Ethiopia's Anti-Terrorism Law Squelches Opposition, Activists Say
By Blain Biset, 6 December 2012
Addis Ababa - Ethiopia's Anti-Terrorism Proclamation is once again stirring
debate in this Horn of Africa nation as lawyer Temam Ababulga challenges the
2009 law in the highly-publicised "Muslim terrorism" case.
Ethiopia's Federal High Court will deliver the judgment in the case, where
29 Muslims were arrested in July on charges of terrorism, on Thursday Dec.
6.
Ethiopia has had Muslim demonstrations since the beginning of the year, as
members of the religious community have protested against what they say is
government interference in their religious affairs. Around one-third of the
84 million people in this predominantly Christian nation are Muslim.
The dispute reached a head in July when 29 leaders of the Muslim community
were arrested during a meeting, and charged under the Anti-Terrorism
Proclamation. Under the decree, peaceful protest and dissent can be
considered terrorism, and critical reporting by the media is seen as
encouraging terrorism.
"We believe that the proclamation is not constitutional," Temam told IPS.
Human Rights Watch has also repeatedly criticised Ethiopia's anti-terrorism
decree. Leslie Lefkow, the rights watchdog's Africa specialist, told IPS
that there are a number of human rights concerns in the proclamation.
"The definition of 'terrorist acts' is so broad that it can be used to
prosecute a wide range of conduct far beyond what can reasonably be
considered terrorist activity, such as legitimate peaceful protest and
dissent, and protected speech," she said.
In addition to rights organisations, the United Nations and foreign
governments have criticised the proclamation for its broad interpretations
of terrorism. Almost 200 people were imprisoned under this proclamation in
2011 alone, mostly members of the opposition, journalists and activists.
Amnesty International's Claire Beston agreed that the proclamation was
unconstitutional. "The constitution guarantees the rights of freedom of
expression and freedom of association, including, explicitly, the right to
peacefully protest. As the Anti-Terrorism Proclamation places restrictions
on these rights, it does violate Ethiopia's Constitution," she told IPS.
Under Article 25 of the proclamation, parliament has the power "to proscribe
and de-proscribe an organisation as a terrorist organisation." This is
another violation of the constitution, according to Temam.
"By implementing this proclamation, parliament has given up on the
separation of power," he said.
Other constitutional provisions that have allegedly been violated fall under
the article concerning the collection of evidence. Article 23.1 states that
intelligence reports with information obtained by the police or secret
services with evidence against terrorist suspects may be used in court "even
if the report does not disclose the source or the method in which it was
gathered."
"The court has no choice but to release my clients," said Teman, noting that
article 13 of Ethiopia's constitution specifically rules out charges that
are not constitutional.
Ethiopia's late Prime Minister Meles Zenawi, who died in August after ruling
the country for 21 years, defended the proclamation in February. He told
parliament that the proclamation was copied word for word from other
countries: "We took from America, England and the European model
anti-terrorism laws. From these we have chosen the better ones...the
proclamation in every respect is flawless. It is better than the best
anti-terrorism laws."
There are several other ongoing anti-terrorism cases. These include the
cases of award-winning journalist Eskinder Nega and opposition leader
Andualem Arage, who are currently appealing their sentences.
They were arrested in 2011 for alleged acts of terrorism and for trying to
start an Arab Spring against the Ethiopian government. They were also
accused of being active participants in terrorist groups such as the
outlawed group Ginbot 7. Eskinder was sentenced to 18 years without parole
and Andualem to life without parole.
A verdict is also expected soon in the so-called "Al-Qaeda trial" where 11
people are being prosecuted for alleged ties with the international
terrorist organisation and its Somalia affiliate Al-Shabaab.
Meanwhile, Beston does not expect the court to declare the Anti-Terrorism
Proclamation unconstitutional. "It is highly likely that the proclamation
will continue to be used to silence government opponents and critics," she
said.
Lefkof said that continued use of the anti-terrorism proclamation would have
a negative impact on Ethiopian society.
"This is part of a larger crackdown on independent voices in Ethiopia, and
it is a profoundly worrying trend. Rule based on oppressing fundamental
human rights is a precarious and short-term strategy that will only harm
Ethiopia and its people over the long term," she said.
Temam said he did not believe that Ethiopia needed the Anti-Terrorism
Proclamation to prosecute people allegedly involved in terrorist activities.
"The current laws should be sufficient to charge terrorists and therefore I
believe we will succeed in proving that this anti-terrorism proclamation is
unconstitutional," he said.
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Received on Thu Dec 06 2012 - 17:07:44 EST
