A/HRC/44/49/Add.1
C.
Freedom of expression, and of peaceful assembly and of association
71.
The Special Rapporteur calls upon the authorities to protect the safety and
integrity of individuals and groups exercising their rights to freedom of expression,
and of peaceful assembly and of association, including from attacks committed by
non-State actors. The protection of rights requires that the State take effective
measures to prevent and redress any acts of violence, threats or interference
committed by State and non-State actors alike.
72.
The Special Rapporteur welcomes the adoption of new legislation on civil
society organizations. He urges the Agency for Civil Society Organizations to facilitate
the registration of civil society groups, to ensure that groups can access resources,
including from foreign sources, and to strengthen their capacities to support the
political reform process. He also urges all public authorities to devote resources to
expanding opportunities for women to participate at all levels of governance and in all
professions.
73.
The Special Rapporteur urges the authorities to ensure that the new policy on
police use of force and accountability complies with international human rights
standards, namely with the Code of Conduct for Law Enforcement Officials, the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, and the
10 principles for the management of assemblies that were developed by the Special
Rapporteur on the rights to freedom of peaceful assembly and of association and the
Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66).
74.
The Special Rapporteur urges the authorities to support efforts of the
Ethiopian Human Rights Commission to modernize itself, including by providing it
with adequate financial and human resources to ensure its independent, transparent
and effective functioning.
75.
Given the importance of the rights to freedom of expression and freedom of
peaceful assembly and of association in times of democratization, especially in the
context of elections, the Special Rapporteur refers to the report on elections by the
Special Rapporteur on the rights to freedom of peaceful assembly and of association, 20
in which he advised that the threshold for imposing restrictions should be more
difficult to meet during election times.
D.
Discrimination and hate speech
76.
The Special Rapporteur is mindful and is concerned that hateful speech may
incite violence, discrimination or hostility against groups in society. He encourages the
authorities to address intolerance and inter-ethnic tension through a national dialogue
and legal, policy and educational initiatives.
77.
The Government, politicians, community leaders and other leadership figures
in society should refrain from making statements that encourage or promote
intolerance against individuals on the basis of protected characteristics, such as
ethnicity. Instead, they should work together to develop a culture based on knowledge,
tolerance, respect and intercultural understanding.
78.
The Special Rapporteur urges the authorities to ensure that the new legislation
on hate speech and disinformation is implemented carefully and narrowly with a view
to tackling the offences of hate speech and disinformation. He also urges the
authorities to refrain from imposing criminal sanctions in such instances.
79.
The Special Rapporteur urges the authorities to ensure that any restriction on
content is imposed pursuant to an order by an independent and impartial judicial
authority, and in accordance with due process and standards of legality, necessity,
proportionality and legitimacy.
20
A/68/299.
17
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