The training, organised last weekend in co-operation with several Kenyan media experts, emphasised the importance of concrete steps towards effective implementation of international freedom of expression obligations, as ratified by the Ethiopian government. The training also provided an overview of these international standards, and states’ responsibilities to implementing them domestically.
Participants discussed topics including constitutional guarantees for freedom of expression in Ethiopia and Kenya, restrictions on freedom of expression in order to protect reputation and national security, broadcasting regulations, and freedom of information. Kenyan media experts also outlined challenges and problems of the process of adopting the new Constitution of Kenya and related provisions on freedom of expression.
The training aimed to ensure that participants improved their knowledge and capacity to work on freedom of expression cases locally. For example, a new legal framework on access to information needs to be implemented in Ethiopia and lawyers, judges and public officials will all be instrumental in such a process.
At the same time, ARTICLE 19 Kenya is planning to follow up on this initiative through further engagement in Ethiopia as well as in the region, in particular to play a role in strengthening the capacity of local stakeholders to promote and protect free speech.
Article 19 worried over broad definition of terrorism in new law
ARTICLE 19 on March 31 issued its Analysis of the Ethiopian Anti-Terrorism Proclamation 2009 and calls for the government to fully recognise the right to freedom of expression under international and regional human rights law.
In the Analysis, ARTICLE 19 isolates omnibus sections of the Proclamation that undermine international protections on freedom of expression. Freedom of expression may be subject to restriction to protect national security, but only if the government can demonstrate that the restriction is prescribed by law and is necessary in a democratic society to protect a legitimate national security interest. Of particular concern is the broad definition of terrorism, which would appear to apply to many legitimate acts of expression; the undermining of protection of journalists’ sources including by surveillance and an excessive duty to cooperate and provide information; and vaguely defined provisions on “encouraging” terrorism that would criminalise the legitimate exercise of freedom of expression and have a real chilling effect on debate on matters of public interest.
“The Proclamation seriously undermines freedom of expression rights in a manner that is unlikely to improve security and negates Ethiopia’s obligations under international law”, says Henry Maina, Director of ARTICLE 19 Eastern Africa.
ARTICLE 19 recommends the Proclamation be amended. In particular, the legislation should narrow down the definition of “terrorism” and should introduce specific provisions on the right of journalists and media organisations to protect their sources of information. This will include limiting obligations to provide information, restrictions on searching and seizing of information, and limits on surveillance to identify sources and information.
