Geneva, 3-5 November 2010
On November 3-5 ARM engaged in the 45th Session for the Committee Against Torture (CAT). The dialogue took place at United Nations’ Palais Wilson in Geneva. Although Ethiopia became a signatory of CAT in 1945, this is the first time Ethiopia has undergone review by the committee.
The session began on November 3rd as ARM joined together with other NGOs including The Unrepresented Nations and Peoples Organization (UNPO), Human Rights House Foundation, International Disability Alliance and the Oromia Support Group to present CAT committee members with evidence of widespread torture occurring throughout Ethiopia. ARM emphasized that arbitrary arrest, extrajudicial killing, torture, rape, and infringement of due process of law for detainees occur unchecked throughout the country, despite Ethiopia's incorporation of CAT's provisions into it's national constitution and Criminal Code. ARM encouraged the committee to pay special attention to the regions of Ogaden and Oromia, where suspected “dissenters” are especially vulnerable to government torture and abuse. Additionally, ARM urged the committee to recognize the role donor countries can play in supporting or pressurizing Ethiopia, as the government is currently using the massive amount of humanitarian aid it receives as a weapon of war, systematically denying food and services to targeted segments of the population. ARM also drew the committee's attention to The Anti-Terror Law and the Charities and Societies Proclamation, two laws passed by the Ethiopian government in 2009 which undermine the provisions of CAT and eliminate measures of due process. Likewise, Human Rights House Foundation highlighted Ethiopia's determination to restrict access by international observers and humanitarian organizations into conflict regions and prison facilities.
On November 4th, day two of CAT, the committee presented questions to Ethiopian representatives. These questions addressed many of the concerns presented by ARM. Specifically, committee members expressed serious concern over the new Anti-Terrorism proclamation and the state of Ethiopia's prisons. The committee requested hard data documenting court cases which might illustrate a properly functioning legal system, such as cases of individuals being prosecuted for acts of torture. In other words, CAT asked directly for proof that the de-jure system, which does comply with the provisions of CAT, actually functions as the Ethiopian government claims.
On the final day of CAT, Ethiopian representatives had the opportunity to respond to the CAT committee's questions. Replies were overly theoretical, and the committee continued to probe representatives for hard evidence, statistics from the ground, and real cases. Government officials denied accusations of torture and argued that claims to the contrary were unfounded. Moreover, Ethiopia's representatives accused human rights groups of fabrication and "monopolizing the truth." The Ethiopian government maintained that the Anti-Terrorism proclamation is a copy of similar legislation implemented in Western countries and is in no way violating international human rights standards. Committee members were unsatisfied by Ethiopia's response (or lack thereof) to CAT concerns. Ethiopian representatives stated it would be "impossible" to answer all inquiries on the spot, but agreed to provide the committee with written replies and hard data upon return to Ethiopia.
The CAT committee will soon post concluding observations based on the three day conference. In one year, Ethiopia will be expected to follow up on these remarks and provide evidence of improvement.
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