BY DARGIE KAHSAY
The Ethiopian Human Rights Commission (EHRC) investigation report released on 01 January 2021 on the “violence and human rights violations following the musician Hachalu Hundessa’s assassination said it “crime against humanity”.
EHRC disclosed that “the attacks during the unrest and overall commission of the crime by individuals and groups who directly took part in it, constitutes the elements of crime against humanity”, not “genocide”.
Following this report, some people were raising question as to why EHRC referred to these human rights violations crimes against humanity rather than genocide. A press statement by EHRC sent to The Ethiopian Herald noted that genocide and crimes against humanity have their own distinctions.
According to the commission under international law, the term genocide is a legal term which applies to deliberate acts committed against a protected group with specific intent to destroy the group in whole or in part.
The group can be a national, ethnic, racial or religious while the actions may be killings, causing serious bodily or mental harm and imposing measures to prevent birth.
EHRC noted that crimes against humanity refers to certain lists of crimes, killing, extermination, torture, rape, persecution, committed as a part of a widespread or systematic attack directed against any civilian population.
According to the definition of these two terms, the commission stated that crime of genocide is restricted to acts perpetrated against certain collective groups with specific intent to destroy the group in whole or in part while the term crimes against humanity can be applicable in relation to an attack against any civilian population, regardless of its collective identity.
Crimes against humanity is the criminal acts are “committed as part of a widespread or systematic attack”, while genocide is an intent to destroy a legally protected group, according to EHRC in whole or in part.
The commission stated that based on the findings of the commission’s assessment, the actions and attacks carried out during the three day violence was not a simple criminal act but a crime against humanity, called it “an atrocity crime and grave violation of human rights.”
Approached by The Ethiopian Herald, Mesud Gebeyehu, Executive Director of Consortium of Ethiopian Rights Organizations (CERO) said that the matter is not the usage of words, if all crimes and violations reported during the situation. But, the problem is if there is targeted concealing or refusal of reporting the crimes.
According to Mesud, if EHRC reported every detail by assessing the situation and the information it gets from the ground and publics it the use of words does not change the level of the crime.
EHRC reported the findings and the acts of the violence and called it “crime against humanity” indicating the agreed concepts, he said adding that the matter is not using words but reported every human right violation.
For Mesud our focus must be to stop all human rights violations and say “never again” than debating on the use of words. “This does not mean, it is not important to use genocide if it happens and calling an act with its name helps to withdraw from it”, he said.
Ethiopian Human Rights Commission, citing its report, stated that risks of atrocity crimes are heightening, including genocide. EHRC recommends federal and regional authorities to put in place a comprehensive national strategy for the prevention of atrocity crimes.
The commission advises the need of having comprehensive national strategy to be implemented by all responsible authorities, for the protection of human rights and to tackle the risks in this case.
Mesud argued that EHRC, unlike its past activities, is trying to investigate all human rights violations and publicizes the findings with detail information. In addition, the commission is reporting the solutions with strong recommendations and advices, which shows the strength of the institution.
But, Mesud the recommendations should be implemented to withdraw from the current situation by the responsible body, government.
The CEO pointed out that national strategy is crucial to stop sensational human rights violations, lie war crimes, crimes against humanity and genocide. For him most of the times these human rights violations are induced due conflict, though not the only cause.
The crucial issue to protect human rights is prevention, Mesud said. Hence, for Mesud as a precondition, establishing an early warning mechanism is very helpful to protect human rights since it warned before situations develop to conflict level.
This may need establishment of strong institution with the participation and engagement of multi-stakeholders, he said, adding having national strategy helps to establish such necessary committee or institution.
Such institution, originated from national strategy, helps to alert government by early warning evaluating situations scientifically, researching the cases and causes of human rights violations, providing timely comments and recommendations and design necessary solutions to combat atrocities.
Governments have the responsibility of protecting citizens from atrocities, crimes against humanity, genocide, war crimes and from all human rights violations.
To support government’s activities of protecting human rights, having national advisory institution or committee is very helpful in such situations since human rights violations are happening in different parts of the country repeatedly.
In addition to this, implementing strong accountability, strengthening capacity of justice and security institutions, implementing appropriate and adequate legal framework is very necessary to strengthen detection and prevention.
Along with strengthening institutional mechanism focusing on societal awareness creation is very critical to aware the horrible nature of atrocities, according to him. “Genocide, war crime and crimes against humanities are very terrible”, he noted adding “we have to sensitize the society as to the harmful legacy of such atrocities in many societies in the world”.
According to Mesud in awareness creation, Civil Society Organizations can score significant outcomes. Focusing on “never again” of atrocity crimes is a timely needed activity by all stake holders and those engaged on protection of human rights.
CSOs can help the government activities by documenting, reporting, investigating human rights violations and awareness creation for the society. But, for him due to the past regulation, still now human rights based CSOs in Ethiopia are weak, although still playing their own role even with limited capacity.
All countries which signed and accepted UN human rights declaration have national mechanisms and strategies for the proper implementation of the decrees focusing on prevention.
The duties of CSO concerning human rightsare investigating, exposing, reporting rights violations and awareness creation, implementing accountability is the responsibility of the government. Although not strong, CSOs are lobbying the government to take necessary actions.
To strengthen the activities of prevention, EHRC with human rights CSOs started new platform to work together. This new platform aims to strengthen the country’s efforts of protecting human rights by working cooperatively.
The Ethiopian Herald January 20/2021
