Country Report on Human Rights Practices for 1991
ETHIOPIA
A coalition of ethnic-based insurgencies toppled the repressive
regime of President Mengistu Haile-Mariam in late May, bringing
profound political changes to Ethiopia. The former president
flew into exile in Zimbabwe after losing a series of decisive
battles to an umbrella group known as the Ethiopian People's
Revolutionary Democratic Front (EPRDF) . In addition, the
Eritrean People's Liberation Front (EPLF) seized the Red Sea
coastline, ending a long struggle for control of the former
Italian colony of Eritrea. In July a broad-based national
conference adopted a charter establishing a multiparty
Transitional Government (TG) to organize democratic and
multiparty national elections before 1994. EPRDF Secretary
General Meles Zenawi was elected President of the TG. The
National Conference also acknowledged a separate provisional
government for Eritrea under EPLF Secretary General Issaias
Afwerki and endorsed an internationally supervised referendum
on Eritrea's political future to be held in 2 years.
The new leadership qpiickly dismantled the extensive military
and security apparatus of the Mengistu government, including
the police and surveillance operations by neighborhood
committees known as kebeles. The joint military/police force
of the TG consists of some 120,000 to 140,000 EPRDF regulars.
While retaining the kebele structure for administrative
purposes, the TG instituted a parallel system of thousands of
"Peace and Stability Committees" with sweeping powers of
investigation, arrest, and detention. Complicating the picture
were thousands of armed followers of other political groups
represented in the TG. At year's end, the TG had not been able
to eliminate armed ethnic clashes, particularly in the
countryside. In Eritrea, approximately 90,000 EPLF regulars
made up the provisional government's military/security force.
The civil war extended into the principal food producing and
coffee growing areas of Ethiopia, which was already one of the
world's least developed countries with an annual per capita
income of $120. When Mengistu' s government finally collapsed,
over a million civilians had been displaced by war; food and
fuel shortages were chronic; the national treasury was empty;
foreign exchange was reduced to less than 1 day of imports; and
inflation reached an annual rate of 21 percent. At year's end,
both the TG and EPLF provisional government had under
consideration draft plans calling for partial privatization and
market oriented reforms, leading in the direction of a mixed
economy.
Civil war remained the primary factor affecting human rights
during the first 5 months. All parties to the conflict
committed major violations, including summary executions,
although the majority of these came from the Mengistu forces
(see Section l.g.). The change of government brought a
significant improvement in human rights, particularly with
respect to freedom of speech, assembly, association, religion,
and travel. The new leaders in both Addis Ababa and Asmara
stated their commitment to the establishment of multiparty
democracy and rule of law with full respect for human rights.
They began important investigations into extrajudicial killings
and disappearances by the Mengistu regime. Nevertheless, there
were new and serious human rights abuses, notably in the hasty,
ill-prepared expulsions of non-Eritreans from Eritrea; in the
detentions without charge of thousands of former Mengistu
government officials; in the political disenf ranchisement of
former members of the now banned Workers' Party of Ethiopia
(WPE); in the use of force in response to growing criminal
activity and political challenges; and, above all, in the
continuing ethnic instability and politically motivated
violence, which by the end of 1991 had taken several thousand
lives.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
The Mengistu government carried out thousands of political and
extrajudicial killings during its 17 years in power. The
victims of these killings were suspected opponents of the
regime or sympathizers with any number of opposition groups;
ethnic Eritreans, Oromos, and Tigrayans were frequently
targeted. Captured insurgents were often executed.
Throughout the civil war, EPRDF forces generally abided by
conduct codes which forbid the killing of unarmed prisoners.
However, they frequently executed summarily accused looters,
whether civilian or military, including EPRDF members. EPRDF
radio appeals in March to the general public in Gonder and
Gojam to apprehend escaping Mengistu government officials
probably sparked some unnecessary killings, but those
surrendering to the EPRDF were given protection. Faced with
demonstrations during the first 2 days following their takeover
of Addis Ababa, the EPRDF acknowledged shooting at least nine
demonstrators dead, some of them armed. A number of accused
looters were also executed without trial. There were no
instances, however, of extrajudicial killing of former Mengistu
government officials.
After the TG came to power in July, there were dozens of
instances of violent clashes in the countryside between local
military elements of political parties within the TG. In a
number of instances, rival groups repeatedly engaged in
politically or ethnically motivated killings. The ready
availability of automatic weapons contributed to the problem.
In one such case, hundreds of members of one ethnic group were
slain by a rival group armed with automatic weapons on the
shores of Lake Abaya in early June. EPRDF and Oromo Liberation
Front (OLF) troops clashed in the Arsi region in November and
in the Welega and Harerge regions in December. Also in
December, local EPRDF forces fired on a motorcade carrying the
leader of the Sidamo Liberation Movement (SLM) in Awasa (Sidamo
region), resulting in at least one death. In this and other
cases, the national leadership of the political groups
intervened to mediate and investigate. When wrongdoing was
uncovered, the EPRDF appeared more likely to discipline its
members than other political groups.
In Eritrea the Mengistu government summarily executed dozens of
civilians during the first 5 months of the year. EPLF
assassination teams also targeted civilians whom it accused of
collaborating with the Mengistu government. At least four
civilians, including a member of the Mengistu government's
national parliament, were assassinated early in the year.
Since the EPLF provisional government took power in Eritrea in
late May, there have been no allegations of politically
motivated or extrajudicial killings.
b. Disappearance
In previous years, thousands of suspected opponents of the
Mengistu government disappeared, and a number of Mengistu
government officials also disappeared in areas falling under
insurgent control.
Since the TG came to power in Addis Ababa, there have been
charges and countercharges among its various political parties
of politically motivated violence in the countryside, including
some disappearances of party workers.
In Eritrea, the former director of the Asmara police hospital
disappeared after being taken into EPLF custody in May.
International human rights organizations tried to trace reports
that a half-dozen other persons, most arrested in Addis Ababa
and repatriated to Eritrea, also disappeared while in EPLF
custody.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
During the Mengistu era, both political and criminal prisoners
were routinely subjected to physical abuse and torture,
including beatings and whippings, electrical shocks, and
suffocation, during interrogations. Female detainees were
frequently raped. Under the TG, Ethiopian television has aired
testimony from former victims of such torture.
There have been no allegations of torture in Ethiopian jails,
prisons, or detention centers since Mengistu' s ouster. Three
weeks after capturing Addis Ababa, the interim EPRDF
administration announced that all detained Mengistu government
officials would be treated humanely. The National Charter of
the TG abjures torture and other cruel, inhuman, or degrading
treatment or punishment.
d. Arbitrary Arrest, Detention, or Exile
Despite protections contained in the 1987 constitution,
citizens suspected of opposing the Mengistu government were
subject to arrest and detention without charge or judicial
review. In addition, thousands were detained without charge
over the years under states of emergency declared by the
Mengistu government in Eritrea and Tigray, which permitted
indefinite detention.
At the beginning of 1991, Mengistu 's government was believed to
have an estimated 500 persons under political detention, most
of them without charge. In the days immediately preceding the
EPRDF capture of Addis Ababa, Mengistu government jailers set
free most prisoners held in the city, criminal as well as
political. The TG denied inheriting any political prisoners
detained by the Mengistu government. The Mengistu government
did not use exile as a means of political control, but more
than 1 million citizens fled the country during the Mengistu
years to escape war and persecution.
The TG National Charter approved in July prohibits arbitrary
arrest, detention, and exile. Since their seizure of power in
late May, however, the new authorities have detained thousands
of civilians without charge, the largest number being senior
Mengistu government or WPE officials arrested solely because of
the position they held. Also detained were former Mengistu
government officials accused of corruption or believed involved
in violations of humanitarian law. While thousands were
subsequently released, additional suspects continued to be
arrested on the recommendation of local Peace and Stability
Committees throughout the country. In addition, the TG set up
"Complaints Review and Grievance Clearing Committees" to
investigate allegations of corruption or abuse of power.
At year's end, the TG authorities acknowledged having 1,522
Mengistu government civilians under detention who had still not
been charged—a consequence, TG officials said, of abolishing
the Mengistu police force (formally charged with
investigations) and suspending Mengistu public prosecutors and
judges. In addition, other civilians, perhaps hundreds, have
been detained without charge by the EPRDF or other political
organizations around the country. In November the TG detained
four nationals from neighboring Djibouti without charge,
reportedly at the behest of the Djiboutian authorities. In the
absence of a police force, investigations became the
responsibility of EPRDF administrators, local Peace and
Stability Committees, Complaints Review Committees, and
personnel from the newly reconstituted Ministries of Internal
Affairs and Defense. The new judicial system was not yet in
place at the end of 1991.
With support from international donors, the TG demobilized the
majority of the 350,000 to 450,000 soldiers from the defeated
Mengistu army. According to the International Committee of the
Red Cross (ICRC), of the 250,000 former soldiers originally
held in TG detention facilities, all but 13,275 had been
released by the end of 1991. Of those still in detention,
9,500 were disabled war veterans accommodated for humanitarian
reasons, and 1,100 were former officers detained for possible
war crimes trials.
In Eritrea the Mengistu government had detained hundreds of
civilians suspected of sympathizing with the EPLF during the
first 5 months of the year. In the port of Aseb, several
hundred ethnic Eritreans and Tigrayans were also detained,
including drivers operating U.N. vehicles delivering relief
food. Of the 85,000 Mengistu military captured by the EPLF in
May (see Section l.g.), all but 900 had been repatriated to
Ethiopia by the end of the year. While no formal charges had
been brought against the 900, all were suspected of war
crimes. Under an agreement with the TG, these 900 were to be
repatriated to Ethiopia for possible trial. In addition, the
EPLF acknowledged having detained 300 Mengistu government and
WPE officials still under detention without charge in December,
as well as 600 other civilians accused of criminal offenses.
While difficult to evaluate, some human rights monitoring
groups believe the number of civilians detained in Eritrea at
year's end was several times the figure given by the EPLF.
The EPLF provisional government published new civil and
criminal codes on September 15 which contain a full range of
judicial safeguards, including habeas corpus and a 48-hour
limit on detention without charge (with the possibility of no
more than two 14-day extensions with judicial authorization).
The EPLF provisional government does not use exile as a means
of political control.
e. Denial of Fair Public Trial
For the first 5 months of 1991, the judicial system was based
on the 1987 Mengistu government's constitution which
established a Supreme Court and regional courts elected by the
respective parliaments. Separate military courts handled not
only trials involving the Mengistu government military but were
also set up in contested areas. Despite constitutional
provisions for judicial independence and public trials, cases
deemed political in nature were often subject to manipulation
and meddling by senior Mengistu officials.
The EPRDF capture of power brought sweeping changes in the
judicial system: the Mengistu government's Ministries of
Defense and Internal Affairs were disbanded and reorganized
only after a delay of 7 weeks; the entire police force was
dismissed (customs police and traffic police were later
reinstated); and government judges and public prosecutors were
suspended. EPRDF soldiers initially assumed all police
functions, but within weeks Peace and Stability Committees had
been established at most local and regional levels. On June
18, the EPRDF announced that all trials of Mengistu government
detainees would be fair and public, follow due process, be open
to international observers, with defendants having the right to
counsel. The TG National Charter approved in July also
promised fair and public trials before independent and
impartial tribunals, presumption of innocence, and no ex post
facto criminal laws.
As of late 1991, no trials of former Mengistu government
officials had begun. TG Ministers of Justice and Internal
Affairs were first appointed in August. By year's end, the
TG ' s overworked Council of Representatives still had not
established the independent judiciary called for in the July
Charter. The Council passed legislation at the end of December
establishing new police forces at the national and regional
level. A draft proposal to establish an office of the special
prosecutor for the cases of former Mengistu officials was
circulating. Investigations proceeded throughout the year,
however, carried out variously by local Peace and Stability
Committees which sometimes gathered testimony in public
meetings. Complaints Review and Grievance Clearing Committees
in the workplace, EPRDF administrators, and personnel from the
newly reconstituted Ministries of Internal Affairs and
Defense. The Council banned former WPE members from any
political activity, and hundreds of former WPE members lost
their jobs in some ministries, including noncareer diplomats
abroad. Others in the civil service, many of whom had joined
the WPE reluctantly or in order to further their careers, found
themselves increasingly harassed by their TG superiors.
In Eritrea the EPLF provisional government established a
separate judiciary in September. At the apex of the EPLF
provisional government's judicial system is a 12-member High
Court made up of legal professionals appointed by the EPLF
provisional government's Justice Secretary, who was responsible
for court administration. Appointments to lower courts were
made by the President of the High Court. Some judges from the
Mengistu government were retained. To ensure judicial
independence, judges were given immunity from arrest and were
subject to removal only by an independent committee.
Investigations into alleged wrongdoing were the reponsibility
of the EPLF provisional government's Secretary for Security,
whereas prosecutions fell to a newly established Attorney
General's office. The Eritrean court system became functional
only in November, and there had been no trials of former
Mengistu government officials by year's end.
f.
Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Mengistu government's police and security ignored
constitutional requirements to obtain warrants for the search
of offices or private homes, monitoring mail, or conducting
visual and electronic surveillance, and operated extensive nets
of informers, especially through urban kebeles.
During the first several weeks after their capture of Addis
Ababa and other cities, EPRDF forces conducted house-to-house
searches (sometimes involving forced entry) for firearms and
former Mengistu officials in hiding. The TG National Charter
approved in July prohibits arbitrary interference in privacy,
family, home, or correspondence. Nevertheless, complaints
remained common about intrusions into private premises by the
frequently rotated EPRDF troops who provided public security in
urban areas in the absence of a police force. Local Peace and
Stability Committees often appeared to act arbitrarily in
authorizing searches and arrests by the EPRDF. Unlicensed
possession of firearms continued to bedevil TG authorities, and
private and commercial vehicles were subject to random
searches. Former WPE members were required to report to their
local Committee every Sunday; failure to do so could result in
arrest.
The July National Charter explicitly condemned the Mengistu
government's previous coercive policies of resettlement and
villagization and promised priority attention to the
rehabilitation of persons uprooted under these programs.
In Eritrea the EPLF also engaged in searches of homes and
offices for firearms and Mengistu government officials in
hiding. By October the EPLF provisional government authorities
said legal protections against warrantless searches were in
place.
g. Use of Excessive Force and Violations of Hiimanitarian
Law in Internal Conflicts
Untold thousands of civilians died in the civil war which ended
in May 1991. All parties to the conflict at times engaged in
military operations with scant regard for civilian lives.
There is no reliable estimate of the number of civilian
casualties during the final months of the war.
The Mengistu government stepped up its enlistment efforts to
include all veterans, retired police and security officers, and
reservists, some in their 50 ' s and 60 's. Despite guidance that
new recruits be 18 years or older, some recruits as young as 14
were caught up in indiscriminate sweeps outside schools or in
marketplaces. Lethal force was sometimes used in stopping
those trying to avoid recruitment. While relying primarily on
volunteers, the EPLF, EPRDF, and OLF on occasion enlisted
minors, some as young as those conscripted by Mengistu'
s
government.
The retreating Mengistu government military units generally
exercised good discipline with regard to treatment of civilians
in the final months of the war. In some instances, however,
such as in Nekemte (Welega region) in late March, in Ambo
(Shewa region) in mid-April, and in western Eritrea in late
May, there were credible allegations of robbery, rape,
beatings, and killings of civilians by undisciplined Mengistu
troops. EPRDF and EPLF soldiers showed a high degree of
discipline and 9ivi^ behavior toward civilians throughout the
final stages of the war.
Upwards of 1,000 civilians died on May 28 while attempting to
loot a munitions plant booby-trapped by the Mengistu government
in the Addis Ababa suburb of Gulele. Another 140 civilians
died and 150 were wounded when former Mengistu government
military personnel sabotaged a munitions dump in the Nefas Silk
suburb on June 4. The explosion and resulting fire also left
7,000 homeless.
Treatment of captured Mengistu government military personnel
was reportedly good, thereby enabling the insurgents to recruit
large numbers into their ranks. Nevertheless, the former rebel
groups and the Mengistu government alike refused to accord
those captured prisoner of war status and barred the ICRC
access throughout the course of the war. Shortly after
capturing Asmara, the EPLF expelled an ICRC medical team there
that had been assisting with war wounded. The ICRC office in
Addis Ababa remained open after the EPRDF took power and worked
closely with the TG in setting up transit camps for demobilized
Mengistu government soldiers. In December the TG authorized
the ICRC to visit all former Mengistu government and WPE
civilians remaining in detention.
The international relief structure largely held together
throughout the year, although military operations occasionally
interfered with the flow of relief. While not as a result of
deliberate effort by the Mengistu government or its opponents,
the war seriously disrupted the flow of relief to Somali and
Sudanese refugee camps in the southeast and southwest,
resulting in serious food ration deficits in some camps.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press did not exist under the Mengistu
government. The government strictly controlled the content of
the state-owned and -operated information media, and individual
expression of unauthorized political opinions or views could
and did result in imprisonment.
The TG's National Charter, approved in July, provides for
freedom of opinion and expression and the right to impart these
through any media, although, pending action on a new press law,
all broadcast and most print media remained under state control
through the end of 1991. Nevertheless, individuals and
political groups, including those critical of the TG, had
access to the state-controlled media. A TG proclamation
guaranteeing free and equal access by all political
organizations to state-controlled broadcast and print media
took effect in November and appeared to be respected in
practice. Three political parties (the EPRDF, the OLF, and the
Oromo People's Democratic Organization, or OPDO) began
publishing their own newspapers in the fall. Ethiopia's first
independent tabloid newspaper began appearing irregularly by
year's end. Owing to lack of foreign exchange, newsprint
remained in short supply, and foreign magazines and newspapers
were not readily available.
In Eritrea the EPLF provisional government abolished the
Mengistu government's censorship boards. It imposed no
restrictions on independent newspapers, and four small
newspapers printed by Eritrean religious organizations
circulated freely. In September the EPLF government introduced
a new government newspaper, which due to shortage of newsprint
was published only twice a week. The availability of foreign
magazines and newspapers was also restricted due to lack of
foreign exchange. The state-controlled newspaper and radio
broadcasts allowed access to opposition views.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association expanded greatly during
1991. Despite constitutional guarantees, the Mengistu
government did not allow citizens to organize or demonstrate
against official policies, and it influenced or controlled most
organizations in the country.
The day after entering Addis Ababa, the EPRDF banned
demonstrations after several turned violent. In the weeks that
followed, however, the EPRDF interim administration permitted
dozens of peaceful demonstrations. The July National Charter
endorsed freedom of association, peaceable assembly, and the
right to engage in unrestricted political activity and to
organize political parties. On August 15, the TG issued a
proclamation recognizing the right to demonstrate, and popular
demonstrations became routine around the country, including
those protesting TG policies.
While there was a proliferation of political organizations (59
by the end of the year) after the TG was formed, not all
political parties were free to organize. Mengistu 's WPE and
its various appendages were dissolved after the EPRDF seized
power in late May. The ban was later endorsed by the TG's
Council of Representatives in August.
While not formally banned, certain expatriate groups which
reject the principles of the National Charter were also not
free to organize in the country, among them: the Coalition of
Ethiopian Democratic Forces, the Ethiopian People's
Revolutionary Party, and the All-Ethiopian Socialist Movement
(MEISON) . On August 15, the TG issued a proclamation requiring
organizers to inform authorities of public political meetings
48 hours in advance. While implementation of the proclamation
did not prove restrictive to organizations which gave notice,
in some cases local EPRDF administrators in the countryside
cited the proclamation as justification for breaking up
unauthorized political meetings and sometimes arresting
participants. In November three executives of the United
Democratic Nationals (UDN) party were arrested after
participants in an authorized UDN demonstration attacked TG
security personnel. The UDN leaders were charged with
responsibility for the incident under the terms of their
demonstration permit, and a trial in one of the civilian courts
still functioning was scheduled for January 1992. As of the
end of 1991, the need for procedures for registering political
parties and other organizations was under discussion in the TG
Council of Representatives.
In Eritrea, by contrast, the EPLF was synonymous with the
provisional government, and there were no restrictions on the
freedom of assembly; no permits for meetings were recjuired.
EPLF provisional government leaders declared all individuals
and groups were entitled to express their views freely in the
period leading up to the referendum. As of late 1991, no rules
for the registration of political or other organizations had
been drafted.
c. Freedom of Religion
Following the 1974 revolution, the Ethiopian Orthodox Church
lost its status as state church and saw its extensive land
holdings—perhaps as much as 30 percent of all cultivated land
at the time—confiscated by the State. Under the Mengistu
government, all religions were declared equal, but WPE members
were prohibited from religious worship services, and references
to any deity were not allowed to appear in the media. Certain
religions, particularly foreign Protestant evangelical
organizations, were persecuted for alleged political
activities, their leaders arrested, their followers sometimes
killed, and many churches closed. The Jehovah's Witnesses were
totally banned.
Since coming to power in July, TG officials have advocated
complete freedom of religion. The July National Charter
guaranteed freedom of religion, including private and public
worship and the right of conversion. Across southern Ethiopia,
the TG returned hundreds of Protestant churches closed by the
Mengistu government in the late 1970 's. It lifted the ban on
the Jehovah's Witnesses; 4,000 adherents held their first Bible
study in public in September. The construction of some
mosques, halted 15 years ago, resumed. Links with foreign
religious bodies were freely allowed.
The TG authorities appeared to intervene, however, in Ethiopian
Orthodox Church affairs in late August, forcing the Ethiopian
Orthodox Patriarch from office, allegedly for cooperation with
the Mengistu government. The Ethiopian Orthodox Holy Synod
named a committee to oversee church affairs until a new
Patriarch could be elected.
In interconfessional violence in the second half of the year,
churches and moscjues were burned and hundreds may have died.
TG authorities attempted to mediate the disputes.
Most of Ethiopia's small Jewish population, known as Beta
Israel or "Falasha" (a word meaning immigrant or outsider),
left their traditional homelands in Gonder and Tigray during
1990 and emigrated to Israel in 1991. By year's end,
approximately 4,500 Jews were believed to remain in Ethiopia,
and emigration processing was already under way for these few.
There were no reports of violence or discrimination against
Jews or "Feres Mora" (Jewish converts to Christianity) by
either Mengistu or TG officials during the year.
In Eritrea the EPLF provisional government also proclaimed
freedom of religion. The EPLF provisional government announced
its intention to return church property confiscated by the
former government and pledged not to interfere in internal
religious matters. Religious schools closed by the Mengistu
government were encouraged to reopen.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
During the first 5 months of the year, freedom of movement
around the country was increasingly restricted by the civil war
and deteriorating security conditions. Foreign travel,
emigration, and repatriation were severely restricted by
Mengistu government policies. In late May, the interim
government of Lt. General Tesfaye Gebre-Kidan oversaw the
emergency humanitarian airlift of 14,000 Jews from Addis Ababa
to Israel.
The National Charter adopted in July recognizes freedom of
movement, including the right to foreign travel and
emigration. Citizens no longer require permission for local
travel; however, there were credible reports that some local TG
officials discouraged migration between regions in order to
dampen ethnic tensions. Authorities maintained that Jews have
the Seime right of emigration as other citizens without special
government-to-government agreements that characterized the
Mengistu regime. Emigration of individual Jews resumed in
September. The TG also declared that all citizens remaining in
exile were welcome to return.
Despite its own domestic turmoil, Ethiopia was host during the
year to hundreds of thousands of refugees fleeing civil war and
instability in Somalia and Sudan. The TG has been cooperative
with the United Nations High Commissioner for Refugees (UNHCR)
and other international agencies and generally adheres to
international norms for refugees. However the TG did not
maintain a continuous presence in Somali and Sudanese
refugee/returnee camps, as had the Mengistu government.
Refugee protection remained problematic throughout the year.
In southeastern Ethiopia, approximately 400,000 to 500,000
Somali refugees were joined by 350,000 Ethiopian returnees
driven out by fighting in Somalia. An estimated 100,000 Somali
refugees spontaneously returned to northwest Somalia by the end
of 1991. There were credible reports of military recruitment
among war-displaced refugees/returnees by the OLF and various
ethnic Somali-based political groups. Such recruitment
continued in the second half of the year, despite TG
injunctions. In southwestern Ethiopia, the Sudanese People's
Liberation Army (SPLA) forcibly recruited refugees, from
refugee camps which the SPLA was allowed to control by the
Mengistu government, into its armed forces. Following
Mengistu' s fall in late May, the SPLA evacuated, in some cases
forcibly, tens of thousands of Sudanese refugees from these
long established camps; less than 10,000 had returned to
Ethiopia by year's end.
In Eritrea tens of thousands of non-Eritrean civilians fled
during the final stages of the war. Despite intense
international criticism, the EPLF provisional government
hastily repatriated to Ethiopia 85,000 former members of the
Mengistu military and about 50,000 dependents in June and
July. Although denying it was making forced expulsions, the
provisional government also arranged the repatriation to
Ethiopia of tens of thousands of other non-Eritreans . In
December the EPLF provisional government expelled 495 orphans
whom it deemed non-Eritrean. Nonetheless, tens of thousands of
non-Eritreans have opted to remain in Eritrea. Following the
announcement of a general amnesty on June 22, thousands of
Eritrean refugees returned voluntarily from Sudan. By year's
end, the EPLF provisional government had not promulgated an
emigration/immigration law.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ethiopians have not enjoyed the right to change their
government peacefully at any time in the last century. In
1991, however, the collapse of Mengistu' s authoritarian rule
brought to power new political forces with the express
intention of creating a multiparty system which, if
implemented, would enable citizens to change their government
through democratic elections. For the first 5 months of the
year, political power in the Mengistu government was formally
institutionalized in the WPE, the only legal party.
Despite its overwhelming military advantage, the EPRDF invited
27 political and ethnic organizations to attend a July 1-5
National Conference held in Addis Ababa. Conference
13rticipants agreed on a National Charter that spelled out
universal guarantees of human rights, recognized the right of
self-determination for all Ethiopian peoples, and set out a
timetable for establishing a multiparty democracy by January
1994 at the latest. The National Conference also set up a
multiparty Transitional Government (TG) to administer the
country until a new constitution is drafted and national
elections held. The coalition of ethnic-based insurgencies
that toppled the Mengistu government in midyear has attempted
to forge a new political consensus based on recognition of the
country's ethnic and linguistic diversity.
The TG consists of a quasi-legislative Council of
Representatives (87 members representing 32 political and
ethnic groups), a Council of Ministers (17 members representing
7 groups), and an independent judiciary (not yet established by
year's end). The Cabinet announced in August also included the
first female minister in Ethiopian history. The EPRDF
(actually a coalition of four parties) does not enjoy
majorities in either the Council of Representatives or the
Council of Ministers, but it captured most of the key positions
in the Transitional Government (President, Prime Minister,
Foreign Affairs, Defense, Internal Affairs). EPRDF officials
are also predominant in the "provisional administrative
committees" in cities and towns outside the capital. Local and
regional elections planned for October were delayed until 1992
as the Council of Representatives debated how to redraw the
administrative boundaries to reflect ethnic divisions and
election procedures.
In Eritrea, on the other hand, the EPLF administers a one-party
provisional government tasked with governing until an
internationally supervised referendum on Eritrea's political
future can be held. With the general population evenly divided
between Christians and Muslims, the EPLF emphasized religious
balance in leadership positions: five of the nine members of
the EPLF Politburo are Muslim, and Muslims hold half of the
portfolios in the EPLF provisional government cabinet.
Delegates to the Addis Ababa National Conference in July, which
the EPLF attended as an observer, supported interim
administration for Eritrea and recognized the Eritrean people's
right to self-determination through an internationally
supervised referendum, which the EPLF agreed to defer for up to
2 years. In September the EPLF provisional government invited
U.N. assistance in supervising the referendum, and in December
the TG officially requested U.N. assistance in the Eritrean
referendum. Once the referendum is held, EPLF leaders said
they plan to convene a constituent assembly to draft a new
constitution based on a multiparty political system and
democratic elections.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
In October a group of private citizens organized Ethiopia's
first independent human rights monitoring body: the Ethiopian
Human Rights Council (EHRCO), headed by a prominent academic
and frequent critic of the TG. Also in October, two other
private groups formed to further political dialog and promote
respect for democratic rights: the Ethiopian Congress for
Democracy (ECD) and Forum-84 . All three groups have been
allowed to operate freely and have access to state-controlled
media to broadcast information about their activities. As of
December , there had been no attempts to form any local human
rights monitoring group in Eritrea.
The Mengistu government had a long record of resistance to
international efforts to investigate human rights abuses. The
new TG has been generally willing to discuss human rights
concerns with diplomatic missions and international and
nongovernmental organizations. Amnesty International
representatives had their first free and unrestricted visit to
Ethiopia in July and visited again in December to investigate
alleged violations of human rights. An Africa Watch delegation
visited Ethiopia in October. Both groups were received by
high-level TG officials and given prominent coverage in the
state-controlled media.
In Eritrea the EPLF provisional government expelled the ICRC
shortly after seizing power in May, but in December agreed to a
reestablished ICRC presence to cooperate with local authorities
in the field of orthopedics. EPLF officials agreed in
principle that international and nongovernmental organizations
be allowed access to investigate human rights conditions. In
December the EPLF provisional government received an Amnesty
International delegation.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
More than 72 disparate ethnic groups, most having their own
tribal languages, make up Ethiopia's population of over 50
million. The inability of the Mengistu government to deal in a
noncoercive manner with the political and socioeconomic
aspirations of these various groups contributed decisively to
its downfall. The National Charter affirms the right of all
Ethiopian peoples to preserve separate languages and
identities, with recourse to self-determination, including
independence.
The TG abolished the Mengistu government's Revolutionary
Ethiopian Women's Association (REWA) , an appendage of the
banned WPE, and detained the former chairwoman without charge.
No successor organization has been formed.
Despite protections afforded them in the 1987 constitution,
women are accorded low social status in many traditional
cultures in the country. U.N. studies document marriage at
very young ages, hard and time-consuming labor, unequal
employment opportunities, and below average wages in urban
areas. However, women in the major Ethiopian ethnic groups
(Amhara, Oromo, Tigrayan) enjoy certain economic and legal
rights equal to men; they may inherit, sell, or buy property,
and engage freely in commerce. Despite a large number of
female soldiers in the EPRDF forces, women are not well
represented in leadership positions in the EPRDF or any of the
other newly formed parties.
The TG has established a national committee on traditional
practices considered harmful to women. Among them: female
circumcision (affecting fourth-fifths of all Ethiopian women);
tatooing (a possible means of AIDS virus transmission);
insertion of lip and ear plates among some southwestern tribes;
nutritional taboos; and child marriage. Domestic violence
remains common. While women have recourse to police protection
and official prosecution in cases of domestic violence,
societal norms and fear of loss of the social security that
marriage provides inhibit many women from seeking legal
redress. The TG established a new desk for women's rights in
the Ministry of Justice.
In Eritrea the EPLF provisional government worked to
accommodate nine indigenous ethnic groups and Christian-Muslim
divisions in the Eritrean population of 3 to 4 million. Women
in Eritrea are accorded inferior social status in many
traditional cultures. Nevertheless, participation by women in
the armed struggle—one-third of EPLF fighters were female—is
working to change attitudes. Six women sit on the 71-member
EPLF Central Committee. The EPLF provisional government
codified a broad range of rights for Eritrean women in
mid-September, including guarantees of equal educational
opportunity; land ownership, equal pay for ec[ual work, and
other economic and legal rights; and legal sanctions against
domestic violence. The campaign against dangerous traditional
practices, including female circumcision, nutritional taboos,
and traditional birth methods was taken up by the National
Union of Eritrean Women.
Section 6 Worker Rights
a. The Right of Association
Under the Mengistu government, the nonagricultural labor force
was mandatorily organized into a single trade union federation,
the Ethiopian Trade Union (ETU) , under the control of the
ruling WPE. Agricultural workers were organized in the
Ethiopian Peasant's Association (EPA), also under WPE control.
Despite guarantees in the 1987 constitution, workers and
farmers were not permitted to organize outside the ETU and EPA,
and the WPE approved candidate slates for all union officials.
The right to strike was recognized in principle, but forbidden
in practice.
Upon taking power, the Transitional Government (TG) dissolved
the ETU and EPA at the national level. The TG National Charter
recognizes the right to form and join trade unions. Beginning
in July, the TG organized elections for new union officials at
the factory-level, barring former members of the WPE and
security personnel from voting and holding office. Similar
elections were held in those peasant associations that survived
the transition.
By the end of 1991, no new new national bodies for workers and
peasants had yet been established, but planning was under way
by the TG for convening a national labor congress to discuss
the issue. The TG's Ministry of Labor and Social Affairs was
responsible for drafting a new labor code; in the interim, the
existing 1975 Labor Code remained in effect. Under this Code,
the right of affiliation to international organizations was
reserved to the ETU. Despite its dissolution, the ETU
technically remained an affiliate of the Communist-dominated
World Federation of Trade Unions at the end of the year.
Workers were free to form and join unions of their own choosing
without TG authorization, and this right was exercised
extensively. The 1975 Labor Code prohibited discrimination
against union members by management, but union members claimed
that occasional harassment continued. By October approximately
1,500 unions existed at the plant and factory level. These
unions were free of state interference, but the new political
parties especially the EPRDF have been involved in the
formation of some unions. In the absence of official
guidelines, TG officials have been tolerant of strikes and
protests in the workplace. Management frequently accused the
TG of being over indulgent with labor demands. In one such
case, EPRDF troops responded to charges by a local labor union
by arresting at gunpoint two midlevel managers at one of the
capital's leading hotels; they remained under arrest on charges
of corruption at year's end.
Upon taking power in Eritrea, the EPLF provisional government
similarly dissolved the ETU and EPA. On September 15, the EPLF
provisional government published a new Labor Code which accords
workers the right to join unions of their choice and the right
to strike. Eritrean courts were given the power to order
workers to delay strikes for 50 days pending negotiations.
Should negotiations fail, unions are required to give the EPLF
provisional government Labor Department a further 7-day notice
before any strike. There were no strikes in Eritrea in 1991.
b. The Right to Organize and Bargain Collectively
In principle the Mengistu government accepted international
conventions on collective bargaining and signed hundreds of
individual collective bargaining agreements over the last
decade. In practice, collective bargaining did not exist;
wages were set by the government in the public sector and by
employers with government oversight in the private sector.
The 1975 Labor Code includes the right to organize and bargain
collectively. Under the 1975 Code, wages are to be set in
negotiations between unions and management. If no agreement
can be reached, a disputes committee is formed, composed of two
representatives each from the union and management and a
committee chairman (usually a member of management). If an
agreement still cannot be found, the dispute goes to the
Ministry of Labor and Social Affairs for settlement. Within a
month of taking power, the TG's Prime Minister announced that
all collective bargaining agreements negotiated by the Mengistu
government, frozen since 1990, were valid. Given the condition
of the economy, there were no wage increases in state-owned
enterprises as of late 1991.
In Eritrea the EPLF provisional government's new Labor Code
published in mid-September explicitly recognized collective
bargaining and outlined an 11-step process for reaching
agreements.
There are no export processing zones in the country.
c. Prohibition of Forced or Compulsory Labor
Slavery was officially abolished in Ethiopia in 1942, but legal
codes did not address the issue of forced or compulsory labor.
Under Mengistu 's government, citizens were sometimes called on
to perform certain civic obligations, including "volunteer"
assistance in community work projects. In factories, workers
were also expected to volunteer extra hours at no pay so that
production quotas could be met.
The TG's National Charter adopted in July proscribes slavery
and involuntary servitude. Local TG officials outside of Addis
Ababa continued to call on residents to volunteer for
uncompensated community work projects, such as road building
and emergency road repair. Industries were operating at less
than half capacity at year's end; in those state-owned
factories still functioning, workers were still sometimes
compelled by factory managers to "volunteer" labor in order to
meet quotas, which could result in cash bonuses.
In Eritrea forced and compulsory labor was barred under the
EPLF provisional government's new Labor Code pxiblished in
mid-September. However, there were unconfirmed reports in late
1991 that some former Mengistu government detainees still held
in Eritrea without charge had been put to hard labor.
d. Minimum Age for Employment of Children
Under the 1975 Labor Code, contract employment of children
under the age of 14 is prohibited. Both the Mengistu
government and the new TG appeared to respect this restriction
in factories, shops, euid among domestic worker's. The Ministry
of Labor and Social Affairs was active in enforcing these
provisions in state-owned enterprises. Nevertheless, underaged
children were frequently seen peddling and begging on city
streets or working in the fields in rural areas throughout the
year.
In Eritrea the EPLF's new Labor Code published in mid-September
raised the minimum age for employment to 18. The provisional
government has also made education compulsory through age 18.
It remains to be seen how effectively it will be enforced.
e. Acceptable Conditions of Work
The statutory minimum wage, unchanged since 1974, remained low
and woefully insufficient to provide a decent standard of
living for an urban worker and family. On the other hand, only
unskilled day laborers usually receive such a low wage. In
addition, fringe benefits not required by law (transportation,
meals, clothing, medical care, shelter) raise the effective
minimum wage. Low-paid workers often supplement their income
by holding multiple jobs, with help from the extended family,
and through subsistence farming. The Ministry of Labor and
Social Affairs was responsible for enforcing compliance under
both the Mengistu government and the Transitional Government.
The 1975 Labor Code, observed by both the Mengistu government
and the TG, establishes an 8-hour workday and a 48-hour
workweek. The maximum legal workweek appeared to be respected
in practice with the exception of previously noted
uncompensated "volunteer" labor to meet factory quotas. The
1975 Code also empowers the Ministry of Labor and Social
Affairs "to determine protective devices" and to advise on the
health and safety of workers. Compensation for occupational
injuries and disabilities is mandatory. The Ministry's
effectiveness in enforcing health and safety standards
continues to be hampered by lack of resources.
In Eritrea the EPLF provisional government's new Labor Code
published in mid-September retains many provisions of the 1975
Code, including: a very low minimum wage, an 8-hour workday
and 48-hour workweek, and stipulations that the health and
safety of workers be safeguarded, but the degree of enforcement
is unknown.
