A/HRC/44/49/Add.1
legislation explicitly recognizes that Anti-Terrorism Proclamation No. 652/2009 had
produced a negative effect on the rights and freedoms of individuals. However, he remains
concerned by some provisions of the new law that may hinder freedom of expression. In
June 2019, the Special Rapporteur, together with the Special Rapporteur on the rights to
freedom of peaceful assembly and of association, the Special Rapporteur on the right to
privacy, the Special Rapporteur on freedom of religion or belief and the Special Rapporteur
on the promotion and protection of human rights and fundamental freedoms while
countering terrorism, raised concerns about the definitions of “terrorism” and “incitement”
contained in the new law, which he considers to have the potential to stifle legitimate
expression. 11 Moreover, the Special Rapporteur is concerned at the harsh punishment
provided in the law, which allows for a minimum of 15 years and up to life in prison or
even the death penalty. While noting that some safeguards have been put in place to protect
the expression of political dissent, the Special Rapporteur urges the Government to
reconsider this provision in light of the previous law’s role in arresting and detaining
opposition leaders and journalists exercising legitimate forms of expression. Facing the
possibility of capital punishment may have an extreme chilling effect on the work of these
individuals. The death penalty has long been regarded as an extreme exception to the
fundamental right to life and must therefore be interpreted in the most restrictive manner.
The Special Rapporteur refers to Human Rights Committee general comment No. 36 (2018)
on the right to life, in which the Committee made it clear that any such sanctions could only
be imposed for the most serious crimes, and that they must be read restrictively and be
subject to a number of strict conditions, notably respect for the fair trial guarantees
provided for in article 14 of the International Covenant on Civil and Political Rights. In fact,
the Special Rapporteur has concerns over certain provisions of the new law and warns
against it being used in a similar manner to its predecessor.
28.
Further, the Special Rapporteur is seriously concerned by reports received that
individuals continued to be arrested under the 2009 law while the Government was working
on the new legislation. During the visit, the Government confirmed the use of the 2009 law
during the reform process, including against members of the political opposition and
against journalists following the Amhara Region coup plot of June 2019. Several
interlocutors that the Special Rapporteur met expressed worry at the use of this restrictive
legislation while the successor legislation was under discussion, which they consider
eroded public confidence in the reform process. The Special Rapporteur calls upon the
authorities to ensure that the new law is strictly applied to the crime of terrorism and that
surveillance is constrained by law and subjected to independent, preferably judicial,
oversight.
B.
Confronting intolerance and discrimination
29.
Throughout the visit, interlocutors repeatedly raised concerns about the threat of
ethnic division and intolerance. Many expressed grave concern that such divisions could
lead to violence and thus threaten Ethiopia’s ongoing reform, undermine social and political
stability, and trigger massive internal displacement. Although the new administration
acknowledges the need for deep change, several interlocutors raised concerns that police
forces continued to employ the same tactics in the face of demonstrations and clashes.
National police authorities assured the Special Rapporteur of the Government’s
commitment to managing demonstrations in accordance with international standards. Both
the federal and regional governments must work to prevent violence, but they should do so
while protecting and promoting the independent voices of activists and journalists.
30.
The introduction of social media to the country’s political discourse has amplified
the voices of many, facilitating freedom of expression. At the same time, the country has
witnessed several tragedies in response to the amplification of misinformation and fear. The
need to counter what many consider “hate speech” and various forms of disinformation in
the media, including the print and broadcast media and digital and social media, took on
heightened immediacy and gravity as they became entangled with violence and tragic loss.
11
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?
gId=24664.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents