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OHCHR Update HR Situation in Ethiopia in 2023

OHCHR Update HR Situation in Ethiopia in 2023

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109 views24 pages

OHCHR Update HR Situation in Ethiopia in 2023

OHCHR Update HR Situation in Ethiopia in 2023

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Abraham Lebeza
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© © All Rights Reserved
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UPDATE ON THE HUMAN RIGHTS SITUATION IN ETHIOPIA

JUNE 2024
Table of Contents

Executive Summary.................................................................................................................................. 3
I. Introduction and context .................................................................................................................. 4
II. Trends of human rights violations and abuses ................................................................................. 5
III. Human rights situation in Amhara, Oromia, and Tigray .................................................................. 9
IV. Human rights impact of the state of emergency ............................................................................... 13
V. Humanitarian context: protection of internally displaced persons ................................................... 14
VI. Economic, social, and cultural rights ............................................................................................... 16
VII. Human rights promotion and protection measures by authorities and other key national
institutions ....................................................................................................................................... 17
VIII. Technical cooperation engagements ................................................................................................ 20
IX. Conclusions ...................................................................................................................................... 21
X. Recommendations ............................................................................................................................ 22
Annex I: Map .............................................................................................................................................. 24

2
Executive Summary
1. This update summarizes human rights trends in Ethiopia in 2023, in accordance
with the High Commissioner’s global mandate to promote and protect human rights, as
well as technical support provided by the Office of Hight Commissioner for Human
Rights (OHCHR) to authorities and civil society organizations (CSOs) during the
period under review. The update also provides data on incidents occurring in January
2024. It additionally captures few pertinent developments beyond that period.
2. Despite significant improvements in the human rights situation in Tigray, since
the Cessation of Hostilities Agreement (CoHA), Ethiopia continued generally to face a
challenging human rights situation in 2023, with Amhara and Oromia most affected by
violent clashes and conflicts. Arbitrary deprivations of the right to life, physical
integrity, arbitrary arrests and detention, sexual violence, breaches of freedoms of
association, expression, of movement, as well as abductions and enforced
disappearances were recorded. The most common violations included arbitrary arrests
and detentions, followed by killings of civilians, torture, enforced disappearances, and
attacks on civilian property following the state of emergency declared on 4 August
2023. These violations and abuses severely impacted the socio-economic rights of the
population, especially those affected by violence.
3. Overall, 594 incidents of human rights violations and abuses impacting 8,253
victims (of whom at least 343 were women) were recorded in 2023, a 55.9 percent
increase from 2022. State actors were allegedly responsible for 70 percent of the
violations (415 incidents), while non-state actors accounted for 22.3 percent (133
incidents) of which 25 incidents were specifically attributed to the Eritrean Defence
Forces. Out of the victims, a total of 1,106 people were killed in Amhara (740) and in
Oromia (366) in 160 incidents during the reporting period. The use of drones by the
Ethiopian National Defense Force (ENDF/Ethiopian Airforce) resulted in
disproportionate levels of civilian casualties, with 18 registered drone strikes that
caused 248 civilian deaths and injured 55 between 4 August and 31 December 2023.
Following the declaration of the state of emergency, high numbers of arbitrary arrests,
predominantly of ethnic Amhara people in different parts of the country, were
documented. Cases of sexual violence, including conflict related (CRSV), were also
recorded but remained generally underreported.
4. The humanitarian situation remained concerning, as violence and drought
continued to cause displacement and prevented the safe return of Internally Displaced
Persons (IDPs) to their places of origin. Several protection concerns affecting IDPs
were observed, including human rights violations such as arbitrary arrests and
detentions, denial of identification documents, and lack of adequate food, healthcare,
water, and housing. Moreover, humanitarian access was impeded, notably in parts of
Amhara and Oromia regions because of prevailing insecurity.
5. The update also highlights progress in the Government of Ethiopia’s policy
initiatives related to human rights. A Working Group on transitional justice that had
been previously established by the Ministry of Justice, led a policy development process
on transitional justice, conducting regional and national public consultations resulting
in an outcome report with recommendations to set up judicial and non-judicial
transitional justice mechanisms, including a truth commission, a special prosecution
unit, and a special bench to adjudicate certain cases of gross violations of human rights.
6. The transitional justice policy was adopted by the Council of Ministers on 17
April and its implementation was launched on 9 May 2024. A draft Gender Equality
and Women Empowerment Policy and a new National Policy and Strategy on Gender-
based Violence Prevention and Response were developed and are pending adoption. A
national coordinating body was established to prevent and respond to violence against
women and children in Ethiopia.

3
7. On social and economic rights, the National Health Equity Strategy (2020/21-
2024/25) that reflects equal access to essential health services for equal needs, equal
utilization for equal needs and equal quality of care for all Ethiopians by 2025 continued
to be operationalized. Additionally, the Government’s Sixth Education Sector
Development Programme (ESDP VI): 2020/21–2024/25 focuses on increasing budget
allocations for general education. In parallel, ongoing efforts are necessary to fully
realize the right to health, education, and other social and economic rights. A school
feeding programme targeting disadvantaged children was developed with the support
of WFP.
8. The Government of Ethiopia also made commitments with concrete pledges to
advance human rights, including on accountability, transitional justice, and capacity
building for the judiciary, in the context of the “Human Rights 75” global high-level
event in Geneva in December 2023, which form the basis for key Government priorities
in human rights that should be supported in 2024 and beyond.
9. In 2023, the Ethiopia Human Rights Commission (EHRC) continued to fulfil its
mandate to promote and protect human rights in the country and published important
human rights reports and statements. Dedicated joint OHCHR-EHRC support towards
the transitional justice process contributed to the implementation of all the OHCHR-
EHRC joint investigation’s recommendations on transitional justice, among others.
10. This update makes recommendations to various actors to ensure respect and
protection of human rights, and to support lasting peace in Ethiopia.

I. Introduction and context


11. In the period under review, Ethiopia continued to experience gross human rights
violations and abuses, resulting principally from continuing conflict between
Government security forces and armed groups, as well as intercommunal violence
between different clans due to border disputes amongst other reasons. In the Amhara
region, Government forces (ENDF, Amhara Regional police, including Amhara Special
Forces, and state affiliated militias) were pitted against Fano militia. Meanwhile, in the
Oromia region, fighting raged between Oromia Liberation Army (OLA) and
Government forces (ENDF, Oromia Regional Police, including Oromia Regional
Special Forces, and state affiliated militia). Despite several documented instances
where perpetrators had been brought to justice, the lack of progress on accountability
and redress for victims remained a concern. The initial steps on accountability
undertaken under the framework of the Inter-Ministerial Task Force established to
implement the recommendations of the OHCHR/EHRC Joint investigation on
violations committed in the context of the Tigray conflict were slowed down after the
signing of the Cessation of Hostilities Agreement (CoHA) on 2 November 2022, with
the Government seeking to realign them with the ongoing transitional justice process.
12. The signing of the CoHA and its ongoing implementation has had a positive
impact in the Tigray region. This includes the cessation of hostilities between the
Government of Ethiopia and Tigray People’s Liberation Front (TPLF), the reduction of
human rights violations and abuses, the establishment of an interim regional
administration, and restoration of basic services. However, the proliferation of small
arms, the disarmament limited so far to heavy weapons, limitations in the
demobilization and reintegration processes, the delayed full return of IDPs, land
disputes and underfunded recovery programmes remained serious challenges in
northern Ethiopia. Although the Government of Ethiopia and the TPLF committed to
finding a constitutional resolution to the protracted disputes on contested areas, mainly
between the Amhara and Tigray regions, this issue remained unresolved. The conflicts
in Amhara and Oromia also remained a major challenge to the Tigray peace process.

4
13. In 2023, OHCHR conducted a total of 600 monitoring missions (including 202
to detention facilities). Further to its monitoring and verification methodology,1 it
observed locations where violations and abuses had allegedly occurred, spoke to
victims and witnesses, and engaged with authorities and civil society with focus on the
Amhara, Oromia, and Tigray regions. Findings of human rights violations and abuses
and violations of international humanitarian law were made by applying a “reasonable
grounds to believe”2 standard of proof for factual determinations on individual cases,
incidents, and patterns of violations.

II. Trends of human rights violations and abuses


Summary of victims of human rights violations in Ethiopia in 594 incidents in 2023
Type of violations Male Female Gender Total
unknown
Killing 1,121 96 134 1,351
Injury 676 53 67 796
Torture and inhuman treatment 185 1 160 346
Sexual violence 82 82
Arbitrary arrest/detention 1,000 105 4,306 5,411
Enforced disappearance / abduction 187 6 50 243
Right to property 3 24 24
Total 3,169 343 4,741 8,253

14. In 2023, 594 incidents during which human rights violations and abuses
occurred, impacting 8,253 victims (3,169 men, 343 women and the rest unidentified)
were recorded. In addition, OHCHR also documented nine incidents that caused the
forced or arbitrary displacement of 42,864 victims in 2023.
15. These statistics (594 of incidents) indicate an increase of 55.9 percent in the
incidents of violations and abuses in 2023, compared to 2022, when 381 incidents were
recorded. However, more victims were registered in 2022, a total of 18,834, which
compared to 8,253 in 2023, constituting a decrease of 56.1 percent. 4This decrease in
number of victims in 2023 is largely attributed to the end of hostilities in Tigray and
fewer attacks against civilians by armed groups, notably in Oromia in 2023.
16. Out of the recorded 594 incidents of human rights violations and abuses
affecting 8,253 victims (of which at least 343 were women victims), 415 representing
70 percent of the incidents of violations5were allegedly perpetrated by state actors,
namely ENDF, federal and regional police, including special forces,6 and state affiliated

1
OHCHR Manual on human rights monitoring and Chapter on basic principles of human rights monitoring,
available at https://www.ohchr.org/sites/default/files/Documents/Publications/Chapter02-MHRM.pdf and
https://www.ohchr.org/sites/default/files/Documents/Publications/Chapter03-MHRM.pdf.
2
This standard of proof considers that there are reasonable grounds to believe that an incident of human
rights violation occurred when obtained reliable information is found to be consistent with other
information. This standard may be sufficient to call for judicial investigations into violations of
international humanitarian and human rights law.
3
This figure accounts for individuals that had their personal items illegally appropriated by state and non-
state armed actors. The total number of properties looted and destroyed is provided in paragraph 20)
4
In 2022, OHCHR recorded 2,576 killed, 1,288 injured, 221 tortured or subjected to ill-treatment, 82 victims
of CRSV, 14,595 arbitrary arrests, 11 enforced disappearances, and 61 abductions.
5
Accounting for 7,103 of the victims.
6
Special units within the regional police, with non-heavy military equipment and military training. The legal
status of the special police forces in Ethiopia under the Federal Constitution remains unclear. The
Government of Ethiopia announced in April 2023 its intention to dismantle regional special forces and
integrate them into the national army, or the federal or regional police.

5
militias7. A total of 133 incidents, accounting for 22.3 percent, were attributed to
various non-state actors and non-Ethiopian state actors. In particular, 25 incidents (4.2
percent) were specifically linked to the Eritrean Defence Forces. The remaining 3.5
percent of incidents could not be directly attributed to any specific actor, principally
due to accessibility challenges. Most of these violations were arbitrary arrests and
detentions in the context of the state of emergency (SoE), followed by killings, injury,
torture, or ill-treatment, enforced disappearances, sexual violence, including CRSV,
and attacks on and looting of property.

Figure 1: Killings in Ethiopia in 2023 by actors and regions.

17. A total of 214 incidents during which 1,351 people were killed in 2023 were
recorded. The situation was particularly concerning in Amhara region, where 740
civilian deaths (including 591 men, 19 women and the rest unidentified) were recorded
in 2023, most of which were attributed to the government security forces.
18. The situation in Oromia region also continued to be of concern, where 366 were
killed (including 46 women) in 2023 as fighting continued between Government forces
and Oromia Liberation Army (OLA). In addition, inter-ethnic clashes between Amhara
and Oromia militias, and Oromia and Somali groups, also led to casualties. For
instance, OHCHR documented the killing of 29 people (1 woman, 28 men) and injury
of 84 men as a result of the intercommunal violence between the Somali and Oromo
communities (Geri and Jarson clans).
19. In the Tigray region, there was a general decrease in human rights violations and
abuses. In 2023, OHCHR recorded 44 victims of violation of the right to life (including
three women) compared to 303 civilian deaths in 2022 in the context of the Tigray
conflict, showing a positive trend, despite the concerns of the presence of the EDF and
alleged violations attributed to them.
20. Arbitrary arrests and detention by Government forces continued in some regions
throughout 2023, especially in the latter part of the year. Ninety-three incidents of mass
detentions during which 5,411 individuals (including 101 women) were arbitrary
deprived of liberty, were recorded. Of these, 4,879 were arrested following the
declaration of the SoE on 4 August 2023 and 1,132 were released by the end of 2023.
According to article 3 of the SoE proclamation, the SoE is applicable in all parts of

7
Militias that are recruited, armed, and trained by local governments for law enforcement operations,
particularly in areas where regional police capacity is limited.

6
Ethiopia where activities endangering the security of the country prevail.8 The arrested
persons were often initially detained in police detention centers and later transferred to
ENDF detention camps. Official detention centers for the SoE were established in four
places in the Amhara region - in Central Gondar Zone, South Wollo Zone, North Shewa
Zone and in Bahir Dar city, as well as the Awash 40 detention center in Afar region.
Meanwhile, infighting between two factions of the Ethiopian Orthodox Tewahedo
Church in early 2023 led to the arrest of at least 130 persons between February and June
2023 in Addis Ababa, Oromia, and Amhara regions.
21. The unnecessary and disproportionate use of force by law enforcement
personnel, including police brutality, and other ill-treatment during detention remained
of concern, with instances of torture or ill-treatment reported within police detention
centers. Out of the 346 victims of torture or inhuman treatment documented in 2023,
the highest number of cases were registered in Addis Ababa and in Somali region, with
160 and 126 victims respectively, perpetrated by state actors.
22. In conflict-affected-areas, 141 cases of injuries were recorded, affecting 796
civilians (including 53 women). Out of these, 370 civilians (including 34 women) were
in the Amhara region, with Oromia and Tigray regions recording 203 (4 women) and
17 (2 women) respectively. The injury of civilians in Amhara was linked to the fighting
between the ENDF, Amhara Regional forces on one side and Fano militia on the other,
which escalated during the reporting period.
23. In 2023, 28 incidents of mainly civilian properties looted and destroyed were
recorded, resulting in the destruction of 2,494 private houses, with looting of five
private houses, nine vehicles, 1,357 livestock, one hospital, 15 buildings and shops, and
26 private properties in Afar, Amhara, Central Ethiopia, Oromia and Tigray regions.
The main perpetrators include the Oromo Liberation Army (OLA), Fano militia, the
EDF, and ENDF and the Tigray forces. The EDF, in particular, had looted livestock in
areas in Tigray region falling within its control (at least eight incidents impacting 1,190
livestock recorded).

A. Sexual violence, including conflict-related sexual violence (CRSV)

Figure 2: CRSV in Ethiopia in 2023 by actors and regions.

SV/CRSV per category of perpetrator in


regions

Tigray

Oromia

Amhara

0 5 10 15 20 25 30 35

Non state actors State actors

24. During the reporting period, 46 incidents affecting 82 victims of sexual violence
or CRSV (68 women and 14 girls) were documented, reportedly committed by ENDF,
Amhara Regional Forces,9 Oromia Regional Special Forces, Oromia Police, Eritrean

8
Art. 3 of the SoE Proclamation states that the SoE will be applicable in Amhara region and all other parts of
the nation, as needed, where there are activities exacerbating the security situation in the country.
9
Unit within the Amhara Regional Police force.

7
Defense Forces and the Selam Askebari militia10. In Oromia region, 25 incidents
affected 27 victims (including at least 10 girls) were recorded. The victims in Oromia
region were both Amhara and Oromo people, as armed groups of both ethnic groups
attacked and counter-attacked each other, whilst others were victims of the fighting
between Government forces and the OLA. In Tigray region, 16 incidents of sexual
violence affecting 22 Tigrayan victims, including 10 victims below 18 years reportedly
perpetrated by the EDF. In Amhara, five incidents of CRSV affecting 33 victims
(including a minor), in the context of the conflict between the Government forces and
Fano militia, were all perpetrated by the ENDF.
25. Sexual and conflict-related sexual violence remained underreported in Ethiopia
due to the socio-cultural stigmatization of victims and fears of reprisal by perpetrators
if victims denounced them, or even simply sought medical assistance. The limited
availability of comprehensive assistance facilities or relevant specialized services in
some areas may also account for underreporting, especially in the rural areas. The lack
of awareness and limited deterrent action by the authorities also raises concerns about
future accountability for cases of conflict-related sexual violence in the country.

B. Restrictions to rights to freedom of expression and peaceful


assembly

26. In addition to the incidents mentioned previously, opposition leaders,


journalists, and civil society organizations (CSOs) faced a restrictive environment, with
freedoms of expression and peaceful assembly constrained, both before and following
the declaration of the SoE. For example, four opposition party members who were
reportedly planning to organize a peaceful public demonstration, to protest ongoing
conflicts in the parts of the country according to the organizers, were arrested by the
Federal Police on 7 December. The notice of demonstration, planned for 10 December
2023, was declined after the organizers submitted a formal request to the City Authority
on 29 November. Also, the National Election Board of Ethiopia (NEBE) reported that
at least three political parties were unduly prevented by authorities from holding their
general assembly meetings.11
27. At least 12 male journalists were arrested by the authorities since the declaration
of the SoE on 4 August 2023, while four others were arrested earlier in 2023. Three
were released on bail, including the founder of a radio station, who was arrested in
Addis Ababa on 11 September and released on 26 October after receiving
“rehabilitation training”.12 Out of the 12 journalists arrested following the SoE, eight
remain in detention, with the four journalists arrested in April 2023 held at Kaliti Prison,
Addis Ababa standing trial before the Federal High Court. Furthermore, two journalists
and one activist arrested by security forces in Bahir Dar on 14 and 20 August 2023,
respectively, remained in detention at the Awash Arba detention center in Afar region.
The others remained remanded without charges, in violation of the Media Proclamation
which prohibits remanding persons charged with committing an offence through the
media.13 During the reporting period, human rights defenders have also been arrested
due to the legitimate exercise of human rights work. For example, four members of civil

10
Selam Askebari (peacekeeper" in Amharic) was established by the Wolkait-Tegede Setit Humera Zone
administration in the Amhara region. They act as a regional security enforcement actor under the command
of the zonal administration and coordinate with regular Amhara security forces, to whom they guarantee
their support, particularly in rural areas where the regional police are not present.
11
Statement of the National Election Board of Ethiopia, 16 March 2023, available at Statement of the
National Election Board of... - National Election Board of Ethiopia NEBE የኢትዮጵያ ብሔራዊ ምርጫ ቦርድ |
Facebook.
12
The rehabilitation training provided by the government covers sensitization on issues related to criminal
law, focusing on crimes the detainees were accused of committing. The training is accompanied by
warnings underscoring that those to be released will not benefit from any amnesty or pardon if they
recommit similar crimes. The training does not have any legal grounds.
13
Media Proclamation No. 1238 of 2021, Art. 86(1).

8
society organizations carrying out their activities in relation to cases of alleged forced
evictions in Addis Ababa on 5 January 2023.
28. Moreover, following the tensions between the Ethiopian Orthodox Tewahedo
Church and the Government, temporary internet restrictions on major social media
platforms were imposed between 9 February and 18 July 2023. While the Government
justified these measures based on security reasons, the impact of these decisions
unnecessarily and disproportionately affected the population’s access to information
and, together with restrictions on media, further provided fertile grounds for
proliferation of misinformation.

III. Human rights situation in Amhara, Oromia, and Tigray


29. Violent fighting between Government forces (ENDF, Amhara Regional Police,
which included the Amhara Special Forces, and the state affiliated militia in Amhara,
known as “the Militia”) and Fano militia leading to human rights violations and abuses,
especially from July 2023 to January 2024, remained a major concern in Amhara. In
Oromia, the ongoing joint operations by the Government forces (ENDF, Federal Police,
Oromia Regional Police, including the Oromia Special forces, supported by state
affiliated militia) against the OLA resulted in violations and abuses which increased
particularly after the failure of the peace talks between the Government and the OLA.
In Tigray, with the cessation of hostilities holding, particularly in the areas under
control of the Tigray Interim Regional Administration (TIRA), there was a marked
reduction of human rights violations and abuses.

A. Human rights situation in Amhara region

30. In 2023, a total of 179 incidents of human rights violations and abuses were
documented in Amhara with 3,163 victims (1,099 men, 89 women, 1,975 unknown).
During the SoE alone, from August 2023 to January 2024, 107 incidents of human
rights violations and abuses and violations of international humanitarian law with 2,424
victims (689 men, 71 women, and 1,664 whose gender could not be determined) were
documented.
31. The major perpetrators were the ENDF, Amhara Regional Police and state
affiliated militias. Besides Unmanned Aerial Vehicles (UAVs), Government forces
used heavy artillery weapons that damaged homes and properties, while Fano resorted
to gunshot and grenade attacks. OHCHR documented cases of extrajudicial killings, as
well as attacks against civilians and civilian objects, resulting in heavy casualties.
Additionally, the state of emergency declared in August 2023 suspended judicial review
of detentions, leading to widespread arbitrary arrests not only in Amhara but also in
other parts of the country.
32. In total, Government forces (ENDF and Amhara Regional Police supported by
state affiliated militias) were allegedly responsible for the majority of the incidents (150
out of 179) and 2,829 victims (820 men, 74 women, and 1,935 whose gender could not
be determined). The ENDF alone was responsible for 86 of the incidents perpetrated by
all Government forces, in which 2,559 victims (578 men, 63 women, 1,918 gender
unknown) were affected. Fano was allegedly responsible for at least nine incidents of
human rights abuses with 52 victims (36 men, 16 unknown gender), and other non-state
actors were allegedly responsible for nine incidents, while the remaining incidents
could not be attributed.
33. The use of UAVs by the ENDF/Ethiopian Airforce resulted in numerous civilian
casualties, with 18 recorded UAV strikes that caused 248 civilian deaths and injured 55
between 4 August and 31 December 2023, and destroyed vital facilities, for example
schools and hospitals, as well as private homes, raising concerns about the extent of
compliance of these strikes with international law. Strikes continued to cause civilian

9
suffering in 2024, with one UAV attack registered in January which resulted in 16
civilians killed. Also, the Fano attacks, and the operations carried out by state armed
forces with summary executions in and shelling of civilian-inhabited areas in response
between August 2023 and January 2024, spread fear amongst the population and
claimed many lives.
34. The ENDF and Government security forces were involved in violations of
international humanitarian law, including extrajudicial and arbitrary executions,
airstrikes with UAVs and heavy artillery against civilians; injury of civilians;
rape/conflict-related sexual violence; attacks on and destruction of civilian objects;
attacks against medical personnel; attacks against religious sites; arbitrary arrests;
torture or ill-treatment; and the use of schools for military purposes. More recently, on
29 January 2024, at least 89 civilians were reportedly executed by Government forces
in Merawi town (34 km from Bahir Dar), Mecha district, North Gojjam Zone. The
incident reportedly followed an attack by the Fano on an ENDF military camp. No
action is known to have been taken by the authorities to investigate this incident.
35. At least 39 schools were allegedly occupied and used by ENDF,14 and three
attacks on schools by unidentified armed actors were registered. One example was an
incident on 15 December 2023, during which at least three teachers were reportedly
abducted from Dembecha Senior Secondary School, in Dembecha town, West Gojjam
Zone, Amhara region. At least 4,178 schools remained closed by January 2024 due to
the conflict and as a result, about 2.6 million students and children across Amhara are
out of school.
36. The Fano militia was responsible for killings of civilians, abuses of the right to
physical integrity, attacks on and destruction of civilian objects; attacks against medical
personnel; attacks against ambulances; and arbitrary arrests. Fano attacks targeted
mainly Government forces and personnel. Fano also reportedly occupied and used
many schools in some locations in Amhara region for military purposes.15
37. The conflict in the Amhara region represented a major threat to the northern
Ethiopia peace process, including efforts on the national dialogue, transitional justice
and the disarmament, demobilization, and reintegration (DDR) process. The
Government expressed commitment towards peaceful resolution of the various
conflicts, in addition to some community-based and regional peace initiatives.16 In
November 2023, during his address to the 4th regular session of House of People’s
Representatives, the Prime Minister of Ethiopia called on all armed groups to lay down
their weapons and embrace peaceful methods to resolving disputes. On 6 February
2024, during his address to Parliament, he also expressed openness to engaging in
dialogue to peacefully resolve the unrest in Amhara,17 On 12 December 2023, the
Amhara regional administration issued a seven-day peace appeal to address the region's
security and peace challenges, which was extended for an additional week on 18
December 2023. These pronouncements represented a positive step in the right
direction but their impact towards peaceful resolution of the conflict in the region
remained to be seen.
38. The National Dialogue Commission (NDC) on its part, has undertaken peace
initiatives including wide-ranging consultations with diverse socio-professional,

14
Amhara Regional Education Bureau, update of 13 December 2023.
15
Ibid.
16
Peace agreement between the Gambella Regional State Government and Gambella Liberation Front (GLF),
February 2023.
17
During his address to the House of the People on 6 February 2024, Prime Minister Abiy outlined the
Government focus areas to addressing the conflict in Amhara which included openness to peaceful
dialogue, sustaining what he referred to as law enforcement operations and addressing unemployment for
the youth. He also outlined three common concerns for the people of Amhara which need to be addressed
including development, constitutional amendment to be addressed through national dialogue and territorial
claims which the government would explore all options with the support of scholars and key stakeholders.

10
political, the diaspora and CSO groups and called for peace across Ethiopia18from May
through December 2023.19 The NDC’s initiative to convene a diversity of
representatives, including elders, intellectuals, CSOs, and other stakeholders, including
from Amhara, was a positive step and would increase the legitimacy of the process as
it would allow parties to put across their demands and issues. The Commission also
invited armed groups to participate in the national dialogue process, reiterating its
intention to provide a safe environment for their participation.20 However, armed
groups did not formally commit to participating in the consultation process. Meanwhile,
opposition parties such as the Oromo Liberation Front (OLF) and the Oromo Federalist
Congress (OFC) have decided not to partake in the process, citing concerns and
reservations regarding the Commission’s approach.

B. Human rights situation in Oromia region

39. In Oromia region, violations and abuses including killings, destruction of


property, rape, and abductions were allegedly committed by the OLA in the context of
its ongoing fighting with Government forces (ENDF, Federal Police, Oromia Police,
Oromia Special Forces, and state affiliated militia). In 2023, 188 incidents of human
rights violations and abuses impacting 1,488 victims in the region were documented. In
January 2024 alone, at least 11 persons were killed, all of which were attributed to OLA.
40. Victims attributable to Government forces were killed as a result of gunshots
and bombardments, while OLA-attributed victims were killed mainly due to gunshots.
Some victims were also caught in crossfire between Government forces and OLA or
militias.
41. In this context, on 7 November 2023, the Government of Ethiopia and the OLA
commenced the second round of peace talks in the United Republic of Tanzania, with
the support of Intergovernmental Authority on Development (IGAD) and the European
Union, as well as Kenya, Norway and the United States.21 This could have resulted in
significant progress on human rights in Oromia region. However, on 21 November
2023, both parties released statements disclosing that negotiations had ended on 21
November without any agreement,22 with each blaming the other.
42. The failure of the peace negotiations resulted in increased killings and injuries
of civilians, abductions, destruction of civilian property, CRSV, new mass
displacement, shutdown of telecommunications, movement restrictions impeding
humanitarian activities, more heavy militarization of Oromia region by the Government
of Ethiopia and a flare-up of Oromo-Amhara targeted ethnic fighting. The situation in

18
https://www.thereporterethiopia.com/36160/
19
On May 2023, with the setting-up of the NDC’s National Advisory Council, the NDC embarked on the
selection of agenda issues and participants across Ethiopia. In September 2023, participants, and agenda
selection in six regions was completed and the participants convened in Addis Ababa for further
consultations. Meanwhile, consultations with the diaspora, took place from 9 December 2023 through
January 2024.
20
https://addisstandard.com/national-dialogue-commission-invites-armed-groups-to-negotiations-assures-
security-guarantees/ ; https://x.com/EthioNDC/status/1790705040778219991.
21
Addis Standard (8 November 2023) <Update: US, IGAD, Kenya & Norway key peace talk facilitators;
OLA southern command chief arrives in Dar es Salaam - Addis Standard>; The Reporter (18 November
2023) https://www.thereporterethiopia.com/37455/.
22
OLA international Spokesperson released the OLA official statement made on 21 November 2023 regarding
the conclusion of the peace talk, available at (1) Odaa Tarbii on X: "The recent round of peace talks aimed
at resolving the ongoing conflict in the Oromia region has been concluded without an agreement. In
anticipation of a different reality for the Oromo people and the people of the country at large, the OLF-OLA
involved its highest leadership in… https://t.co/4RfEPUw0r1" / X (twitter.com) > accessed on 21 October
2023. The Government of Ethiopia has also released a press statement through FDRE communication
service, the Amharic version is available at <(1) FDRE Government Communication Service on X: "ከሸኔ ጋር
በሁለት ዙር ሲካሄድ የነበረው ንግግር ያለ ውጤት ተቋጭቷል። ***** የመግለጫውን ሙሉ ይዘት ከዚህ በታች ያገኛሉ #Ethiopia 🇪🇹
https://t.co/YgtUrHOXN6" / X (twitter.com)> accessed on 21 November 2023.

11
Oromia underscores the need for urgent dialogue to resolve the conflict, which
continues to take a heavy toll on people.

C. Human rights situation in Tigray region

43. In Tigray, particularly in the areas under the control of the Tigray Interim
Regional Administration (TIRA), and with the cessation of hostilities holding, there
was a marked reduction of human rights violations and abuses, continued restoration of
services and freedom of movement. According to the Government, efforts to restore
services and support long-term development in the Tigray region following the signing
of the CoHA had been largely successful. It has been noted that billions of Ethiopian
Birr had been spent in restoring air transport, telecommunication, electricity, banking,
education, health services, and reopening factories with so far 217 factories having been
reopened although resource constraints remained a challenge for further progress. 23
44. Despite the progress made, arbitrary arrests largely in the disputed territories of
the Western Zone of Tigray accounted for most of the violations in the region in 2023.
Responsibility for human rights violations and abuses in Tigray region was largely
shared by the EDF and Amhara forces (Amhara Regional Police, state affiliated militia,
and Selam Askebari), and, to a lesser extent, the Fano militia. Meanwhile, the Tigray
Regional Police, which was still being reconstituted, was also alleged to have
perpetrated some violations.
45. In 2023, 73 incidents of human rights abuses and violations affected 1,716
victims (181 men, 35 women, and 1,500 where gender disaggregated data was
unavailable), compared to 63 incidents and 705 victims in 2022 in Tigray. The increase
in 2023 is explained by the large number of ethnic Tigrayans (1,500 victims) arrested
by Amhara regional forces (Amhara Regional Police, Amhara Militia and Selam
Askebari) in disputed areas currently under its control. However, most of those arrested
were subsequently released during the reporting period.
46. Regarding deaths of individuals, there was a significant decrease of incidents
that affected the right to life in Tigray in 2023, with 16 incidents (44 deaths) registered
compared to 31 incidents (487 civilian deaths) registered in 2022. Similarly, in 2023
two incidents of torture and ill-treatment were registered (affecting 15 victims) as
compared to three incidents (67 victims) in 2022. As indicated above, the prevalence
of violations and abuses of human rights in 2023 was largely registered in the disputed
areas, and in areas reportedly under the control of the EDF.
47. In areas in Tigray under its control, the EDF perpetrated abductions, sexual
violence, arbitrary detentions, and killings, in at least 25 incidents of violations
affecting 77 victims (68 men, 9 women). Furthermore, forced displacements were
reported in disputed areas in Tigray under the control of Amhara regional forces.
48. Unexploded ordinances (UXOs) in the Tigray region continued to be a matter of
concern. A total of 41 sites were found to be contaminated with UXOs, including
explosive remnants of war, according to the data from the United Nations Mine Action
Service (UNMAS) in June 2023. Between January 2022 and December 2023, UXOs
allegedly resulted in at least 1396 victims (64 percent children), including 194 deaths
and 1202 injuries.24 The victims were spread across 13 districts in Tigray. 25 While

23
Prime Minister Abiy Ahmed's remarks in response to questions from Members of the House of Peoples
Representatives during his address to parliament on 6 February 2024 in Addis Ababa, Ethiopia:
https://www.youtube.com/watch?v=dKyC2stU164
24
Source withheld.
25
The 13 woredas (districts) in Tigray including Adiet, Aberegelle, Axum, Embaseneiti, Endabatshima
Hawzien, Keyihtekli, Kilteawlaelo, Kolatembien, Mekelle, Seharti, Shire and Zana...

12
UNMAS conducted mine clearance in some areas in 2023,26 further urgent demining
action is necessary in all locations that were affected by active fighting.
49. The disarmament, demobilization and reintegration (DDR) process has been
slow. The National Rehabilitation Commission (NRC), through DDR programme,
seeks to disarm, demobilize, and reintegrate an estimated 370,000 ex-combatants in
eight regions. During the reporting period, some 55,000 ex-combatants were
disarmed,27 whereas those not disarmed remained in disengagement sites. The living
conditions in these sites as well as for those disarmed that live in host communities,
were reported to be below international standards, including access to food, health care,
psychosocial support and skills training. While some funding for the DDR programme
was secured from international partners, the delay in obtaining sufficient resources for
it continued to affect the human rights of ex-combatants and the broader response
initiatives around DDR. Over 300 wounded and sick ex-combatants also faced
untreated trauma and psychological distress.28 Approximately 150 ex-combatants in
January 2024 carried out a protest in Mekelle regarding access to healthcare, living
conditions, and the prolonged delay in reintegration. A slow DDR process has the
potential to undermine the implementation of the CoHA, as disgruntled ex-combatants
may easily return to arms, or stir instability.

IV. Human rights impact of the state of emergency


50. The declaration of a six-month national SoE under Article 93(1) of the Federal
Democratic Republic of Ethiopia Constitution on 4 August 2023,29 by the Council of
Ministers was reportedly prompted by the difficulty in maintaining law and order by
the Amhara regional administration where “illegal activities accompanied by weapons”
were spreading.30 The issuance of the SoE was preceded by the Amhara regional state
President’s call on 3 August 2023 for the Federal Government’s intervention, indicating
the security situation in Amhara region had exceeded capacities of regular law
enforcement capacity in the region.31
51. The SoE suspended judicial review of detentions conducted on account of the
SoE, while implicitly restricting other non-derogable rights. The SoE decree laid down
several offenses, with penalties of imprisonment ranging from three to ten years. One
of the crimes set out under the law was the provision of “moral support” to armed
groups. The law also left out several of the rights delineated under Art. 4(2) of the
International Covenant on Civil and Political Rights (ICCPR), ratified by Ethiopia in
1993, as non-derogable, including the right to life, right to a fair trial, non-retroactivity
of criminal law, and freedom of thought, conscience, and religion. In addition, the rule
of nullem crimen sine lege (no crime without law) stipulated under Art. 15(1) of the
ICCPR remained far from being respected.
52. Under the SoE, 4,879 arrests (disaggregated data not available) in 16 detention
centers or sites, in 12 towns, were recorded during 2023. Many were arbitrarily detained
and faced prolonged pre-trial detention periods. OHCHR advocacy contributed to the
release of 1,132 people arbitrarily detained by the end of December 2023. Internet shut

26
A total of 2000 schools have been cleared from UXO by UNMAS in partnership with Tigray landmine
action unit. In Northwestern zone there are 31 sites that are still affected by UXO, some of which are still
not accessible due to insecurity.
27
Unverified reports indicate the demobilization of 100,000 ex-combatants by TIRA as of March 2024.
28
OHCHR obtained information from an ex-combatants’ treatment/rehabilitation centre in Mekelle, Tigray.
29
State of Emergency Issued to Maintain the Peace and Security of the People Proclamation No. 6/2023
(hereinafter SoE Proc. No. 6/2023).
30
SoE Proc. No. 6/2023, Preamble, para. 2.
31
Ethiopian News Agency, The Amhara Regional Government requested for the Federal Government to take
all necessary legal measures in the Amhara Region because it has become daunting to control the Security
situation in the Region using regular law enforcement mechanisms
https://www.ena.et/web/amh/w/amh_3162055 (3 August 2023).

13
down imposed during the SOE in the region has adversely affected communication and
flow of information in the region.
53. A General Command Post (GCP) headed by the Director General of the National
Intelligence and Security Service (NISS) and comprising the ENDF, Federal Police,
Government Communication Service, and the ruling Prosperity Party, was constituted
to enforce the SoE at federal level.32 Four command posts (West Amhara, East Amhara,
Northwest Amhara, and Central Showa) were also established in Amhara region to
enforce the SoE. The General/Emergency Command Post may order the closure or
suspension of media houses suspected of misconduct and the vagueness of the
qualification of misconduct can be arbitrarily applied, affecting individuals, CSOs, and
media outlets. The House of People's Representatives approved the SoE on 14 April
2023, as required by the Constitution.33 The SoE created an Inquiry Board, comprising
of seven members of Parliament that oversee the implementation of the SoE. The
Inquiry Board visited three detention centers in Bahir Dar, Gondar, and the Federal
Police detention center in Addis Ababa, although the findings were not made
available.34 The Inquiry Board mechanism could be a positive initiative, but the extent
to which the Board effectively fulfilled its oversight role remained uncertain.

V. Humanitarian context: protection of internally displaced


persons
54. The humanitarian situation in northern Ethiopia remained concerning, as
conflicts in various parts of the country continued to cause displacement and prevent
safe and sustainable return of IDPs to their places of origin. While the CoHA allowed
for the return of some IDPs, new conflicts and instability caused new displacements,35
including in Amhara and parts of Oromia, and in Western and Southern Tigray.36
Humanitarian access was impeded in parts of Amhara and Oromia regions because of
insecurity, while in some parts of Somali region severe rainfall damaging roads made
it difficult to deliver aid to the affected communities in November and December 2023.
55. With almost 4.5 million IDPs and more than 20 million people affected by the
conflict, violence, and natural hazards across Ethiopia,37 the pause in the delivery of
food aid by main non-governmental food partners from April to November 2023,38 due
to reports of diversion of food aid across the country,39 seriously affected IDPs and
generally aggravated food insecurity for communities grappling with the impact of

32
በአራት ኮማንድ ፖስቶች የተዋቀረው የአማራ ክልል በፍጥነት ወደ መደበኛ እንቅስቃሴው ይመለሳል ተባለ - BBC News አማርኛ
33
Art. 93(2) of the Federal Democratic Republic of Ethiopia Constitution (Federal Constitution).
34
While not officially published, a media coverage that followed the visit in detention centers in Addis Ababa,
indicate the board announcing that the human rights treatment of detainees was good:
https://borkena.com/2023/08/21/ethiopia-investigation-board-of-state-of-emergency-announces-only-226-
people-arrested/
35
IOM estimated that 668,117 people were internally displaced between September 2022 and September
2023, available at https://dtm.iom.int/reports/ethiopia-national-displacement-report-17-august-september-
2023?close=true
36
For example, in Amhara, over 200,000 people were displaced due to protracted intercommunal violence
involving the Amhara and Oromo communities in North Shewa Zone and Oromia Special Zone on 21-26
January 2023, see https://reliefweb.int/report/ethiopia/ethiopia-situation-report-2-feb-2023 and in Oromia,
recent hostilities in West Gojam, Amhara, led to the displacement of about 4,000 people to Horo Guduru
Wellega Zone in November, see https://reliefweb.int/report/ethiopia/ethiopia-situation-report-1-dec-2023
37
OCHA, Ethiopia: Humanitarian Response Plan Summary 2023, available at
https://reports.unocha.org/en/country/ethiopia/.
38
See statement about suspension of aid by the United Nations World Food Programme, 3 May 2023,
available at https://www.wfp.org/news/wfp-statement-diversion-food-aid-ethiopia-0
39
Food aid was suspended across Ethiopia from April to November 2023, as USAID, the main donor to WFP
decried misappropriation and diversion of food destined for IDPs. Control and due diligence measures
instituted by Government and its partners deemed satisfactory by the donor, allowed for the resumption of
Refugee operations in October and Relief assistance in December

14
conflict, climate shocks, and high inflation rates, resulting in increased use of negative
coping mechanisms.40 In 2023, food insecurity and rising malnutrition in Afar, Amhara
and Tigray and other regions surpassed globally recognized crisis thresholds. 41
56. IDPs in northern Ethiopia also faced very serious protection challenges,
including arbitrary arrests and detentions, lack of acquisition or provision of
identification documents, and lack of access to food, healthcare, water, and shelter. The
Humanitarian Country Team (HCT) and related protection actors alongside local
authorities mainstreamed human rights in humanitarian interventions through regular
human rights and protection monitoring, reporting and advocacy work in Afar, Amhara,
Oromia, Somali, and Tigray regions. OHCHR also contributed to the drafting of the
IDP Proclamation for Ethiopia together with other UN and humanitarian partners,
which is under consideration by the Ministry of Peace and Ministry of Justice. The
proclamation is intended to provide legislative protection for IDPs in line with relevant
international instruments and in conformity with human rights norms and standards. It
should be prioritized as part of the critical reforms to lay a foundation for programmatic
response and address the plight of the IDPs, thus contributing to the broader issue of
durable solutions for the people in the affected regions.
57. In terms of the return of IDPs, the situation remains of concern. However, some
progress was noted during the period under review. Ethiopia had approximately 3.2
million returning IDPs, as of mid-2023, which is the highest globally according to
IOM’s Displacement Tracking Matrix. Between November and December 2023, an
18th Village Assessment Survey (VAS) conducted in the auspices of the International
Organization for Migration's Displacement Tracking Matrix (IOM DTM) noted that
586,187 returning IDPs households, comprising 2,548,685 individuals, across 2,580
accessible villages. These returning IDPs were in Tigray, Oromia, Afar, Amhara and
other regions notably Benishangul Gumuz, Central Ethiopia, Gambella, Sidama, and
Somalia. Tigray region hosted the highest number of returning IDPs, with an estimated
967,257 individuals, followed by the Amhara region with 951,931 individuals and the
Afar region with 222,179 individuals. Tigray region also reported the highest number
of villages hosting returning IDPs initially displaced due to conflict.
58. Despite the conflict in Amhara, the IOM survey also found that an estimated
229,000 households comprising 951,931 returning IDPs were identified across 740
accessible villages in the region. This marked a significant increase of 561,994
returning IDPs (+144.1 percent) in coverage of 371 villages in August and September
and 740 villages in December 2023, compared to the previous round 17 (August -
September 2023), even though some areas remained inaccessible due to insecurity. The
increase in the number of returning IDPs is largely due to the increase of the number of
villages covered. Overall, IOM DTM’s data underscores the complex dynamics of
internal displacement in Ethiopia, influenced by factors such as conflict, climate-
induced issues, and accessibility challenges. This implies that without the conflict in
regions such as Amhara and Oromia, the rate of return could be much higher,
underscoring partly the need for a speedy durable solutions strategy for the country.
Premature return also can lead to protection concerns and multiple displacements and
this the need for peace in insecure areas.

40
See WFP Ethiopia Annual Country Report 2023, available at https://www.wfp.org/publications/annual-
country-reports-ethiopia
41
See Joint Statement by Ambassador Shiferaw Teklemariam, Commissioner of the Ethiopian Disaster Risk
Management Commission and Dr. Ramiz Alakbarov, United Nations Resident and Humanitarian
Coordinator in Ethiopia on urgent funding needs for the ongoing response to food insecurity across the
northern highlands of Ethiopia, 1 February 2024, available at
Joint_EDRMC_UN_Statement__1_February_2024.pdf (mcusercontent.com)

15
VI. Economic, social, and cultural rights
59. The enjoyment of economic, social, and cultural rights in Ethiopia was affected
by conflicts, climatic issues, and the current socio-economic situation of the country.
Natural climatic disasters, conflicts, destruction of both private and public
infrastructures, including health facilities and schools, negatively affected the
enjoyment of people’s human rights. This was particularly the case in conflict hit
regions of Amhara, Oromia, parts of Tigray, as well as Somali and Afar regions.
Meanwhile, the demolition of houses in Sheger City, around Addis Ababa, from
February to March 202342 including reportedly even of those with legal title deeds;
forced evictions amidst urbanization and development projects in Addis Ababa and
other towns across Ethiopia, exacerbated the situation as vast populations who already
lived on the economic margins.
60. In Tigray, some notable improvements were observed regarding the availability
and access to healthcare after the cessation of hostilities and resumption of social
services. However, especially in non-TIRA controlled locations (more so, in areas
under the control of the EDF) many health facilities were not functional, negatively
affecting the right to health. Efforts by the TIRA, the Ministry of Education and other
partners enabled some progress towards the resumption of education. While a
considerable number of schools started functioning again,43 other schools were
inaccessible due to the continued presence of ex-combatants, affecting the right to
education for all school-age children in the region. Allegedly,44 out of 2,492 schools in
Tigray, 22 percent (552) schools in the assessed districts are occupied by Eritrean
Defence Force and Amhara forces while 4.2 percent (105) of the schools were still
occupied by IDPs.
61. In the Amhara region, the fighting engendered population movements and road
travel restrictions affected the livelihoods of many in 2023. Primary and secondary
school enrolment in the region experienced a significant decline in 2023. The number
of student enrolment for the 2023 academic year dropped to 2.9 million in 2023 from
6.2 million in 2022, as reported by the Amhara Regional Educational Bureau.
Additionally, according to the Amhara Regional Educational Bureau, over
30045primary and secondary schools in the region were being used for military
purposes, with 52 schools destroyed in violation of international law. Moreover, 10
universities46 in Amhara region remained closed by December 2023, due to insecurity.
62. While during and after the conflict, children in northern Ethiopia were deprived
of their right to education, also due to the destruction of schools and occupation of some
by IDPs, following the Pretoria peace agreement, schools started reopening through
2023 and distribution of learning and teaching materials is notably increasing. The
Ministry of Education has endorsed the national school feeding policy framework and
strategy supported by a ten-year strategic plan to improve the enjoyment of the right to
education during the reporting period. The Government’s school feeding programme,
implemented by the Ministry of Education, in collaboration with the World Food
Programme (WFP), has sustained some level of enrollment in Tigray, parts of Amhara,
and Southern Ethiopia regions - although this needs to be increased. In Tigray region,
the WFP-organized school feeding programme covering 10 woredas across 27 schools
which will enhance educational support through nutrition.47 On the other hand, the
Addis Ababa city administration has institutionalized school feeding by creating an

42
EHRC, newly formed Sheger City breaches human rights law, April 2023, available at
https://ehrc.org/newly-formed-sheger-city-breaches-human-rights-law-report-the-reporter-ethiopia/
43
1,835 out of a total of 2,492 schools in the region resumed their activities.
44
Source withheld.
45
The Amhara Regional State Education Bureau Meeting of Education Cluster members, Bahir Dar, 16
January 2024.
46
OHCHR has observed that all 10 universities in the Amhara Region remained closed until December 2023
despite the academic year for universities in Ethiopia commencing in the second week of September.
47
World Food Programme source

16
independent agency supported by a budget line. In some areas, school meal programs
have been made universal in all public schools.
63. Some measures are reported to have been taken to make health services
accessible in the rural parts of the country far away from urban centers. These include
making health posts accessible in all kebeles, increasing the number of health centers,
and increasing the number of primary hospitals although this remains a challenge in
areas affected by conflicts. A 15-year health extension improvement roadmap of 2021
also continued to be implemented through 2023 to further make the health extension
programme more accessible.
64. The right to housing remains a serious challenge in Ethiopia, especially in the
conflict affected regions. To address those challenges, the Government of Ethiopia
continued to roll out its Integrated Housing Development Programme (IHDP) in which
about half a million housing units nationwide are reported to have been built and
transferred to individuals. In 2023, steps were taken to address the housing needs for
vulnerable populations in northern Ethiopia, particularly in the regions of Tigray,
Amhara, and Afar, which were severely affected by conflict and displacement.
Reconstruction programmes, integration, and resettlement support to integrate
returnees into their communities for long term housing stability were undertaken in the
context of broader recovery. In Addis Ababa, the Government, in collaboration with
Habitat and the Urban Resilience Building Assistance Network (URBAN) supported
the housing programme for vulnerable communities.48 While the programme aims at
addressing fundamental decent housing needs for vulnerable and disadvantaged
Ethiopians, its sustained implementation should pay increased attention to the effective
protection and fundamental rights of the targeted populations, and its scope should be
expanded nationwide.

VII. Human rights promotion and protection measures by


authorities and other key national institutions
65. Important policy and legislative developments were noted in 2023. The
Transitional Justice Working Group of Experts (TJWGE) that was established to lead
the transitional justice process through the development of a comprehensive victim-
centered and human rights-compliant national transitional justice policy was very active
in the delivery of its mandate during the reporting period. In January 2023, the Working
Group publicly released a transitional justice Green Paper,49 outlining policy options,
and requested feedback from national and international experts, including OHCHR. As
part of its consultative process, the TJWGE carried out over 60 extensive public
consultations with over 3,300 individuals (33 percent women) across the country
including IDPs, survivors of sexual violence, persons with disabilities, and members of
the judiciary.50 Grassroot consultations concluded with the release of a public report,
on 29 December 2023.51
66. In its outcome report, the TJWGE recommended the adoption of a policy that
encompassed all pillar components of transitional justice, including criminal
accountability for gross violations. It also recommended the inapplicability of
conditional amnesty for serious international crimes or gross violations, and provision

48
HFH-Ethiopia-FY23-Annual-Report_web.pdf (habitatethiopia.org)
49
Ethiopia Policy Options for Transitional Justice, Draft for Stakeholder Consultations January 2023,
available at https://twitter.com/MOJEthiopia/status/1610207261162348545
50
For a comprehensive overview of the consultations, please refer to OHCHR/EHRC advisory note on the
next steps towards the development of a human rights compliant Transitional Justice Policy for Ethiopia,
available at https://www.ohchr.org/en/documents/country-reports/ehrcohchr-advisory-note-next-steps-
towards-development-human-rights.
51
https://transitionaljusticeeth.org/resource/

17
of due attention to the independence of institutions which would be created and
mandated with transitional justice to ensure that justice is served for all.
67. In an important development, a transitional justice policy was adopted by the
Council of Ministers on 17 April 2024 and its implementation was launched on 9 May
2024. A public website with relevant information, such as comments and
recommendations provided by the stakeholders including OHCHR, was launched the
same day, to allow Ethiopians and stakeholders to follow and contribute to the
implementation process. The transitional justice policy, as adopted, was informed by
the findings contained in the report of the TJWGE. Its development is a positive step,
providing a more predictable policy foundation for the TJ process. The policy
endeavors to uphold a holistic approach to transitional justice by including the four key
elements of transitional justice; truth-seeking, criminal prosecutions, reparations and
guarantees on non-recurrence. For a successful, inclusive, accountable and victim
centered implementation, further legislative processes are envisaged to operationalize
the policy. The legislations and regulations necessary for the implementation of the
policy must adhere to international human rights norms and standards. This includes
ensuring that the mandates, functioning, and composition of the transitional justice
mechanisms are fully aligned with these standards. A comprehensive, time-bound
implementation strategy is crucial. This strategy should address the obligations to
ensure accountability for past crimes and realize victims’ rights to justice and effective
remedies, including adequate and effective reparations. It should also ensure
coordination with other reform processess, guarantee victims’ effective and meaningful
participation in the transitional justice process and create effective and safe spaces for
participation, including for civil society organizations.
68. The transitional justice policy provides for the establishment of new institutions,
such as a truth commission, a special prosecution unit, and a special bench and the
Institutional Reform Commission to lead institutional reforms and prevent non-
recurrence. The support of international experts through training and direct technical
advice is envisaged by the policy and will be critical in contributing to the development
of normative frameworks, drawing from comparative perspectives and international
best practices, whilst ensuring national ownership. Amnesties should be considered
impermissible if they prevent the prosecution of individuals responsible for gross
violations of human rights and serious violations of international humanitarian law.
Clear delineation of crimes subject to investigation, the implementation of modes of
liability that align with international standards and the incorporation of international
crimes into domestic law are crucial for ensuring accountability. Additionally, a
prosecutorial prioritization strategy to tackle the systemic dimensions of violations
based on objective and transparent criteria is essential.
69. While the national transitional justice process is acknowledged as pertinent and
of absolute necessity, the Tigrayan Interim Administration and civil society have
expressed reservations on its independence and limited focus on Tigray.
70. The Ministry of Justice adopted the Ethiopian Justice Sector Three-Year
Transformational Plan in August 2023 and the Free Legal Aid Strategy in December
2023 to address existing gaps in the legal framework and access to justice. Moreover,
the Proclamation on Protection of Witnesses and Whistleblowers Bill was drafted and
is expected to be finalized by the Ministry of Justice in early 2024.
71. Concerning gender justice, women’s rights and elimination of gender-based
violence and harmful traditional practice, a revision of the 1993 National Policy on
Women was initiated by the Ministry of Women and Social Affairs in 2023, while the
Gender Equality and Women Empowerment Policy and a new National Policy and
Strategy on GBV Prevention and Response in Ethiopia were drafted and are awaiting
approval by Parliament. Wide consultations with CSOs and relevant stakeholders were
conducted by the Ministry of Women and Social Affairs with OHCHR’s technical
support to revise and draft these two policies. A national coordinating body was also
established to prevent and respond to violence against women and children in Ethiopia.

18
This coordinating body has launched a revised five-year violence against women and
children strategic plan (2023-2028) to prevent violence and provide comprehensive
response to violence.52
72. In 2023, efforts were made to enhance justice delivery in Ethiopia through
capacity-building programmes for federal and regional judges on public interest
litigation and justiciability of economic and social rights. The Council of Constitutional
Inquiry (CCI) resolved 64 cases, including issues related to evictions, unfair
employment dismissals, and social security, drawing from international best practices
and adapting them to the Ethiopian context. The Ethiopian Police University revised its
curriculum to align with human rights standards and policing best practices.
73. However, progress on accountability for human rights violations and abuses
linked to conflicts was limited despite repeated commitments by the Government. The
accountability initiative that started in 2022 under the Investigation and Prosecution
Committee of the Inter-Ministerial Task Force, was not continued. The Government’s
investigations were put on hold as part of the realignment with the CoHA commitments,
especially in developing a transitional justice policy expected to inform and possibly
reform avenues for accountability for human rights violations and abuses in Ethiopia.
74. In the context of the 75th anniversary of the Universal Declaration of Human
Rights, and with the support of OHCHR, the Government of Ethiopia committed to
nineteen pledges focusing among others on transitional justice, strengthening human
rights compliance in law enforcement, ensuring accountability and access to justice,
civic space, provision of capacity building based on international and regional best-
practices including on investigation techniques on atrocity crimes. These were
announced during the country-level event to mark the “Human Rights 75” initiative in
Addis Ababa on 3 November 2023. Six concrete pledges were prioritized and
announced during the “Human Rights 75” global high-level event in Geneva in
December 2023.53
75. To address prevailing challenges and promote social and economic rights, the
National Health Equity Strategy (2020/21-2024/25) reflects equal access to essential
health services for equal needs, equal utilization for equal needs and equal quality of
care for all Ethiopians by 2025. The second health-sector transformation plan (HSTP-
II) which aims to reduce the under-5 mortality rate to 44, infant mortality rate to 36,
and neo-natal mortality rate to 21 per 1000 live births by the end of 2024/25 is under
implementation. High impact interventions have been designed including at the
community level although this has been slow, and access to health care remains
challenging and requires particular attention in the conflict affected regions. These
plans require robust measures to bring them into fruition, particularly in northern
Ethiopia.

52
Government submission/source
53
The Government of the Federal Democratic Republic of Ethiopia pledged to take concrete steps and achieve the following:
1. To develop, validate, adopt, and commence the implementation of a victim-centered, genuine, participatory, inclusive, and
comprehensive national transitional justice policy which is grounded on applicable international and regional human rights
standards and principles (adoption by the end of 2023; implementation to start in early 2024).
2. To adopt and implement the third National Human Rights Action Plans which prioritizes civil and political rights as its focus
areas,
3. To provide capacity-building training based on international and regional standards and best Practices on techniques of
investigating atrocity crimes, including conflict-related sexual violence, to prosecutors and police officers (by first quarter of
2024)
4. To enact a comprehensive legislation on the crime of torture in line with the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT) to which Ethiopia is a party to since 1994.
5. To enact a comprehensive legal framework and working procedures to implement the recently inaugurated National Free
Legal Aid Strategy.
6. To adopt and implement a national migration policy in accordance with international standards and accepted principles.

19
76. On the right to education, a 10-year Master Plan for Special Needs
Education/Inclusive Education in Ethiopia 2016-2025 is being implemented.54 The plan
aims to enlarge the concept of inclusive education beyond merely special needs
education for disabled learners to provision of education to all. However, the education
plan has also been affected by the impact of the conflict and efforts to revive
implementation are urgently needed, especially in conflict affected areas.
77. In 2023, the Ethiopia Human Rights Commission (EHRC) continued to
effectively fulfil its mandated oversight and watchdog role concerning human rights in
the country. The EHRC published critical human rights reports and statements,
documenting human rights and international humanitarian law violations such as
attacks on civilians, extra-judicial killings, and arbitrary detentions by Government
forces in the Amhara region.55 Additionally, EHRC collaborated with OHCHR to
release advisory notes and a report focused on victim-centred and human rights-
compliant transitional justice process, based on community consultations to convey
their vision and demands. The joint publications issued in October and December
2023,56 furthered OHCHR and EHRC’s commitment to supporting the Government in
implementing recommendations from the 2021 OHCHR/EHRC Joint Investigation
regarding violations committed in the context of the Tigray conflict. In order to deliver
its mandate more effectively, the EHRC needs further support in terms of resources.57

VIII. Technical cooperation engagements


78. Through its technical cooperation mandate and at the request of the Government,
OHCHR supported the strengthening of capacities of the Parliament, the Federal
Supreme Court, the Ministry of Justice, Attorney General’s Office, Agency for Civil
Society Organizations, Ministry of Women and Social Affairs, the Ethiopian police,
and CSOs. It also advised on compliance with international human rights norms and
standards as well as gender mainstreaming and women participation and protection.
79. In 2023, OHCHR in collaboration with the EHRC, provided technical support
to the TJWGE on human rights and gender through eight rounds of training for
facilitators of the regional consultations and regional experts which enabled them to
deliver quality consultations towards the development of the TJWGE report released
on 29 December 2023. OHCHR also facilitated a study mission of the TJWGE and
relevant institutions for exchange on the transitional justice process in Sierra Leone.
The study mission informed the transitional justice consultations in 2023 and is likely

54
Despite the prevailing challenges on the budgetary allocation to Education, the Government’s Sixth
Education Sector Development Programme (ESDP VI): 2020/21–2024/25, indicates the government’s plans
to increase the budget allocation for general education which needs to be actualized including in the context
of the recovery process. The approved budget for the 2023/24 fiscal year stands at Birr (ETB) 801.6 billion.
55
See for example EHRC, “Amhara Region: Concerning human rights violations in the context of the armed
conflict”, 18 September 2023. EHRC also published regular and thematic reports, including Ethiopia
Annual Human Rights Situation Report (June 2022 – June 2023), 12 July 2023; Annual Report on the
Human Rights Status of Internally Displaced Persons, 19 October 2023; Annual Report on the Status of
Human Rights of Women and Children, 6 October 2023; Annual Report on the Status of Social and
Economic Rights, 15 September 2023; Annual report on the status of disabled and elderly rights, 6
September 2023; South Ethiopia Region Human Rights Monitoring Report, 26 August 2023; Right to Safe
and Healthy Working Conditions: Construction Sector Monitoring Report, 7 July 2023; Monitoring report
on the implementation of the right to health, 9 June 2023; Monitoring report on accessibility of higher
education institutions for students with disabilities, 6 June 2023
56
Available at https://www.ohchr.org/en/documents/country-reports/ehrcohchr-advisory-note-next-steps-
towards-development-human-rights; and
https://www.ohchr.org/sites/default/files/documents/countries/ethiopia/OHCHR-EHRC-Report-TJ-28-12-
23.pdf
57
In 2023, the Committee against Torture expressed concerned that the resources allocated to the EHRC were
insufficient to allow it to perform all its functions effectively. Among its recommendations, the Committee
called on the Government of Ethiopia to ensure EHRC’s functional independence by allocating it an
adequate budget, in conformity with the Paris Principles. (CAT/C/ETH/CO/2, para. 22-23, 7 June 2023)

20
to contribute to shaping the content of the policy development process and eventually
the implementation.
80. Support was also provided to the Inter Religious Council of Ethiopia (IRCE) to
equip them with knowledge and understanding of the role of religious organizations on
transitional justice. As a result, 140 members of the IRCE were trained in August 2023,
resulting in the conduct of a four-day national prayer by the IRCE themed around peace,
forgiveness, and reconciliation, as linked to human rights and religious values.
81. OHCHR also designed and facilitated the first-ever interactions among eight
victims’ associations (including of CRSV survivors) in October 2023 which enhanced
mutual understanding among victims of human rights violations from Amhara, Somali
and Tigray regions, countering polarized narratives and ultimately promoting healing,
reconciliation, and peace.
82. At the initiative of the judiciary, OHCHR supported capacity-building
programmes for judges and judicial officers on public interest litigation, justiciability
of economic and social rights, and management of crimes of international nature with
support of international experts, to equip them with skills for the application of
international human rights norms.
83. With OHCHR’s support, in October 2023, the Government commenced an
initiative to institutionalize human rights into the curriculum of the Ethiopian Police
University (EPU). Once finalized, the EPU curriculum is expected to be rolled out to
all Police academies in Ethiopia as part of the broader efforts to reinforce prevention
and respect for human rights in the context of policing and law enforcement.
84. OHCHR continued to support CSOs, including organizations of women, youth,
persons with disabilities, victims’ associations, lawyers, and religious leaders to
enhance civic space, UPR engagement and contribute to human rights protection and
promotion. Specifically, these included increased awareness and strengthened
substantive capacities to over 1000 critical stakeholders on transitional justice and
accountability benefiting CSOs, faith-based groups, women, youths, persons with
disabilities, victims’ associations, judiciary, lawyers, religious leaders, and the TJWGE,
among others. OHCHR also supported the capacity enhancement of the Authority for
Civil Society Organizations (ACSO), the regulatory body mandated to oversee the
registration and operation of CSOs.
85. OHCHR supported the Ethiopian Women’s Human Rights Defenders Network
to mobilize members on coordination and advocacy on women rights issues. The
Network led various advocacy initiatives especially against sexual and gender-based
violence cases affecting women and girls.
86. As part of the UN and the National Protection Cluster, OHCHR contributed to
the preparation of the Humanitarian Response Plan (HRP) and Humanitarian Needs
Overview (HNO) 2024, advocating for the centrality of a human rights-based approach
to humanitarian action, while contributing substantive inputs to the Handbook on IDPs
led by the Refugee and Returnee Service (RRS).

IX. Conclusions
87. While the human rights situation in Tigray experienced relative improvement in
the areas under the control of TIRA, pursuant to the implementation of the CoHA,
violent conflicts in other parts of the country, particularly in Amhara and Oromia
regions, resulted in serious human rights violations and abuses committed notably by
Government forces (ENDF, regional forces, and state affiliated militias), OLA and
Fano, during the reporting period.
88. The continuing SoE declared on 4 August 2023 has resulted in actions by
security forces in violation of Ethiopia’s international human rights obligations. The
continued presence of the Eritrean Defence Forces in parts of Tigray region, contrary

21
to the CoHA, and the continued violations committed by these forces, also represent a
serious impediment to the peace process.
89. Urgent attention is needed to prevent further violations, ensure accountability,
and restore peace, particularly in Amhara and Oromia. Quick and effective political and
accountability steps are needed to halt the violations and abuses which are further
endangering reconciliation and peace in the country. Progressive measures, notably the
development of the transitional justice policy and national dialogue efforts, require
sustained commitment. The human rights violations and abuses documented during the
reporting period undermine the efforts by the Government of Ethiopia to foster peace
and accountability, for which a conducive atmosphere that allows people to freely
participate is of the essence.
90. Earlier progress on the realization of economic, social and cultural rights slowed
down due to the prevailing conflicts. Targeted efforts and deployment of sufficient
resources are needed in the context of recovery to ensure progressive realization and
full enjoyment of these rights by the population.

X. Recommendations
To the Federal Government and regional state authorities including Amhara
Regional Forces
• Take necessary concrete measures to stop hostilities and reduce their
impact on civilians, including through the use of UAVs, and engage
constructively in a meaningful peace process.
• Take concrete measures to ensure the protection of civilians in all
circumstances, particularly of those in a situation of vulnerability.
• Ensure accountability for all human rights violations and violations of
international humanitarian law allegedly committed by state actors,
including ENDF and allied forces, through conducting prompt, thorough,
effective, transparent, independent, and impartial investigations, ensuring
that alleged perpetrators are prosecuted in judicial procedures observing
international standards, and grant full reparations to victims and their
families.
• Ensure judicial oversight of all detentions, including persons deprived of
liberty and applicable in times of emergency, including by expanding the
list of non-derogable rights in line with international norms and standards.
• Uphold commitments and fulfil obligations to implement in full the
provisions of the CoHA, including particularly the implementation of a
comprehensive, inclusive, and participatory transitional justice process,
which includes criminal accountability, and is compliant with applicable
international human rights standards and practices.
• Take concrete measures to expand, enable and protect civic space by
ensuring respect for fundamental freedoms, notably freedom of expression,
association, and peaceful assembly, and by refraining from arbitrary
arrests of media professionals, human rights defenders, and civil society
actors, and restore internet to ease communication.
• Guarantee full enjoyment of economic, social, and cultural rights for all
sections of the populations, including in the conflict-affected regions.

To the Government of Eritrea


• Undertake prompt, thorough, effective, transparent, independent, and
impartial investigation into reported human rights violations, including

22
abductions, enforced disappearances, by EDF in Ethiopia, and hold alleged
perpetrators to account.
• Ensure EDF troops fully respect their obligations under international law,
including international human rights and international humanitarian law.
• Withdraw all its troops from Ethiopian territory and cease all incursions
into Ethiopia.

To Fano Militia Group


• Respect international humanitarian and human rights law, exercise
maximum restraint and refrain from any attacks against civilians and
civilian objects.
• Stop its fighting and engage in a meaningful political process towards
resolution of the conflict.

To the international community


• Encourage and support the Government of Ethiopia to continue and
improve the implementation of the Cessation of Hostilities Agreement
(CoHA), including of a human rights compliant and victim-centred
transitional justice and recovery efforts in northern Ethiopia.
• Encourage all parties to engage in peaceful dialogue and negotiation to
resolve grievances and conflicts, especially in Amhara and Oromia,
emphasizing the importance of a political solution.
• Emphasise need, and support advocacy efforts, for accountability by all
parties involved in the conflict, and help ensure that perpetrators of human
rights violations and abuses and violations of international humanitarian
law are held accountable.
• Advocate for immediate appropriate measures (including the establishment
of safe areas, humanitarian access, and monitoring mechanisms to prevent
further violations) to better protect civilians in conflict areas.
• Support and contribute to resource mobilization efforts for human rights,
rule of law, humanitarian assistance, DDR and other recovery initiatives.
• Continue support to OHCHR and EHRC, in their work on accountability,
transitional justice, and human rights monitoring.

23
Annex I: Map

24

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