BY GIRMACHEW GASHAW
Ironically, the universally agreed human rights are being infringed universally. There remains a sharp contradiction between the rhetoric and practices of human rights. The scale of abuse and the severity of the violations have gone worse from bad with the expansion conflicts and unrest. Human rights are being compromised both by government and other groups.
Torture, imprisonments, killings and exodus have become the gruesome faces of the world. Human right violations are evident be it in developed or undeveloped countries the scale differs though. Frustratingly enough, the world is in short of good news as people’s human rights continue to come under attack from deferent actors. Well, this is the time where the world is requiring less rhetoric but more commitment from all stakeholders to effectively implement the right of the natural rights.
In spite of the ugly truth in the ground, human rights are privileges that are naturally given to all human races, and need to be protected well as they are the immutable and most fundamental rights. Yet, human right remains an important subject of debate worldwide triggering different movements such as the Black Life Matters. The current movements are continuations of the struggle form human dignity and rights.
Throughout human history, people have been searching for justice, equality, freedom and other rights and made various struggles against an endless influence and imposition of rulers. Through time, such struggles grew into organized movements of the society to ensure respect for human rights.
Lack of tolerance, promotion of racial supremacy and racial hatred and inequality that led to the atrocities committed during the Second World War, clearly demonstrated the need to have a global higher norm and values.
The aggregation of such events gave birth to the Universal Declaration of Human Rights in 1948, which became the benchmark of all core international and regional human rights norms and principles-including International Covenant on Civil and Political Right and International Civil and Cultural rights.
Thus, human rights are inherently connected with humanity and the society (individuals or in groups). These rights are imperative to lead a dignified life. Generally, there is a consensus on human rights norms and principles across the globe, demonstrated by, signature of treaties, adopting and adapting them into local laws, policies and other formal documents. However, humanity as a whole is a long way from realizing human rights.
Ethiopia has a good track record of ratifying international and regional human right instruments. Under chapter three of the constitution, for instance, a wide range of civil and political rights as well as socio-economic rights are recognized.
Further, third generation right such as living in clean environment, the right to development, and right to self-determination are also enshrined in the Constitution. In principle, with regard to recognizing human rights, the FDRE Constitution can be categorized as progressive by any measure.
These rights come with strict obligations and the obligations mainly rest on the State. The State is duty bound to adequately and efficiently implement laws, respect and uphold its laws, ensure that the laws are equality protect all persons and put in place necessary infrastructures to ensure the realization of all human rights.
Article 13 of the constitution, in this regard, proclaims that all government bodies have the obligation to respect the human rights provisions of under chapter three. Similarly, other institutions such as CSOs, private organizations, groups have a duty to respect human rights.
If these institutions are unable to discharge their obligations, it said there is violation of human rights. This does not mean that each and every citizen has an obligation to respect the laws of the country as well as the rights of others. But, the level of violation may be varied from one another.
Though the government takes the lion’s share of the responsibility, CSOs, individual citizens and other concerned bodies are expected to contribute their share towards ensuring the protection of human rights in Ethiopia, says legal scholars.
As the people sacrificed a lot to ensure the protection of human rights which are universal and inalienable, all concerned bodies should promote such rights until they become intrinsic parts of society, says Dr. Fasil Mulatu Addis Ababa University Human Right Center Director.
In Ethiopia, human rights are clearly stipulated in chapter three of the constitution. And the government takes the lion’s share of responsibility in respecting human rights. Other stakeholders including NGOs and individual citizens also have indispensable role in making sure that human rights are respected in Ethiopia, as to the Director.
In relation to the use of power by security forces, Fasil says, even if there is no ratified law that Ethiopia endorsed, there should be principles regarding how law enforcement bodies apply force. For this to happen, the state should prepare laws, policies, and guidelines.
“Of course, Article 78 of Ethiopia’s Criminal Law stated that the power used by law enforcing bodies should not be excessive. Thus, the use of force should be proportional,” he says adding “Here, it is important to raise the awareness of security forces. The government has also to provide them with the necessary equipment. Then after, it has to make those who violate the law and use excessive force accountable for their deeds by the law.”
But the main task needs to be done at the grassroots level, as to Fasil. “In this regard, schools and the media have a greater responsibility in raising public awareness about the promotion and promoting human rights.”
Regarding the methods to document human rights, Dr. Fasil said that data gathering, analysis and report about human rights violation have their own scientific method. “Victims of violation can be taken as sources of data. Apart from this, getting such information has become simpler in this globalized world.
Local human rights workers have also huge responsibility in providing data. There are also unanimous sources that expose the truth. Right based organizations are expected to well organize data and hold tangible evidence before they release their reports.”
When there are violations, the firsthand information should not be sought from rights based organizations; the government has to be the one to declare it first, Fasil says. Apart from this, the Human Right Commission, as it is a mandated institution, should release instant information to the public.
Though people focus on security forces while discussing human rights protection and violation, there are also some groups that violate the rights of others in order to promote certain interests, according to Assistant Professor Tesfaye Abate, a lecturer at Civil Service University School of law, Governance and Administration. Apart from groups, individuals may also violate the rights of others for some reasons.
That is why, the task of protecting human rights should not be left solely to the government, rather other stakeholders and concerned bodies working on the matter have to discharge their responsibilities and play their part in protecting and respecting the right of people.
As to Professor Tesfaye, all parties should remain alert to prevent human rights violations. When it comes to security forces, the exercise of power should be legitimate and as per the law.
The Ethiopian Herald December 9/2020
