Experts Welcome Ethiopia's Constitutional Protections, Raise Concerns over Human Rights Violations in Tigray and Eritrean Refugees

OHCHR

The Committee against Torture today concluded its consideration of the second periodic report of Ethiopia, with Committee Experts welcoming constitutional protections for persons deprived of liberty and raising questions about authorities' alleged human rights violations in Tigray and reported abuses of refugees from Eritrea.

Sébastien Touze, Committee Expert and Country Rapporteur for the report of Ethiopia, said protections for persons deprived of liberty were inscribed in the Constitution, and the Committee welcomed this. However, several detainees were reportedly not immediately informed in a language that they understood of the reasons for their detention. There were also reported concerns about detainees' access to lawyers and interpreters, and about delays in hearing cases. How would the Government ensure that constitutional guarantees were implemented effectively?

Mr. Touze addressed the conflict in Tigray, saying that since November 2020, the Amhara authorities had been engaged in what some civil society organizations described as "ethnic cleansing" in western Tigray, driving Tigrayans from the region with the acquiescence and possible involvement of Ethiopian federal forces. They had allegedly committed unlawful killings, sexual violence, arbitrary detention on a massive scale, looting, forcible transfers, and blocked access to humanitarian assistance. What measures had been taken to prevent and suppress this "ethnic cleansing", and to protect and assist internally displaced persons?

Todd Buchwald, Committee Expert and Country Rapporteur for the report of Ethiopia, said there had been widespread reports of abuses against refugees from Eritrea. The presence of Tigrayan Special Forces and Ethiopian National Defence Forces in Shimelba refugee camp, which housed Eritrean refugees, had led to the displacement of thousands of refugees, the disappearance of hundreds, and the destruction of the camp. Several Eritrean women and girls were reportedly raped by Tigrayan militias as they escaped from the camps in December 2020. What measures were in place to prevent the recurrence of such violations and provide redress?

Introducing the report, Alemante Agidew Wondimeneh, State Minister, Legal Division, Ministry of Justice of Ethiopia and head of delegation, said the conflict in the northern part of the country had led to an unimaginable scale of violations of fundamental rights. In November 2020, forces of the Tigray People's Liberation Front attacked and killed State personnel, and took control of the Ethiopian National Defence Forces' Northern Command in the Tigray region. In response, the Government had to use force to repel the threat posed against the sovereignty and integrity of the nation.

Mr. Agidew Wondimeneh said the Government was ensuring the protection and well-being of civilians and guaranteeing criminal accountability when any excess was committed. It had declared a unilateral ceasefire on 28 June 2021 and withdrawn all troops from Tigray, and had declared another unilateral ceasefire in March 2022. These decisions aimed at easing the suffering of people living in the conflict areas. The delegation added that the Joint Investigation Team, which comprised the Ethiopian Human Rights Commission and the Office of the High Commissioner for Human Rights, had not found that ethnic cleansing had occurred.

On refugees, the delegation said their safety in four camps in Tigray was the responsibility of regional forces. Two of these forces had chosen to fight with the federal forces, affecting the safety of refugees. The Government had been able to relocate around 19,000 refugees from these camps to the two safe camps in southern Tigray, and provided humanitarian assistance to these refugees. Nearly all the refugees who had been displaced by the conflict had been accounted for, and a new camp had been established to accommodate these persons. More than 15,000 affected persons had been granted advanced refugee status. Eritrean refugees had the right to access social services, open a bank account, and engage in economic activities.

The Government, the delegation said, was promoting the training of law enforcement officials to inform them of their duty to inform of the reason of arrest. Universities and law schools provided free legal aid to vulnerable groups. A draft policy to increase access to free legal aid had been developed. The State was also revising its Criminal Code to limit the amount of time persons could be held in pre-trial detention to four months. Victims of extended detention were compensated.

In closing remarks, Claude Heller, Committee Chair, thanked the delegation for its participation in the dialogue, which was an indication of Ethiopia's willingness to fulfil its obligations under the Convention. The conflict in the Tigray region presented serious challenges in the implementation of the Convention. The Committee hoped that its concluding observations would be beneficial in improving the human rights situation in Ethiopia.

Mr. Agidew Wondimeneh, in concluding remarks, said the dialogue had shed light on the human rights situation in Ethiopia. The Tigray conflict posed serious challenges for the State party. However, it was working to implement measures to increase protections for internally displaced persons and address human rights violations. Ethiopia remained steadfast in its implementation of the Pretoria Agreement, and would continue to engage in peace talks in the region. The State party would carefully consider and incorporate the Committee's recommendations as it continued in its fight to promote human rights in the country.

The delegation of Ethiopia consisted of representatives from the Ministry of Justice; Office of the Prime Minister; Police Commission; Refugees and Returnee Service; Ministry of Foreign Affairs; and the Permanent Mission of Ethiopia to the United Nations Office at Geneva.

The Committee will issue concluding observations on the report of Ethiopia at the end of its seventy-sixth session on 12 May. Those, and other documents relating to the Committee's work, including reports submitted by States parties, will be available on the session's webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.

The Committee will next meet in public on Monday, 8 May at 4 p.m. to hear reports on follow-up to articles 19 and 22 of the Convention and on reprisals.

Report

The Committee has before it the second periodic report of Ethiopia (CAT/C/ETH/2).

Presentation of Report

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