A/HRC/44/49/Add.1
Peoples’ Rights has enunciated the importance of information through its adoption of the
Declaration of Principles on Freedom of Expression in Africa: “Public bodies hold
information not for themselves but as custodians of the public good and everyone has a
right to access this information, subject only to clearly defined rules established by law.”
Under article 29 of the Constitution of Ethiopia, the State must provide individuals with the
opportunity to have access to information of public interest. Similarly, the Proclamation on
Freedom of the Mass Media and Access to Information ensures the establishment of
“mechanisms and procedures to give effect to that right in a manner which enables persons
to obtain information as quickly, inexpensively and effortlessly as is reasonably possible”.
Notwithstanding the important role of the Ombudsman in providing information to the
public, it appears that the Government could do more to inform the public and to support
the exercise of this basic right.
44.
The practical benefits of access to information are to strengthen society as a whole.
Democracies cannot function effectively if journalists – and consequently the general
population – are kept unaware of key decision-making; the public must remain the ultimate
regulator of good governance and accountability. The exposure of prison management in
Ethiopia exemplifies the immense power of an informed public. Torture was systematically
employed by a number of Ethiopian prison officials over the past couple of decades, yet
very few members of the public were aware of the mass atrocities being committed. 16 In
2011, the Committee against Torture expressed deep concern about “numerous, ongoing
and consistent allegations concerning the routine use of torture by the police, prison officers
and other members of the security forces, as well as the military, in particular against
political dissidents and opposition party members, students …”17 Only after the release and
confirmation of this information did the public engage in open debate. Consequently, the
Ethiopian prison system entered into deep reform, and numerous perpetrators were able to
be convicted. Furthermore, activities such as corruption can better be exposed by having
public information be not only available but expected.
45.
With these repercussions in mind, the Special Rapporteur urges the Government to
implement and streamline methods for delivering all public information. Officials must be
aware of what information the public is entitled to and of the requirement that this
information be easily accessible. The Special Rapporteur would like to draw special
attention to this issue in connection with the next elections. He recalls that under article 21
of the Universal Declaration of Human Rights, “the will of the people shall be the basis of
the authority of government”, but without an informed electorate, an election can never be
declared democratic or fair.
46.
Lastly, the international community should actively support efforts made to achieve
journalistic independence and freedom of expression, and, where appropriate, with political
and financial contributions. While the Government has been bold in its reform initiatives,
and the energetic re-emergence of the media has been nothing short of excellent, Ethiopia
could benefit greatly from international support directed at the advancement and expansion
of the entire profession. Many of the hurdles that Ethiopia faces stem from a lack of
capacity; from technical operations to general media literacy, targeted educational measures
could cement the foundations of an entire country’s media sector.
D.
National technological innovations and the Internet
47.
The Special Rapporteur met with the Minister of Innovation and Technology to
discuss his Ministry’s plans for promoting and protecting freedom of expression. Given that
a previous criticism of the executive was the appointment of officials based primarily on
their government connections as opposed to their objective qualifications, the Special
16
17
See, for example, communications sent by the Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment and other special procedures, concerning allegations of torture
against individuals during interrogation or in detention, at https://spcommreports.ohchr.org/TM
ResultsBase/DownLoadPublicCommunicationFile?gId=14917, https://spcommreports.ohchr.org/
TMResultsBase/DownLoadPublicCommunicationFile?gId=19001 and https://spcomm
reports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=14939.
CAT/C/ETH/CO/1, para. 10.
13
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