As a newly-initiated intern in The Advocates for Human Rights’ International Justice Program, I was unsure what to expect when I walked into my first official team meeting in May 2019. Despite this uncertainty, I quickly learned that me and my intern team’s responsibilities would not follow the traditional Devil Wears Prada-esque intern tropes of office coffee runs and administrative purgatory. Instead, much of our role would involve conducting research for UN shadow reports by delving into former and current asylum cases.
My team’s first major project of the summer involved writing a client-based report on the human rights situation in Burundi to submit to the UN Commission of Inquiry (COI) on Burundi. After President Nkurunziza announced that he would be running for a third term in April of 2015, a violation of Burundi’s constitutionally-mandated two-term limit, Burundians took to the streets in protest. Many were kidnapped, detained, or killed. One failed coup attempt and four years later, Burundians today continue to live in fear of speaking out, lest they meet a similar fate. And after Burundi’s government forced the UN to shut down its local office in 2019, fact-finding has proven increasingly difficult.
As an advocacy organization that also provides pro-bono legal representation to asylum seekers through its Refugee and Immigration Program, The Advocates for Human Rights routinely uses firsthand information from former and current clients in advocacy reports (examples of this can be found here, here, and here). Accounts from asylum seekers who have directly witnessed and survived human rights violations can help NGOs identify patterns of abuse, identify bad-faith actors, and ultimately push for accountability on the international stage.
Full disclosure: I had heard nothing of the situation in Burundi before joining The Advocates. So when my supervisors informed me and my fellow International Justice interns of our project, I began gathering information: reading articles, watching videos, and sifting through The Advocates’ asylum case files from Burundi. Asking individuals to recount their experiences and, in some cases, relive their trauma, requires sensitivity, awareness, and humility. My fellow International Justice interns and I spent a week drafting an interview protocol complete with questions and disclaimers. After much deliberation, the questions we ultimately decided on centered specific incidents and specific perpetrators in the aim of identifying the types of abuse and distinguishing state actors from non-state actors. In pushing for accountability through international human rights law, the difference between the two was significant.
Due to the nature of asylum law in the US, all asylum cases must have some aspects in common. Gaining asylum requires a well-founded fear of persecution in the home country, and requires that the persecution be on the basis of race, religion, nationality, social group, or political opinion. The majority of the Burundians we interviewed experienced persecution on the nexus of political opinion, race, or social group.
Yet the practice of interviewing asylum seekers is not quite so formulaic.
The process began with raking through a database to find relevant case files–”relevant” included individuals who had fled from Burundi sometime around or after 2015, since the COI’s charge only concerned conditions in Burundi after the 2015 attempted coup. After identifying clients to contact, we first sent an introductory email explaining the charge of the COI and the request for an interview, and then we called. Many numbers had gone out of service, and just as many sent us straight to voicemail. We quickly learned the importance of persistence and of follow-up. Eventually, individuals began to pick up, and as we pitched our requests for interviews, we were met with a brave and resounding chorus of‘yes’ from former Burundians.
Your confidentiality and safety are of utmost importance to us. The Commission of Inquiry has promised to do everything in its power to protect the victims and witnesses included in this report. Every telephone conversation began with the same reassurance. Even with individuals who had successfully sought asylum, the threat of retribution against family or friends in Burundi remained present. The disclaimer served as a reminder: the information being shared is a lived experience, and, in some cases, the danger is still real.
In total, we interviewed five individuals about the experiences of themselves and those around them. The stories shared were uniquely painful yet thematically similar. State repression. Friends and family members who had been kidnapped. Friends and family members who had been killed. Abuse by the police. Abuse by the pro-government militant youth group, the Imbonerakure. Rape and sexual assualt. Torture. Fear.
And an abiding air of resilience.
Flash forward to mid-July: as the end of my 10-week long International Justice internship with The Advocates for Human Rights approached, President Trump announced a federal policy eliminating nearly all asylum protections for Central Americans and other migrants seeking refuge in the United States at the US-Mexico border by introducing a safe-third-country agreement. This agreement requires that migrants must have already applied for asylum at the first country they entered on their route to the US before applying for asylum in the US. If asylum-seekers fail to do so, the government may deport them to this “first country” before allowing their asylum case to be processed in the US.
This policy raised the bar for entry from merely demonstrating a “credible fear” of persecution in the country of origin to a prohibitively high burden of proof aimed to severely reduce the number of asylum seekers accepted into the US. Therefore as more migrants apply for asylum, a greater percentage of cases are denied. Trump’s immigration policies also exist within the context of a heavily backlogged asylum queue where hundreds of thousands of cases dating back to 2010 remain in a processual limbo.
At the end of one call, following protocol, I asked a former client if she had any last questions for me. “I do have one,” said the woman, an asylum seeker who had survived and escaped sexual abuse by government forces,
“Is Burundi going to get better?”
For a moment, I struggled to find an adequate response. Yet if she still retained her capacity to hope, so could I. And with brave voices like hers cooperating with NGOs to speak out against human rights abuses, we have no choice but to believe in a better future.
By Tala Alfoqaha, a Mathematics & Global Studies major at the University of Minnesota. Tala was the 2019 Don Fraser Human Rights Fellow with The Advocates’ International Justice Program.
As an International Justice Program intern with The Advocates for Human Rights, I have encountered many examples of human rights abuses throughout the world. Yet, while the recent drama of domestic politics continues to dominate the attention of American citizens, these international human rights violations go largely unreported and unaccounted for in U.S. media. The ongoing human rights crisis gripping the state of Burundi presents one such example as members of civil society continue to face politically-based violence at the hands of the ruling party.
April 2015 marked the start of a political and human rights crisis in Burundi that has claimed hundreds of lives. Violence flared following President Pierre Nkurunziza’s decision to seek a controversial third term and subsequent, political protests. Police and security forces responded by exercising excessive force and shooting demonstrators indiscriminately.
After a failed coup d’état by military officers in May 2015, the Government intensified its repression of political dissent by suspending most of the country’s independent radio stations. In addition, journalists and human rights defenders face violence and increasing restrictions on their rights to freedom of expression and association. Recently adopted legislation further limits the ability of non-governmental organizations to operate and for civil society to participate in public life. By mid-2015, most of Burundi’s opposition party leaders, independent journalists and civil society activists had fled the country after receiving repeated threats.
The human rights crisis that gripped Burundi in 2015 deepened in 2016 as government forces targeted perceived political opponents with increased brutality. The Burundian National Defense Forces (BNDF) and the Burundian National Intelligence Service (SNR)—often in collaboration with members of the ruling party’s youth league, known as Imbonerakure—committed numerous killings, disappearances, abductions, torture, rape, and arbitrary arrests against the perceived opponents of the ruling party.
For perpetrators of these crimes associated with the ruling party, there is almost total impunity. The ruling party continues to interfere with Burundi’s weak justice system and therefore these human rights abuses are rarely punished. The government’s suspected political opponents have been arrested and held for prolonged periods unlawfully. Ultimately, an average of more than one thousand people fleeing the violence escaped to nearby Tanzania per day in 2016 to join the 250,000 already spread across Eastern Africa.
The Advocates’ Refugee and Immigrant Program provides legal representation to individuals seeking asylum. The Advocates has received direct information about suppression of political opinion in Burundi from survivors fleeing human rights abuses in the country to seek asylum in the United States. Our clients share stories of being accused, often arbitrarily, of supporting anti-government protests. They report police and Imbonerakure members searching their homes, looting their businesses, and arresting, beating and interrogating them and their family members. While each client’s case is different, their experiences confirm that the legal system and policies in Burundi are failing to provide individuals with adequate protection from politically-based violence.
In July, The Advocates for Human Rights submitted a stakeholder’s reportto the Universal Periodic Review, identifying specific measures that the Burundian Government should enact to address political suppression in the country.
First, Burundi should combat impunity by systematically and promptly carrying out investigations of criminal activity committed by government affiliates and ensure appropriate compensation for such crimes. In the previous UPR, the Government of Burundi accepted recommendations to continue efforts toward combatting impunity including the establishment of a Truth and Reconciliation Commission. While the Commission was established in 2016, serious concerns exist regarding the Commission’s ability to fulfill its mandate with the expanded use of temporary immunities which have de facto become permanent amnesty schemes. Burundi should then establish an independent mechanism for investigating complaints of torture or ill-treatment at the hands of members of police or security forces to ensure accountability for perpetrators of human rights violations.
Second, the Government should take the necessary steps to ensure that legal systems and policies are in full compliance with Burundi’s international obligations with respect to freedom of expression. During its last UPR, Burundi rejected 15 recommendations related to freedom of expression and association, as well as protections for human rights defenders. Burundi must afford journalists and human rights defenders the freedom to carry out their work independently and without fear of persecution or intimidation.
Overall, Burundi is failing to meet its international obligations to investigate and prosecute political-based violence perpetrated on behalf of the ruling party. Security forces, intelligence services, and Imbonerakure members are repeatedly identified as responsible for extrajudicial executions, enforced disappearances, abductions, arbitrary arrests and detention, torture and ill-treatment, and sexual violence. The Burundian Government must act to combat impunity and protect civil society members from such human rights violations.
With the ongoing human rights crisis gripping the state of Burundi, members of civil society continue to face politically-based violence at the hands of the ruling party. Unfortunately, these human rights violations continue to go largely unreported and unaccounted for in U.S. media. Although American domestic politics seem to dominate the current political discourse, we all need to remain vigilant and afford these international, human rights violations the attention they deserve.
By April Will, a second-year J.D. student (class of 2019) at the University of Minnesota Law School. She is a 2017 summer intern with The Advocates’ International Justice Program.
The Advocates’ stakeholder submission to the UN Human Rights Council for Burundi’s Universal Periodic Review includes direct information about human rights violations from survivors who have fled Burundi to seek asylum in the United States. Read the full report here.
India is the world’s largest democracy and a pluralistic melting pot of different religions, cultures, and languages. Yet there has been an alarming rise in discrimination and violence against religious minorities in India. The Advocates for Human Rights, along with our partner organizations, went to the United Nations Human Rights Council to raise our concerns in advance of India’s Universal Periodic Review on May 4, 2017.
Indian human rights defender Teesta Setalvad presented this oral statement on religious minorities in India at the United Nations Human Rights Council on behalf of The Advocates for Human Rights, Citizens for Justice and Peace, Indian American Muslim Council, Jamia Teachers Solidarity Association, and the Quill Foundation. The oral statement was made on March 15, 2017 at the Human Rights Council’s Interactive Dialogue with the Special Rapporteur on Minority Issues.
The Advocates for Human Rights, along with its partner organizations Indian American Muslim Council, Jamia Teachers Solidarity Association, Citizens for Justice and Peace, and the Quill Foundation, commend the Special Rapporteur for her report. We thank her for her work over her six-year tenure.
We recall the Special Rapporteur’s 2013 General Assembly report, and the first pillar of minority rights protection: protection of a minority’s survival by combatting violence against its members. We note the following developments in India since the 2013 report:
First, communal violence has increased. In 2013, for example, in Muzaffarnagar, Muslims were overwhelmingly targeted, resulting in over 60 deaths. Speeches by political leaders and Members of Parliament encouraged attacks on Muslims and exacerbated the violence.
Second, state governments are slow to intervene against the targeting of religious minorities accused of “improper” conversions from Hinduism.
Third, since 2015, in the wake of state laws banning the sale of beef, mobs have attacked people alleged to have beef in their possession.
Fourth, the Special Rapporteur on extrajudicial, summary, or arbitrary executions reported that extrajudicial encounter killings “have become virtually a part of unofficial State policy” in India.
Fifth, the above acts often are committed with impunity, stemming in part from close alignment between the government and non-state actors.
Sixth, law enforcement agencies fabricate terrorism cases, where Muslims are often targets.
For these reasons, we agree with the Special Rapporteur that progress in minority rights protection is under threat, including by increasing hate speech, xenophobic rhetoric, and incitement to hatred against minorities. We add that such threats come, in part, from elected officials and Members of Parliament.
The Advocates for Human Rights and its partner organizations call on India to accept a visit by the Special Rapporteur. We also join the Special Rapporteur in calling on UN Member States and the Human Rights Council to recognize that States bear the primary duty to protect the security of religious minorities with positive and preventive actions, through active engagement with religious minorities.
The Advocates for Human Rights, along with partners the Indian American Muslim Council, Jamia Teachers Solidarity Association, Citizens for Justice and Peace, and the Quill Foundation, submitted a UPR stakeholder report to the UN Human Rights Council in 2016 that addresses India’s failure to comply with its international human rights obligations to protect members of minority groups. In particular, the report calls attention to serious problems with the treatment of Muslims in India. Significant human rights challenges include: extrajudicial executions committed by police and security personnel, as well as non-State actors; arbitrary and unlawful detentions; torture and cruel, inhuman and degrading treatment of terrorism suspects in police custody; discriminatory laws and practices; harassment of human rights defenders; as well as the targeting of NGOs through prohibitive legislation. Additionally, this report highlights the Indian government’s failure to adequately investigate and effectively prosecute perpetrators of these human rights violations against members of minority groups. You can read the full report here.
“India lives as one; India grows as one; India celebrates as one,” Indian Prime Minister Narendra Modi delivered these lofty words to a joint session of U.S. Congress on June 8 of this year. The rosy picture he painted of India, however, is betrayed by the reality of communal strife and intolerance on the ground. India, the world’s largest democracy, was founded as a secular liberal democracy: in essence a promise to all Indians of their fair share of prosperity and the pursuit of the good life regardless of religion, background, or creed.
Regretfully, as India celebrates its 70th Independence Day on August 15, that promise remains unfulfilled for the many Indians who are deprived of their equal rights through both government action and inaction.
India has always been a melting pot of traditions, religions, and languages and is constitutionally a secular country to account for such diversity. The increasing atmosphere of Hindu nationalism has perverted those principles with disastrous results: there have been more incidents of communal violence and a stronger culture of impunity for officials who commit religion-based crimes.
There are numerous problems for Indians seeking redress for communal violence. The United States Commission on International Religious Freedom noted that,
“NGOs, religious leaders, and human rights activists allege religious bias and corruption in these investigations and adjudications. Additionally, religious minority communities claim that eye-witnesses often are intimidated not to testify, especially when local political, religious, or societal leaders have been implicated in cases.”
Lack of Accountability: Gujarat
The involvement of Prime Minister Narendra Modi and other BJP officials in the violent riots in Gujarat in 2002 and the lack of accountability are of particular concern. While Modi, as Chief Minister of Gujarat, was responsible for coordinating the government’s response to the violent mobs, there is strong evidence to suggest that top officials actively refused to intervene in the violent riots. The tragic case of Ehsan Jafri, the Congress MP who gave terrified Muslims safe haven in his home during the Gulberg Society riots, is telling. According to eyewitnesses, Jafri made frantic calls to top Gujarati officials, including Modi himself, to no avail. Eventually Jafri offered himself to the gathering mob outside his house in an effort to save those inside his home. He was butchered by the mob while they set his home alight, killing most inside. Many BJP officials were acquitted from charges relating to the riots. Civil society activists like Teesta Setalvad have protested the judicial proceedings, citing the hostility of investigators towards witnesses and the restricted purview of the investigation.
Retaliation Against Civil Society
The draconian Foreign Contributions Regulation Act (FCRA) is being used to restrict funding and revoke licenses of NGOs that criticize the government. Activist Setalvad has been a prime target of government retaliation for her work seeking justice for the Gujarat victims and a new trial for Modi and other Gujarat officials implicated in the 2002 violence. As Ajit Saha testified, “The Supreme Court had to stay attempts to arrest her on charges of financial embezzlement through the Citizens for Justice & Peace, her NGO. Her offices and homes have been raided several times, failing each time to recover incriminating evidence.” It is alleged that the registration of Lawyers Collective, an Indian NGO dedicated to human rights issues, was suspended because of its legal assistance to Setalvad. Similarly, Greenpeace activist Priya Pillai was refused admission to a flight to London to testify to Parliament about human rights abuses in the central Indian state of Madhya Pradesh.
Another pervasive extrajudicial practice is “encounter killings.” Officially, these are deaths resulting from encounters with suspects. But in reality, these tend to be outright murders by police. As explained by Ajit Sahi, “Nearly all such encounters are suspected of being “fake,” that is, pre-apprehended men and women killed in cold blood.” The UN special rapporteur on extrajudicial, summary or arbitrary execution’s 2013 report on India noted that, “[A]ccording to the NHRC [National Human Rights Council], 2,560 deaths during encounters with police were reported between 1993 and 2008. Of this number, 1,224 cases were regarded by the NHRC as “fake encounters.”
Prime Minister Modi spoke about the ideal India in his speech to U.S. Congress in June. An India united rather than fragmented. As it is, India is riven with religious conflict and intolerance. People are killed for their communal identities in mob violence while officials either take no action or, themselves, contribute to the killing.
If India is to ever achieve the greater goal of Indian unity, its leaders must continue to acknowledge and correct shortcomings, including holding all perpetrators of violence accountable.
Additional reading by The Advocates for Human Rights:
By Adam Krok, a sophomore at Yale (class of 2019) expecting to major in Ethics, Politics and Economics. From Johannesburg, South Africa, he is 2016 summer intern with The Advocates’ International Justice Program through the Bulldogs on the Lakes program. He enjoys nothing more than a good argument or a compelling case.
The request comes on the heels of last month’s Universal Periodic Review of Ethiopia at the United Nations Human Rights Council, where the Government of Ethiopia agreed to “grant full access to Special Rapporteurs and Special Procedures Mandate holders to visit the country, notably the Special Rapporteur on the Right to Education,” and to “accept the outstanding requests for visits from the special procedures” of the United Nations.
“Moreover,” the letter notes, “the situation is grave. The June 1 death of a student in custody suggests that demonstrators are being subject to torture and other forms of ill-treatment while in custody.”
Update: This blog post was updated on May 30, 2014, after the Armenian Mission to the UN in Geneva contacted The Advocates with the final, official version of the statement that was delivered on May 6. The changes do not have any particular relevance to the substance of this post. To see the statement that was uploaded to the UN website and included in the original post, please click here.
We often say at The Advocates for Human Rights that making progress on human rights is running a marathon, not a sprint. For example, the United Nations’ newest human rights mechanism, the Universal Periodic Review (UPR), takes place just once every four and a half years for each country.
So it was particularly fortuitous that the UPR of Ethiopia took place this morning, as Oromo students continue a second week of demonstrations across the federal state of Oromia to protest the Ethiopian Government’s plans to annex that state’s lands in order to expand the territory of Addis Ababa, and as the Oromo diaspora gears up for protests around the world on Friday to show their support for the students on the ground.
Despite the UPR’s early hour–2:00 this morning here in Minnesota, or “Little Oromia” as the diaspora calls it–social media have been buzzing about the review. And as the 3 1/2 hour review progressed, the Oromo diaspora reported on breaking news of more student protests in Oromia.
A quick primer on the UN Human Rights Council’s Universal Periodic Review
Every country that is a member of the United Nations participates in the UPR once every 4 1/2 years. Unlike the opt-in treaty-body review processes, where independent human rights experts conduct the examination, the UPR is a peer-to-peer diplomatic process. Governments comment on the human rights records of other governments. As you might expect, some governments shower their allies with praise, while other governments use the UPR to offer sharp criticism. Each statement typically includes some words of praise, some statements of concern, and some recommendations for the government under review. Later, the government under review must respond to each recommendation, stating whether it accepts or rejects it.
Like other UN human rights mechanisms, the UPR process has a role for civil society. Last September civil society organizations around the world submitted “stakeholder reports” about human rights conditions on the ground in Ethiopia. These reports are supposed to cover: (1) what progress the government has made on any recommendations it accepted during the last round of review; and (2) any developments since the last review.
Diaspora civil society groups play critical role in UN reviews
Diaspora advocacy is critical when the UN reviews the human rights records of closed societies like Ethiopia, where local groups may not feel free to criticize the government openly. The Advocates worked with the Oromo diaspora in Minnesota to prepare a stakeholder report for Ethiopia’s UPR, just as we have done for some of the UN’s treaty bodyreview mechanisms. Other diaspora groups are also engaged in the process. For example, groups like the International Oromo Women’s Organization, the UK and Australia and branches of the Oromia Support Group, and the Toronto-based Human Rights League of the Horn of Africa also submitted stakeholder reports for today’s UPR.
Earlier this year, we did in-person and email advocacy with the Geneva missions of governments that we thought might be receptive to the issues we raised in our report. And over the weekend, we followed up with an update on the student protests and government crack-down in Oromia. Watching the live webcast this morning, we were relieved to see that many governments took up some of the Oromo diaspora’s concerns.
Armenia draws attention to diaspora ties, recent casualties in Oromia
A whopping 119 governments signed up to make statements during the review. Because of the limited time and intense interest, each government had just 65 seconds to make its points.You can watch the full review here.
The Armenian government offered the most direct commentary on the student protests in Oromia, and also referenced the Armenian diaspora in Ethiopia:
We would like to stress the friendly relations existing between our 2 nations. The presence of the Armenian community in Ethiopia has a centuries old history. Armenia particularly appreciates the generosity of the Ethiopian people and government, who hosted and integrated the survivors of the Armenian Genocide at the beginning of the 20th century.
Armenia commends the commitment of Ethiopia to the promotion of human rights, including respect for minority rights, cultural diversity and tolerance. In this regard, we are concerned about the reports of recent casualties in the state of Oromia. Armenia hopes that Ethiopia will continue to make efforts to further promote human rights, as a basis for encouraging tolerance and diversity in the country. . . .We have 2 recommendations for Ethiopia:
1) To further promote tolerance and dialogue between different ethnic and religious groups.
2) To further develop and expand human rights awareness-raising programs in the country.
Perhaps reflecting last-minute changes to incorporate a reference to the government’s use of lethal force against student protesters in Oromia last week, the version of Armenia’s statement originally uploaded to the UN website includes the words “New Version” in handwriting at the top.
Governments press Ethiopia to address inter-ethnic conflict, allow free expression, open up civil society
Governments raised a variety of important human rights issues, many of which directly concern the Oromo people, as reflected in our stakeholder report. (Click the country name to read the full text of the country’s statement.)
Violence and mistreatment by security forces
Costa Rica urged Ethiopia to take urgent measures to investigate torture and extrajudicial killings committed by the national defense forces of Ethiopia.
Finland and Montenegro recommended that Ethiopia ensure that is has clear, independent, and effective complaints mechanisms in place for individuals to raise allegations of mistreatment by security, military, and law enforcement authorities and prison officials.
Rwanda called on Ethiopia to set up police and military training on human rights.
Forcible resettlement of farmers and pastoralists
Austria recommended that Ethiopia’s national human rights institutions be equipped with the resources and capacities needed to independently investigate, and provide appeals and redress for, alleged human rights violations in relation to the resettlement of communities through Ethiopia’s Commune Development Program. The United Kingdom also expressed support for credible mechanisms to investigate allegations of abuses by special police in relation to relocation programs.
Bolivia encouraged Ethiopia to protect the rights of farmers and other rural workers.
Rwanda called on Ethiopia to strengthen measures to ensure food security.
Malaysia and Thailand urged Ethiopia to step up efforts to improve health services, especially in rural areas.
Morocco recommended that Ethiopia ensure that all segments of society benefit from economic growth.
Ethnic and religious discrimination and persecution
Namibia urged Ethiopia to enhance the institutional and financial capacities of the Ethiopia Human Rights Commission to effectively carry out its mandate, especially with regard to its working relations with the Oromo, Ogaden, Gambella, and Somali communities.
The Holy See urged Ethiopia to improve its outreach to all ethnic communities to actively participate in the political process.
Argentina, Bolivia, and Nicaragua urged the Ethiopian Government to combat racism, intolerance, and other forms of discrimination directed at vulnerable groups.
Burundi and the Holy See, like Armenia, recommended that Ethiopia expand activities to promote inter-cultural and inter-religious dialogue. Canada made a similar recommendation to address inter-religious tensions.
Tunisia called on Ethiopia to address education discrimination, and Sudan recommended that Ethiopia expand primary education in students’ mother tongue.
Malaysia, the Maldives, and Namibia encouraged Ethiopia to improve the quality of education for children, especially in rural areas.
Freedom of expression and association for opposition political parties, human rights defenders
Australia, Canada, Japan, Mexico, Nigeria, Sweden, the United Kingdom, and the United States recommended that Ethiopia fully implement its constitutional guarantees of freedom of association, expression, and assembly for independent political parties, ethnic and religious groups, and non-governmental organizations.
Canada urged Ethiopia to fully protect members of opposition groups, political activists, and journalists from arbitrary detention. Estonia called on Ethiopia to end harassment of political opposition party members, journalists, and human rights defenders. Finland recommended that Ethiopia take further measures to ensure the safety and freedom of action of human rights defenders.
Restrictions on civil society, media; anti-terrorism measures
Australia, Belgium, the Czech Republic, France, Hungary, Ireland, Mexico, the Netherlands, Norway, Slovakia, Sweden, and the United States recommended that Ethiopia abolish or amend its Charities and Societies Proclamation to allow non-governmental organizations to operate more effectively and to receive funding from outside the country.
Australia, Austria, Belgium, the Czech Republic, France, Mexico, the Netherlands, Norway, Slovakia, Slovenia, Sweden, and Switzerland urged Ethiopia to narrow its definition of terrorism under the Anti-Terrorism Proclamation and exclude the practice of journalism from the definition, to ensure protections for freedom of expression and assembly, and to better allow non-governmental organizations to function. The United States called for Ethiopia to ensure that the Anti-Terrorism Proclamation is applied apolitically.
The Czech Republic also called on Ethiopia to immediately release all journalists detained for their professional activities, including the bloggers and journalists arrested in April 2014 and those jailed earlier, such as Mr. Nega and Ms Alemu.
Estonia, Ireland and South Korea urged Ethiopia to stop online censorship and respect freedom of the press. Ghana recommended that Ethiopia decriminalize defamation.
Austria, the Czech Republic, Denmark, and France encouraged Ethiopia to amend its Mass Media Proclamation to bring it in line with international human rights standards.
Due process and judicial independence
Botswana expressed concern about intimidation, harassment, threats, and firing of judges who resist political pressure, and called on Ethiopia to ensure the full independence and impartiality of the judiciary.
Switzerland called on Ethiopia to ensure the right to a fair trial.
Disappearances, torture in detention facilities
Argentina, France, Japan, Paraguay, and Tunisia recommended that the Ethiopian Government take further actions to address enforced disappearances, such as ratifying the Convention on Enforced Disappearances.
Austria and recommended that Ethiopia train all personnel in detention facilities to investigate and prosecute all alleged cases of torture. Paraguay and Spain also called for efforts to prevent torture in detention. The United Kingdom expressed support for credible mechanisms to investigate allegations of mistreatment of prisoners. Bhutan and Russia recommended that Ethiopia improve prison conditions. Kyrgyzstan called on Ethiopia to add a definition of torture to its criminal code that includes all elements contained in the Convention Against Torture.
Hungary, Paraguay, and Tunisia urged Ethiopia to grant the Red Cross and other independent international mechanisms immediate, full, and genuine access to all detention facilities in Ethiopia, and Hungary expressed concern about allegations of arbitrary detention and ill-treatment of detainees, including torture, rape, and prolonged incommunicado detention.
Recommendations to engage with UN Special Procedures
Some of the recommendations had to do with other United Nations procedures:
Ghana and Hungary, Japan, Montenegro, the Netherlands, Slovenia, and Uruguay recommended that Ethiopia permit visits from all UN special procedures mandate-holders.
The United States called on Ethiopia to allow the Special Rapporteur on the Rights to Freedom of Assembly and Association to conduct a country visit, and the United Kingdom recommended that Ethiopia invite the Special Rapporteur on Torture to visit the country.
Spain also urged Ethiopia to respond to individual communications from special procedures mandate-holders.
The Oromo diaspora may want to use some of these special procedures, described in more detail in our chapters of Paving Pathways on UN advocacy and capacity-building, to submit urgent action letters and request country visits to investigate the situation on the ground in Oromia.
The Ethiopian Government will have several months to examine the recommendations, but then it will have to say definitively whether it accepts or rejects each one. Civil society in Ethiopia, with support from the diaspora, can then lobby for implementation of any accepted recommendations. And the diaspora can engage in remote monitoring of rejected recommendations to continue to shed light on ongoing human rights violations.
There’s also an upcoming opportunity for advocacy at the United Nations specifically relating to the rights of children in Ethiopia. Ethiopia has ratified the Convention on the Rights of the Child, and July 1 is the deadline for civil society groups to share information with the human rights experts on the Committee on the Rights of the Child as they prepare for their 2015 review of Ethiopia. Oromos in the diaspora who are concerned about students in Oromia who are under age 18 and who have faced violence, threats, and arrests because of their participation in protests may want to engage in more systematic remote monitoring and then write a report to bring the issue to the attention of the Committee. They may also want to raise other human rights concerns relevant to children in Ethiopia.
Advocacy at the UN is a long process, but when governments stifle dissent and ignore civil society, sometimes international pressure can prompt incremental reforms. Persistent advocacy from diaspora groups is essential to the process. The Oromo diaspora is up to the task. We know, after all, that the Oromo people are particularly talenteddistance runners and can run the marathon needed to improve human rights in Ethiopia.
This post is the second in a four-part series about human rights in Ethiopia. Part 1 describes the important role the Oromo diaspora is playing in remotely monitoring recent human rights developments in Ethiopia. Part 3 explores the Oromo diaspora’s strategies for showing solidarity with the Oromo students while pushing for human rights and holding perpetrators accountable for the violence against peaceful demonstrators. Part 4 tells the stories of Oromos in the diaspora who have spoken with friends and family members on the ground in Oromia about events over the past three weeks, and recaps the Ethiopian Government’s response to the UN review.