Documente Academic
Documente Profesional
Documente Cultură
NOVEMBER 2016.
Table of Contents
2
Acronyms and abbreviations.
3
CHAPTER ONE.
1.1 Introduction
Ethiopia is a country with different ethnic, language, religion, culture and attitude which
necessitates the need for accommodation of and the diversified and multitude of expression and
opinion of those sects of the community. However, when history of the country is considered, it
is almost possible to conclude that those diversities are totally denied recognition.
Freedom of expression got legal recognition for the first time in the 1955 imperial Constitution.1
Although there was a formal constitutional recognition of freedom of expression during the Derg
regime, it was the history of the then time that a bit expression of political opposition to the
The 1995 Federal Democratic Republic of Ethiopia (FDRE) Constitution provides for wider,
clear, and explicit recognition of freedom of expression3. At the same time, Ethiopia has already
ratified international human rights instruments that govern freedom of expression such as,
Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political
Rights (ICCPR), African Charter on Humans and Peoples Rights (ACHPR). The ratification of
these instruments requires adjustment of domestic laws with principles and standards set out
therein.
In this research, the general framework of freedom of expression in general and that of Ethiopia
1
The 1955 Revised Constitution of the Empire of Ethiopia, Article 41.
2
Constitution of the Peoples Democratic Republic of Ethiopia (1987), Article 47.
3
Constitution of Federal Democratic Republic of Ethiopia, Article 29.
4
consulted. Subordinate laws that have direct and indirect connection with freedom of expression
are considered closely. The compatibility of those domestic laws with the international human
oppressed. Among other things, the primary way of protecting freedom of expression is through
giving recognition and guarantee in legal documents which may take different forms. That is
why different international treaties are there beyond the national jurisdiction in order to
However, freedom of expression is not without limitations. The very existence of the right itself
indicates the existence of limitations and corollary duties in the exercise of the same.
International human rights treaties to which Ethiopia is a member state has set out the normative
content of freedom of expression and grounds for its restriction which the country should
prevalent violation of freedom of expression, which can be inferred from the decision of African
Commission on Humans and Peoples Rights. Some of the violations results from the very nature
of the laws while others are due to failure of the government to fulfill its duty of enforcing while
5
In Ethiopia, there are laws in one way or another related to freedom of expression and related
matters. Next to the FDRE Constitution Broadcasting Service Proclamation No. 533/2007 and
Freedom of the Mass Media and Access to Information Proclamation No. 590/2008, Anti-
Terrorism proclamation No. 652/2009 and charities and societies proclamation No. 621/2009 are
worthy to be mentioned. These laws are expected to comply with international principles.
Accordingly, the extent of conformity of these laws with International human rights standards is
from the political perspectives is not a new phenomenon in Ethiopian history. It was there during
Dramatic change has occurred after the adoption of the 1995 FDRE Constitution, which paid
high emphasis to human and democratic rights of individuals. Since then several legislations
were passed to provide for the legal framework to ensure effective enjoyment of freedom of
expression and to put the necessary limitations. However, the consistency of these laws to the
restrictions are worthy discussion. Demarcating a clear-cut boundary between the elements of the
right itself and its restrictions need close scrutiny since there are no explicitly, objectively and
6
exhaustively listed grounds of limitations. As a result is allegation from rights groups and human
rights scholars that the legislations are inconsistent with the constitution and rights instruments.4
The ratification of international treaties inter alia requires making related domestic laws
harmonious with the treatys provisions. Thus, this research examine and evaluate the legal
regime of freedom of expression in Ethiopia in light with the obligations the country assumed by
Based on the above statement of problem the following questions are raised.
Does limitation on freedom of expression provided in the FDRE Constitution and other
subsidiary legislations are consistent with international human right instruments ratified
by the country?
freedom of expression provided under different treaties are dealt with precisely in order to
4
Report by Article 19 (Global campaign for free expression): The Legal Framework for Freedom of Expression in
Ethiopia; Hussein Ahmed Tura, Counter Terrorism Law and Freedom of Expression in Ethiopia: The Need to Strike
a Right Balance.
7
establish core obligation which Ethiopia should comply with. Further, constitutional provisions
proclamations that have connection with freedom of expression will be central point of the study.
This research clearly indicates the extent to which Ethiopia is complying with its international
obligation imposed upon ratification of human rights treaties. It also contributes to the protection
of freedom of expression and to its proper enjoyment by indicating boundary within which this
right can be exercised and possible restrictions imposed by laws without making the right itself
illusionary. It also serves as reference and literature review for future researchers working in the
areas freedom of expression by identifying the problems. Further, the study is very important for
everyone who wants to know about the general framework of freedom of expression in Ethiopia.
The broader aim and the overall objective of the study is to analyze and examine what does the
legal regime of Ethiopian freedom of expression look like in the eyes of relevant international
human rights instruments. In the course of evaluating Ethiopian domestic laws, the objective of
portraying expressions that have legal protections and that falls outside the ambit of protection
will be achieved.
8
To assess the compatibility of Ethiopian proclamations relevant to freedom of expression
Freedom of expression is one of the fundamental human rights. It is also highly related to other
human rights such as freedom of assembly, academic freedom, freedom of association and
others. Different justifications are forwarded to answer the question why freedom of expression
needs protection. The first justification provides that the need for protection arise from the
presumption that freedom of expression serves as a means to search for truth. Without freedom
of expression, we might be deprived of the opportunity to learn the truth if we have not
discovered it yet, and we cannot perfect our partial knowledge of the truth we have learnt, or will
not have the opportunity to have a clearer and that the best test of truth is the power of the
thought to get itself accepted in the competition of the market.5 The proponents of the second
justification argue that freedom of expression is a prerequisite for self-governance. They claim
that democracy, as a system of self-governance requires that citizens be well informed of issues
of public interest so they could make informed and intelligent decisions taking into account all
available alternatives.6 The third line of justification argues that the reason for protecting
freedom is for personal development of individuals. Without such freedom, human beings cannot
fully develop their personality and be autonomous moral agents with self-respect.7
5
Hassen Mohammed. 2010. Media law; Abrams v. United States, 250 U.S. 616 (1919).
6
Gedion Timothewos. 2010. Freedom of expression in Ethiopia: the jurisprudential dearth, Mizan Law Review 4(2),
203.
7
Thomas Scanlon (Winter, 1972), A Theory of Freedom of Expression, Philosophy and Public Affairs, 1(2), 2015-
226 and David A. J. Richards(Nov., 1974), Free Speech and Obscenity Law: Toward a Moral Theory of the First
Amendment, University of Pennsylvania Law Review, 123(1), 45-91.
9
Although freedom of expression is guaranteed under many treaties, in this paper only limited
instrument will be considered. Article 19 of the Universal Declaration of Human Rights (UDHR)
proclaims the right to freedom of expression, which includes freedom "to seek, receive and
impart information and ideas through any media and regardless of frontiers." UDHR is declared
as a common understanding of the peoples of the world concerning the inalienable and
inviolable rights of all members of the human family and constitutes an obligation for the
Similarly, Article 19 of International Covenant on Civil and Political Rights (ICCPR) provides
for extensive principles regarding its content, manner of exercising and the extent to which state
parties are allowed to impose restriction on freedom of expression. Coming back to our continent
Africa, freedom of expression is guaranteed under article 9 of African Charter on Human and
Moreover, on the domestic arena Article 29 of FDRE Constitution is provides for the right to
expression is a good step forward in the democratization process.9 There are also subordinate
laws such as Broadcasting Service Proclamations (BSP), Freedom of the Mass Media and Access
expression. However, since the very notion of human rights is not deeply rooted in our legal
system we lacks extensive researches conducted on the compatibility of those domestic laws
8
Final Act of the International Conference on Human Rights, 4, Para. 2, UN Doc. A/CONF 32/41, endorsed by the
General Assembly in GA Res. 2442 (XXIII, 19 Dec. 1968.
9
Nigussie Meshesha (2014). Media and Politics in Ethiopia: A Critical Analysis. Ethiop.j.soc.lang.stud. 1(2), 74-95.
eISSN: 2408-9532.
10
Although the issue of conformity with the international human rights instruments is not the core
message of his article, Gedion Timothewos has deeply analyzed the constitutional frame work of
freedom of expression in Ethiopia with grounds of imposing limitation including the quantum. 10
He also discussed the fact that domestic Courts are not entertaining cases related to freedom
expression by exploring the Constitutional provisions, rather many of the cases are dealt with as
a criminal act.11
Further, Article 19, human rights NGO established with the view of ensuring protection of
freedom of expression, have evaluated the legal framework for freedom of expression in
press law, it analyzed the already repealed Proclamation No. 178/1999. There are also
recommendations that allege Ethiopia has continued to threaten, prosecute, and imprison writers
and journalists.13
Assistant Professor Nigussie Meshesha, in dealing with media and politics in Ethiopia, critically
analyzed the issue of freedom of expression in light of printed media i. e. press and concluded
that, the government has not granted complete freedom of press media and has kept its eyes on
the practice of media.14 Other scholars also forwarded that, the government has not only regarded
the press as a threat to public order, it has probably also seen it as a threat to the ruling partys
10
Gedion Timothewos. 2010. Freedom of expression in Ethiopia: the jurisprudential dearth, Mizan Law Review 4(2),
204-222.
11
Ibid, 224-225.
12
Report by Article 19 (Global campaign for free expression): The Legal Framework for Freedom of Expression in
Ethiopia.
13
Committee to protect journalist titled, Joint contribution on Ethiopia to the 19th session of the Working Group of
the Universal Periodic Review provides problems relate to the free flow of information.
14
Nigussie Meshesha (2014), Media and Politics in Ethiopia: A Critical Analysis: Ethiop.j.soc.lang.stud. 1(2), 74-
95. eISSN: 2408-9532.
11
position in national politics.15 Although Ethiopia is said to be one of the emerging democracies
in Africa with government came to power in 1991 promising, among other things; to establish a
multiparty political system with a free press, to hold free and democratic elections, to honor and
protect human rights, and to promote the rule of law based on the equality, the peoples in country
In general, there are also some other materials that deals with human rights in general in which
certain matters related to limitation of rights are discussed. However, the above-mentioned
articles do not directly address the compatibility of Ethiopian legal regime of freedom of
expression, which is the core objective of this study. In addition, this research mainly focuses on
the legal documents since laws are instruments to regulate both the conduct of the government
This research is more of analytical one. Although there is description concerning the existing
general framework of freedom of expression on the international arena, most part of the study is
Primarily source of this research are international human rights instruments such as UDHR,
ICCPR and ACHPR and domestic laws such as FDRE Constitution, Broadcasting service
proclamation, Freedom of the Mass Media and Access to Information Proclamation, Anti-
Terrorism Proclamation, Charities and Societies Proclamation, and other related laws. Books,
15
Terje S. Skjerdal and Hallelujah Lule, 2009, Uneven Performances by the Private Press in Ethiopia; Journal of
Communication & Language Arts 3(1), 56.
16
Report on Press Freedom Violations in Ethiopia To be submitted to the process of Universal Periodic Review of
Ethiopias Human Rights Record December 2009. Geneva, Switzerland By Human Rights League of the Horn of
Africa/HRLHA.
12
articles, journals, reports and websites are used as secondary sources. Thus, the methodology
Ethiopian legal system and because of low level of development of academic researches, there is
shortage of relevant material on the research area. There is time constraint since the study is
conducted while the researcher is attending normal academic activities and performing extra-
academic matters.
This research is divided into four chapters. The first chapter introduces the subject matter of the
study with some backgrounds and deal with the scope, objective, significance, methodology, and
limitation of the study. Chapter two is all about the general overview of freedom of expression,
its elements and limitations. In chapter three, Ethiopias obligation under international human
rights instruments is highlighted and compatibility of the domestic legislations with these
recommendation.
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REFERENCES
Treaties
Books
Fasil Nahum (1997), Constitution for a Nation of Nations; the Ethiopian Prospect.
Domestic laws
Freedom of the Mass Media and Access to Information Proclamation No. 590/2008.
Articles
Gedion Timothewos. 2010. Freedom of expression in Ethiopia: the jurisprudential dearth, Mizan
Tsegaye Regassa (2009), Making Legal Sense of Human Rights: The Judicial Role in Protecting
14