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Robert F. Kennedy Human Rights and Institute for Human Rights in Africa v the Federal Democratic Republic of Ethiopia (Communication 599-16)

African Commission on Human and Peoples' Rights · [2023] ACHPR 11 · 2023 Petition Granted — Violations Found AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter on Human and Peoples' Rights in the context of the 2015 Ethiopian national elections
Decision
Communication declared admissible and violations of Articles 1, 9, 10, 11, and 13(1) of the African Charter found; Respondent State directed to continue reforms and report on implementation within 180 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found Ethiopia violated Articles 1, 9, 10, 11, and 13(1) of the African Charter during the 2015 elections by systematically suppressing freedom of expression through arrests of journalists and bloggers, restricting freedom of association by targeting opposition groups, violating freedom of assembly through excessive force against protesters, and undermining the right to political participation by creating a restrictive environment that prevented citizens from freely exercising their right to vote and engage in public affairs.

Outcome

Communication declared admissible and violations of Articles 1, 9, 10, 11, and 13(1) of the African Charter found; Respondent State directed to continue reforms and report on implementation within 180 days

Facts

The Communication concerned the 2015 Ethiopian national elections. The Complainants alleged that before the elections, the Ethiopian Government systematically suppressed civic space through arrests and harassment of journalists, bloggers, and opposition members; closure of independent media outlets; disruption of peaceful demonstrations using excessive force resulting in deaths and injuries; targeting of opposition political parties including arrests of candidates and members; and enactment of repressive laws including the Anti-Terrorism Proclamation and Mass Media and Access to Information Proclamation. The ruling party EPRDF won all 547 parliamentary seats. The Complainants submitted the Communication on behalf of the entire Ethiopian electorate, arguing these actions prevented citizens from accessing information, expressing opinions, and participating freely in the electoral process.

Issues

  1. Whether the Respondent State violated the right to freedom of expression and access to information under Article 9 of the African Charter by suppressing media, arresting journalists and bloggers, and restricting civic space before the 2015 elections.
  2. Whether the Respondent State violated the right to freedom of association under Article 10 of the African Charter by targeting opposition groups, arresting opposition members, and creating a climate of fear during the 2015 electoral period.
  3. Whether the Respondent State violated the right to freedom of assembly under Article 11 of the African Charter by disrupting peaceful demonstrations, using excessive force against protesters, and arbitrarily arresting demonstrators before the 2015 elections.
  4. Whether the Respondent State violated the right to participate freely in government under Article 13(1) of the African Charter by systematically preventing citizens from expressing views, engaging in political activities, and casting informed votes during the 2015 elections.
  5. Whether the Respondent State violated Article 1 of the African Charter by failing to uphold and give effect to the rights guaranteed in the Charter during the 2015 electoral period.

Orders

  • The Respondent State is declared to be in violation of Articles 1, 9, 10, 11, and 13(1) of the African Charter on Human and Peoples' Rights.
  • The Commission acknowledges the reforms made by the Respondent State after the 2015 elections, including amended electoral laws, revised political parties registration proclamation, electoral code of conduct, and Proclamation No. 1238/2021 repealing the previous mass media law.
  • The Respondent State is called upon to continue reforming national laws perceived to restrict freedom of expression, association, assembly, and the right to freely participate in government.
  • The Respondent State is called upon to implement amended laws resulting from the 2018 political reforms in a manner that guarantees full enjoyment of rights to freedom of expression, access to information, association, assembly, and political participation as guaranteed by the Charter and international standards, particularly in the context of national elections.
  • The Respondent State is required to report in writing within one hundred and eighty (180) days of notification of this decision on the measures taken to implement these recommendations.

Rules and key headnotes

Freedom of Expression — Restrictions on Media and Journalists — Arrest and Detention
Where a State arrests journalists and bloggers allegedly to protect citizens from terrorism and hate speech, but fails to demonstrate a direct and immediate connection between the expression and the concrete threat to legitimate interests, and fails to justify the restriction as necessary and proportionate in a democratic society, such arrests constitute an arbitrary violation of the right to freedom of expression under Article 9 of the African Charter.
Freedom of Association — Protection of Opposition Groups — State Obligations
States have an obligation to create an environment free from interference where individuals can form associations and engage independently in activities. Where a State fails to protect opposition party members from arrests, harassment, and deaths, and does not adequately rebut allegations of targeting opposition groups, the State violates Article 10 of the African Charter guaranteeing freedom of association.
Freedom of Assembly — Use of Force Against Protesters — Proportionality
The use of extreme force on protesters to the extent of causing injuries and deaths, shooting at protesters to disperse them, and arresting opposition leaders without lawful cause crosses the threshold of proportionality and violates Article 11 of the African Charter. Restrictions on freedom of assembly must be justified, necessary in a democratic society, and proportionate to the harm in question.
Right to Political Participation — Access to Information — Free and Fair Elections
For elections to be free, fair, and credible, the electorate must have access to information at all stages of the electoral process. Where a State suppresses journalists and media and restricts access to information during elections, thereby discouraging citizens from participating directly or choosing representatives freely, the State violates Article 13(1) of the African Charter guaranteeing the right to participate freely in government.
Exhaustion of Local Remedies — Massive Violations — Actio Popularis
In cases of serious and massive human rights violations where the scale and nature of alleged violations coupled with the number of persons involved render local remedies practically unavailable, and where there is a general fear of persecution preventing victims from approaching domestic courts, the requirement to exhaust local remedies under Article 56(5) of the African Charter is waived. Communications submitted on behalf of an entire population (actio popularis) do not require identification of individual victims where the violations are grave and massive and the prayers focus on reparations of satisfaction and guarantees of non-repetition rather than individual material compensation.

Legislation cited (15)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Democracy, Elections, and Good Governance Article 27(8)
  • International Covenant on Civil and Political Rights Article 21
  • International Covenant on Civil and Political Rights Article 25
  • Ethiopian Constitution Article 31
  • Charities and Societies Proclamation (Ethiopia)
  • Anti-Terrorism Proclamation 2009 (Ethiopia)
  • Mass Media and Access to Information Proclamation No. 590/2008 (Ethiopia)
  • Mass Media and Access to Information Proclamation No. 1238/2021 (Ethiopia)
  • Proclamation to Establish the Procedure for Peaceful Demonstration and Public Political Meeting No. 3/1991 (Ethiopia)

Cases cited (37)

  • Rencontre Africaine Pour la Defense des Droits de l'Homme v Zambia (Communication No. 71/92)
  • FIDH and OMCT v Sudan (Communication 379/09)
  • Dawda Jawara v The Gambia (Communication No. 147/95-149/96)
  • Anuak Justice Council v Ethiopia (Communication No. 299/2005)
  • FIDH & Others v Senegal (Communication No. 304/2005)
  • Institute for Human Rights and Development in Africa v Angola (Communication No. 292/04)
  • Union Inter Africaine des Droits de l'Homme & Others v Angola (Communication 159/1996)
  • Centre for Minority Rights Development v Kenya (Communication 276/03)
  • Malawi Africa Association & Others v Mauritania (Communications No. 54/91-61/91-96/93-98/93-164/97-196/97-210/98)
  • Maria Baes v Zaire (Communication 31/89)
  • Annette Pagnoule v Cameroon (Communication 39/90)
  • Curtis Francis Doebbler v Sudan (Communication 236/2000)
  • Legal Resources Foundation v Zambia (Communication 211/98)
  • Kevin Mgwanga Gunme & Others v Cameroon (Communication 266/03)
  • The Nubian Community in Kenya v Kenya (Communication 317/06)
  • Open Society Justice Initiative v Côte d'Ivoire (Communication 318/06)
  • Lawyers for Human Rights v Swaziland (Communication 414/12)
  • Article 19 v Eritrea (Communication No. 275/03)
  • Amnesty International & Others v Sudan (Communications Nos. 48/09, 50/91, 52/91, 89/93)
  • Free Legal Assistance Group & Others v DRC (Communications Nos. 25/89-47/90-56/91-100/93)
  • Sudan Human Rights Organisation & COHRE v Sudan (Communications Nos. 279/03-296/05)
  • Institute for Human Rights and Development in Africa v Guinea (Communication No. 249/02)
  • Ceesay v The Gambia (Communication No. 86/93)
  • Dumbuya v The Gambia (Communication No. 127/94)
  • Interights v Ethiopia (Communication No. 372/09)
  • International PEN & Others v Nigeria (Communications 137/94-139/94-154/96-161/97)
  • Constitutional Rights Project & Others v Nigeria (Communications 140/94-141/94-145/95)
  • Media Legal Defence Initiative v Rwanda (Communication 426/12)
  • Civil Liberties Organisation v Nigeria (Communication No. 101/93)
  • Gabriel Shumba v. Zimbabwe
  • Kazeem Amina v. Nigeria
  • Jennifer Williams & Others v Zimbabwe (Communication 446/13)
  • Constitutional Rights Project v Nigeria (Communication No. 102/93)
  • Gafgaz Mammadov v. Azerbaijan, European Court, Judgment of 15 October 2015
  • Gülcü v. Turkey, European Court, Judgment of 19 January 2016
  • Application No. 23885/94, Case of Freedom and Democracy Party (ÖZDEP) v. Turkey (1999), The European Court of Human Rights
  • Oya Ataman v. Turkey

Full judgment

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Robert F. Kennedy Human Rights and Institute for Human Rights in Africa v the Federal Democratic Republic of Ethiopia (Communication 599-16) [2023] ACHPR 11 (9 November 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.