A/HRC/44/49/Add.1
V. Conclusions and recommendations
53.
Not too long ago, Ethiopia was widely known for repressing civil society,
crushing independent media, jailing journalists and restricting public access to
information. In just a few months, the new administration managed to undertake a
reform process leading to the revisions of various laws that had been used by the
previous regime to arrest and detain journalists, human rights defenders and
members of the political opposition. The Special Rapporteur encourages the
Government to continue to invest in and promote human rights, the rule of law,
justice and non-discrimination.
54.
Yet, this is only the start of a process that will take years of legal and policy
commitment, and persistent dedication to human rights oversight and public
participation. The media and civic space in Ethiopia are still recovering from decades
of repression, which has long severely constrained an independent media and
frustrated the ability of political parties, civil society and others to take part in
decision-making processes. Furthermore, growing concern about ethnic conflict,
fuelled at times by political figures competing for power, has now emerged, posing
renewed challenges to the democratization process. Intolerance and violence have the
potential to destabilize the nation and the existence of the country, and the
Government must do its utmost to protect its population against mob violence.
55.
However, law alone cannot solve all the problems. On the contrary, an illconceived law on hate speech and disinformation could well reinforce rather than ease
ethnic and political tensions and undermine the long-term prospects for success of the
reforms in the country. As such, no law alone can address hatred, or disinformation.
What is needed is not necessarily more law, but vibrant and robust debate, efforts to
combat the root causes of tensions, and a broad and deep national dialogue to address
grievances and build strong democratic institutions that can adequately and
effectively respond to criminal acts. A national dialogue that includes political,
religious and community leaders from across the country may well allow the balance
to be struck between pursuing the national unity agenda while respecting and
empowering individuals and communities’ identity.
56.
To support this promise, external actors should also take an interest in
supporting the ongoing process, including, where appropriate, by providing vigorous
diplomatic and financial contributions. Building a democratic, inclusive and peaceful
society, with robust judicial institutions that can hold perpetrators of violence to
account, will require patience and perseverance, but there can be no turning back to
the era of repression that ruled Ethiopia for over a quarter of a century.
A.
Review of national legislation
57.
The Special Rapporteur welcomes the participatory approach that is
accompanying the reform process. He urges the authorities to pursue the reforms with
the same commitment to human rights principles and obligations.
58.
The Special Rapporteur recommends the Government to ensure prompt,
thorough and independent judicial enforcement of freedom of expression protections.
59.
When considering restrictions to freedom of expression, the authorities must
ensure that any restriction complies with international human rights law, namely that
it is provided for by law, that it serves one of the legitimate interests recognized under
international law, and that it is necessary and proportionate to protect that interest.
Any such restriction must be subject to independent judicial oversight.
60.
The Special Rapporteur urges the authorities to finalize its new media law after
an inclusive participatory process that allows journalists and other media
stakeholders to give their inputs on the upcoming new law. He also urges the
authorities to ensure its effective implementation in order to allow everyone to freely
seek, obtain and share information and ideas of all kinds, in the media – broadcast,
print and electronic – as protected by international human rights law.
15
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