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Neutrality needed when undertaking investigation

Neutrality needed when undertaking investigation

Taye Kebede  03-29-16

Human Rights Council (HRCO), a local NGO that operates within the field of human rights, has issued its report on March 5, 2016 labeled as ‘140th special report’. The report of the organization comprises of the human rights “violation” it claimed to have taken place in relation to the unrest that occurred in various Oromia region beginning from November. This NGO was established with the view to improve human right handing in the country, and to investigate and report human right violations that might have occurred. Thus, the initiative to investigate the human crisis caused by the unrest that occurred in Oromia, be it in human life loses, injuries and destruction of materials is appropriate.

Human Rights Council (HRCO) is an NGO that was established after the fall of Derg regime in 1992. It is the first human rights advocacy nongovernmental organization in the history of Ethiopia. Human Rights Council (HRCO) is a local organization that works on human rights currently after registering under the newly improved charities and societies proclamation and getting legal recognition. It can be said that this comes as a result or manifestation of the democratic system that was beginning to blossom after the fall of Derg.

Out of the tasks the organization carries out, it includes giving education and training on human rights to government executives at every level. In addition to this, it follows the human right handling and situation in Ethiopia, and investigates when it assumes there have been human right violations and issues. And the Human Rights Council (HRCO) performance in carrying out the objectives it set out to do for the past twenty four and half years can be taken as a show that Ethiopians have the right to organize in associations to improve human right handling and strengthen democracy in the country, along with other similar political objectives.

It also shows the fact that talks of ‘the charities and societies proclamation which was enacted in 2009 has hindered the creation of civic organization in the country’ talk that was disseminated for the past eight years are baseless. It shows that Ethiopians still can organize and move on any issues of their country. The only limitation the charities and societies proclamation put is only forbidding nongovernmental organization from meddling in the country’s political issues. As Ethiopia’s politics is only for Ethiopians, saying that it is appropriate to allow foreign citizens to interfere on the issues of citizens is naivety.

Now let me return back to the issue at hand – the “special report” of Human Rights Council (HRCO). The organization told us that it carried out investigation work in 33 Oromia woredas in relation to the unrest that was erupted recently in Oromia region. In the report it claimed to issue after “investigating”, the organization stated that many people and students in western Shoa, Finfine surrounding special zone, western and eastern Wollega, Horo Guduru, western and eastern Harerghe, Bale, Arsi zone and in various Oromia areas have staged mass demo opposing the Addis Ababa and its surrounding Oromia Special Zone integrated master-plan. The organization stated in its report that it has confirmed the government has taken excessive force, and the lives of many people were lost, many citizens were injured after being hit by bullets, and many citizens were arrested.

Of course it can't be denied that lives were lost in relation to the unrest that were stirred in various areas. However, the main reason for the loss of lives was not because the people and students came out to oppose the master-plan. However, Human Rights Council (HRCO) in its report wanted to paint that the situation unfolded just like that. Were the opposition that were the cause of deaths including the lives of security officers peaceful?

And except for citing article 30 (1) of the FDRE constitution which states that everyone shall have the freedom, in association with others, to peaceably assemble without arms, engage in public demonstration, Human Rights Council (HRCO) didn’t want to mention or even touch upon on its report the fact that the appropriate procedure may be enacted to ensure that public meetings and demonstrations do not disrupt public activities, or that such meetings and demonstrations do not violate public morals, peace and democratic rights - which is stipulated on this same article. The organization has also ignored sub-article 2 of this same article which stipulates 'this right shall not absolve anyone of liability arising from the laws enacted to protect public morals, peace, human dignity and democratic rights of citizens. .

The fact that Human Rights Council (HRCO) ignored this puts it into question. On the statement given by the Oromia regional state, which is the main owner of situation, and the federal government, they have stated that the constitutional question the people raised out of the fear in relation to the master-plan was legitimate. In addition to this, they have stated that the people are frustrated with lack of good governance, and the fact that the government didn't give swift answer to these issues is the reason for instigating the opposition. As a result to this, they shelved the draft master-plan proposal, and issued an apology for not giving swift answer for the legitimate questions the people raised. This is an appropriate behavior expected of a pro-people and responsible government.

However, there were entities that took forceful measure by hijacking the demands of the people and students. It can’t be denied that these entities have turned the legitimate opposition into unrest by using the genuine question the people and students raised. Private investment projects that were built with millions of our resources and have direct and indirect benefits to the local people have been destroyed. The equipment and materials of service giving institutions like education and health service delivery institutions were also destroyed. Documents of government executive institutions were made to be demolished. There have been efforts to take away arms from policemen. Although Human Rights Council (HRCO) cited about accountability without detailing it, members of other ethnicity that lived in Ameya woreda for many years were attacked.

Farmer productions were destroyed along with their homes. This situation goes out to show that the opposition that erupted in various areas in Oromia region cannot be simply taken as “peaceful opposition of the people and students”. The fact is the forceful attack that was waged using the legitimate opposition the people and student raised as their cover should have been stopped. And the responsibility to do is the government's alone. And the government had the duty to do this.

In order to judge if whether the measure taken on the people who died ‘excessive or not’, not only the measure taken by the by the security forces, but also the one taken by the unrest instigators should also be taken into account. However, Human Rights Council (HRCO) didn’t do this on its report. Instead, the organization just chose to state “the government has taken excessive force against the people that took to the streets to oppose. And as a result to this, the lives of many people have been lost, many people were shot and injured”. This makes the report incomplete. It also calls the neutrality of the organization into question.

In its report, Human Rights Council (HRCO) have said some truths. One is which says “out of those who took to the streets to oppose the master-plan in Ameya woreda on December2, 2015, some have burned down the houses of Amhara people that live in the local area starting from the night. The total destroyed houses may be more than 8%”. Note here that Human Rights Council (HRCO) is telling us the demonstration to oppose the master-plan took place at night. To assume that mass demo will take place at night is highly unlikely. Human Rights Council (HRCO) cited that the peaceful demonstrators were few. But the organization also told us that the burned down houses are more than 8%.

How can a few people burn down 8% of houses in one night? in a 5 rural areas that live far from each other? It is hugely surprising that Human Rights Council (HRCO) would boldly tell us such an implausible story. There is no doubt that the late night opposition is a crime that is orchestrated and carried out by a leader and an executor. Why does Human Rights Council (HRCO) wanted to hide or dress up this aspect?  The other thing the organization couldn’t deny is the one that says, “Religious institutions such as Orthodox, Protestant and Catholic churches have been burned down in various woredas in western Arsi zone. Unless the culprits of these acts aren't stopped, the situation will bring huge threat on the country’s and peoples’ peace, stability and unity. And Human Rights Council (HRCO) calls for such acts to stop. Human Rights Council (HRCO) also calls upon the government to bring the culprits to justice.”

The reason the organization took up the position to call on the culprit on this specific act to be brought justice, peculiar to the other situations, has to do with the fact that European citizens were present on the Catholic churches and aid organizations in this instance, and Human Rights Council (HRCO) wanted not to disappoint the Europeans as the situation had irritated them. The aforementioned instances mentioned by Human Rights Council (HRCO) clearly show that the oppositions were not peaceful. Although the organization called on for those who burned down churches in western Arsi to be brought to justice, it didn’t say anything regarding bringing the criminals that similarly took forceful action/attack in Ameya and other areas to justice. Do these people who orchestrate, led and execute these criminal acts deserve not be brought forward to justice? The organization also called on the immediate release of many prisoners on the conclusion of its report. Which culprits will the release-ment include?

When the aforementioned attacks were carried out by the culprits, what should have the security forces done? Should have they sat idly when the churches and houses of the Amharas were burned; or when the churches were being burned down in western Arsi? What should be the appropriate measure by the security forces when armed assailants went out and carry out these acts of crime? These are issues that not have been thoroughly seen in the report.

In its report, the organization has stated that 103 people have died, and it listed the names of the deceased. I don’t want to debate on whether “103 people have died”. Even if the number of the deceased is not 103, it can’t be denied that huge numbers of people have lost their lives in relation to the unrest. The context of the people whose name and photos were listed on the organization's report under “deceased” is not mentioned.

There is nothing the organization stated about the fact that unrest and street riot were instigated during the time and place the people died; how the unrest or opposition was taking place; the fact that those people claimed to have died were present on areas where forceful measures like burning down churches were taking place or the fact that they were involved and present in areas where the acts were committed. It was just vaguely stated that they were killed by the shots fired by government forces, security forces at such place and such hour.

But, when it comes to the deaths of Deputy Inspector Dibaba Meyesa, Sergeant Tadesse Jembere and Sergeant Wegene Debelo, the report just simply left it saying, “their lives was lost during a mass demo that was taking place in Gendeberet Woreda, Abuna city on December 4, 2015.” The explanation that is given regarding the deaths of these people shows the context in which they died - which is in peculiar manner to the others.

The people were not killed by security and government forces like the other deceased. The Human Rights Council (HRCO) report has hidden the identity of their killers in a different manner to the other victims. It is obvious that they are killed by those the organization say were “student and public oppositions”. And this confirms that it was not a peaceful demonstration as the organization wanted to paint, but rather a forceful unrest. The fact that only three members of the security forces were listed on the deceased list out of the many others gives a hint that there might be people that were killed by the unrest instigators that are not police. But, Human Rights Council (HRCO) didn’t want to give any statement on this.

It is expected that Ethiopia Human Right Commission or other NGO will carry out a deep and thorough investigation regarding the effect and crisis the unrest that were instigated in Oromia and other regions of the country brought, and that they will made the results official. Thus, I don’t want to go over the report of Human Rights Council (HRCO) more than this. Considering that it is an institution that is established as a result of Ethiopians right to organize, it can be said that the fact that it issued a report on the Oromia unrest can be taken as a positive.

In addition to this, I will like to add that the motivation shown by the hierarchies of the organization to organize and exercise their constitutional rights to work in their country through domestic financial sources should be taken as example.

However, considering that when violation of human rights occur, entities other than government might be involved, I found an organization lacking in investigating and issuing report neutrally when cases of human rights violation comes to its desk. In addition to this, it seems that the report totally forgot that the government has the duty and responsibility to protect the human rights of citizens and bringing peace by using appropriate force. Human Rights Council (HRCO) simply took the force the government exerted to protect its citizen's human rights as simply as human right violations. And these assessments call the neutrality of the organization into suspicious. It made it seem that the organization is after other ends using human right violation/protection as cover. 


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