African CSOs were encouraged by the progressive legal reforms in Ethiopia with the advent of the new leadership in 2020, including adopting a progressive civil society legislation which lifted restrictions on civil society work in general and human rights CSOs in particular. However, recent trends, including unwarranted suspension of prominent human rights CSOs on vague and extra-legal charges, raise concerns about the reversal of the gains made by the democratic reforms in 2019.

As a host to key African Union (AU) institutions, Ethiopia plays a crucial role in upholding the principles enshrined in the AU's Constitutive Act and Agenda 2063. Ethiopia was recently elected as a UN Human Rights Council member, demonstrating its commitment to human rights. Not allowing repression to undermine regional democratic obligations and set a misleading precedent for civic space across the continent.

On 25 December 2024, the Ethiopian Human Rights Council (EHRCO) and the Ethiopian Human Rights Defenders Center (EHRDC), two prominent human rights organizations in Ethiopia, were informed of their suspension by the Agency for Civil Society Organizations (ACSO), which manages non-profit entities in the country. This decision follows ACSO's earlier suspensions of three other rights groups: the Association for Human Rights in Ethiopia (AHRE), the Centre for Advancement of Rights and Democracy (CARD), and Lawyers for Human Rights (LHR). Notably, the suspensions of CARD and LHR were briefly lifted before being re-imposed.

Ethiopian authorities sent a new wave of suspension notifications to EHRCO and EHRDC on Christmas Day, underscoring an intensifying crackdown on independent organizations. The notifications occurred when most of Ethiopia's bilateral, multilateral, and development partners had closed their offices for holidays.

In addition to the unwarranted suspension of prominent CSOs, we are concerned by troubling reports about harassment of human rights defenders by security operatives, prompting some into exile. It is utterly unacceptable to witness such a wave of repression, oppression, and the forced exile of human rights defenders. Such actions are a blatant contradiction to the democratic principles enshrined in the AU's Constitutive Act. We all know for a fact that such conduct has led some countries on the continent to large-scale conflicts. 

"These suspensions, which follow numerous attacks on civil society actors and journalists, demonstrate a clear pattern aimed at undermining independent human rights work in Ethiopia," said Prof. Adriano Nuvunga, Director of the Center for Democracy and Human Rights and Chairperson of SouthernDefenders. "There needs to be strong pushback from all those who influence the Ethiopian government."

Active participation by civil society is crucial for achieving good governance and ensuring accountability, which aligns with the key objectives of the African Union's Agenda 2063. This use of repression and coercion, along with the forced exile of human rights defenders, contradicts the principles outlined in the AU's Constitutive Act and has historically led to large-scale conflicts in various countries, including Ethiopia itself.

"Vague allegations have become a defining characteristic of the ACSO, which functions as the armed wing of the government's crackdown on Ethiopia's human rights movement," said Hassan Shire, Executive Director of DefendDefenders and Chairperson of AfricanDefenders. "In addition to the prominent groups being targeted, the real victims include all those whom these organizations have assisted and empowered. This encompasses human rights defenders and Ethiopian citizens who risk losing a vital avenue for seeking redress for abuses and improving Ethiopia's human rights situation."

We acknowledge the importance of political diversity; however, political biases should never justify violations of human rights and fundamental freedoms. The Ethiopian government must recognize that its primary responsibility is to respect and protect these rights. They should not be the ones committing violations or imposing limitations on them. Human rights should reflect people's aspirations for dignified living. It is concerning that Ethiopia has consistently ignored the decisions and recommendations of the African Commission on Human and Peoples' Rights (ACHPR), particularly those concerning the protection of human rights defenders and CSOs in general. 

While the investigative mechanism established by the United Nations (UN) Human Rights Council, the International Commission of Human Rights Experts on Ethiopia (ICHREE), was discontinued in 2023 after releasing two reports that documented grave violations of international law, including war crimes and crimes against humanity, and the need for accountability in the country the need for accountability remains paramount. Many challenges remain, and matters of concern include impunity for past and ongoing human rights violations.

"As Ethiopia joins the ranks of the world's top human rights bodies, we must see increased open criticism of the country's flawed transitional justice process, alongside greater scrutiny of its human rights record," stated Fatou Jagne Senghore, Founder of Center for Women Rights and Leadership (CWRL). "We need political pressure from strategic allies, diplomatic missions in Addis Ababa, development partners, and regional organizations. There must be more attention on outstanding human rights issues and a credible path to accountability for all serious violations and abuses committed within the country."

We believe there will be no sustainable democracy, peace, and stability in Ethiopia without an open civic space that guarantees an enabling environment for human rights defenders, organisations, and the media to operate free from hindrance, interference, and reprisals.

We urge the Ethiopian government to:

1. Show its commitment to freedom of association as enshrined in the Ethiopian Constitution by refraining from taking measures that restrict the civic space, allowing human rights defenders to carry on their activities without fear or restraint.
2. Prioritize the protection of human rights defenders in its agenda. This includes fostering constructive dialogue with these individuals and refraining from repressive actions. Moreover, the Ethiopian government must take the necessary steps to ensure that defenders can carry out their work safely, free from threats to their physical and moral integrity.
3. Reinstate without further delay the Ethiopian Human Rights Council (EHRCO), the Ethiopian Human Rights Defenders Center (EHRDC), the Association for Human Rights in Ethiopia (AHRE), the Centre for Advancement of Rights and Democracy (CARD), and Lawyers for Human Rights (LHR).
4. Engage in dialogue with the suspended CSOs to resolve any issues that may be perceived differently.
5. Refrain from authoritarian practices and to uphold the rights enshrined in the Universal Declaration of Human Rights (UDHR) and the African Charter on Human and Peoples' Rights.

We call on the International Community to:

1. Re-energise efforts to ensure scrutiny of Ethiopia's human rights situation and end impunity for violations at both regional and international levels, including the African Commission on Human and Peoples' Rights and the UN Human Rights Council.
2. Advance accountability for perpetrators of human rights violations and support human rights defenders and their organisations in Ethiopia.

Background

Following its suspension, EHRDC issued a statement detailing ACSO's allegations, which it refuted. EHRDC added that it had "regularly submitted operational and financial reports to ACSO, which have been acknowledged as lawful and compliant." EHRDC pointed to an unfair, opaque investigation conducted outside of due process. Similarly, EHRCO rejected ACSO's allegations and reaffirmed its independence.

The Ethiopian Human Rights Commission (EHRC) expressed concerns about the move and called for the suspensions to be lifted.

The suspensions come in addition to hostile acts by Ethiopian authorities against independent actors exposing systemic human rights violations in the country. These acts have included extrajudicial harassment, smear campaigns, intimidation, threats, arbitrary arrests and detentions, and physical attacks against human rights defenders and journalists.1 Several human rights defenders have been forced to leave the country.

Attacks against Ethiopia's human rights movement are a departure from the developments of 2018-2019, which included the opening of civic space, the adoption of a new CSO Proclamation, and more media freedom. Civil society at the national, regional, and international levels welcomed these developments, which led prominent civil society figures to return to Ethiopia after years of exile.

The suspension of Ethiopia's most prominent human rights groups comes in the wake of the war in Tigray (2020-2022) and as fighting continues with non-state actors in several regions of Northern Ethiopia, including Amhara, Oromia and Tigray, threatening the country's unity and stability.

Procedural safeguards related to decisions of suspension or dissolution, outlined in the 2019 CSO Proclamation (Proclamation No. 1113/2019), have been disregarded. These safeguards include a requirement that ACSO provide a written justification for any warning given to a CSO, as well as measures to be taken and a time frame to rectify the alleged violation(s) (Article 78(2)). Gradation of measures includes a "strict warning" (for grave misconduct or failure to address a simple warning), suspension (for failure to address a strict warning), and dissolution (Articles 78(3) and 78(4)).

Article 79 of the Proclamation sets out a general principle of respect for the rights of the defence and due process, including the right to be heard and the right to challenge ACSO's decisions in court.

As per Article 79, ACSO can launch and conduct investigations without judicial oversight. The Agency itself has the power to determine that it has "sufficient reason" to conduct an investigation (Article 77(2)). This term is too vague and, as such, does not constitute a procedural safeguard against decisions that constitute excessive and unlawful interference by the authorities with CSO operations. Judicial oversight can only occur at the end of the process after administrative measures have been taken by the Agency or its Director General (78(5)).

In its guidelines on freedoms of assembly and association, the African Commission on Human and Peoples' Rights (ACHPR) made clear that inspections "shall only take place where there is a well-founded evidence-based allegation of a serious legal violation" and that suspension may only be taken following a court order, and dissolution only following a full judicial procedure and the exhaustion of all available appeal mechanisms.

ACSO interpretations of the Proclamation have not been conducted in light of the overarching principle of organisational freedom. The principle set out in the Proclamation's Article 62, namely that organisations have a "right to engage in any lawful activity to accomplish [their] objectives" (62(1)), has not been observed. The ACSO seems to have misused its principles.

Regarding suspension of associations, in his best practices, the UN Special Rapporteur on freedoms of peaceful assembly and association stressed: "The suspension and the involuntary dissolution of an association are the severest types of restrictions on freedom of association. As a result, it should only be possible when there is a clear and imminent danger resulting in a flagrant violation of national law in compliance with international human rights law. It should be strictly proportional to the legitimate aim pursued and used only when softer measures would be insufficient" ("Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association," UN Doc. A/HRC/20/27, 21 May 2012, para. 75).

Signatories:

1. African Initiative of Women Human Rights Defenders
2. AfricanDefenders (Pan-African Human Rights Defenders Network) 
3. Association pour le Développement Intégré et la Solidarité Interactive (ADISI-Cameroun)
4. Cabo Verdean Network of Human Rights Defenders (RECADDH)
5. Center for Women Rights and Leadership (CWRL)
6. Child Rights Network for Southern Africa
7. CIVICUS
8. Coalition Burkinabè des Défenseurs des droits humains (CBDDH)
9. Coalition Burundaise des Défenseurs des droits de l'homme(CBDDH)
10. Coalition des Défenseurs des Droits Humain Au Bénin
11. Coalition Ivoirienne des Défenseurs des Droits Humains (CIDDH)
12. Coalition Sénégalaise des Défenseurs des Droits Humain (COSEDDH)
13. Coalition Togolaise des Défenseurs des Droits Humain (CTDDH)
14. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
15. Defenders Coalition Kenya
16. Environment and Humanitarian Actions for Wellbeing - Benin
17. Forum pour les Droits des Jeunes et Enfants au Congo (FODJEC)
18. Gender Centre for Empowering Development (GenCED) 
19. Global Centre for the Responsibility to Protect (GCR2P)
20. Grassroots Human Rights Defenders - Kenya
21. Hope Behind Bars Africa 
22. Human Rights Defenders Network - Sierra Leone
23. Human Rights Institute of South Africa (HURISA)
24. Humanitaire pour le Bien Être (EAH Bien Être)
25. Independent Commission for Human Rights Morocco 
26. International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
27. Lawyers Alert Nigeria
28. Ligue Tunisienne pour la Défense des Droits de l'Homme (LTDH)
29. Lusophone Platform for Human Rights-PLUDH 
30. National Coalition of Human Rights Defenders Uganda - Uganda
31. Network of The Independent Commission for Human Rights in North Africa (CIDH AFRICA).
32. ONG Jeunesse Innovante et Restauration du Bien Être (JERESTAURE BIEN ÊTRE)
33. Protection International Africa
34. Rede Moçambicana Dos Defensores De Direitos Humanos (RMDDH)
35. Réseau des Défenseurs des Droits Humains en Afrique Centrale (REDHAC)
36. Réseau des ONG de Promotion et Défense des Droits de l'homme (RONGDH)
37. Réseau Nigerien des Défenseurs des Droits Humains (RNDDH)
38. Réseau Ouest Africain des Défenseurs des Droits Humains (ROADDH)
39. Right2Protest Project (R2P)
40. Senior Youth of South Sudan (SEYOSS)
41. SHOAA For Human Rights 
42. South Sudan Human Rights Defenders Network (SSHRDN)
43. SouthernDefenders
44. Students for Global Democracy Uganda
45. Tanzania Human Rights Defenders Coalition (THRDC)
46. The Eastern Africa Child Rights Network (EACRN)
47. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
48. ALQST for human rights
49. Riseup training and consulting group - Ethiopia
50. Cairo Institute for Human Rights Studies (CIHRS)

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