Ethiopia’s Anti-Terrorism Proclamation and the right to freedom of expression

Patrick GriffithAuthor: Patrick Griffith
Programme Attorney, Freedom Now

On Wednesday 17 July 2013, members of the European Parliament’s Sub-committee on Human Rights visited Ethiopia and urged the government to release journalists and opposition activists imprisoned under the country’s Anti-Terrorism Proclamation No. 652/2009 (Anti-Terror Proclamation). The visit is an important reminder that despite widely hailed progress on poverty reduction, the Ethiopian government continues to punish free expression in violation of international law.

Eskinder Nega, an outspoken journalist and blogger who was sentenced to 18 years imprisonment in July 2012, is amongst those arbitrarily detained under the Anti-Terror Proclamation. In early 2011, Nega began writing and speaking publicly about the protest movements then sweeping north Africa. Although initially hesitant to draw direct parallels with Ethiopia, he was clearly supportive of the protesters abroad and critical of his government at home. He also consistently emphasised the importance of non-violence. But despite the clear protection of peaceful free expression under Article 19 of the International Covenant on Civil and Political Rights, to which Ethiopia is a party, the government reacted by prosecuting Nega as a traitor and terrorist.

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Right to stand for elections as an independent candidate in the African human rights system: The death of the margin of appreciation doctrine?

adem_abebeAuthor: Adem Kassie Abebe
Post-doctoral Fellow, University of Pretoria

Although the right to stand for elections is recognised as an essential aspect of the right to political participation, international human rights law does not specifically address the right of individuals to stand for elections as independent candidates, for example, without being a member of and sponsored by a political party. In fact, the only implied reference to independent candidacy is to be found in General Comment No 25 of the United Nations Human Rights Committee, the organ in charge of monitoring compliance with the International Covenant on Civil and Political Rights, on the right to participation. The Committee observes that “[t]he right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties” (paragraph 21). What constitutes an “unreasonable” limit to the right of persons to stand for election is not apparent. As a result of the lack of a clear rule, the law and practice in relation to independent candidates varies across borders. In some countries, individuals must be members of political parties to be able to stand for election. In others, they may stand for elections as independent candidates. In some others, independent candidates are allowed in relation to local elections but not in relation to parliamentary and presidential elections.

It is within this context of uncertainty that the African Court had to decide whether the ban on independent candidacy in Tanzania was compatible with the right to equality, the right to political participation, and the right to association in the African Charter on Human and Peoples’ Rights (Tanganyika Law Society and The Legal and Human Rights Centre and Reverend Christopher Mtikila v The United Republic of Tanzania, Applications 009 and 011/2011). This case is interesting in many respects. Firstly, the case presented the African Court the first opportunity to address the margin of appreciation doctrine. Secondly, the application presented a test case to evaluate the trajectory of the African Court towards the jurisprudence of other international and regional human rights organs on similar issues. Thirdly, Tanzania is not the only African country that bans independent candidacy. The decision of the Court therefore has consequences for many other African countries.

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Realising the right to health for children with HIV/AIDS in Botswana: Policy based approach v rights based approach

Rashid DumbuyaAuthor: Rashid Dumbuya
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa; Barrister and Solicitor, Sierra Leone

Botswana faces significant challenges on the HIV/AIDS epidemic. According to the third Botswana AIDS Impact Survey (BAIS III) which took place in 2008, 17.6% of Batswana were living with HIV/AIDS. The survey revealed that about 18 000 children below the age of 19 were HIV positive.

Strong political commitment at national level has however resulted in impressive scale up in HIV treatment for children under the Prevention of Mother-to-child Transmission programme. Children are currently treated in about 33 centres issuing antiretroviral drugs. However, Baylor Children’s Clinical Centre of Excellence provides a more in-depth pediatric content. There are also community-based non-governmental organisations (NGOs) such as Child Line, Mpule Kwelagobe Centre, SOS Children’s Home and Paolo Zanichelli Children’s Centre that are currently providing specialised services to vulnerable children. It is however important to point out that, in Botswana, the needs of HIV/AIDS affected children are not provided for in a comprehensive National legal framework. Care and treatment for children with HIV is currently addressed in overall HIV policy guidelines.

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Unmanned Aerial Vehicles: Call for an African Union resolution on the use of drones in Africa

Benjamin Ng’aruAuthor: Benjamin Ng’aru
Legal Assistant, Local Authorities Pensions Trust; Volunteer Programmes Assistant, Legal Exchange Centre, Nairobi, Kenya

On 15 March 2013 Chief Judge Merrick Garland of the United States (US) Court of Appeals Circuit in American Civil Liberties Union Foundation v Central Intelligence Agency (CIA) dismissed the CIA’s standard Glomar response to its expanded and clandestine programme to carry out targeted killings on suspected terrorist. Barely two months later, a High Court in Peshawar, Pakistan, held that drone strikes (and their continued use) “are a blatant violation of Basic Human Rights and are against the [United Nations] (UN) Charter, the UN General Assembly Resolution …and a violation of the sovereignty [of Pakistan]”. Whereas not fully specific on the human rights instruments violated, these judicial pronouncements point to an increasing dissatisfaction by the international community on the lack of a concise and regulated use of the “CIA’s angry birds”.

This note seeks to merely highlight possible violations of various rights including the right to life, right to fair trial as well as the right to privacy, which are all enshrined in the African Charter; and call upon the African Union (AU), through its various organs, to promote more transparency on the use of drones and foster the enactment of a continental regulatory framework to govern the use of Unmanned Aerial Vehicles by western nations on African soil.

The use of drones in African’s airspace has been on a steep rise. The latest documented incident was on 27 May 2013 when Al-Shabaab allegedly shot down a UAS Camcopter S-100 near the town of Buulo Mareer, southern Somalia. The London based Bureau of Investigative Journalism estimates that over 200 persons, mostly non-combatants, have been killed by drone strikes in Somalia since 2003. American drone support bases have been reportedly set up in Arba Minch (Ethiopia), Seychelles, Camp Lemonnier (Djibouti) and recently in Somali’s shell-crated international airport in Mogadishu. A 2012 study by Stanford Law School and New York University’s School of Law indicated that there were more civilians and innocent residents killed in the drone strikes than militants throughout the period of the drone program.

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