A press release issued mid-week by the Ethiopian Human Rights Commission (EHRC) has once again painted a grim picture of the human rights situation in Ethiopia. A synthesis of the investigation the Commission conducted in the Oromia region from November 12 to November 29 following reports of conscriptions in various parts of the country in October and November, it documents the mass detention of numerous individuals, including children as young as 11 and mentally ill persons, by security forces in some parts of the region to recruit them for the national army. The investigation further revealed that the families of some of the detained individuals were forced to pay tens of thousands in bribe to secure their release. However, EHRC noted the detention does not amount to conscription, citing the refusal of the national army to recruit the detainees, and concluded that it constitutes an act that should be viewed in the context of the constitutional provisions governing liberty and prohibiting unlawful and arbitrary arrests.
Mass detention has been a favorite tactic used by successive Ethiopian governments for various political objectives, namely to suppress dissent. But it has been employed for such other purposes as beefing up the capacity of the army. While the recent round of unlawful and arbitrary arrests may not have been carried out towards this end, EHRC says the Oromia regional government officials and security forces resorted to them in order to fulfill the recruitment quota allocated to the region for the army. Although EHRC has confirmed that the Oromia region is releasing all the persons under its custody in several detention centers, there is no arguing that its actions are grave violations of the protection citizens enjoy under the Ethiopian constitution and the different international human rights instruments Ethiopia is a party to. As such it is imperative to stop a recurrence of such egregious infringements of citizens’ basic liberties.
Addressing unlawful and arbitrary arrests necessitates a comprehensive strategy that tackles the legal, systemic, and societal factors contributing to these issues. This challenge is intricate, deeply embedded in political dynamics, social unrest, and human rights considerations, especially in light of the nation’s recent experiences with intercommunal strife and political turmoil. The initial measure to mitigate this practice involves reinforcing the legal frameworks that regulate the activities of law enforcement and security agencies. The constitution of Ethiopia guarantees the right to personal liberty and security, and any infringement upon these rights constitutes a violation of constitutional principles. Consequently, reforms should focus on ensuring that laws are not only established, but also effectively implemented. These efforts need to be complimented by institutional reforms, which are critical to creating a more transparent and accountable legal system. In this regard establishing independent oversight bodies vested with the power to investigate complaints, conduct audits, and recommend changes is undoubtedly crucial.
Aside from legal and institutional reforms, there are other measures that contribute to reducing if not eliminating the prevalence of unlawful and arbitrary arrests. One is to enhance the capacity of the police and security forces in view of the central role they play in law enforcement, making it essential to provide them with the proper training that emphasizes the importance of lawful arrest procedures, dignity, and respect for all individuals and their rights, regardless of their background. Enabling and supporting the work of civil society organizations focusing on human rights advocacy is also paramount as these organizations often act as intermediaries between the government and the public, helping to amplify the voices of those who have been wronged.
The single most important measure that must be taken, however, is to uphold accountability. Accordingly, the Oromia regional government and the Ethiopian National Defence Forces must launch a joint probe with a view to bring to justice any and all members of the security forces and civilian officials who authorized, participated in or turned a blind eye to the unlawful and arbitrary arrest of innocent citizens as well as received bribes to release the persons arrested. Putting a stop to unlawful and arbitrary arrests in Ethiopia is dependent on the concerted effort of various stakeholders, including the Ethiopian government, law enforcement and civil society. This not only requires a commitment to change but also a collective effort from all segments of society to uphold and advocate for justice and accountability. It’s only then that Ethiopia can move toward a future where the rule of law prevails, and the human rights of all citizens are respected and protected.
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