ኮቪድ-19ና የአስቸኳይ ጊዜ አዋጁ አፈጻጸምና የሰብዓዊ መብቶች አያያዝ በኢትዮጵያ

27 May

Posted by The Ethiopia Observatory (TEO)

የኮቪድ-19 ወረርሸኝ ሥርጭትን ለመከላከል፣ ለመቆጣጠር እና የሚያስከትለውን ጉዳት ለመቀነስ በኢትዮጵያ የታወጀውን አስቸኳይ ጊዜ አዋጅ እና ማስፈጸሚያ ደንብ በተመለከተ በኢትዮጵያ ሰብዓዊ መብቶች ኮሚሽን የተከናወነ የሕግና ሰብዓዊ መብቶች ትንተና

ግንቦት 2012
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Legal/Human Rights Analysis of the Declaration of State of Emergency in Ethiopia in the Context of the COVID-19 Pandemic
7 May 2020
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የኢትዮጵያ መንግሥት የኮቪድ-19 ወረርሽኝን ስርጭት ለመቆጣጠር መጋቢት 30 ቀን 2012 ዓ.ም. ሀገር አቀፍ የአስቸኳይ ጊዜ አዋጅ ያወጀ ሲሆን ሚያዚያ 2 ቀን 2012 ዓ.ም. የሕዝብ ተወካዮች ምክር ቤት አዋጁን ተቀብሎ አፅድቋል፡፡ ይህንንም ተከትሎ የሚኒስትሮች ምክር ቤት የአዋጁን ማስፈፀሚያ ደንብ አውጥቷል፡፡ ኢሰመኮ የኢትዮጵያ መንግሥት ያወጀውን የአስቸኳይ ጊዜ አዋጅና የማስፈፀሚያ ደንብ የግድ የሚያስብል አንገብጋቢ የማህበረሰብ ጤና ጉዳይ መኖሩን እና ይህም አካሄድ የአስቸኳይ ጊዜ ስልጣን በይፋ በሕግ እንዲታወጅና ሕግን መሠረት አድርጎ እንዲተገበር ከሚያዘው የሕጋዊነት መርህ ጋር የተጣጣመ መሆኑን ይገነዘባል፡፡

በሌላ በኩል ኮሚሽኑ ባደረገው ጥናት የተወሰኑ የአስቸኳይ ጊዜ ደንቡ ድንጋጌዎች ከኢፌዲሪ ሕገ መንግስትና የዓለም አቀፍ የሰብዓዊ መብቶች መርሆች ጋር የማይጣጣሙ ሆነው በመገኘታቸው፤ ከሕገ መንግሥቱና ዓለም አቀፍ የሰብዓዊ መብቶች ጋር እንዲጣጣሙ ለማድረግ እንደገና እንዲመረመሩና ተገቢው ማሻሻያ እንዲደረግ ምክረ ሀሳብ አቅርቧል።

ከአስቸኳይ ጊዜ አዋጁና ደንቡ የሚመነጩ አንኳር ስጋቶች እንዲሁም ሕገ መንግሥታዊና ዓለም አቀፋዊ የሰብዓዊ መብቶች መርሆችን ሳይሸራረፉ ለማረጋገጥ አበርክቶ ያላቸው የኮሚሽኑ ምክረ ሀሳቦች የተካተቱበትን ሙሉ የሕግና የሰብዓዊ መብቶች ትንተና ሰነድ በአማርኛ እና እንግሊዝኛ ቋንቋዎች ለማግኘት ከታች የተመለከተውን ማስፈንጠርያ ይጫኑ፡፡

ማስታወሻ፡ የኢፌዲሪ ጠቅላይ ዐቃቤ ሕግ በዚህ በኮሚሽኑ በተዘጋጀዉ የሕግ ትንተና እና ምክረ ሃሳቦችን አስመልክቶ በሰጠው ምላሽ የአስቸኳይ ጊዜ አዋጁ እና የማስፈፀሚያ ደንቡ የኢፌዲሪ ሕገ መንግስት አንቀፅ 93ን መሰረት በማድረግ እንዲሁም በሕገ መንግስቱ አንቀፅ 93 /4/ ሐ ስር እና ሀገሪቱ ፈርማ ባፀደቀቻቸው የሰብዓዊ መብቶች ስምምነቶች መሰረት በአስቸኳይ ጊዜ የማይታገዱ (non-derogable) ናቸዉ ተብለው የተጠቀሱትን መብቶችና ነፃነቶች በማይጥስ መልኩ እና ወረርሽኙን ለመከላከል እና እንዳይስፋፋ ለማድረግ የሚያግዙ እርምጃዎችን ብቻ መሰረት በማድረግ የወጡ እንደሆኑ አስረድቷል። በተጨማሪም የአስቸኳይ ጊዜ እርምጃዎቹ ዋነኛ አላማ መብቶችን ለመገደብ ሳይሆን “የመብቶች ሁሉ እናት የሆነውን በህይወት የመኖር መብት ለማስጠበቅ እና በዚህም እነዚህን እርምጃዎች ሳንወስድ ብንቀር ሊከሰት የሚችለውን ሌሎች በርካታ የዜጎች መሰረታዊ መብቶች የሚጣሱበትን አስቸጋሪ ሁኔታ ለመከላከል እና ለማስቀረት መሆኑ ልብ ሊባል ይገባል” በሚል ገልጿል።

Legal/Human Rights Analysis of the Declaration of State of Emergency in Ethiopia in the Context of the COVID-19 Pandemic (7 May 2020)

On 8 April 2020, the Ethiopian Government declared a national state of emergency to combat the spread of the COVID-19 pandemic and the Federal House of Peoples’ Representatives approved the state of emergency proclamation on 10 April 2020. The Council of Ministers has subsequently issued the Regulation to implement the state of emergency. EHRC recognizes the public health emergency needs for the issuance of the State of Emergency Proclamation and Regulation by the Ethiopian Government which is also consistent with the principle of legality that any such emergency powers should be officially declared and exercised in accordance with the law.

On the other hand, a study by EHRC has identified some provisions of the Emergency Regulation which are inconsistent with the Constitution and international human rights standards and need to be considered for review and possible amendment with a view to ensuring their full compatibility with the Constitution and international human rights standards.

Click on the link below to download Amharic and English versions of the full analysis outlining key human rights concerns arising from the State of Emergency Proclamation and Regulation as well as EHRC’s recommendations.

Note:

In response to EHRC’s analysis and recommendations, the Office of Federal Attorney General explained that the state of emergency was proclaimed in accordance with Article 93 of the FDRE Constitution and in a manner that does not impinge on the rights and freedoms that are not subject derogations under Article 93 (4) (c) and human rights treaties ratified by Ethiopia and based solely on measures that are meant to prevent and control the spread of the pandemic. Furthermore, it stated that the primary purpose of the emergency measures is not to restrict rights, but to “protect the right to life which is the mother of all rights and to prevent the infringement of many other fundamental human rights that would otherwise occur if [government] failed to take these actions.”

 

 

/  Ethiopian Human Rights Commission

 

 

 

The Challenges of Ethiopia’s Transition and its Policy Options

26 May

Posted by The Ethiopia Observatory (TEO)

by The Board of Vision Ethiopia

The postponement of the election was predictable long before the outbreak of the COVID-19 outbreak. The  government  has not been able to  conduct  national  census, political parties  were  not  able  to  campaign  freely  in  all  regions  of  the  country,  and  sectarian messages  dominated  the  airwaves.  Allegations  that  security  forces,  law  enforcement agencies  and  government  institutions  are  partisans  have  eroded  public  trust  in  the government’s ability to prepare the country for the promised free and fair election.

 

Had it not been for a complex set of events, the month of May 2020 would have witnessed Ethiopia’s first post-conflict and transitional election.

Two years have passed since Prime Minister Abiy Ahmed came to power in the aftermath of  a popular  uprising  that demanded political  reforms,  protection of  human  rights and establishment  of  law  and  order.  He  raised  the  hopes  and  aspirations  of  millions  of Ethiopians back home and abroad with tantalizing measures that included the releases of  political  prisoners,  amnesty  for  political  dissidents,  and  a  peace  settlement  with neighboring Eritrea.

These bold steps earned the prime minister all round commendations and the 2019 Nobel Prize for Peace.

To the dismay of many Ethiopians, no sooner had glimpses of these signs of change been caught than the specter of anarchy and chaos ominously descended on the land. Ethnic conflicts got worse, resulting in countless deaths   and   massive   internal   human displacement. Minorities (especially the Amharas and Christians) in the various regions were  targeted  and  persecuted,  while  university campuses  became  centers  of  political agitation, violence and killings. Defenseless students of the Amhara ethnic group, mostly young girls, were abducted and tortured by extremist Oromo fighters, and several places of worship, including heritage institutions, were burned down. The governor of the Amhara region and his colleagues were assassinated under mysterious circumstances, as was the Chief of Staff of the Ethiopian National Defense Forces.

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በሰብዓዊ መብት ኮሚሽንና በአስቸኳይ አዋጁ አስፈጻሚዎች መካከል አለመግባባት ተፈጠረ!   እረ! ወዴት? ወዴት? ኢትዮጵያ

24 May

Posted by The Ethiopia Observatory (TEO)

/ሪፖርተር 

 

‹‹በሆነ አመለካከትና ፍላጎት ተሠልፈን የምንሳሳብበት ጉዳይ አይደለም›› አቶ ደመቀ መኮንን

‹‹የሁላችንም ዓላማ የዜጎችን መብት መጠበቅ ስለሆነ መግባባት አለብን›› ወ/ሮ ሙፈሪያት ካሚል

‹‹ኮሚሽኑ የሚያወጣቸው መግለጫዎች አግባብነት የላቸውም›› ወ/ሮ አዳነች አቤቤ

‹‹ሕይወት ለማዳን የሚወሰድ ዕርምጃ ሕይወት ማጥፋት የለበትም››  ዳንኤል በቀለ (ዶ/ር)

 

የኢትዮጵያ ሰብዓዊ መብት ኮሚሽን የአስቸኳይ ጊዜ አዋጁን ለማስፈጸም ከተቋቋመው የሚኒስትሮች ኮሚቴና በሕዝብ ተወካዮች ምክር ቤት ከተቋቋመው መርማሪ ቦርድ ጋር፣ የሰብዓዊ መብት አያያዝን በተመለከተ አለመግባባት መፈጠሩ ታወቀ።

አለመግባባት የተፈጠረው የኮሮና ወረርሽኝን ለመከላከልና ለመቆጣጠር በወጣው የአስቸኳይ ጊዜ አዋጅ፣ እንዲሁም በአዋጁ ማስፈጸሚያ ደንብ የተወሰኑ አንቀጾች ላይ የሰብዓዊ መብት ኮሚሽን ማሻሻያ እንዲደረግ ጥያቄ በማቅረቡ ነው። በተወሰኑ አንቀጾች ላይ ማሻሻያ እንዲደረግ ከቀረበው ምክረ ሐሳብ በተጨማሪ፣ ከአስቸኳይ ጊዜ አዋጁ አፈጻጸም ጋር ተያይዞ ሊታረሙ ይገባቸዋል የሚላቸውን ኢሰብዓዊ አያያዞች የተመለከቱ መግለጫዎችን ኮሚሽኑ በተደጋጋሚ እያወጣ መሆኑ፣ በሚኒስትሮች ኮሚቴ ውስጥ የሚሳተፉ የመንግሥት ባለሥልጣናት አስከፍቷል።

አዋጁን የማስፈጸም ኃላፊነት ከተሰጣቸው ባለሥልጣናት በተጨማሪ፣ የአስቸኳይ ጊዜ አዋጁ አፈጻጸምን በተለይም ኢሰብዓዊ አያያዞችን ለማስቀረት ትኩረት በማድረግ እንዲከታተል በሕዝብ ተወካዮች ምክር ቤት የተቋቋመው የአስቸኳይ ጊዜ አዋጁ መርማሪ ቦርድም፣ በኮሚሽኑ ላይ ቅሬታውን እያሰማ ነው።

የመርማሪ ቦርዱ ቅሬታ መሠረቱ ከሚኒስትሮቹ ጋር ተመሳሳይ ቢሆንም፣ ከአስቸኳይ ጊዜ አዋጅ አፈጻጸም ጋር በተገናኘ የሚነሱ የሰብዓዊ መብት ጥሰቶችን የመከታተል ሥልጣን የመርማሪ ቦርዱ፣ እንጂ የሰብዓዊ መብት ኮሚሽን አይደለም ሲል የሕግ ጥያቄ አንስቷል።

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UN Secretary-General encourages Blue Nile ripparian states to reach agreement over GERD; EU recognises Nile’s strategic importance for Ethiopia

20 May

Posted by The Ethiopia Observatory (TEO)

UN chief António Guterres is encouraging Egypt, Ethiopia and Sudan to persevere with efforts to overcome their differences and reach agreement on the Grand Ethiopian Renaissance Dam.

(United Nations, New York) The Secretary-General continues to follow closely developments related to the Grand Ethiopian Renaissance Dam (GERD). He notes the good progress in the negotiations between the Arab Republic of Egypt, the Federal Democratic Republic of Ethiopia and the Republic of Sudan thus far and encourages the three parties to persevere with efforts to peacefully resolve any remaining differences and to achieve a mutually beneficial agreement.

The Secretary-General underscores the importance of the 2015 Declaration of Principles on the GERD, which emphasizes cooperation based on common understanding, mutual benefit, good faith, win-win, and the principles of international law.

The Secretary-General encourages progress towards an amicable agreement in accordance with the spirit of these Principles.

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History Will Judge [Ethiopian] Negotiators on GERD [Will It?]

20 May

Posted by The Ethiopia observstory (TEO )

By Addis Fortune, February 8, 2020

Belatedly, negotiators over the Great Ethiopian Renaissance Dam (DERD) took the rare gesture in explaining to the public the positions they have taken during tough talks with their counterparts from Sudan and Egypt. They faced a select group of people gathered at the Hyatt Regency Hotel late last week, in a forum organised by the Institute for Strategic Studies (ISA), after their return from Washington, D.C., the capital of the convener and the headquarters of the World Bank.

To their disappointment, the damage has already been done. Public perception has already been formed, seeing the negotiators in disfavour, believing that they have compromised Ethiopia’s national interest under duress from the US government and the World Bank. The Hyatt session was an attempt to redress this and assure the public that no document will be signed if it is deemed against Ethiopia’s interests. Indeed, the team, led by Seleshi Bekele (PhD), minister of Water, Irrigation & Energy, has delved into plenty of technical details to make its point and appealed for public understanding.

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Scientists in China believe new drug can stop pandemic ‘without vaccine’

19 May

Posted by The Ethiopia Observatory (TEO)

A Chinese laboratory has been developing a drug it believes has the power to bring the coronavirus pandemic to a halt.

The outbreak first emerged in China late last year before spreading across the world, prompting an international race to find treatments and vaccines.

A drug being tested by scientists at China’s prestigious Peking University could not only shorten the recovery time for those infected, but even offer short-term immunity from the virus, researchers say.

Sunney Xie, director of the university’s Beijing Advanced Innovation Center for Genomics, told AFP that the drug has been successful at the animal testing stage.

“When we injected neutralising antibodies into infected mice, after five days the viral load was reduced by a factor of 2,500,” said Xie.

Sunney Xie, director of the Beijing Advanced Innovation Center for Genomics, told AFP that the drug has been successful at the animal testing stage (AFP / WANG ZHAO) 

“That means this potential drug has (a) therapeutic effect.”

The drug uses neutralising antibodies — produced by the human immune system to prevent the virus infecting cells — which Xie’s team isolated from the blood of 60 recovered patients.

A study on the team’s research, published Sunday in the scientific journal Cell, suggests that using the antibodies provides a potential “cure” for the disease and shortens recovery time.

Xie said his team had been working “day and night” searching for the antibody.

“Our expertise is single-cell genomics rather than immunology or virology. When we realised that the single-cell genomic approach can effectively find the neutralising antibody we were thrilled.”

He added that the drug should be ready for use later this year and in time for any potential winter outbreak of the virus, which has infected 4.8 million people around the world and killed more than 315,000.

“Planning for the clinical trial is underway,” said Xie, adding it will be carried out in Australia and other countries since cases have dwindled in China, offering fewer human guinea pigs for testing.

 

Read the rest on the original source: AFP

Somali Intelligence Chief accuses Qatar of links with Al-Shahbaab: Saudi Influence?

19 May

Posted by The Ethiopia Observatory (TEO)

From Hiiraan Online

Abdullahi Mohamed Ali (Sanbalolshe), former director of the Somali National Intelligence and Security Agency (NISA)

Abdullahi Mohamed Ali (Sanbalolshe), former director of the Somali National Intelligence and Security Agency (NISA), according to Somali Affairs, has accused Qatar of maintaining active links with the Somali extremist group, Al-Shahbaab.

Ex-Somali Intelligence Chief was commenting on the role played by Doha in the recent release of the abducted Italian aid worker Aisha Romano (formerly Silvia Romano), who was held captive the militant group Al-Shabaab for years. Here is a link to the story that appeared in Somali Affairs quoting the Somali Intelligence Chief.

Somali Affairs reports that in an interview with the Saudi-owned, Arabic Al-Arabia TV, Sanbalolshe, Ex-Somali Intelligence Chief, said Qatar has kept alive its contacts with Al-Shabaab for years, and that the Gulf country has been instrumental to the terror group in its drive to generate income from ransom payments.

Qatari Intelligence or Turkish Intelligence? 

However the appearance of this interview, by ex-Somali Intelligence Chief, on Saudi-owned Al-Arabia raises questions about the credibility of Sanbalolshe’s claims since relations between Doha and Riyadh are tense and a narrative war is continuing for past several years.

Sanbalolshe’s – ex-Somali Intelligence Chief – claims are also problematic because most of the Italian and Turkish sources have given credit to Turkish Intelligence, Italian and Somali government agencies for mediating this release.

In Italy the furore is rather focused on Silvia Romano’s claims that she has become a Muslim after carefully reading Quran and her new name is Aisha. She claims and explains to Italian prosecutors that there was never any pressure upon her and she was not physically abused by her captors. Aisha is the most popular Muslim name – coming from early days of Islam when the youngest wife of Prophet of Islam, Mohammad (PBUH) was Aisha or Ayesha.

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F.D.A. Halts Coronavirus Testing Program Backed by Bill Gates

18 May

Posted by The Ethiopia Observatory (TEO)

SEATTLE — An innovative coronavirus testing program in the Seattle area — promoted by the billionaire Bill Gates and local public health officials as a way of conducting wider surveillance on the invisible spread of the virus — has been ordered by the federal government to stop its work pending additional reviews.

The program involved sending home test kits to both healthy and sick people in the hope of conducting the kind of widespread monitoring that could help communities safely reopen from lockdowns. Researchers and public health authorities already had tested thousands of samples, finding dozens of previously undetected cases.

But the program, a partnership between research groups and the Seattle and King County public health department that had been operating under authorization from the state, was notified this week that it now needs approval directly from the federal government.  Officials with the Food and Drug Administration told the partnership to cease its testing and reporting until the agency grants further approval.

“Please discontinue patient testing and return of diagnostic results to patients until proper authorization is obtained,” the F.D.A. wrote in a memo.

The delay is the latest evidence of how a splintered national effort to develop, distribute and ramp up testing has left federal regulators struggling to keep up. Amid concerns about the reliability of a burgeoning number of coronavirus antibody tests — which check whether someone may have previously had the virus — the F.D.A. responded last week by ordering companies to submit data proving the tests’ accuracy.

But the Seattle program does not test for antibodies and has wide backing, including from public health leaders, the Fred Hutchinson Cancer Research Center and Mr. Gates, whose foundation has been deeply involved in fighting the pandemic. The Centers for Disease Control and Prevention also provided an in-person technical adviser to the project.

The Seattle partnership that is conducting the testing, the Seattle Coronavirus Assessment Network, said in a statement that it had been in conversation with the Food and Drug Administration about its program for about 10 weeks and submitted data a month ago.

“We are actively working to address their questions,” the group said.

The program has roots in the Seattle Flu Study, which over the fall and winter had collected thousands of samples from people in Washington State who had symptoms of illness. As previously detailed in The New York Times, researchers there had struggled to get government approval to test those old samples for the coronavirus and report the results.

By the end of February, those researchers ended up doing some testing anyway, discovered the first case of community transmission in the region and provided key evidence that the virus had most likely been circulating for weeks.

Mr. Gates, the Microsoft co-founder who has committed much of his wealth to global public health issues, has backed the Seattle study. He said in a blog post Tuesday that the program could detect cases and help guide public health responses.

“Not only will it help improve our understanding of the outbreak in Seattle, it will also provide valuable information about the virus for other communities around the world,” Mr. Gates wrote

An F.D.A. spokesperson said home collection kits raised additional concerns about safety and accuracy that required the agency’s review. The issue in the Seattle case appears to be that the test results are being used not only by researchers for surveillance of the virus in the community but that the results are also being returned to patients to inform them.

 

Pls read the rest from the original source— The New York Times

 

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