Wikipedia

Ethiopian Human Rights Commission

Not to be confused with theEthiopian Human Rights Council(EHRCO), an Ethiopian non-governmental organisation.
For the England and Wales body, seeEquality and Human Rights Commission.

TheEthiopian Human Rights Commission(EHRC) (Amharic:የኢትዮጵያ ሰብዓዊ መብቶች ኮሚሽን) is anational human rights institution(NHRI) established by theEthiopian government.The EHRC is charged with promotinghuman rightsand investigating human rights abuses in Ethiopia. The EHRC states organizational independence as one of its values.[1]In October 2021, the EHRC's rating by theGlobal Alliance of National Human Rights Institutionsfor operation in accordance with theUNParis Principleswas upgraded from grade B (partial compliance) to grade A (full compliance).[2][3]

Ethiopian Human Rights Commission
የኢትዮጵያ ሰብዓዊ መብቶች ኮሚሽን
AbbreviationEHRC
Formation2000
TypeIndependent agency
HeadquartersAddis Ababa, Ethiopia
Chief Commissioner
Daniel Bekele
Staffapproximately 90 (in 2019)
Websiteehrc.org

Creation

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Mandated by provisions in the1995 Constitution(article 55),[4]the Ethiopian Human Rights Commission was legally established on 4 July 2000 as an autonomous body accountable to theHouse of Peoples' Representatives(HoPR), the lower house of the Ethiopianfederal parliament.[5]In 2004, Parliament appointed the EHRC's first Chief Commissioner.[6][7]

Leadership and structure

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During 2017 and 2018,Addisu Gebre Egziabherwas the head (Chief Commissioner) of the EHRC.[8][9]

In February 2019,Daniel Bekele,a formerAmnesty Internationalprisoner of conscience,[10]director atHuman Rights Watchand a frequent critic of the EHRC, was appointed as the new chief commissioner and charged with its reform.[11]

From July 2020 to November 2021, Aaron Maasho, a researcher and journalist, was the EHRC's director of communications. From March 2021 to February 2022, Martin Witteveen, a legal expert in international criminal law, was one of EHRC's managing investigators.[12]

Independence

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Under Proclamation No. 210/2000 establishing the EHRC, Article 13 states that the Chief Commissioner is accountable to the HoPR, not to the federal government of Ethiopia. Removal of the Chief Commissioner requires, under Article 17, the creation of aSpecial Inquiry Tribunalcomposed of members of the HoPR, of theHouse of Federation(HoF) and the vice-president of theFederal Supreme Court.Under Article 35, appointees and investigators of the EHRC have immunity against detention and arrest, except when caught red-handed (in flagrante delicto) for a serious offence, or with the permission of the HoPR or the Chief Commissioner. Article 40 establishes non-answerability fordefamationfor complainants to the EHRC and for EHRC reports.[5]

In 2019,Amnesty Internationaldescribed the EHRC as lacking independence and serving government interests rather than providing accountability for abuses.[6][13]

As of November 2019,the EHRC paid low salaries. The chief commissioner earned an after-tax salary ofUS$270 per month, typical for Ethiopian civil servants. Spending of theUS$3 million annual budget required approval by the Ministry of Finance, which was seen as a constraint on the EHRC's autonomy. The EHRC received hundreds of complaints monthly in 2019, but could only investigate a small percentage due to its lack of talented staff and budgetary autonomy.[14]

According toThe Guardian,afterDaniel Bekeletook over as leader of the EHRC in early 2019, he strengthened the EHRC's capacities and independence, making it "into something approaching a proper watchdog". Improvements included greater independence in selecting commissioners and employing and dismissing staff, while commissioners had earlier mostly consisted of ruling party members. The EHRC gained more power in making unannounced visits to prisons, and getting more access for lawyers and family members to political prisoners.[15]

In response to the EHRC's November 2020 report on theMai Kadra massacre,there was a "growing perception among Tigrayans" that the EHRC was biased in favour of the federal government's view of the massacre. Daniel stated that "at the time we did not have enough information to document and report on" attacks against Tigrayans during the massacre. The EHRC's March 2021 report on theAxum massacre"provoked outcry among Ethiopian and Eritrean government supporters", according toThe Guardian.TheAttorney General's office initially claimed that the victims killed in Axum wereTigray People's Liberation Frontfighters rather than civilians, while later "conceding" that 40 of the victims were civilians. Daniel stated that "a good number of officials" reacted constructively to the report, while "some" were "very dismissive". Ethiopian officials claimed that EHRC reports on detention conditions inOromiawere "biased and unbalanced" in May 2021.[15]

In June 2021, Daniel described his vision for the independence of the EHRC, stating, "state institutions in Ethiopia have a history of not being independent or impartial, but on the other hand we have started a process of trying to build independent institutions and I believe the Ethiopian human rights commission is one of them".[15]

In October 2021, theGlobal Alliance of National Human Rights Institutionsupgraded the Ethiopian Human Rights Commission from its previous status of "B",[16]partial compliance with theParis Principles of human rights standards,to "A" status, full compliance.[2][3]

In February 2024, Aaron Maasho and Martin Witteveen, who held responsibilities in the EHRC during 2020–2022, stated in relation to theEHRC–OHCHR Tigray investigationthat "the EHRC senior leadership was prone to downplaying the Ethiopian military's crimes and skilled at systematically obscuring them".[12]

Investigations

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2020

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30 June–2 July 2020 Hachalu Hundessa riots

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Main article:Hachalu Hundessa riots

The EHRC published its full report on theHachalu Hundessa riotson 1 January 2021.[17]It found that part of the killings were acrime against humanity,with deliberate, widespread systematic killing of civilians by organised groups in 40 different locations over the three days of 30 June–2 July 2020. The EHRC counted 123 deaths, 76 of which it attributed to security forces. The EHRC found that security forces successfully prevented attacks in some places, failed to prevent them in others, and appeared to have used excessive lethal force. The EHRC called for regional and federal government investigations, judicial proceedings and institutional development to prevent the recurrence of similar events.[18]

November: Konso Zone

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During 21–25 November, the EHRC investigated conflict in theKonso Zonethat had taken place during 10–21 November. It found that 66 people had been killed, 39 injured, 100,000 displaced and houses and other property had been burnt. The people interviewed by the EHRC gave numerous, conflicting accounts attributing responsibility for the violence. The EHRC saw contributing factors to the violence as including unmet popular demand for administrative changes, border conflicts and competition for the use of natural resources. The EHRC made recommendations to authorities for solving the conflict. The EHRC commented thatEthiopian National Defence Force(ENDF) soldiers had left the area on 31 October.[19]

November: Mai Kadra massacre

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Main article:Mai Kadra massacre

On 24 November 2020, the EHRC released its preliminary report on theMai Kadra massacrethat took place during the 2020–2021Tigray War,after visiting Mai Kadra to collect evidence. EHRC's preliminary findings were that 600 people of Amhara ethnicity were killed by local Tigrayan youth with the support of local police.[20]

December: Metekel massacre

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Main article:Metekel massacre

The EHRC collected evidence following the 23 December 2020Metekel massacre.The EHRC found that many of the victims wereShinashaand that survivors knew the perpetrators "by name and sight". The EHRC described the massacre as a "sign of a severe decline of human rights protections" and criticised the authorities for the departure of theEthiopian National Defense Force(ENDF) from the area of the massacre on the preceding day.[21]

2021

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December/January: Humera, Dansha and Bissober

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See also:Tigray War

In January 2021, the EHRC published a brief monitoring report onHumera,Danshaand Bissober, based on its 14–18 November 2020 visit to Dansha, Humera andMai Kadra,its 15–20 December visit to Dansha andGondar,and its 31 December–5 January 2021 visit to Bissober andUllaga.[22]

A Humera hospital employee informed the EHRC that 92 people from the ENDF and TPLF and civilians were killed in the war. Security was mainly controlled by Amhara Liyu Hayl and militia. Looting byFano,Amhara Liyu Hayl and militia, and ENDF andEritrean Defence Forces(EDF) soldiers was reported. Harassment of ethnic Tigrayan residents was reported.[22]

In Dansha, the EHRC estimated the number of civilians killed as 25, without details such as identity and place of burial. Residents of Dansha stated that the deaths occurred during crossfire. Ethnic Tigrayan residents stated that security had improved at the time of the EHRC's visit, but that they remained afraid of attacks and "retaliation for what happened [in] Mai Kadra". Some regular services had restarted operating as of mid-December, but electricity, water and schools remained unoperational. The EHRC quoted the new interim coordinator of Dansha: "Tigrayans live peacefully in the area, but those residents who felt at risk were provided with transportation to their chosen destinations".[22]

In Ullaga, EHRC members visited trenches that had been dug in the primary school grounds by the TPLF in preparation for war since June 2020, according to residents. The residents counted 31 civilian deaths from three days of fighting, most due to crossfire, some were deliberately killed by soldiers, and others were killed by unidentified people. Bissober residents counted 27 civilian deaths. The EHRC named 21 of theBissobervictims and four of the Ullaga victims. The EHRC documented reports of three people in Bissober executed by the ENDF after being accused of being TPLF informants, and reports of people being beaten for the same reason.[22]

The EHRC agreed with theTransitional Government of Tigraythat a high level of humanitarian assistance was needed.[22]

January: Tigray War

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Main articles:Tigray WarandDebre Abbay massacre

On 10 February, the EHRC published a brief report based on its 10–23 January visit to Mekelle andAlamata,EndamekoniandKukuftoin the Southern Zone of Tigray Region, describing the extensive lack of key infrastructure, the division of Tigray into multiple sectors ofadministrative control,108 cases of rape officially reportedin Mekelle, Adigrat, Wukro and Ayder over two months, a lack of police and health structures where rape victims would normally report the rapes, and summarised cases of child victims of the war and internally displaced people. The EHRC lacked sufficient information to check the numbers ofrefoulement of Eritrean refugeesto Eritrea.[23]

In February 2021, the EHRC said that it was verifying the video of the 5–6 January 2021Debre Abbay massacreand would "investigate the incident" if it judged the video to be authentic.[24]

March: Aksum massacre

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Main article:Aksum massacre

The EHRC visitedAksumin Tigray Region from 27 February to 5 March 2021 during theTigray War,[25]after initial reports of theAksum massacreleaked out to the world in early January.[26]The EHRC conducted interviews with "survivors, 45 families of victims, eyewitnesses and religious leaders", held a group discussion with 20 residents, talks with localkebeleofficials, and discussions with medical staff of the Saint Mary and Aksum Referral Hospitals. In its preliminary report, the EHRC attributed the main part of the massacre, that of the 28–29 November weekend, to theEDF,and stated that it had "gathered evidence" of over 100 victims of the massacre. The EHRC stated that the crimes committed could constitutecrimes against humanity.[25]

August: Galikoma massacre

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Main article:Galikoma massacre

On 10 August, the EHRC deployed a team to Galikoma in theAfar Regionto investigate a massacre that occurred on 5 August and which could be attributable to theTigray Defense Forces.[27]

EHRC–OHCRC Tigray investigation

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Main article:EHRC–OHCRC Tigray investigation

In mid-2021, the EHRC launched ajoint investigationtogether with theOffice of the United Nations High Commissioner for Human Rights(OHCRC) into Tigray War human rights violations committed by all parties.[28][29][30]

Advisory opinions

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In January 2020, the EHRC gave advice to the HoPR on a draft revision of the EthiopianCriminal Procedure Code and Evidence Law.Motivations for the revision of the 1961 code included taking into account the federal Ethiopian system and regional and international treaties. The EHRC provided a 33-page report with 30 recommendations for improvements on the draft, recommending implementation of the requirements of "precaution, legality, necessity, proportionality and non-discrimination" in the use of force by police to minimisepolice brutality;minimalising the use ofpre-trial detention;accountability to avoidtortureduring interrogations; compensatory procedures for illegal detentions; thepresumption of innocence;procedures forfair trials;accounting for the needs of vulnerable groups throughout policing and judicial procedures; and concerns about traditional judicial systems.[31]

See also

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References

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  1. ^"Mission and Values".Ethiopian Human Rights Commission. Archived fromthe originalon 16 June 2019.Retrieved24 November2020.
  2. ^ab"OHCHR | GANHRI Sub-Committee on Accreditation (SCA)".ohchr.org.Retrieved8 December2021.
  3. ^ab"EHRC thanks its stakeholders for their support in its success in obtaining" A "status reaccreditation".Ethiopian Human Rights Commission - EHRC.7 December 2021.Retrieved8 December2021.
  4. ^"ICL > Ethiopia > Constitution".servat.unibe.ch.Retrieved24 December2020.
  5. ^ab"Proclamation No. 210/2000 Ethiopian Human Rights Commission Establishment Proclamation"(PDF).Federal Negarit Gazeta.4 July 2000.Archived(PDF)from the original on 22 October 2016.Retrieved6 January2021.
  6. ^ab"Skirting Human Rights Violations: Recommendations for Reform of the Ethiopian Human Rights Commission"(PDF).Amnesty International.Archived(PDF)from the original on 3 May 2020.Retrieved24 November2020.
  7. ^"Who we are - Ethiopian Human Rights".24 December 2018. Archived fromthe originalon 24 December 2018.Retrieved24 December2020.
  8. ^"Message from his excellence Addisu G/egziabher (Phd) Chief Commissioner of Ethiopian Human Rights Commission – Welcome to the Ethiopian Human Rights Commission web portal!!!".Ethiopian Human Rights Commission.27 July 2018. Archived fromthe originalon 27 July 2018.Retrieved2 January2021.
  9. ^"Message from his excellence Addisu G/egziabher (Phd) Chief Commissioner of Ethiopian Human Rights Commission – Welcome to the Ethiopian Human Rights Commission web portal!!!".Ethiopian Human Rights Commission.31 August 2017. Archived fromthe originalon 31 August 2017.Retrieved2 January2021.
  10. ^"Further Information on UA 299/07 (AFR 25/027/2007, 09 November 2007, AFR 25/001/2008, 9 January 2008) – Prisoner of conscience"(PDF).Amnesty International.1 April 2008.Archived(PDF)from the original on 25 March 2020.Retrieved9 January2021.
  11. ^Alfa Shaban, Abdul Rahman (7 February 2019)."Ethiopia appoints top rights advocate as head of human rights body".Africanews.Retrieved24 November2020.
  12. ^abAaron Maasho; Martin Witteveen (27 February 2024)."Ethiopia's Reconciliation Policy Is a Farce".Foreign Policy.ISSN0015-7228.WikidataQ124680868.Archivedfrom the original on 27 February 2024.
  13. ^"Ethiopia: Human Rights Commission must be reformed to correct miscarriage of justice".Amnesty International.17 June 2019.Retrieved24 November2020.
  14. ^Giulia, Paravicini (17 November 2019)."Ethiopian human rights Boss battles scant resources".Reuters.Retrieved24 November2020.
  15. ^abc"Ethiopia's human rights chief as war rages in Tigray: 'we get accused by all ethnic groups'".The Guardian.2 June 2021.Archivedfrom the original on 2 June 2021.Retrieved4 July2021.
  16. ^"Chart of the status of national institutions"(PDF).Global Alliance of National Human Rights Institutions.20 January 2021.Archived(PDF)from the original on 15 July 2021.Retrieved8 December2021.
  17. ^Ethiopian Human Rights Commission (31 December 2020).""መንግሥት ያለ አይመስልም ነበር" – የአርቲስት ሃጫሉ ሁንዴሳ ግድያን ተከትሎ በተከሰተው የፀጥታ መደፍረስ ምክንያት የተፈጸሙ የሰብአዊ መብቶች ጥሰት ምርመራ ሪፖርት "[ "The government did not seem to exist" – Report on the investigation of human rights violations in relation to the assassination of Hachalu Hundessa](PDF).Addis Standard(in Amharic).Archived(PDF)from the original on 2 January 2021.Retrieved2 January2021.
  18. ^"News Analysis: 123 people killed in June-July unrest, 76 by security forces; attacks constitute elements of crime against humanity: Ethiopia Rights Commission".Addis Standard.1 January 2020.Archivedfrom the original on 2 January 2021.Retrieved2 January2021.
  19. ^"News: 66 killed in recurring conflict in Konso; IDPs, victims require urgent attention: Rights Comission [sic] ".Addis Standard.25 December 2020.Archivedfrom the original on 26 December 2020.Retrieved26 December2020.
  20. ^"Rapid Investigation into Grave Human Rights Violation Maikadra - Preliminary Findings".Ethiopian Human Rights Commission.24 November 2020.
  21. ^"News: Ethiopia Rights Commission says attack in Benishangul Gumuz 'sign of severe decline' of rights protection, primary duty of government".Addis Standard.24 December 2020.Archivedfrom the original on 26 December 2020.Retrieved26 December2020.
  22. ^abcde"Situation of Civilians in Humera, Dansha, and Bissober - Brief Monitoring Report".Ethiopian Human Rights Commission.17 January 2021.
  23. ^"Current Situation of Residents in Tigray Region - Brief Monitoring Report".Ethiopian Human Rights Commission.11 February 2021.
  24. ^Zelalem, Zecharias (19 February 2021)."'You should have finished off the survivors': Ethiopian army implicated in brutal war crime video ".The Daily Telegraph.Archivedfrom the original on 19 February 2021.Retrieved19 February2021.
  25. ^ab"Investigation into Grave Human Rights Violations in Aksum - Preliminary Findings".Ethiopian Human Rights Commission.24 March 2021.
  26. ^"Situation Report EEPA HORN No. 53 – 12 January 2021"(PDF).Europe External Programme with Africa.12 January 2021.Archived(PDF)from the original on 12 January 2021.Retrieved13 January2021.
  27. ^Press Release by Ethiopian Human Rights Commission, 10 August 2021
  28. ^Nichols, Michelle (18 March 2021)."U.N. rights chief agrees to Ethiopia request for joint Tigray inquiry".Thomson Reuters.Archivedfrom the original on 4 July 2021.Retrieved5 July2021.
  29. ^"Ethiopia: The Office of the United Nations High Commissioner for Human Rights and the Ethiopian Human Rights Commission to conduct a joint investigation with a view to a credible accountability process".OHCRC.25 March 2021.Archivedfrom the original on 4 July 2021.Retrieved5 July2021.
  30. ^Sahlu, Sisay (15 May 2021)."Joint team to start investigation in Tigray".The Ethiopian Reporter.Archivedfrom the original on 4 July 2021.Retrieved5 July2021.
  31. ^Mekonnen, Siyanne (14 January 2021)."News Analysis: Rights Commission recommends several changes to improve draft Criminal Procedure Code".Addis Standard.Archivedfrom the original on 15 January 2021.Retrieved15 January2021.
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