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Ethiopia’s UPR Report: CSOs Call Out Whitewash as Deadline Looms

Nardos YosephbyNardos Yoseph
August 3, 2024
Ethiopia’s UPR Report: CSOs Call Out Whitewash as Deadline Looms
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With a new United Nations Universal Periodic Review (UPR) report due in August, Ethiopia has drafted its latest human rights report to be submitted for a peer review. Civil society is on high alert. They warn that the government may once again whitewash its record of abuses. Ethiopia has a long history of rejecting civil and political rights recommendations from UN Universal Periodic Review (UPR) examiners. It has a record of receiving hundreds of recommendations for improvement in each UPR cycle.  Some CSOs are now sounding the alarm.

The UPR, established in 2006 by the United Nations General Assembly, mandates a peer review of each UN member state’s human rights records every four and half years. On August 5th, Ethiopia’s turn comes again, and the stakes are high.

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Civil society organizations argue that the draft report, prepared by the National Human Rights Action Plan Coordination office under the Ministry of Justice, downplays severe human rights abuses while highlighting government efforts. This claim is echoed by various UN Agencies operating in Ethiopia, local Civil Society Organizations, and the Ethiopian Human Rights Commission, all of whom have received the draft slated for review.

The government’s UPR draft report, a 50-page document, is organized into thematic topics: extrajudicial killings, torture and cruel, inhumane or degrading treatments, sexual and gender-based violence, arbitrary arrests and detention, limitations on freedom of opinion and expression, internally displaced persons, accountability and justice, and cooperation with human rights mechanisms.

As the UPR review approaches, the differing perspectives of the government and civil society organizations underscore the contentious nature of Ethiopia’s human rights record. The outcome of the review remains to be seen.

The UPR rules offer CSOs the right to submit their own alternative reports for consideration by the 47 participating peer review countries.

Accordingly, some CSOs are actively engaging with UN reviewers to highlight their concerns. One among them is the Ethiopian Human Rights Defender Center. In collaboration with the East and Horn of Africa Human Rights Defender network and CIVICUS, it has already submitted its own report to the UPR process, preceding the government’s submission.

Yared Hailemariam, executive director of the center, told the Reporter Magazine that they based their report on recommendations from the previous UPR.

These recommendations encompassed a wide range of issues, including civic space, ending the imprisonment of journalists, freedom of expression, the right to association, and the right to peaceful demonstrations.

“Ethiopia’s situation in the aforementioned areas has deteriorated significantly compared to four years ago. Consequently, we have called on the relevant UN office to strongly urge the Ethiopian government to address these worsening human rights conditions,” Yared emphasized.

Tesfalem Berhe, director of Human Rights First Ethiopia, echoes this assessment, contending that the human rights situation in the country has sharply worsened since the last review. “Against all human rights parameters, conditions in Ethiopia have deteriorated over the past four years,” he said in an interview with The Reporter Magazine.

He pointed out that since the last review in 2019, the number of internally displaced persons (IDPs) has skyrocketed, driven by ongoing conflicts in regional states like Oromia and Amhara. “Just last week, more than 10,000 people were displaced from western Gondar in Amhara State,” he addedduring the interview conducted in mid- July.

The federal government’s draft asserts that Ethiopia has taken steps to address gross human rights violations linked to the war in northern Ethiopia through two ad-hoc organizations: the Inter-ministerial Task Force (IMTF) and the Investigation and Prosecution Committee (IPC). The IPC claims to have collected 10,069 witness testimonies, including 500 from the Afar regional state and the remainder from Amhara.

Back in 2019, the UPR recommended that the government tackles the IDP crisis by facilitating voluntary, safe, informed, and dignified returns. However, Tesfalem noted that new displacements have continued and that returning IDPs face grim conditions.

“They are going back to areas where the risk of renewed violence looms large,” he said.

Tesfalem further criticized the government’s UPR draft report for omitting detailed accounts of human rights violations documented by various groups. Instead, the report emphasizes supposed corrective measures. “These people have lost everything and are returning with nothing,” he said. “Inadequate humanitarian aid delivery compounds the issue.

A country can choose to accept, consider, or reject UPR recommendations. Acceptance generally signals a government’s commitment to improving human rights, while repeated rejections can indicate a contrary stance.

Ethiopia has a record of rejecting recommendations related to civil and political rights.

Nebiyu Tedla(Amb.), Spokesperson of the Ministry of Foreign Affairs, stated, “We will examine their adoptability considering the country’s laws, culture, and overall conditions. We will accept recommendations that benefit our country and treat the rest accordingly. But we will not necessarily accept all recommendations.”

One aspect the UPR draft reportedly ignores, according to civil society groups, is the joint report by Human Rights Watch (HRW) and Physicians for Human Rights (PHR). This report details substantial displacement events over the past four years in the Amhara, Oromia, and Tigray regions, as well as the Sheger City Administration, which surrounds Addis Ababa.

The joint report highlights, for instance, the June 2022 massacre of several hundred Amhara civilians in western Oromia and Benishangul Gumuz. This, according to the UN Office for the Coordination of Humanitarian Affairs, led to the displacement of at least 4,800 people in Tolealone, and over 500,000 across western Oromia due to the conflict.

An official from the National Human Rights Action Plan Coordination Office, speaking anonymously, claimed that the draft report addresses 270 out of 327 recommendations Ethiopia received during the last UPR peer review. The official refrained from providing detailed information.

The draft report claims that “judicial reforms are underway to fulfil human rights obligations” and notes the relaxation of laws deemed repressive, including the Anti-terrorism Proclamation, Media Law, and legislation governing civil society organizations and elections.

Yet, there is skepticism about these reforms.

In February 2019, David Kaye, the then UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, criticized the Anti-terrorism Proclamation for its broad scope.

Although amended four years ago, a lawyer speaking anonymously noted that arbitrary arrests have surged since the amendment. He alleged that “Arbitrary arrests have become the norm in the past four years, with suspects detained for periods far longer than warranted by law,” he said, adding, “Law enforcement officials have detained people and demanded money for their release.”

The lawyer also contested the government’s claim of advancing freedom of expression, arguing that “The right to freedom of opinion and expression is increasingly tied to one’s attitude toward the government. Exercising this right while holding opinions critical of the government is becoming impossible,” he said.

A critical question arises: What are the consequences for a country that receives numerous recommendations but fails to implement them? If a nation’s UPR score persistently remains low, what impact does this have? The effectiveness and influence of the UPR process itself remain subject to debate.

In fact, a low review score does not automatically lead to immediate and direct consequences for a government, as the UPR is designed as a constructive evaluation process.

While the specific review score assigned by member states may not directly impact a country, Yared contends that the UPR report indirectly influences its diplomatic and economic standing. He argues that representatives in Geneva closely monitor these reports, and many nations prioritize a country’s UPR record when forging diplomatic and business relationships.

If a country consistently rejects recommendations and its human rights situation deteriorates significantly, the UN may appoint a special rapporteur. According to Yared, this is generally not seen as advantageous for the affected country. Ethiopia’s neighbors, Eritrea, Somalia, Sudan, and South Sudan, currently have special rapporteurs assigned to them.

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Nardos Yoseph

Nardos Yoseph

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