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Title: Ethiopia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ETHIOPIA
Ethiopia's political landscape changed significantly in 1995. In May
and June, following the December 1994 adoption of a new democratic
Constitution, Ethiopia held national and regional elections. The
Transitional Government (TGE), which was established following a long
and brutal civil war, handed over power to the elected government of the
Federal Democratic Republic of Ethiopia (FDRE) in August. Most
opposition groups chose to boycott the elections, refusing to test the
TGE's stated willingness to allow opposition participation. Without
such participation, candidates affiliated with the dominant party within
the transitional government, the Ethiopian People's Revolutionary
Democratic Front (EPRDF) won a landslide victory in national and
regional contests. The EPRDF is in turn dominated by the Tigray
People's Liberation Front (TPLF). The ascendance of the EPRDF and a
policy of promoting ethnic federalism, has engendered animosity among
some elites who previously held centralized power in Ethiopia.
The Government continued its efforts to devolve authority to regional
governments but is constrained by underdeveloped local administrative,
police, and judicial systems. The Government has not yet devised
procedures to ensure effective implementation of constitutionally
guaranteed rights, especially at the regional level. This process is
complicated by Ethiopia's history, great poverty, and unfamiliarity with
democratic culture.
Maintenance of internal security continued to shift from the EPRDF
military wing to the police. The Ministry of Internal Affairs was
abolished in August and the Security, Immigration, and Refugees
Authority was created. The national police organization was
subordinated to the Ministry of Justice. Members of the security forces
committed human rights abuses. Throughout the year the military
continued low-level operations to counter armed attacks by the Oromo
Liberation Front (OLF) and the Islamic Front for the Liberation of
Oromiya (IFLO) in Region Four. Incidents of banditry, some of which may
have been politically driven, increased in parts of the Southern
People's Region and the Oromo and Amhara regions. Bandits were believed
to be responsible for deaths of civilians and in some cases police in
rural areas. The private press and international human rights
organizations reported that the army, opposition separatists, and
Islamic militias all committed human rights violations, including
extrajudicial killings, in the eastern part of the country. These
reports diminished sharply following a government-sponsored peace
conference at Kebre Dehar in January.
The economy is based on smallholder agriculture, with more than 85
percent of the population living in rural areas in very poor conditions.
Per capita gross national product is estimated at only $110 per year.
Coffee accounts for about 60 percent of export revenue. The Government
continued to implement an internationally supported economic reform
program designed to liberalize the country's economy and bring state
expenditures into balance.
The Government continued its stated commitment to human rights but
serious problems remain. There were credible reports that members of
the security forces physically abused some criminal suspects and
detainees, although these practices do not appear widespread. The
Government at times harrassed, arrested, and arbitrarily detained
journalists and political activists. The judicial system remains weak,
understaffed, and at times subject to political influence.
Culturally based discrimination and violence against women and abuse of
children continued to be serious problems. Discrimination against the
disabled persists. The trial of the first group of defendents accused
of war crimes under the brutal Marxist regime of Colonel Mengistu Haile
Mariam (1974-1991), which began in December 1994, was in recess, at the
request of both the defense and the prosecution, for much of 1995. At
year's end, approximately 1,700 of those accused of war crimes remained
in detention without charge after more than 3 years. The trials, which
are expected to last several years, may ultimately involve as many as
3,000 defendants. During the year the Government arrested and detained
additional individuals for crimes allegedly committed during the "Red
Terror" in the late 1970's.
However, the Government took a number of steps to improve its human
rights practices. The Government made progress toward its goal of
enhancing the quality and performance of independent national and
regional police forces. The Government also continued to demobilize
TPLF soldiers and to move toward the creation of a national, apolitical
army; as part of this process, members of the military have been barred
from affiliation with political parties. For the first time government
media published reports of police and other officials who were jailed or
dismissed for abuse of authority and violations of human rights.
Several hundred prisoners were released from overcrowded jails in the
Southern region following a review of their cases by regional
prosecutors. Prior to the May elections, the Government improved access
to the official media for opposition political groups. Nevertheless,
serious limitations on the media remain, particularly criminal penalties
based on the 1992 Press Law.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
The Government continues 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.
There were numerous unconfirmed reports that both government and
antigovernment forces committed summary executions during clashes in
parts of Oromiya and the eastern Somali region, which includes the
Ogaden. Groups allegedly involved in these incidents include the army,
the Ogaden National Liberation Front (ONLF), the Islamic fundamentalist
group Al-Ittihad Al-Islami, the OLF, and the IFLO. The level of
violence in the Somali region diminished sharply following a government
sponsored peace conference there in January.
Banditry remained a serious problem, especially in parts of the Southern
People's Region, Oromiya, and Amhara. Bandits killed numerous
civilians, police, and EPRDF soldiers during robbery attempts. While
government critics frequently ascribe political motives to bandit
activity, most evidence suggests that these activities were economically
motivated. In combating banditry, credible reports indicate that
government troops sometimes used excessive force. Local security
campaigns against suspected criminals sometimes resulted in suspicious
deaths. However, bandits are often armed with automatic weapons and
hand grenades. In January bandits or opponents of the Government killed
a United Nations High Commissioner for Refugees (UNHCR) relief worker in
Moyale.
In one attack that may have been politically motivated, in April an
opposition candidate from Bale was killed. The Government took no
action to investigate the 1994 assassination of the Deputy Mayor of Gode
or the July 1994 death of Alebatchew Goji who died while in police
custody.
Land mines laid by suspected Islamic separatists were responsible for
the deaths and injuries of several relief workers in the Somali Region
early in the year.
b. Disappearance
There continued to be numerous unconfirmed reports of alleged
disappearances. Human rights groups continued to charge that the
whereabouts of dozens of people arrested when the Government took power
in 1991 remained unknown. In response, the Government 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 new Constitution prohibits the use of torture and mistreatment of
prisoners. Nevertheless, there were credible reports that security
officials sometimes beat or mistreat detainees. Government media
published numerous reports of police and other officials who were jailed
or dismissed for abuse of authority and violations of human rights. In
March several South Omo Zone officials were dismissed for taking bribes
and beating people. In August 40 policemen were dismissed in Arsi Zone
for, among other things, "infringing upon human rights." In September
10 policemen were dismissed in the central zone of Tigray for "bribery
and beating innocent civilians." During the fall, hundreds of other
administrative and police officials were sanctioned or dismissed for
unspecified abuses of authority, some of which may have involved human
rights abuses. There were no substantiated reports of instances of
torture against prisoners.
There were credible reports that EPRDF officials sometimes use unmarked
houses and military camps for the temporary detention and interrogation
of OLF supporters and other suspected political opponents.
Prison conditions are acceptable and are not generally life threatening.
However, despite actions by prosecutors in some regions to release some
detainees, overcrowding remains a serious problem. Health officials
note that overcrowding has resulted in increased incidence of
tuberculosis, malaria, typhoid fever and other serious diseases within
the prison population. Prisoners are often allocated less than 2 square
meters of sleeping space in a room which may contain from 8 to 200
people. Prison food is adequate. Prisoners are typically permitted
daily access to prison yards. Visitors are allowed and many prisoners
receive regular deliveries of food and other supplies from family
members. Female prisoners are kept separately from men, and rape does
not appear to be a problem.
The Government 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.
Permission to visit detention facilities is routinely granted, although
the ICRC must obtain additional clearances from officials in each of
Ethiopia's 10 regions. Diplomats who visited with imprisoned All Amhara
People's Organization (AAPO) Chairman Asrat Woldeyes in September found
him to be in good health, with no complaints of physical mistreatment.
He is allowed visitors and receives food daily from family members (see
Section l.e.). In September all regional police chiefs and senior
prisons officials attended a seminar at which the subject of prisoners'
rights were a main topic. National police officials stressed the
responsibility of local authorities to guarantee the basic human rights
of prisoners. Federal prosecutors are being assigned to the regions to
oversee compliance.
d. Arbitrary Arrest, Detention, or Exile
The Constitution, and both the Criminal and Civil Codes prohibit
arbitrary arrest and detention, but the Government did not always
respect these rights in practice.
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 additional 15-day
periods while the investigation is being conducted. Some serious
offenses are not bailable. In practice, people are often detained
without a warrant, frequently not charged within 48 hours, and if
released on bail, never recalled to court. Lack of judicial capacity
contributes to many of these irregularities.
Throughout 1995 the Government continued to arrest and detain persons
without charge. In typical cases, security forces arrested and held
these persons incommunicado for several days or weeks before eventually
releasing them. Several hundred Oromo youth, suspected of participation
in the OLF armed campaign against the Government, were detained in this
manner. In the town of Nekempt, Olana Beti, an OLF member, claims to
have been detained 6 times without charge over the past 3 years.
Although most often government security officers 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, for example, has only
4 judges out of an authorized complement of 15. Similar problems exist,
to varying degrees, in other regions. At year's end, courts in the
Southern Region had a backlog of several thousand cases, some dating
back several years. The Government began to address these problems by
creating special judicial teams to reduce backlogs in key areas. These
efforts resulted in the release of hundreds of detainees in the Oromo
Region. Prosecutors also released hundreds of detainees in the Southern
People's Region often for lack of evidence. Among these were leaders of
the Sidamo Liberation Movement (SLM). The SLM has been known to
advocate and engage in violence against the Government in the past. Two
judges who had been illegally detained in 1994 in Jiuka for issuing an
unpopular decision were released in March following a visit by Western
ambassadors (see Section 1.e.).
In late June and early July, over 300 people, including journalists and
businessmen, were arrested in connection with the investigation of the
assassination attempt against President Hosni Mubarak of Egypt. Four of
the journalists were held for over a month in connection with stories
which criticized the Government's role in the incident and its
aftermath. The journalists were all eventually released on bail. For
more than 3 months, Bekele Eshete and more than 60 of his associates in
the tourist industry were jailed without charge before finally being
released in mid-September. Several individuals accused of helping the
terrorists obtain forged Ethiopian documents remain detained. Following
the closure of several large detention facilities in 1994, 280 detainees
were formally charged; their trials began in early 1995. In December
168 defendants were released, and trials of the remaining 93 were
continuing. Two Ethiopian National Democratic Party (ENDP) members who
remained in detention at the end of 1994 were released in 1995. The
Government continued to hold 30 Muslim activists believed to be members
of an extremist movement (see Section 2.c.).
Coalition of Ethiopian Democratic Forces (COEDF) member Abera Yemane-Ab,
arrested in 1993 when he returned to Ethiopia for an opposition
sponsored "peace and reconciliation conference," remains jailed by order
of the Special Prosecutor's Office (SPO) without charge. He is
suspected of crimes against humanity committed during the "Red Terror."
A diplomatic visit in September revealed him to be in good health with
access to medical care and visitors. Southern Coalition Executive
Committee member Mekonnen Dori was arrested by order of the SPO in
August. Although not yet charged, SPO officials indicate that new
evidence implicates Mekonnen in crimes allegedly committed while he was
a provincial official in the Guraghe Region in the 1970's.
Exile is illegal and not used as a means of political control. In 1994,
at the behest of the Eritrean Government, Ethiopia arrested 26 members
of the Eritrean Liberation Front-Revolutionary Command (ELF-RC) for
alleged acts of opposition to the Eritrean Government. The Government
has allowed them to seek asylum in other countries or remain in exile in
Ethiopia rather than be deported to Eritrea where they would likely face
harsh measures. Two countries agreed to accept the 26 as refugees or
immigrants, and they departed Ethiopia at the end of the year.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the central
courts continued to show signs of judicial independence. However, local
judges have complained about harassment and intimidation by local
officials. Some judges complain that they are subject to political
pressure and believe they must treat EPRDF defendants leniently.
Anecdotal evidence suggest that the reverse is true for cases involving
members of the opposition.
The FDRE continues to restructure the judiciary toward a decentralized
federal system, comprised of courts at the district (woreda) and
regional levels. The Central (federal) High Court and Central Supreme
Court adjudicate cases involving federal law, transregional issues, and
national security and hear both original and appeal cases.
The Government's goal is a decentralized system that brings justice
closer to the people, but the reality is that the severe shortage of
adequately trained personnel in many regions and serious financial
constraints, combine to keep the judiciary weak and overburdened, and to
deny most citizens the full protections provided for in the
Constitution. The Government has established regional offices of the
Ministry of Justice to monitor local judicial developments in an effort
to help ensure effective implementation of constitutional rights at the
local level.
Until regional legislatures are fully established and begin 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
although its scope remains severely limited. Court appointed attorneys
represent many of the initial group of defendants in the war crimes
trials, following claims that they could not afford adequate defense.
The law does not allow the defense access to prosecutorial evidence
before the trial.
Shari'a (Islamic) courts hear religious and family cases involving
Muslims. The new Constitution authorizes the existing Shari'a courts
and gives the legislature of any jurisdiction the authority to empower
future Shari'a courts. Under the Constitution, both parties must agree
to be bound to Shari'a law for it to be applied. In addition, some
traditional courts still function and, though not sanctioned by law,
resolve legal disputes for the majority of Ethiopians who live in rural
areas and generally have little access to modern judicial facilities.
The impact of the regional Judicial Administrative Commissions, (JAC's)
established by the Government in 1993 to help select and discipline
judges remained limited. In some instances, zonal officials have
dismissed or transferred local judges for failing to follow their
instructions. Two judges who had been detained illegally in 1994 in
Jinka for issuing an unpopular decision were released and reinstated in
March following 7 months in detention. Prior release orders issued by
the Southern Region JAC had been ignored by local Jinka officials.
The trials of the first group of 73 defendants charged with committing
crimes against humanity during the "Red Terror" and the campaign of
forced resettlement and villagization during the Mengistu regime from
1974 to 1991 began in December 1994. After a 3-months continuance, the
trials resumed briefly in March. They were then adjourned a second time
until after national elections in May and the annual judicial recess,
which lasts during the rainy season from June until September. The
trials resumed for 1 day on November 28, 1995, and were adjourned until
February 13, 1996. The continuance was requested by both the
prosecution and the defense in order to have time to prepare their
cases. Of this first group of 73, the Government is trying 21 in
absentia, including Colonel Mengistu Haile Mariam, the former president,
who is now in self-exile in Zimbabwe. In September Chief Special
Prosecutor and Head of the Special Prosecutor's Office (SPO) Girma
Wakjira, stated that investigations involving the remaining 1,500
detainees, as well as some persons previously released on bail, would be
completed by the end of December, at which time they would all be
charged or have their cases dismissed. This deadline, like previous
"deadlines" in 1994 and July 1995, was not met. 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. The Government may eventually charge and try
more than 3,000 defendants. Local court observers believe that the
trials themselves may last 3 to 5 years.
Professor Asrat Woldeyes, chairman of the AAPO and four other AAPO
leaders were convicted in 1994 for involvement in a 1993 meeting in
which plans for armed activities against the Transitional Government
were allegedly made. Asrat was also convicted of "incitement to war" in
connection with a speech he made in 1992. He was sentenced to a total
of 5 years in prison. He currently faces charges stemming from a May
1994 jailbreak in Debre Berhan in which several guards were killed. His
trial on those charges was set to begin in late 1995. Several hundred
AAPO supporters who were detained and subjected to mistreatment in
September 1994 in connection with an unlicensed demonstration at the
High Court in Addis Ababa, were never charged; they were released and
never recalled to court.
Opposition groups allege that some of the 1,700 persons detained by the
SPO, as well as some other detainees, are political prisoners (see
Section 1.d.). The Government denies that it holds political prisoners;
most of the detainees have never been brought to trial.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law requires judicial search warrants, but in practice they are
seldom obtained outside of Addis Ababa. The Government continued a
nationwide campaign to uncover and confiscate unregistered firearms.
Government security officials conducted warrantless searches of private
and commercial vehicles as well as private homes. Some leaders and
supporters of opposition groups allege that they are under surveillance
for expressing antigovernment views. For example, AAPO supporters in
the Debre Berhan area complain of being watched and occasionally brought
into neighborhood government offices for questioning about their
activities.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the Constitution and the 1992 Press Law provide for the right to
free speech and press, the Government often restricted both of these
freedoms in practice.
The Press Law is vague and many journalists complain that it can be
interpreted broadly to target journalists that the Government dislikes.
Many journalists fall victim to provisions of the Press Law concerning
publishing false information or incitement of ethnic hatred. For
example, government security forces arrested 10 journalists in June and
a dozen editors and publishers in November. Many of the detained
journalists were arrested for publishing stories about the Government's
investigation of the attempted assassination of Egyptian President
Mubarak or about the assassination attempt on former DERG leader,
Mengistu Haile Mariam.
Bail for journalists is sometimes set at unreasonably high levels, often
much more than their annual salary. At the end of 1995, 4 journalists
were serving sentences of from 1 to 2 1/2 years, and 11 journalists
remained in detention without charge. At the end of the year, four
journalists were out on bail. Despite the threat of legal action,
however, the press continued to publish antigovernment articles without
any immediate sanction.
The Government continued to deny private journalists access to
government press conferences, calling into question the Government's
affirmations of support for a free press.
Moreover, virtually all government officials refuse to speak to the
private press even to confirm or deny an allegation. However, much of
the private press continues to lack professionalism in its reporting.
To address this issue the Government is developing a training center for
journalists. Toward the end of the year, the Government also took
several important steps to open a constructive dialog with elements of
the private press.
Ethiopians are generally free to discuss publicly any topic they choose,
but those expressing controversial views were vulnerable, if not always
subjected to, government harassment. For example, in March police
arrested and detained briefly a Muslim youth for a speech on Islam as a
legal system. These problems appear more common in rural areas where
most Ethiopians live. Opposition parties and human rights organizations
were able to hold press conferences and public meetings without apparent
retribution.
It is estimated that only about 1 percent of citizens have regular
access to any newspaper and magazine, and citizens outside Addis Ababa
have extremely limited access to the print media. As a result of poor
management, market forces, and government harassment, less than 20
biweekly and weekly papers have published more than a year.
Foreign journalists continued to operate freely often writing articles
critical of government policies. They or their local stringers often
were granted greater access to government officials than were local
journalists.
The Government controls radio, the most influential medium in reaching
rural populations, and the sole television station. Government policies
and views dominate their programming. The Government made efforts to
open the official media to opposition political views prior to the May
elections, and some opposition candidates and parties took advantage of
these opportunities. The Government does not currently allow private
satellite receiving dishes.
In August, following the Ministry of Information's merger with the
Ministry of Culture, the Government announced that the official press
would be "autonomous" from the new Ministry. The Government established
a task force to work on a national information policy. Government media
reporters practice self-censorship; but covered both government and
opposition candidates during the election. The official media attempted
to make space and broadcast time available and even proposed working
with the candidates through the National Election Board (NEB), to
improve their broadcast presentations.
The Government restricts academic freedom. Students at Addis Ababa
University are not allowed to engage in political activity or
associations on campus, and faculty members remain cautious about
political involvement in the wake of the 1993 dismissal of 41 faculty
members. In 1995 the teachers won a lawsuit against the university for
procedural irregularities associated with their summary dismissal. The
court granted 9-months' back pay but found that it did not have
jurisdiction to consider their request for reinstatement. As a result
of a nonviolent student demonstration in December, the Government
encouraged students to set up a representative committee to articulate
their grievances on living conditions and academic quality.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly, freedom of
association, and the right to engage in unrestricted peaceful political
activity. However, the Government has used legal instruments to
restrict these rights. Organizers of political meetings or
demonstrations must notify the Government in advance and obtain a
permit.
In mid-August the Relief and Rehabilitation Commission (RRC) announced
the revocation of registration certificates for some 47 indigenous and
international nongovernmental organizations (NGO's) for failure to
adhere to terms of their registration agreements. However, with the
installation of the new Government the procedures for registration were
changed, and primary responsibility for registration of NGO's was
shifted to the Ministry of Justice (MOJ). As of late 1995, the MOJ had
yet to finalize procedures for NGO registration. The Ethiopian Human
Rights Council (EHRCO), which the Government and many observers believe
to be primarily a political organization, has been denied registration
as an NGO for the past 3 years.
The Government requires political parties to register with the NEB.
Parties that do not participate in two consecutive national elections
are subject to deregistration. As of mid-1995, there were 60 organized
political parties, 44 of which had received registration certificates
from the NEB. Of these, 53 are regional parties, and 7 are national.
Several opposition groups complained of NEB procedural irregularities
which served to limit party registration with the NEB prior to the May
elections. In at least one case, however, the Government ignored vocal
objections by one of its affiliated parties and permitted a key
opposition group to contest the elections even though that group was not
formally registered with the NEB.
Credible reports from some regions indicated that local officials
sometimes harassed and restricted the activities of opposition political
activists. For example, 12 members of the Omo People's Democratic Union
were detained for 10 months in Jinka on questionable evidence in a move
widely believed to preclude their participation in regional elections.
Similarly, credible reports indicate that ethnic Nuer candidates of the
Gambela People's Democratic Unity Party (GPDUP) were denied registration
in Gambela.
c. Freedom of Religion
The Constitution provides for freedom of religion, including the right
of conversion, and freedom of worship exists in practice.
On February 21, a violent riot broke out at the Grand Anwar Mosque in
Addis Ababa leaving 9 people dead and dozens injured. The incident was
apparently caused by a rift in the Supreme Islamic Council over the
leadership of the Council and the planning for the upcoming Id Al Fetir
holiday marking the end of Ramadan. Police response to the riot was
remarkably measured, largely relying on the use of crowd control
techniques instead of gunfire. The Government responded by briefly
closing all the mosques in the city and arresting more than 2,000
people, among them 30 Muslim religious leaders. The mosques were
reopened after 2 days in time for Id Al Fetir, and over 90 percent of
those initially arrested were released by that time. At the end of the
year, the Government continued to hold, but has not charged, about 30
Muslim activists believed to be members of an extremist "jihad"
movement.
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 Constitution.
Citizens may freely change their residence or workplace. Citizens and
residents of Ethiopia are required to obtain an exit visa before
departing the country; exit visas are issued routinely, except for
persons with pending court cases or debts.
All Ethiopian Jews (Falashas, Beta Israel) who wanted to leave Ethiopia
for Israel are believed to have departed. The status of the estimated
several thousand Feles Mora (Ethiopians who claim forced conversation to
Christianity from Judaism in the past hundred years but have not been
accepted as Jews by the Israeli Rabbinate) remains unresolved. Israel
is handling Feles Mora applications on a case by case basis, and the two
Governments have agreed to grant aout 100 visas a month for family
reunification.
According to the UNHCR and to foreign diplomats, the Government 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 was exercised for the first time in Ethiopian history in May.
However, most opposition groups chose to boycott the elections, despite
a widespread finding that opposition participation was possible.
Boycotting parties claimed that the Government impeded their ability to
participate in the political process. Concerted efforts by Western
governments to promote dialog and political reconciliation between the
Government and several key opposition groups through the spring were not
successful. Nevertheless, observers organized by Western donor
governments, the Organization of African Unity (OAU), and a coalition of
indigenous NGO's judged the elections to be generally free and fair,
though numerous irregularities were cited.
As a result of the boycott by some opposition parties, the election was
largely noncompetitive, ensuring an overwhelming victory by candidates
of the better funded and better organized EPRDF over candidates of the
relatively weak and poorly organized opposition parties and independent
candidates. The Government of the Federal Democratic Republic of
Ethiopia officially took power in late August. Prime Minister Meles
Zenawi leads the new Government, as he did as President of the TGE.
The opposition Ethiopian National Democratic Party (ENDP) fielded 85
candidates nationwide, one of whom, Yusef Ahmed Siraj, was elected from
Dessie. Leading up to the election, there were credible reports of
EPRDF harassment of some opposition party members and independent
candidates, especially outside Addis Ababa. ENDP candidates who were
campaigning in the Awassa and Dilla areas were reportedly stoned and
assaulted by people believed to represent local authorities. The
Government and the NEB made credible attempts to investigate abuses when
informed of their occurrence. Serious attempts were also made to
provide registered candidates access to official media.
Political participation remains closed to a number of organizations
which have not renounced violence and do not accept the FDRE 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 or
minorities in politics. Although by historical standards women's status
and political participation is greater than ever before, women are
underrepresented in the FDRE Council of Ministers and among the
leadership of all political organizations. Only 1 of the 15 members of
the FDRE Council of
Ministers is a woman; 1 other woman holds 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, Ethiopia's only self-proclaimed
human rights monitoring organization, continues to operate without legal
status as an NGO because the Government and other observers consider it
a political organization.
Other human rights organizations include the Ethiopian Human Rights and
Peace Center, affiliated with the law faculty at Addis Ababa University,
the Ethiopian Congress for Democracy, Action Professionals Association
for the People, the Ethiopian Women Lawyers Association, and the Inter-
Africa Group. These groups are primarily engaged in civic and human
rights education, legal assistance, and trial monitoring.
The FDRE allows visits by the ICRC and international human rights groups
and permits them to operate and travel freely, although prior approval
is required for prison visits. International human rights groups and
foreign diplomats have been encouraged to observe the war crimes trials
which began in December 1994. A representative from Human Rights
Watch/Africa Watch spent 20 days in Ethiopia in May and June to examine
the issues surrounding the SPO trials. The Government has been slow to
investigate and address specific human rights concerns, although
security authority officials have generally been responsive to requests
for information. However, the Government and some prominent
international human rights monitoring organizations, such as Amnesty
International, have failed completely to achieve a constructive dialog,
which has undermined the ability of such groups to verify allegations
and compile an accurate picture of Ethiopia's current human rights
environment.
In June two representatives of the International Commission of Jurists
(ICJ) were turned back upon arrival at Bole International Airport.
Immigration officers noted that neither had an entry visa, both were
carrying multiple passports, and at least one had a name which appeared
on the Government's watch list as a suspected narcotics trafficker. The
ICJ officials claimed that they were invited guests of the OAU and that
airport visas had been arranged by the OAU. The OAU's Office of
Protocol stated that in fact no airport visas had been arranged and that
participants to the OAU summit had been advised to obtain Ethiopian
visas prior to travel.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The 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. The new Government, however, has not yet put
fully into place mechanisms for effective enforcement of these
protections.
Women
The Constitution provides for the equality of women under the law, but
practical application of these provisions has not taken place. Domestic
violence, including wife beating and rape, is a pervasive social
problem. While women theoretically have recourse to the police and the
courts, societal norms inhibit many women from seeking legal redress,
especially women living in remote areas. There is sporadic media
coverage of domestic abuse cases, although the press rarely covers
instances of rape because of the stigma attached to the crime. There
were disturbing reports that some husbands force their wives into
prostitution to supplement family income.
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. The 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 1993 the TGE launched an initiative to promote the
equality of women by changing statutes, by including women's concerns in
the Government's development planning, and by establishing women's
affairs desks in each of the ministries.
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 continues to be a serious problem.
Almost all girls undergo some form of female genital mutilation (FGM),
which is widely condemned by international health experts 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. FGM is not illegal
in Ethiopia, although it is officially discouraged, and the Government
has been very supportive of the National Committee on Traditional
Practices in Ethiopia which is dedicated to eradicating FGM. Early
childhood marriage is prevalent in rural areas with girls as young as
age 9 being party to arranged marriages. Ethiopia has an extremely high
maternal mortality rate, partially due to food taboos for pregnant
women, early marriage, and birth complications related to FGM,
especially from infibulation.
There is an ever increasing number of street children in Addis Ababa.
Either orphaned or homeless, these children beg, sometimes as part of a
"gang," in order to survive. Government run orphanages are unable to
handle the number of street children and younger children are often
abused by older children. There are credible reports of children being
maimed or blinded by their "handlers" in order to raise their earnings
from begging. Abandoned infants are often overlooked or neglected at
hospitals and orphanages, and those children found to be HIV positive
are taken to an Addis Ababa orphanage where very limited medical care is
available.
People with Disabilities
There is no legally sanctioned discrimination against people with
disabilities in Ethiopia. The Constitution stipulates that the State
shall allocate resources to provide rehabilitation and assistance to the
physically and mentally disabled. Cultural attitudes toward the
disabled are often negative, and even people with minor disabilities
complain of rampant job discrimination. The Government does not mandate
access to buildings or government services for persons with
disabilities. In 1994 the Council of Representatives passed a law
mandating equal rights for the disabled, but the Government has not yet
put into place mechanisms to enforce this law. An official at the
Rehabilitation Agency estimated that, partly as a result of the long
civil war, there are more than 5 million disabled people in Ethiopia out
of a population of roughly 55 million.
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. Some ethnic groups, such as Oromos, the
largest single group, claim to have been dominated for a least a century
by the Amharas and Tigrayans. In an attempt to rectify this problem,
the
Government has supported the establishment of a federal system and in
1992 changed regional boundaries to encompass entire (major) ethnic
populations more completely. In some areas, ethnic languages, such as
Oromiffa, are now being taught in local primary schools instead of
Amharic. There is some evidence of discrimination in employment based
on linguistic ability.
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 and other
cities and towns. Approximately 85 percent of the work force lives in
the countryside, engaged in subsistence farming.
The Constitution and the 1993 Labor Law provide most workers with the
right to form and join unions and engage in collective bargaining, but
only about 250,000 workers are unionized. Employees of the Civil and
Security Services (where most wage earners 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 1993. CETU
includes nine federations organized by industrial and service sector
rather than by region. In December 1994, the Government decertified
CETU following a 30-day probationary period given to permit CETU to
resolve internal disputes. In 1995 CETU offices remained closed despite
a court ruling that the CETU closing was improper. The law stipulates
that a trade organization may not act in an overtly political manner.
The 1993 Labor Law explicitly gives workers the right to strike to
protect their interests, but it also sets forth many restrive procedures
which apply before a legal strike may take place. These apply equally
to an employer's right to lock out workers. Strikes must be supported
by a majority of the workers affected by the decision. The 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 FDRE 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.
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
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 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 Constitution proscribes slavery, which was officially abolished in
1942, and involuntary servitude. The Criminal Code specifically
prohibits forced labor unless 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 years. Children between the ages of 14 to 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., work on
public holidays or rest days, 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 minimum wage in the private sector. 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 $16.80 (105 et birr) per month, which is insufficient to provide a
decent standard of living for a worker and family. According to the
Office of the Study of Wages and Other Remunerations, a family of five
requires a monthly income of $62.40 (390 et birr), thus even with two
minimum wage earners a family receives only about half the income needed
for healthful subsistence.
The legal workweek, as stipulated in the 1993 Labor Law, is 48 hours, 6
days of 8 hours each, with a 24-hour rest period. However, in practice,
most employees work a 40-hour workweek, 5 days of 8 hours each.
The FDRE, 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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