Western activists: Read your own laws before badmouthing Ethiopia

Western activists: Read your own laws before badmouthing Ethiopia

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Sasahulh Yalew (September 24, 2014)
The past week has apparently been chosen as a week of pointing fingerers at the government of Ethiopia.
Reporters without borders claimed that :-

"Prime Minister Meles Zenawi’s death in August 2012 and his replacement by Hailemariam Desalegn raised hopes of political and social reforms that would benefit freedom of information. Sadly, these hopes have been dashed.

The repressive anti-terrorism law adopted in 2009 is a threat that continues to hang over journalists, forcing them to censor themselves. Media that dare to violate the code of silence, especially as regards government corruption, are systematically intimidated."

Similarly, a couple of so-called human rights experts stated from their offices in Geneva:

"The Government of Ethiopia has to stop misusing anti-terrorism legislation to curb freedoms of expression and association in the country.
"Two years after we first raised the alarm, we are still receiving numerous reports on how the anti-terrorism law is being used to target journalists, bloggers, human rights defenders and opposition politicians in Ethiopia".

"We call upon the Government of Ethiopia to free all persons detained arbitrarily under the pretext of countering terrorism. Let journalists, human rights defenders, political opponents and religious leaders carry out their legitimate work without fear of intimidation and incarceration."
These statements are erroneous from several angles.

First, the new Prime Minister had made it clear from the very beginning that the time-tested effective policies of Meles Zenawi will continue, as he said during his inaugural speech, to "carry through the grand plans launched by the great leader". If there was any "hope" of radical changes that was in the imaginations of Reporter without borders.
However, that does not mean there was no change at all. Indeed, he launched several projects, signed agreements, etc. as per the Growth and Transformation Plan. Indeed, the necessary reforms are not frozen, they are on-going.

Prime Minister Hailemariam appointed a coordinator of Good Governance and Reform with the rank of deputy Prime Minister few months after he became Prime Minister. Subsequently, several progresses benefit human rights in general and freedom of information in particular has been attained. The first Human Rights Action Plan has been developed and launched as part of the National Mobilization for Good Governance. Its implementation has been accompanied by several policy forums, consultations, workshops and trainings aimed at building consensus and sustaining the participation of stakeholders and for sharing lessons learned.

The Human Rights Commission has built up its capacity to monitor government actions and has made some recommendations which have been implemented by the government. For example, improvement in prison conditions has come about as a result of the commission’s study on prison facilities and the recommendations from the reports which provided the basis for an increase in the annual budget of these prisons.

Support provided to the Human Rights Commission and the Ethiopian Institute of Ombudsman (EIO) has led to improved access to justice. UNDP’s support has facilitated the creation of over 126 legal aid centers across the country. The centers have provided services to 13,867 beneficiaries, of which 50 percent of them are women.

Enhanced capacity of the Ombudsman has led to increased access to information and reduction in maladministration. For example from 2007 to 2013, the head office of the EIO received 30,857 cases and resolved 70 percent of it through mediation. As a result of the establishment of an Electronic Case Management in 2013, the number of cases received by EIO showed a 300 percent increase from the 2012 target it had set for itself.  The system has led to real time information on government records and report of complaints.

By June 2013, 75 federal and regional government institutions had received and responded to an estimated 15,000 requests for information from the public on government business.
Secondly, it is baseless to claim that "the Government of Ethiopia has to stop misusing anti-terrorism legislation to curb freedoms of expression and association in the country". To the contrary, the government is eagerly seeking for partners on its fight against corruption. And, has made significant progress in that regard.

In partnership with UNDP, the government enhanced the policy development, investigation/detection and awareness capacity of the Federal Ethics and Anti-Corruption Commission (FEACC), in the past 2 years.

In 2012 alone, 349 individuals were prosecuted and a guilty verdict passed on 248 of these individuals while in 2013 twelve senior government officials were charged with corruption and removed from office. In 2013 FEACC’s prosecution rate reached 67 percent, while its rate of conviction averaged 88.7 percent of cases received.

The frequency and depth of parliamentary oversight on government actions have increased both at federal and regional levels. Between 2007 and 2013, the Regional States Councils and City Councils oversight coverage increased from 30 percent to 75 percent.

In addition, the frequency and depth of oversight on government performance and public funds has improved both at federal and regional levels. Currently, Parliamentary Standing Committees (SC)  regularly review and provide critical feedbacks  on plans, programmes and reports submitted by  the executive organs under their supervision. The improved capacity of the oversight functions of Regional State Councils has led to a more timely execution of road, health and school facility developments around the country.

Thirdly, the accusation that the Government of Ethiopia is "misusing anti-terrorism legislation to curb freedoms of expression and association in the country" is farther from the truth.
As Government Communication Affairs Office Minister Redwan Hussein told the International Federation of Journalists (IFJ) Africa Director, last week, Ethiopia is committed to ensuring freedom of expression and the government has consistently adhered to keeping the rights of freedom of expression.

He also stated that despite the efforts of some interest groups to impose their hidden agendas under the name of journalism, the Ethiopian government respects the diversity of thoughts as long as ethical journalism is exercised. Ethiopia's democracy is based on accepting and acknowledging ethnic, religious and ideological differences and this is manifested in the Constitution which all should uphold.

Indeed, freedom of expression has benefitted from relevant government policies in the last two decades. Government-owned media outlets have been re-established and again and again so that they acquire a legal framework that gives them the character of a mass media. Today, these outlets consider themselves as a public media and effort to provide a people-centred service, under the guidance of a Supervisory Board directly appointed by the parliament.

Similarly, the government’s socio-economic policies have seen an exponential growth of in the number of households owning Television and radio receivers. While the number of internet subscribers stood at 2.5 million in 2013.

Moreover, there are 6 television services, of which four transmitted by regional governments from their capitals. The national television provides news and programmes at half a dozen local languages, while providing air time for privately-owned shows and transmissions from regions which are yet to launch their own TV. Private-owned television stations are expected to start once Ethiopia completes the on-going technology transition from analogue to digital broadcast technology.

The growth in radio services is even more amazing. Today, there are 3 MW radio services and 31 (thirty-one) FM radio services, almost half of which are privately owned. This is in addition to the 16 community radios - about half of the radio services serve so far neglected areas and marginalized communities. The total number of the languages of transmissions has reached about 53.

The surge in the number of languages of transmission is expected to be replicated in Television transmission in the next three years when the plan to launch about 10 more TV channels and 5 regional TV stations is completed. In addition to, several publicly-owned, private and community radio services currently in the process of licensing and launching.
The print media also has shown robust growth. The number of privately-owned newspapers and magazines currently in circulation at national level, weekly or monthly, stands around 40. This is apart from publications by the public media and those registered and circulated at regional level.

Fourthly, the accusations demonstrate that these western activists are not familiar with the laws in their own countries. The provisions of Ethiopia’s Anti-Terrorism Law [Proc. No. 652/2009] are no different from those of western countries.
For example: Ethiopia’s Anti-Terrorism Law [Proc. No. 652/2009] defines terrorist acts as follows:
An individual or a group "intending  to advance  a political,  religious or  ideological cause by coercing  the government,  intimidating  the  public  or  section  of  the  public,  or  destabilizing  or  destroying  the fundamental political, constitutional or, economic or social institutions of the country: causes a person’s death or serious bodily injury; creates serious risk to the safety or health of the public or section of the public; commits kidnapping or hostage taking; causes serious damage to property; causes damage to natural resource, environment, historical or cultural heritages; endangers,  seizes  or  puts  under  control,  causes  serious  interference  or disruption  of  any public service; or threatens to commit any of these acts."
This definition of terrorist acts often gets criticized as "too broad" by western activists and local opposition politicians. However, a look into the anti-terrorism laws of other democratic countries shows similar even broader definitions.
Let's compare the Ethiopian definition with those provided in the laws of Australia, Spain and France, as an example :-

The Australian law defines a terrorist act as: "an action or threat of action that causes serious physical harm or death to a person, or endangers a  person’s  life or  involves  serious  risk  to  public  health or safety, serious  damage to property or serious interference with essential electronic systems; and the action is done or threat is made with the intention of  advancing a political, religious  or ideological cause and to coerce or influence by intimidation an Australian or foreign government or intimidate the public or a section of the public."

Spanish law states  that an act constitutes  a terrorist offence  where  the  purpose  of  the  act  is  to  subvert  the  constitutional  order  or  to  effect  serious disturbances of public order.

In France, acts of  terrorism are  those acts "undertaken by an individual or collective with the purpose of seriously disturbing the public order through intimidation or terror by means of: willful attacks on life; money laundering or insider trading relating to terrorist activities; being unable  to account  for  resources  corresponding  to one’s  lifestyle when habitually  in  close contact with a person or persons who engage in terrorist activities.

Under Italian laws, the definition  of a terrorist act  includes "promoting, constituting, organising, managing  or  financing  organisations which  intend  to  carry  out  violent  activities,  or  assisting  any individual who participates in such organisations".

In United Kingdom, the definition of terrorism include any "political,  religious  or  ideological"  cause  that  uses  or  threatens  violence  against  people  or  property, including offences of inciting terrorism.

Ethiopia’s anti-terrorism legislation provides that individuals who take part in a terrorist act at different stages or any form will be accountable for their acts.
[Art. 4] "Whosoever plans, prepares, conspires, incites or attempts to commit any of the terrorist acts [defined as terrorist acts under the Proclamation] is punishable."

[Art. 5]“ Rendering Support to Terrorism”: - Whosoever, knowingly  or having  reason  to  know  that  his deed  has  the effect of  supporting  the commission of a terrorist act or a terrorist organization: provides, prepares or gives forged or falsified document; provides a skill, expertise or moral support or gives advice; provides, collects or makes available any property in any manner;.....is punishable.

[Art.6].“Encouragement of Terrorism” - "whosoever publishes or causes the publication of a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement  to them  to  the commission or preparation or instigation of an act of terrorism."

Similarly, Italy's law punishes individuals found to promote, constitute, organize, lead or finance organizations which promote violence for terrorist ends or to upset the democratic order. It does also provides for imprisonment of individuals who associate with such organisations and for those harboring or assisting terrorists.

In USA, the Federal Supreme Court established in two landmark rulings that the constitutional right to freedom of expression (a.k.a., the First Amendment) does not apply where the speech is directed to inciting  or producing  imminent  lawless  action  and  is  likely  to  incite  or  produce  such  action.
United Kingdom's anti-terrorism legislations punishes the "glorification"  of terrorism.

In Sweden, any attempt, preparation or conspiracy to commit a terrorist offense or failure to disclose such an offense is also deemed an offense.
Canada's anti-terrorism legislation contains provisions on incitement to hatred and incitement or fomenting terrorism.
In Germany, the government can issue banning orders against terrorist organization by citing either written material produced by  the groups or  speeches by  their leaders as  evidence of their  breach  of  the  law.

Ethiopia’s Anti-Terrorism law defines, in Article 2.4, that a terrorist organization as:-
"a  group,  association  or organization which  is  composed  of  not  less than two members with  the objective of  committing acts of terrorism or plans, prepares, executes or cause the execution of acts of terrorism or assists or incites others in any way to commit acts of terrorism".
The legislation further provides, in Article 25, that:-

Any organization shall be proscribed as terrorist organization if it directly or indirectly: commits acts of terrorism; prepares to commit acts of terrorism; supports or encourages terrorism; or is otherwise involved in terrorism.

Under Ethiopian law, it is the House of Peoples’ Representatives that has the power, upon submission by the government, to proscribe or de-proscribe an organization as a Terrorist Organization.

However, in Australia and German, the executive branch of the government can proscribe or an organization as a terrorist without parliamentary approval.

In Australia, the law define a “terrorist organization”  as an organization  that  is directly or  indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act occurs)  or  an organization that  is  specified by  the  regulations.

Under German laws, the executive can ban organizations that "promote illegality or undermine the constitution". This applies to religious organizations as well. In the recent past, six organizations and corporations have been banned from operating under domestic legislation for promoting extremist views, violence, anti-semitism  or  sedition.
Ethiopia's anti-terrorism legislation is no different from western laws with regard to evidences. The legislation permits that:-

"intelligence report prepared in relation to terrorism, even if the report does not disclose the source or the method it was gathered; hearsay or indirect evidences; digital or electronic evidences; evidences gathered through interception or surveillance or information obtained through interception conducted by foreign law enforcement bodies; and confession of a suspect of terrorism in writing, voice recording, video cassette or recorded in any mechanical or electronic device".
Similarly, in Germany's law intelligence is admissible as evidence in connection with terrorist activities. Italian laws give the police and other investigating authorities the powers to conduct the interception of communications.

Norway's laws permit for police surveillance (including electronic and technical measures) of individuals if there are good grounds for believing a a terrorist act is being prepared. When the police ask a court's approval for such surveillance, the hearings are closed.

With regard to detention and remand, under Ethiopia’s Anti-Terrorism Law Article19.1:
"the police may arrest without court warrant any person whom he reasonably  suspects to have committed or is committing a terrorist act as provided under this Proclamation. The arrested person shall have the right to be brought before a court within 48 hours of his arrest. Such time shall not include the time reasonably required for the journey from the place of arrest to the court".

According to Article 20, the court, before which an arrested person is presented may give an order to remand the suspect for investigation or trial. However:
"each  period  given  to  remand  the  suspect  for  investigation  shall  be  a  minimum  of  28  days; provided however, that the total time shall not exceed a period of four months".

However, to the contrary, in Spain a judge may order that the suspect be held  incommunicado if  they have grounds to believe  that  knowledge of  the  suspect’s  detention would  prejudice  the  investigation. This involves a limitation of detainees’ rights in two ways:  relatives may not be informed of the detention, and legal assistance is provided by a duty solicitor, not a lawyer of his own choice.

The initial incommunicado order is valid for 72 hours following arrest.  It can be prolonged for a further two days upon the authority of the investigating magistrate. The incommunicado period may extend by five days, exceptionally followed by a final period of three days. Thus, it is possible for a person against whom criminal proceedings have begun to be held incommunicado for up to 13 days.

While the detainee is held incommunicado in police custody, he may be questioned in the presence of the duty solicitor (not a lawyer of his own choosing), who is called in immediately on arrest. The lawyer may  advise  their  client  on  procedural  matters,  but  may  not  consult  privately  with  the  suspect.
In France, the  time  limits  for  pre-trial  detention  for  terrorist  offences is up to 2 years pre-trial detention for  crimes  punishable  by  10  years  imprisonment  or  less  and  up  to  4  years  detention  for  crimes punishable by more than 10 years imprisonment.

Under United Kingdom (UK)'s anti-terrorism legislations,  the  police may indefinitely detain,  without  charge  or  trial,  foreign  nationals  who  are  suspected  of  terrorism, upon an order issued by the Interior Ministry. Similarly, the Interior Ministry can impose, without court order, severe restrictions on the activities of individuals it suspects of "involvement in terrorist-related activity", but for whom there is not sufficient evidence to charge.

As the brief discussion on this article demonstrates, the western activists are detached from reality both with regards to the reality on the ground in Ethiopia as well as the legal system of their own countries.

Our unsolicited advice to the above-mentioned and other self-righteous western activists is that they would do justice to their donors and followers if they stop repeating baseless statements and take time to read the anti-terrorism legislations that are in force in Europe and America.