases or debts.
An average of 100 Ethiopian Jews (Falashas) and Feles Mora
(Ethiopians who claim Jewish heritage but have not been
accepted as Jews by the Israeli Rabbinate) emigrated to Israel
every month. This outflow has remained at about the same level
since the major exodus of Falashas in 1991 and 1992. Several
thousand Ethiopians who claim Jewish heritage remain in
Ethiopia.
According to the United Nations High Commissioner for Refugees
and to foreign diplomats, the TGE treats asylum seekers fairly
and is cooperative on issues concerning the repatriation of
Ethiopian refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
This right has yet to be exercised in Ethiopia. The TGE
extended the transitional period originally scheduled to expire
in January until a new national government is elected in
mid-1995. Throughout the year, the TGE continued preparations
for a transition to multiparty democracy, and in December the
Constituent Assembly announced plans to the hold parliamentary
elections within 6 months.
Since taking power in 1991, the EPRDF has dominated the
political process and maintains a preponderance of seats in the
quasi-legislative Council of Representatives. Of the four
constituent parties of the EPRDF, the TPLF is the most
powerful, and its members included the President and (until
their exclusion from the party at the December 1994 Congress]
most key national security officials. The EPRDF also dominates
the regional councils and executive committees as a result of
the flawed 1992 elections in which principally the EPRDF, but
also the OLF, were guilty of numerous breaches of the electoral
process.
In March the commission charged with drafting a new
constitution completed its task and submitted the draft for
review and approval by the Council of Representatives. In
October, the 548-seat Constituent Assembly elected in June
began deliberations on the draft constitution, which it
approved on December 8. Opposition to the new Constitution
includes an objection to the alleged "unilateral" nature of its
adoption by a ruling party and to specific controversial
articles. Prominent among the latter are provisions for
self-determination "up to secession" (Article 39) and for state
ownership of all land.
All major opposition groups boycotted the June Constituent
Assembly elections, claiming that the Government would impede
their ability to participate in the political process. Leading
up to the election, there were credible reports of EPRDF
harassment of some opposition party members and independent
candidates, especially in regions outside Addis Ababa. The TGE
and the National Electoral Board made credible attempts to
investigate abuses when made aware of their occurrence. A
limited attempt was made to provide registered candidates with
media access. In at least one instance, the NEB reversed an
announced victory in favor of a non-EPRDF candidate.
International observers considered the elections
administratively fair. However, as a result of the lack of
opposition candidates, the election was largely noncompetitive,
and the better organized and funded EPRDF candidates won 89
percent of the contested seats.
In general, the opposition parties are poorly organized and
funded and lack leadership and alternative programs. Most such
parties also have little active support outside Addis Ababa,
although 85 percent of the population lives in rural areas.
Participation remains closed to a number of organizations which
have not renounced violence or do not accept the TGE and its
Council of Representatives as a legitimate authority. These
groups include Medhin, the Coalition of Ethiopian Democratic
Forces, the Ethiopian People's Revolutionary Party, the Oromo
Liberation Front, and several smaller Somali groups.
Neither law nor practice restrict the participation of women
and minorities in politics. Although by historical standards
women's status and political participation is greater than ever
before, women are underrepresented in the TGE Council of
Ministers and among the leadership of all political
organizations. Only 2 of the 20 Ministers in the TGE Council
of Ministers are women; 3 other women hold ministerial rank,
and a number of others hold positions among the senior ranks of
government. Only 1 of 30 judges on the central High Court is a
woman.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Ethiopian Human Rights Council is the country's most
prominent independent human rights monitoring group, but it has
been criticized for its political agenda. However, EHRCO
continued to operate without legal status because the
Government considers it a political organization. The
Government refused to register EHRCO, and security officials
regularly monitored people visiting its office. Although in
1993 the Government arrested and released on bail the EHRCO
Secretary General, it had not formally charged him with a crime
by year's end. EHRCO public statements and periodic reports
are highly critical of the TGE's political program as well as
its performance on human rights. In its seventh report, it
submitted a list of alleged extrajudicial killings to the
Attorney General and the Ministry of Internal Affairs. The
former replied that it was unaware of such cases; the latter
had not responded as of year's end.
Other human rights organizations include the Ethiopian Human
Rights and Peace Center (EHRPC), affiliated with the law
faculty at Addis Ababa University, the Ethiopian Congress for
Democracy, and the Inter-Africa Group.
The TGE allows visits by the ICRC and international human
rights groups and permits them to operate and travel freely.
International human rights groups and foreign diplomats have
been encouraged to observe the war crimes trials which began in
December. Although allegations of human rights abuses have
been raised with the TGE, the Government took remedial action
in only the most public and egregious cases. Rarely, if ever,
did it punish responsible officials for abusing or neglecting
their authority. Officials in the Ministry of Interior have
generally been responsive to requests for information about
specific human rights cases and have facilitated visits to
prisons and meetings with prominent detainees.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The new Constitution states that all persons are equal before
the law. The law provides that all persons should have equal
and effective protection without discrimination on grounds of
race, color, sex, language, religion, political or other
opinion, national or social origin, wealth, birth, or other
status.
Women
Although women played a prominent role (including service in
combat) during the civil war and hold some senior government
positions, in practice women do not enjoy equal status with
men. Ethiopian law holds men and women to be equal, but
tradition and cultural factors place the man as head of the
household, and, in practice, men typically hold land tenure and
property rights for the whole family.
Discrimination is most acute in the rural areas, where
85 percent of the population lives, and where women work over
13 hours a day fulfilling household and farming
responsibilities. In urban areas, women have fewer employment
opportunities than men, and the jobs available do not provide
equal pay for equal work. In September 1993, the TGE launched
an initiative to promote the equality of women by changing
statutes and including women's concerns in the Government's
development planning, although the Government took limited
concrete action other than to establish women's affairs desks
in each of the ministries.
Domestic violence, including wife beating and rape, is a
pervasive problem. While women theoretically have recourse
through police and the legal system, societal norms inhibit
many women from seeking legal redress. There was sporadic
media coverage of domestic abuse cases, although the press
rarely covers instances of rape because of the stigma attached
to the crime. There are disturbing reports that some husbands
force their wives into prostitution to supplement family income.
Children
The Government has not given children's issues a high priority,
but has encouraged the efforts of domestic and international
NGO's, such as Save the Children, which focus on children's
social and health issues.
Societal abuse against young girls, however, continues to be a
serious problem. Almost all girls undergo some form of female
genital mutilation (FGM), which international and TGE health
experts have condemned as damaging to both physical and
psychological health. Clitorectomies are typically performed
7 days after birth, and the excision of the labia and
infibulation, the most extreme and dangerous form of FGM, can
occur any time between the age of 8 and the onset of puberty.
Early childhood marriage is prevalent in rural areas with girls
as young as 9 years being party to arranged marriages. The
National Committee on Traditional Practices in Ethiopia, an
indigenous NGO, along with the Ministries of Health and Labor
and Social Affairs, international organizations, and other
NGO's, has begun a nationwide program to educate women,
community leaders, and traditional leaders on the harmful
effects of FGM. Ethiopia has an extremely high maternal
mortality rate, partially due to food taboos for pregnant women
and birth complications related to FGM, including infibulation.
National/Racial/Ethnic Minorities
Ethiopia has more than 80 different ethnic groups. Although
all of these groups have had some influence on the political
and cultural life of the country, Amharas and Tigrayans from
the northern highlands have traditionally dominated this
process. Some ethnic groups, such as Oromos, the largest
single group, claim to have been dominated for at least a
century by the Amharas and Tigrayans. In an attempt to rectify
this problem, the Government has supported a loose federal
system and in 1994 changed regional boundaries to encompass
more completely entire (major) ethnic populations.
People with Disabilities
The Government does not mandate access to buildings or
government services for persons with disabilities. The new
Constitution stipulates that the State shall allocate resources
to provide rehabilitation and assistance to the physically and
mentally disabled. There is no officially condoned or legally
sanctioned discrimination against people with disabilities, but
cultural attitudes toward the disabled are often negative, and
even people with minor disabilities complain of rampant job
discrimination. The Council of Representatives passed a law
mandating equal rights for the disabled, but it is unclear if
the law can be rigorously enforced. An official at the
Rehabilitation Agency, a semiautonomous institution under the
Ministry of Labor and Social Affairs, estimated that there are
more than 5 million disabled people in Ethiopia out of a
population of roughly 53 million.
Section 6 Worker Rights
a. The Right of Association
Only a small percentage of the population is involved in wage
labor employment, which is largely concentrated in the
capital. Approximately 85 percent of the work force lives in
the countryside, engaged in subsistence farming.
Under the National Charter, Article 42 of the 1994
Constitution, and the 1993 Labor Law, most workers are free to
form and join unions and engage in collective bargaining, but
only about 200,000 workers are unionized. Employees of the
civil and security services (where most wage workers are
found), judges, and prosecutors are not allowed to form
unions. Workers who provide an "essential service" are not
allowed to strike. Essential services include a large number
of categories such as air transport, railways, bus services,
police and fire services, post and telecommunications, banks,
and pharmacies.
Unions are not affiliated with the Government or political
parties. There is no legal requirement for unions to belong to
the Confederation of Ethiopian Trade Unions (CETU), which was
established in November 1993. CETU comprises nine federations
organized by industrial and service sector rather than by
region. In December the Government decertified CETU following
a 30-day probationary period given to permit CETU to resolve
internal disputes. Under Ethiopian law a trade organization
may not act in an overtly political manner. The CETU split
over allegations that CETU chairman Dawey Ibrahim's harsh
criticism of the Government's structural adjustment program was
politically motivated. Factions of three federations,
including Dawey, took possession of CETU offices, prompting the
Government to issue the order that CETU must resolve its
internal problems. The central High Court later affirmed the
Government's right to decertify CETU but found the decision to
close CETU's offices to be improper. Nonetheless, at year's
end the CETU offices remained closed.
The 1993 Labor Law explicitly gives workers the right to strike
to protect their interests, but it also sets forth many
restrictions which apply before a legal strike may take place.
These restrictions apply equally to an employer's right to
lockout. Strikes must be supported by a majority of the
workers affected by the decision. The 1993 Labor Law prohibits
retribution against strikers. Both sides must make efforts at
conciliation, provide at least 10-days' notice to the
Government and include the reasons for the action, and, in
cases already before a court or labor board, the party must
provide at least a 30-day warning.
If an agreement between unions and management cannot be
reached, the Minister of Labor may refer the case to
arbitration by a labor relations board (LRB). The TGE has
established LRB's at the national level and in some regions.
The Minister of Labor and Social Affairs appoints each LRB
chairman, and the four board members are composed of two each
from trade unions and employer associations. It is unlawful to
strike against an order from an LRB.
There were no strikes organized by unions during the year.
In mid-1994, the TGE reinstated 46 of 52 employees of the
Commercial Bank of Ethiopia who had been fired in 1992 for
attempting to strike. In the absence of a labor law in 1992,
the attempt to strike had been judged illegal.
Independent unions and those belonging to CETU are free to
affiliate with and participate in international labor bodies.
b. The Right to Organize and Bargain Collectively
Collective bargaining is protected under the Labor Law and
under the new Constitution, and it is practiced freely
throughout the country. Collective bargaining agreements
concluded between 1975 and the promulgation of the January 1993
Labor Law are covered under the 1975 Labor Code and remain in
force. Labor experts estimate that more than 90 percent of
unionized workers in Ethiopia are covered by collective
bargaining agreements. Wages are negotiated at the plant level.
The law prohibits antiunion discrimination by employers against
union members and organizers. Grievance procedures are in
place to hear allegations of discrimination brought by
individuals or unions. Employers found guilty of antiunion
discrimination are required to reinstate workers fired for
union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The National Charter and the new Constitution proscribe
slavery--which was officially abolished in 1942--and
involuntary servitude. The Criminal Code specifically
prohibits forced labor unless instituted by court order as a
punitive measure. Forced or compulsory labor is virtually
nonexistent.
d. Minimum Age for Employment of Children
Under the 1993 Labor Law, the minimum age for wage or salary
employment is 14. Children between the ages of 14 and 18 are
covered by special provisions in the Labor Law. Children may
not work more than 7 hours per day, work between the hours of
10 p.m. and 6 a.m. or on public holidays, or perform overtime.
While some efforts to enforce these regulations are made within
the formal industrial sector, large numbers of children of all
ages work outside of most government regulatory control on
farms in the countryside and as street peddlers in the cities.
e. Acceptable Conditions of Work
There is no statutory minimum wage. However, since 1985 a
minimum wage has been set and paid to public sector employees
who are by far the largest group of wage earners. This public
sector minimum wage is $16.67 (105 birr) per month, which is
insufficient to provide a decent standard of living for a
worker and family. According to the Office for the Study of
Wages and other Remunerations, a family of five requires a
monthly income of $62.40 (390 birr), and even with two minimum
wage earners a family receives only about half the income
needed for healthful subsistence.
The legal workweek is 48 hours, 6 days of 8 hours each, with a
24-hour rest period. The 48-hour workweek is widely respected.
The TGE, private industry, and unions negotiate to set
occupational health and safety standards. However, the
Inspection Department of the Ministry of Labor and Social
Affairs enforces these standards ineffectively, due to a lack
of human and financial resources. Workers have the right to
remove themselves from dangerous situations without jeopardy to
continued employment.
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