H.E. Meles Zenawi
Prime Minister of the Federal
Democratic Republic of Ethiopia
Addis Ababa, Ethiopia
February 13, 2004
Your Excellency,
We are writing in regard to recent government actions taken against the
Ethiopian Free Journalists Association (EFJA), a private association. We
believe the government�s interference in the internal governance of the
EFJA has been politically motivated and is in violation of the rights to
freedom of association and expression guaranteed under international human
rights law. These actions seriously undermine your government�s stated
commitment to the protection of basic human rights as shown by its
ratification of the International Covenant on Civil and Political Rights
in 1993.
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In November 2003, the Ministry of Justice suspended the EFJA allegedly for
failing to file financial reports with the ministry for the past three
years. We believe that the organization has made serious efforts in recent
months to meet the ministry�s requirements. In June 2003, the EFJA
submitted a two-year performance report and a financial report to the
ministry in response to a request from the ministry in March. At the
ministry�s subsequent demand in September, the EFJA also engaged a
chartered accountant on November 5, 2003, even though ministry regulations
do not appear to require audits by chartered accountants when, as here, an
association�s budget does not exceed EB 50,000 (U.S. $5800).
To comply with Ministry of Justice requirements, the EFJA also called a
special general meeting for November 15, 2003, to elect its executive
committee, to hear the auditor�s report, and to transact other business.
On November 10, 2003, the ministry sent a letter to the EFJA prohibiting
it from considering certain agenda items at the scheduled November 15
meeting, including the selection of executive officers. The EFJA then
canceled the meeting for fear that its members would be arrested if they
did not comply with the ministry�s restrictions. On November 10, the
ministry by written order banned the EFJA from further activities. By
foreclosing the organization from all further activity, the ministry
prevented the EFJA from taking further steps to comply with the
ministry�s requirements.
On January 4, 2004, the Ministry of Justice convened a meeting of the
EFJA�s membership. When the bulk of the EFJA membership boycotted the
meeting, it was adjourned and rescheduled for January 18. Though
attendance at this subsequent meeting was again sparse, the ministry
announced the election of a new executive committee.
Human Rights Watch is very concerned that the government�s actions to
replace the leadership of the EFJA were politically motivated. The EFJA
has been a vocal opponent of a proposed press law tightening government
oversight of the private press. Among other things, the law threatens
criminal sanctions for the press�s failure �to investigate the
correctness of the news that it publishes� (art. 19), requires
publications and distributors to be registered and licensed (art. 7 and
9), and gives the government power to withhold or withdraw registration
and licenses, subject only to post-denial or post-revocation judicial
review. The law also allows the minister of information to prohibit the
local press from reprinting news published outside Ethiopia if the
minister unilaterally deems the report to endanger �peace and
security,� �spread false accusations and defamations against public
bodies and officials,� and �harm and weaken� patriotism.
On several occasions the government publicly criticized the EFJA for its
opposition to the proposed law. In October 2003, a few weeks before the
organization�s suspension, your minister of information, the bill's
principal author, accused the EFJA of undermining "responsible
journalism" by opposing the bill. The government�s interference in
the internal governance of the EFJA appears to reflect this criticism,
rather than any question of financial reporting. Ultimately the
government�s actions will be seen as an effort to intimidate the entire
press corps and those opposed to the proposed law.
Human Rights Watch urges your government to allow the EFJA to function
under its pre-existing executive committee until such time as the
membership chooses other leaders without government interference in
accordance with its internal regulations. We hope that issues of financial
reporting can be resolved without undermining the day-to-day work of the
organization. Any government interference in the governance of a private
association that is perceived to be politically motivated will raise
concerns about the right to freedom of association in Ethiopia. This is
especially true when the issue at stake is a free and independent press.
We thank you for your prompt attention to this important issue and would
appreciate learning of any steps you have taken in this regard.
Yours sincerely,
Peter Takirambudde
Executive Director
Africa Division
CC: SRSG UNMEE, Legwaila Joseph Legwaila
DSRSG UNMEE, Cheikh-Tidiane Gaye
DPKO Political Affairs Officer, Africa Division, Andreas Sugar
UN Special Rapporteur on the Freedom of Opinion and Expression, Ambeyi
Ligabo
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