Ethiopian Human Rights Commission

The Ethiopian Human Rights Commission or EHRC (Amharic: የኢትዮጵያ ሰብዓዊ መብቶች ኮሚሽን) is an agency of the Ethiopian government charged with promoting human rights and investigating human rights abuses in Ethiopia. It claims to be an independent agency. [1]

Ethiopian Human Rights Commission
የኢትዮጵያ ሰብዓዊ መብቶች ኮሚሽን
AbbreviationEHRC
Formation2004
TypeIndependent agency
HeadquartersAddis Ababa, Ethiopia
Chief Commissioner
Daniel Bekele
Staff (2019)
approximately 90
Websitehttp://www.ehrc.org.et/
Not to be confused with the Ethiopian Human Rights Council (EHRCO), an Ethiopian non-governmental organisation.

Creation

Mandated by provisions in the 1995 Constitution (article 55),[2] the Ethiopian Human Rights Commission was legally established on 4 July 2000 as an autonomous body accountable to the House of Peoples' Representatives (HoPR), the lower house of the Ethiopian federal parliament.[3] In 2004, Parliament appointed the EHRC's first Chief Commissioner.[4][5]

Leadership and structure

During 2017 and 2018, Addisu Gebre Egziabher was the head (Chief Commissioner) of the EHRC. [6][7]

In February 2019, Daniel Bekele, a former Amnesty International prisoner of conscience,[8] director at Human Rights Watch and a frequent critic of the EHRC, was appointed as the new chief commissioner and charged with its reform.[9]

Independence

Under Proclamation No. 210/2000 establishing the EHRC, Article 13 states that the Chief Commissioner is accountable to the HoPR, not to the federal government of Ethiopia. Removal of the Chief Commissioner requires, under Article 17, the creation of a Special Inquiry Tribunal composed of members of the HoPR, of the House of Federation (HoF) and the vice-president of the Federal Supreme Court. Under Article 35, appointees and investigators of the EHRC have immunity against detention and arrest, except when caught red-handed (in flagrante delicto) for a serious offence, or with the permission of the HoPR or the Chief Commissioner. Article 40 establishes non-answerability for defamation for complainants to the EHRC and for EHRC reports.[3]

In 2019, Amnesty International described the EHRC as lacking independence and serving government interests rather than providing accountability for abuses.[4][10]

As of November 2019, the EHRC paid low salaries. The chief commissioner earned an after-tax salary of US$270 per month, typical for Ethiopian civil seravnts. Spending of the US$3 million annual budget required approval by the Ministry of Finance, which was seen as a constraint on the EHRC's autonomy. The EHRC received hundreds of complaints monthly in 2019, but could only investigate a small percentage due to its lack of talented staff and budgetary autonomy.[11]

Investigations

30 June–2 July 2020 Hachalu Hundessa riots
Main article: Hachalu Hundessa riots

The EHRC published its full report on the Hachalu Hundessa riots on 1 January 2021.[12] It found that part of the killings were a crime against humanity, with deliberate, widespread systematic killing of civilians by organised groups in 40 different locations over the three days of 30 June–2 July 2020. The EHRC counted 123 deaths, 76 of which it attributed to security forces. The EHRC found that security forces successfully prevented attacks in some places, failed to prevent them in others, and appeared to have used excessive lethal force. The EHRC called for regional and federal government investigations, judicial proceedings and institutional development to prevent the recurrrence of similar events.[13]

November: Konso Zone

During 21–25 November, the EHRC investigated conflict in the Konso Zone that had taken place during 10–21 November. It found that 66 people had been killed, 39 injured, 100,000 displaced and houses and other property had been burnt. The people interviewed by the EHRC gave numerous, conflicting accounts attributing responsibility for the violence. The EHRC saw contributing factors to the violence as including unmet popular demand for administrative changes, border conflicts and competition for the use of natural resources. The EHRC made recommendations to authorities for solving the conflict. The EHRC commented that Ethiopian National Defence Force (ENDF) soldiers had left the area on 31 October.[14]

November: Mai Kadra massacre
Main article: Mai Kadra massacre

On 24 November 2020, the EHRC released its preliminary report on the Mai Kadra massacre that took place during the late 2020 Tigray conflict, after visiting Mai Kadra to collect evidence. EHRC's preliminary findings were that 600 people of Amharan ethnicity were killed by local Tigrayan youth Samri with the support of local police.[15]

December: Metekel massacre
Main article: Metekel massacre

The EHRC collected evidence following the 23 December 2020 Metekel massacre. The EHRC found that many of the victims were Shinasha and that survivors knew the perpetrators "by name and sight". The EHRC described the massacre as a "sign of a severe decline of human rights protections" and criticised the authorities for the departure of the Ethiopian National Defense Force (ENDF) from the area of the massacre on the preceding day.[16]

December/January: Humera, Dansha and Bissober

In January 2021, the EHRC published a brief monitoring report on Humera, Dansha and Bissober, based on its 14–18 November 2020 visit to Dansha, Humera and Mai Kadra, its 15–20 December visit to Dansha and Gondar, and its 31 December–5 January 2021 visit to Bissober and Ullaga.[17]

A Humera hospital employee informed the EHRC that 92 people from the ENDF and TPLF and civilians were killed in the war. Security was mainly controlled by Amhara Liyu Hayl and militia. Looting by Fano, Amhara Liyu Hayl and militia, and ENDF and Eritrean Defence Forces (EDF) soldiers was reported. Harassment of ethnic Tigrayan residents was reported.[17]

In Dansha, the EHRC estimated the number of civilians killed as 25, without details such as identity and place of burial. Residents of Dansha stated that the deaths occurred during crossfire. Ethnic Tigrayan residents stated that security had improved at the time of the EHRC's visit, but that they remained afraid of attacks and "retaliation for what happened [in] Mai Kadra". Some regular services had restarted operating as of mid-December, but electricity, water and schools remained unoperational.[17]

In Ullaga, EHRC members visited trenches that had been dug in the primary school grounds by the TPLF in preparation for war since June 2020, according to residents. The residents counted 31 civilian deaths from three days of fighting, most due to crossfire, some were deliberately killed by soldiers, and others were killed by unidentified people. Bissober residents counted 27 civilian deaths. The EHRC named 21 of the Bissober victims and four of the Ullaga victims. The EHRC documented reports of three people in Bissober executed by the ENDF after being accused of being TPLF informants, and reports of people being beaten for the same reason.[17]

The EHRC agreed with the Transitional Government of Tigray that a high level of humanitarian assistance was needed.[17]

Advisory opinions

In January 2020, the EHRC gave advice to the HoPR on a draft revision of the Ethiopian Criminal Procedure Code and Evidence Law. Motivations for the revision of the 1961 code included taking into account the federal Ethiopian system and regional and international treaties. The EHRC provided a 33-page report with 30 recommendations for improvements on the draft, recommending implementation of the requirements of "precaution, legality, necessity, proportionality and non-discrimination" in the use of force by police to minimise police brutality; minimalising the use of pre-trial detention; accountability to avoid torture during interrogations; compensatory procedures for illegal detentions; the presumption of innocence; procedures for fair trials; accounting for the needs of vulnerable groups throughout policing and judicial procedures; and concerns about traditional judicial systems.[18]

References
  1. "Mission and Values". Ethiopian Human Rights Commission. Archived from the original on 19 June 2019. Retrieved 24 November 2020.
  2. "ICL > Ethiopia > Constitution". www.servat.unibe.ch. Retrieved Dec 24, 2020.
  3. "Proclamation No. 210/2000 Ethiopian Human Rights Commission Establishment Proclamation" (PDF). Federal Negarit Gazeta. 2000-07-04. Archived (PDF) from the original on 2016-10-22. Retrieved 2021-01-06.
  4. "Skirting Human Rights Violations: Recommendations for Reform of the Ethiopian Human Rights Commission" (PDF). Amnesty International. Archived (PDF) from the original on 2020-05-03. Retrieved 24 November 2020.
  5. "Who we are - Ethiopian Human Rights". web.archive.org. Dec 24, 2018. Retrieved Dec 24, 2020.
  6. "Message from his excellence Addisu G/egziabher (Phd) Chief Commissioner of Ethiopian Human Rights Commission – Welcome to the Ethiopian Human Rights Commission web portal!!!". Ethiopian Human Rights Commission. 2018-07-27. Archived from the original on 2018-07-27. Retrieved 2021-01-02.
  7. "Message from his excellence Addisu G/egziabher (Phd) Chief Commissioner of Ethiopian Human Rights Commission – Welcome to the Ethiopian Human Rights Commission web portal!!!". Ethiopian Human Rights Commission. 2017-08-31. Archived from the original on 2017-08-31. Retrieved 2021-01-02.
  8. "Further Information on UA 299/07 (AFR 25/027/2007, 09 November 2007, AFR 25/001/2008, 9 January 2008) – Prisoner of conscience" (PDF). Amnesty International. 2008-04-01. Archived (PDF) from the original on 2020-03-25. Retrieved 2021-01-09.
  9. Alfa Shaban, Abdul Rahman (7 February 2019). "Ethiopia appoints top rights advocate as head of human rights body". Africanews. Retrieved 24 November 2020.
  10. "Ethiopia: Human Rights Commission must be reformed to correct miscarriage of justice". Amnesty International. 17 June 2019. Retrieved 24 November 2020.
  11. Guilia, Parravicini (17 November 2019). "Ethiopian human rights boss battles scant resources". Reuters. Retrieved 24 November 2020.
  12. Ethiopian Human Rights Commission (2020-12-31). ""መንግሥት ያለ አይመስልም ነበር" – የአርቲስት ሃጫሉ ሁንዴሳ ግድያን ተከትሎ በተከሰተው የፀጥታ መደፍረስ ምክንያት የተፈጸሙ የሰብአዊ መብቶች ጥሰት ምርመራ ሪፖርት" ["The government did not seem to exist" – Report on the investigation of human rights violations in relation to the assassination of Hachalu Hundessa] (PDF). Addis Standard (in Amharic). Archived (PDF) from the original on 2021-01-02. Retrieved 2021-01-02.
  13. "News Analysis: 123 people killed in June-July unrest, 76 by security forces; attacks constitute elements of crime against humanity: Ethiopia Rights Commission". Addis Standard. 2020-01-01. Archived from the original on 2021-01-02. Retrieved 2021-01-02.
  14. "News: 66 killed in recurring conflict in Konso; IDPs, victims require urgent attention: Rights Comission". Addis Standard. 2020-12-25. Archived from the original on 2020-12-26. Retrieved 2020-12-26.
  15. "Rapid Investigation into Grave Human Rights Violations in Maikadra: Preliminary Findings" (Digital report). Addis Ababa: Ethiopian Human Rights Commission. 24 November 2020. Archived from the original on 2020-11-25. Retrieved 24 November 2020.
  16. "News: Ethiopia Rights Commission says attack in Benishangul Gumuz 'sign of severe decline' of rights protection, primary duty of government". Addis Standard. 2020-12-24. Archived from the original on 2020-12-26. Retrieved 2020-12-26.
  17. Ethiopian Human Rights Commission (2021-01-18). "Brief Monitoring Report on the Situation of Civilians in Humera, Dansha and Bissober". Archived from the original on 2021-01-20. Retrieved 2021-01-20.
  18. Mekonnen, Siyanne (2021-01-14). "News Analysis: Rights Commission recommends several changes to improve draft Criminal Procedure Code". Addis Standard. Archived from the original on 2021-01-14. Retrieved 2021-01-15.
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