"Journalism Is Not a Crime"- Violations of Media Freedoms in Ethiopia: A New Report from Human Rights Watch

January 22, 2015 | Human Rights Watch (HRW)
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This 76-page report details how the Ethiopian government has curtailed independent reporting since 2010. Human Rights Watch interviewed more than 70 current and exiled journalists between May 2013 and December 2014, and found patterns of government abuses against journalists that resulted in 19 being imprisoned for exercising their right to free expression, and that have forced at least 60 others into exile since 2010.
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Summary

Ever since the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF) won 99.6 percent of parliamentary seats in the 2010 elections, the government of Ethiopia has escalated its repression of the independent media, limiting the rights to freedom of expression and access to information. At least 60 journalists have fled their country since 2010 while at least another 19 languish in prison. The government has shut down dozens of publications and controls most television and most radio outlets, leaving few options for Ethiopians to acquire independent information and analysis on domestic political issues. With elections scheduled for May 2015, the media could be playing a key role educating and informing the public on the issues, and providing public forums for debate. But the ruling party has treated the private media as a threat to its hegemony, and is using various techniques to decimate private media, independent reporting, and critical analysis, with drastic results.

Ethiopia now has the most journalists in exile of any country in the world other than Iran, according to Committee to Protect Journalists’ statistics and Human Rights Watch research. Under repressive laws, the authorities frequently charge and the courts invariably convict journalists for their reports and commentaries on events and issues. Individuals like Eskinder Nega and Reeyot Alemu have come to symbolize the plight of dozens more media professionals, both known and unidentified, in Addis Ababa and in rural regions, who have suffered threats, intimidation, sometimes physical abuse, and politically motivated prosecutions under criminal or terrorism charges. Their trials are fraught with due process violations and the courts have demonstrated little independence in the adjudication of their cases.

Most print publications in Ethiopia are closely affiliated with the government and rarely stray from government perspectives on critical issues. Private print publications face numerous regulatory challenges and regular harassment from security personnel. Publications critical of government are regularly shut down, and printers and distributors of critical publications are closed. Journalists critical of government policies and their families live in constant fear of harassment, arrest, and losing their livelihoods. The state controls most of the media, and the few surviving private media self-censor their coverage of politically sensitive issues for fear of being shut down.

This report documents the strategies used by the Ethiopian government to control independent reporting and analysis and restrict access to information. Based on more than 70 interviews with current and former journalists and media professionals, the report describes the dire state of Ethiopia’s media and the resulting impact on freedom of expression and the media.

Despite international outcry over the most publicized cases, the Ethiopian government shows no sign of greater tolerance of independent media voices as the crackdown against independent media escalated in 2014. Ten journalists and bloggers joined the list of journalists under prosecution and five magazines and one newspaper were shut down after a government campaign of threats and intimidation. The campaign included programs on state-run television portraying the publications as supporters of terrorism, harassment of the printing presses that printed the publications, government interference in distribution of publications, and numerous threats from security officials. This culminated in dozens of journalists and several owners of these publications fleeing Ethiopia and criminal charges against the owners. Courts have sentenced three owners in absentia each to more than three years in prison, without any real evidence being presented other than articles that criticized government policies. The trials of the other owners continue.

But beyond the more newsworthy arrests, the government has used various other pernicious yet more subtle techniques to stifle and silence the media. Security personnel subject journalists who write about sensitive political issues to regular threats and harassment. These threats often extend beyond the journalists to their families and friends. Those who do not censor their coverage following warnings are often arbitrarily detained, usually without charge, and threatened and harassed. Outside of Addis Ababa, mistreatment and beatings of journalists in detention are common and are often followed by criminal charges. Many longtime private journalists have been detained numerous times and have received hundreds of threats from security officials, ruling party cadres, and officials from Ethiopia’s ministry of information, now called the Government Communications Affairs Office (GCAO). 

The net effect is that Ethiopian journalists have to make the difficult decision between self-censoring their coverage to promote the ruling party’s agenda or providing reporting or commentary that may put them and their families in danger. 

In addition to threats against individual journalists, the authorities use various means to stymie the private printing presses where independent media owners print their publications. The state-owned printer, which is the only printing press with the capacity to print newspapers regularly, delays or refuses to print private publications—in one case burning 40,000 copies of a newspaper that published reports the government considered critical. Security personnel are also increasingly targeting and threatening distributors of private publications. Increasingly journalists’ sources are being targeted and individuals are more and more afraid to speak to the media. 

Government has stifled attempts to organize independent journalist associations, and security officials conduct extensive background checks into the political affiliations of private publications. The authorities routinely delay required permits and renewals for private publications deemed less than fully supportive of the government and ruling party.

New media has not fared much better. Many blog sites and websites being run by Ethiopians in the diaspora are blocked inside Ethiopia. In 2014, bloggers from Zone 9, a blogging collective that provides commentary on current events in Ethiopia, were charged under the anti-terrorism law and the criminal code after spending 80 days in pre-charge detention. Among the evidence the prosecution cited in its charge sheets was digital security training the bloggers took through Tactical Technology Collective, an international nongovernmental organization (NGO) that provides activists with tools to protect their privacy online. The arrest and prosecutions of the Zone 9 bloggers has had a wider chilling effect on freedom of expression in the country, elevating the level of fear among bloggers and online activists who increasingly fear posting critical commentary on Facebook or other social media platforms.

The picture for radio and television broadcasting is similar. Most of the country’s radio and television stations are state-run and do not offer independent news coverage and analysis. This is critically important given that over 80 percent of Ethiopia’s population lives in rural areas, where the radio is still the main medium to acquire news and information. The few private radio stations that cover political events told Human Rights Watch that local government officials have had to edit and approve their programs days before they are aired. Broadcasters who deviate from the approved content had to contend with detention and harassment by government officials.

Rather than face a life of constant harassment and fear, many journalists choose to work for one of the state-affiliated publications. Some walk the fine line of being as critical as they can be without upsetting the authorities, while others are content to churn out the government propaganda promoting and exaggerating the government’s development successes. Membership in the EPRDF is often a requirement for upward mobility in these publications.

Foreign media has a limited presence in Ethiopia. Both Voice of America (VOA) and Deutsche Welle (DW) join several Ethiopian diaspora stations in providing television and radio coverage. However, the government has used various strategies to limit their domestic audience including jamming of their signals, constant threats and harassment of their staff and their sources, and most recently the targeting and arrest of individuals who are watching or listening to the diaspora-based services.

Since the 2009 enactment of the Charities and Societies Proclamation, independent civil society has largely been eviscerated while severe restrictions on the remaining opposition political parties make a vibrant and independent media sector all the more important for participation in governance and greater respect for human rights in the country. Unfortunately, what little space there was for independent coverage and analysis of news and political events has shrunk even further in 2014. The opportunity for Ethiopian citizens to access different political perspectives and analysis leading up to the May 2015 elections is bleak.

Still, much can be done to improve the media situation in Ethiopia in both the short and long-term. As a first step, the government should immediately drop charges and release detained and convicted journalists and bloggers. Ethiopia’s leaders should realize that a vibrant and independent media contributes to the country’s development. As such, in the coming weeks and months, the government should amend repressive laws used to target the media, including the Anti-Terrorism Proclamation. Authorities should also ensure that both law and practice are in line with Ethiopia’s constitution and international standards.

Recommendations

To the Government of Ethiopia

• Immediately drop all charges and release all journalists and bloggers arbitrarily detained and prosecuted under the criminal code or anti-terrorism law.
• Repeal or substantially amend the Anti-Terrorism Proclamation and the Freedom of the Mass Media and Access to Information Proclamation so that they comply with the right to freedom of expression under Ethiopia’s constitution and regional and international human rights law.
• Amend article 613 of the criminal code to remove criminal penalties for defamation.
• Limit government ownership over the print and broadcast media, and take legislative and policy measures, including the removal of barriers to private ownership, that encourage an independent and vibrant private media.
• Streamline and depoliticize regulatory processes for new publications and radio stations. Regulatory agencies should be independent and administratively and functionally separate from the state security apparatus and the Government Communications Affairs Office.
• Implement reforms to ensure the independence of the Ethiopian Broadcasting Authority (EBA).
• Eliminate restrictions on the right to freedom of movement of domestic and foreign journalists throughout Ethiopia, including in areas where serious human rights abuses are allegedly occurring. Instruct police and security personnel to permit freedom of movement of the press. Discipline any officer, regardless of rank, for restricting movement of journalists through threat, harassment, or detention.
• Cease blocking and censoring the websites of political parties, media, and bloggers, and publicly commit not to block such websites in the future.
• Cease jamming radio and television stations and publicly commit not to jam radio and television stations in the future.
• Extend an invitation to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to visit Ethiopia to evaluate the media environment for private print and electronic media and to examine the situation of imprisoned journalists.

To Ethiopia’s International Donors, including European Union States and the United States

• Publicly call and privately press for the release of all journalists and bloggers arbitrarily detained and prosecuted under the criminal code or anti-terrorism law.
• Improve and increase monitoring of trials of journalists and other media professionals to ensure trials meet international fair trial standards.
• Seek access to prisons and detention centers to monitor the conditions of imprisoned journalists and bloggers.
• Publicly and privately raise with government officials concerns about freedom of expression and how these human rights violations may undermine development and security priorities.
• Provide support for improving the capacity and professionalism of Ethiopia’s media, including the creation of independent journalism associations. Ensure that there are specific opportunities available for journalists with private publications and make special effort to include initiatives aimed at improving media capacity outside of Addis Ababa.
• Support efforts to ensure independent newspapers and other publications have access to printing facilities that are not government owned or controlled.

To All State-Owned or State-Affiliated Printing Houses

• Impartially print all licensed private publications in an appropriate timeframe and manner consistent with timelines for state-affiliated publications.

To Foreign Radio and Television Operators in Ethiopia

• Strengthen procedures for identifying sources that are at particular risk and develop mitigation measures for those sources. This could include consistent use of techniques such as anonymizing the identity of the individual, keeping identities confidential, and making high-profile individuals aware of the risks.

To the Governments of Kenya, South Sudan, and Uganda

• Ensure that asylum seekers, including journalists and other media professionals applying for asylum, receive prompt processing of their applications and protection from targeted threats.

Methodology

This report, on the Ethiopian government’s strategies to control independent reporting and analysis and restrict access to information, is based on research conducted between May 2013 and December 2014 in Ethiopia and three other countries.

Over 70 individuals were interviewed, including victims of human rights violations, current and former journalists, other media professionals, and former government officials. Interviews focused on the interviewee’s experiences since the May 2010 elections. All were interviewed individually. Interviews were carried out either in person or via telephone. Interviewees included people from both private and state-affiliated publications and a wide range of backgrounds, age, ethnicity, urban, rural, and geographic origin in order to get as broad a perspective as possible.

Interviews were conducted in English or with interpretation from Afan Oromo, Amharic, or various Ethiopian local languages into English. Several interpreters were used. Human Rights Watch took various precautions to verify the credibility of interviewees’ statements. None of the interviewees were offered any form of compensation and all interviewees were informed of the purpose of the interview and its voluntary nature, including their right to stop the interview at any point. They all gave informed consent to be interviewed. 

In addition to interviews, Human Rights Watch consulted court documents and various secondary material, including academic articles and reports from nongovernmental organizations, that corroborate details or patterns of abuses described in the report. This material includes previous Human Rights Watch research as well as information collected by other credible experts and independent human rights investigators. All the information in this report was based on at least two and usually more than two independent sources,including both interviews and secondary material.
In part because the Ethiopian government restricts human rights research in the country, this report is not a comprehensive assessment of the media freedom situation in Ethiopia. Human Rights Watch and other independent national and international human rights organizations face extraordinary challenges in carrying out investigations in Ethiopia given the government’s hostility towards human rights investigation and reporting. As a result it is extremely difficult to assure the safety and confidentiality of victims of human rights abuses. Increasingly, the families of individuals outside of Ethiopia who provide information can also be at risk of reprisals. Ethiopian journalists and other individuals also face significant security and protection challenges in neighboring Djibouti, Kenya, Uganda, Sudan, South Sudan, and Somaliland.

The Ethiopian government routinely denies allegations of serious human rights violations and has regularly sought to identify the victims and witnesses providing information published in human rights reports. In the past the authorities have harassed and detained individuals for providing information to, or meeting with, international human rights investigators, journalists, and others. This heightens concerns that any form of involvement with Human Rights Watch, including speaking to the organization, could be used against individuals, including in politically motivated prosecutions.
Human Rights Watch conducted research for this report inside Ethiopia, but many of the victims were interviewed outside of the country, making it easier for them to speak openly about their experiences. Given concerns for their protection and and the possiblity of reprisals against family members, all names and identifying information of interviewees have been removed, and locations of interviews withheld where such information could suggest someone’s identity. In certain cases, pertinent information has been omitted altogether because of concerns that disclosing that information would reveal the identity of interviewees.

Human Rights Watch wrote to the government of Ethiopia on December 12, 2014, to share the findings of this report and to request input on those findings. No response was received from the government.

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