On the Imperatives of Establishing Facts and Extending the Mandate of the International Commission of Human Rights Experts on Ethiopia

25 August 2023

We, the Constituency for Accountability, note the tenets outlined in Article 10 of the Agreement for Lasting Peace Through a Permanent Cessation of Hostilities (COHA) that was signed on 2 November 2022 in Pretoria, Republic of South Africa. This significant article emphasizes the necessity of a holistic national transitional justice policy that harmonizes with the Constitution of FDRE and the African Union Transitional Justice Policy Framework.

We emphasize the undeniable link between peace and justice and believe that justice and accountability are cornerstones for sustainable peace in Tigray, Amhara, Oromia, Benishangul-Gumuz, Gambella, and other parts of Ethiopia. We are united in our commitment to be a voice that stands for justice, holds perpetrators to account, and paves the way for lasting peace in Ethiopia and the Horn of Africa.

As the Ethiopian government has presented its new transitional justice policy, 'Policy Options for Transitional Justice in Ethiopia,'- TJPE in short, our concerns about the Pretoria Agreement and its consequences for justice and accountability have become more intense. This policy disturbingly overlooks the necessity of gaining approval from the victims, communities directly affected, key stakeholders, and representatives of hotspots of the wars and atrocities, particularly in Tigray. TJPE was developed without the substantive and meaningful participation of victims in general, especially Tigray-based victims who bore the brunt of atrocities at the grassroots level in institutions.

The TJPE addresses all wars in Ethiopia, their associated atrocities, and their victims uniformly, neglecting their distinct characteristics. It overlooks the unique aspects of the war on Tigray, mainly:

1. The prolonged political mobilization and hate campaigns aimed at Tigrayans;

2. The military and security collaboration between Ethiopian, Amhara, and Eritrean authorities and forces with the backing of external entities;

3. The use of Western Tigray as political mobilization and security chokepoints against Tigray to access the external world;

4. the use of media blackout, starvation, siege, and mass rape as weapons. 

Additionally, it disregards the geopolitical context within which these heinous crimes were perpetrated. The TJPE treats every atrocity committed in Ethiopia as the same without recognizing each case's variations and peculiarities in scale, nature, and gravity.

Furthermore, victims have been completely side-lined in policy design and priorities. This utterly undermines its legitimacy. It overlooks their needs, interests, and right to substantive participation. Owing to these reasons, the symbolic consultations conducted in Tigray have proved mainly that the TJPE, as currently designed, has been widely rejected in Tigray. 

Critics shed light on the limited scope of transitional justice mechanisms, the glaring absence of victim involvement, hurdles in reconciliation, and a continuous trend of state actor impunity. Moreover, the TJPE dangerously focuses on "national sovereignty," ignoring the "responsibility to protect" the population and prosecute all crimes while entirely ignoring deep-rooted systemic injustices, mass displacement, and destruction that fuelled the conflicts. With a talk of prioritizing reconciliation over accountability with little focus on the political and legal accountability of those in command responsibilities, the TJPE could irreversibly compromise sustainable peacebuilding and justice efforts. More gravely, signs point to the policy possibly being crafted to outdo the international examination led by the U.N.'s International Commission of Experts on Ethiopia (ICHREE).

We further question if conditions are ripe to design, undertake meaningful consultation, and effectively implement a genuine transitional justice initiative in the current volatile context in Ethiopia. Ongoing hostilities, war, atrocities, and the failure to make meaningful progress on the key promises of the Pretoria Deal show that Ethiopia is not in transition to peace. Combined with past experiences, the ongoing states of emergencies, military operations, and conflicts in parts of Tigray, Amhara, Oromia, and other parts of the country heighten our doubts over the Ethiopian government's sincerity towards resolving political disputes peacefully and its efforts to achieve true transitional justice. Even in the post-Pretoria Deal Ethiopia, persistent state-perpetrated crimes have severely added to this lack of trust. 

In light of Ethiopia's current situation, we find ourselves forced to pose the following crucial question:

• Is Ethiopia genuinely on a transitional path to peace or to a new inclusive democratic political system?

• Is Ethiopia's political, legal, and economic condition a successful transitional justice within this context?

• Are the essential elements for a sincere transitional justice process visible in Ethiopia?

• Does the commitment to transitional justice arise from genuine intent or merely serve as a mask for impunity? 

We conclude that Ethiopia is not in a condition conducive to the launching of a comprehensive and full-fledged transitional justice process for the following reasons: 

1. After weathering one of the world's harshest wars and the situation in Tigray, Ethiopia remains engulfed in notable conflicts in areas like Amhara, Oromia, Benishangul Gumuz, and Gambella, to name a few. Rather than progressing toward peace, the country is sinking further into strife. The ongoing transitional justice process is ahead of time and might face challenges in securing public trust.

2. The Ethiopian state and leadership lack any evident political will for a genuine transition to sustainable peace and to undertake transitional justice. In all likelihood, the policy is aimed at shielding authorities from accountability. Without legal and political accountability, the culture of impunity persists.

3. Our concerns about the feasibility of a transparent and inclusive transitional justice process intensify, especially given the role of parties that are implicated in the ongoing conflict and ensuing atrocity crimes in the country. Our reservations about Ethiopia's domestic approach to transitional justice are backed by concerns of ownership by the people of Ethiopia, lack of political determination to see justice being served, the possibility of selective accountability, and legal and implementation challenges in prosecuting those responsible. 

4. The Ethiopian justice system demonstrably lacks the requisite independence, impartiality, capability, and even jurisdiction concerning atrocities committed by the Eritrean government needed to ensure the accountability of state actors and security forces. This is particularly evident regarding Eritrean authorities and the Eritrean Defense Forces. It is reasonable to conclude that it is highly improbable, even impossible, for the Ethiopian process to hold Eritrean and other external forces accountable for the atrocities they committed.

5. There is a high risk of selective justice targeting some token perpetrators of rank and file while granting immunity to political and military officials and elite members with command responsibility during these wars. This would reinforce impunity.

6. A serious, substantive, and genuine TJPE needs to guarantee non-repetition of atrocity crimes. Without the legal and political accountability of those in command responsibility and the required far-reaching overhauling of the state institutional, including war-making powers, non-recurrence of atrocity crimes cannot be ruled out.

7. No confidence that reparations programs will sufficiently address the immense range of physical, emotional, and collective harms inflicted on victims.

Thus, we firmly believe that the utmost priority for the transitional justice process to commence in Ethiopia is the establishment of facts surrounding the wars.  Our reasons are as follows: 

1. Truth is essential for reconciliation, accountability, sustainable peace, and development. Thus, we categorically reject and call for shelving the current TJPE, the cart before the horse. Truth must come first to pave the way for genuine transitional justice. There are no shortcuts to this, as justice, accountability, reconciliation, and reparations are to be based on facts.  

2. There are no shortcuts, and sequencing is critical. Facts surrounding the triggers, architects, enablers, and impact of the war and the atrocities committed must be authoritatively established through an independent, impartial investigation.

3. Genuine legal and political accountability is crucial, especially for senior command members with effective control. Justice must be done and needs to be seen done.

4. Without truth and accountability, TJPE, as formulated, will enable further denial and impunity rather than justice. This is unacceptable to overwhelming victims from Tigray and elsewhere in Ethiopia. 

5. More essentially, in its current form and timing, the TJPE is utterly premature and lacks legitimacy without victims' substantive participation in conceptualizing a process that addresses their rights and needs. Victims deserve no less. The wars in the various parts of the country need to end with a comprehensive peace process that addresses the root causes of the battles.

ICHREE is uniquely positioned and best equipped to independently and impartially establish the comprehensive truth given local limitations and lack of trust in national mechanisms. It has the independence, mandate, and jurisdiction to impartially investigate atrocities committed by all parties involved, including the Eritrean government and other armies. Only the ICHREE evidence-based findings will provide an authoritative foundation to design a genuine, inclusive, and victim-centered transitional justice process when the time is right. There are no credible alternatives.

Therefore, we unreservedly support the extension of an expanded mandate of the ICHREE as the sole independent investigative mechanism capable of establishing the truth, scale of violations, chains of command, and ascribing responsibility in an impartial manner. A just and legitimate transitional justice policy following ICHREE's findings must only be implemented once the minimum conditions of political will for genuine transitional justice are generated and stability has been achieved. 

Hence, we call the international community, particularly the members of the UN Security Council and the Human Rights Council, to fully support the ICHREE and ensure it gains unhindered access to atrocity hotspots, witnesses, sites, records, etc., to enable it to conduct a thorough investigation.

Co-signatories

1. Alliance of Civil Society Organizations of Tigray (ACSOT), Network of 72 CSOs in Tigray. 

2. ​​Union of Tigrayans in Belgium

3. Tigrayan Advocacy & Development Association UK

4. Tigray Youth Network UK

5. Mekete Tigray UK

6. The Global Society of Tigray Scholars and Professionals (GSTS)

7. Association of Tigrayans in Denmark

8. Association of Tigrayans in France

9. Tigray Development Association in France

10. Association of Tigrayans in the Netherlands

11. Association Tigray Development Association in the Netherlands (TDA NL)

12. Dekna Foundation

13. Tigrayan Youth Association in Italy

14. Forum Mekete Italy

15. Tigrayan Scholars in Italy (TSI)

16. Cultural Association and Social Promotion of the Tigray Community in Italy

17. Volunteer Association for the Development of Tigray, Italy

18. Association For The Development Of Tigray (AST)

19. Associations  of Tigrayan Community in Bologna

20. Tigray Community Association in Tuscany (ACTT)

21. Association of Tigrayan Women in Italy

22. Tigrayhjelpen Norway

23. Tigray Community Switzerland

24. Association of Tigrayan Women in Sweden/TKFS

25. Union of Tigrayan Associations in Sweden

26. Tigray Human Rights Forum

27. Omna Tigray

28. Hdrina Relief Organization 

29. Legacy Tigray 

30. Security and Justice for Tigrayans (SJT)

31. Ethiopian Canadians for Peace - Canada

32. Solidarity of Nations of Ethiopia 

33. Health Professionals Network for Tigray (HPN4Tigray) 

34. Tigray Action Committee (TAC)

35. Tigray Center for Information and Communication (TCIC)

36. Rescue Tigrayan Rape Victims

37. Tsilalna Tigray

38. Bishop Abune Tesfaselassie Medhin, Catholic Eparchy of Adigrat

39. Union of Tigreans in North America (UTNA)

40. Waela Tigray

41. Irob Anina Civil Society (IACS)

42. United Tegaru Canada

43. Association of Tigrayan Communities in Canada

44. Tigray Youth Association

45. Seedling for Peace and Democracy in Eritrea

46. Brotherly Relationship of Natives of Eritrea and Tigray 

47. Tinsae Midre Bahri 

48. Union of Tigrayans in Europe (UTE)

49.  Human Rights First (Ethiopia) 

50. Tigray Advocacy and Development Association (TADA) - UK

51. Samarbeidsfora for Norsk-Tigrayanere- Norway

We, the undersigned organizations, note the tenets set forth in Article 10 of the Agreement for Lasting Peace Through a Permanent Cessation of Hostilities (the Pretoria Agreement) that was signed on 2 November 2022 in Pretoria, Republic of South Africa. We underscore the symbiotic relationship between peace and justice, asserting that accountability is instrumental in bringing and sustaining peace in Ethiopia. Unified in purpose, we champion justice and accountability measures that would promote peace throughout Ethiopia and the Horn of Africa. In line with the customary international law practices and norms upheld by the United Nations (UN), we invoke Article 10 of the Pretoria Agreement and emphasize the responsibility of the UN bodies to protect populations from atrocities and uphold justice, as key components of the Responsibility to Protect (R2P) framework.

In accordance with sub article 3 of Article 10 of the Pretoria Agreement, the Government of Ethiopia unveiled the ‘Policy Options for Transitional Justice in Ethiopia’ (TJPE). The content of this policy has deepened our apprehensions about the ramifications of the Pretoria Agreement concerning justice and accountability. The TJPE, conceived without the requisite and meaningful engagement of victims, uniformly addresses all wars in Ethiopia, the associated atrocities, and their victims, overlooking their unique circumstances.

We further scrutinize whether the conditions are ripe for designing, engaging in substantive consultations, and launching a genuine and effective transitional justice initiative amidst the prevailing armed conflicts in Ethiopia. Persistent conflicts, war, mass atrocities, and the unwillingness and inability to fulfill the primary commitments of the Pretoria Agreement are indicators that Ethiopia is neither transitioning towards peace nor undergoing a political transition. When paired with historical experiences and the ongoing states of emergencies, armed conflict, and gross violations of human rights across various regions of the country, our skepticism regarding the feasibility and viability of realizing genuine transitional justice amplifies.

Our concerns regarding Ethiopia’s domestic approach to transitional justice are underscored by doubts concerning its acceptance by the Ethiopian populace, a conspicuous lack of political resolve to ensure justice, potential selective accountability, and the presence of both legal and practical hurdles in prosecuting those responsible. The Ethiopian justice system falls short of possessing the necessary attributes of independence, impartiality, competence, jurisdiction and capability to investigate crimes committed particularly in relations to the atrocities committed by the Eritrean government and the Eritrean Defense Forces.

We are firmly of the view that the initial step for the transitional justice process in Ethiopia is to ascertain the truths surrounding the wars and associated atrocities. We believe the International Commission of Human Rights Experts on Ethiopia (ICHREE) is uniquely situated and equipped to uncover the comprehensive truth independently and impartially, given local constraints and a pervasive mistrust in national systems. It possesses the independence, mandate, and jurisdiction to objectively examine atrocities by all parties, including the Eritrean government and other military entities. Only findings from ICHREE, grounded in evidence, can lay the foundational bedrock for designing a sincere, inclusive, and victim-centric transitional justice process when circumstances permit. Alternative approaches lack credibility.

Consequently, we wholeheartedly advocate for the extension and expansion of ICHREE’s mandate as the sole and only remaining independent investigative mechanism capable of determining the truth, extent of violations, command structures, and assigning responsibility with impartiality. This must also be viewed in light of the ill-considered and premature termination of the mandate of the Commission of Inquiry into the situation in the Tigray Region of the Federal Republic of Ethiopia by the African Commission on Human and Peoples’ Rights. A just and rightful transitional justice policy based on ICHREE’s findings and recommendations would offer all the requisite for transitional justice.

Therefore, we appeal to the international community, particularly the members of the UN Human Rights Council, to unequivocally support the extension of ICHREE’s mandate and guarantee its unrestricted access to areas of atrocity, witnesses, locations, records, and the like, ensuring a comprehensive investigation and accountability.

Signatories:

1. 1. Horn of Africa Civil Society Forum (HoACSF), consisting of 70 CSOs

   2. Sudanese Human Rights Monitor (SHRM)

   3. United Women of the Horn (UWH)

   4. Friends of Tigray

   5. Genocide80Twenty

   6. Canadian Centre for Victims of Torture (CCVT)

   7. Oromo Legacy Leadership & Advocacy Association (OLLAA)

   8. Solidarity of Nations of Ethiopia

   9. Ethiopian Canadians for Peace

   10. Ethiopia, Djibouti, and Somalia Human Rights (CEDA) association – Belgium

   11. Congress for Somali Cause

   12. Seedling for Peace and Democracy in Eritrea

   13. Brotherly Relationship of Natives of Eritrea and Tigray

   14. Human Right First (Ethiopia)

   15. Human Rights Action Group

   16. Culture Education et Developpement pour la Corne de I’Afrique (CEDA asbl)

   17. Eritrean Bright Future Movement

   18. Mahber Selam Ethio-Eritrea

   19. Foundation Human Rights for Eritreans

   20. Eritrea Free Media

   21. Sitti Solidarity Council

   22. Sitti Diaspora Association

   23. Somali State Intellectual Forum

   24. West-Somali-Ogaden Society

   25. VICTIM GROUP COUNCIL

   26. Issa Community Unity (ICU)

   27. Ceda-ASBI

   28. Yata Media

   29. Mahber Keskese Mlash

   30. Eritrean Kudus Rufael Kerk

   31. Congolese Sepoir

   32. DW International in Nederland

   33. Mahber Akran

   34. Mariam Drachten

   35. Mahber Bet Metaa

   36. Arbate Adi Belesa

   37. Logo Sarda

   38. Vereniging Selam Edir

   39. Vereniging van Ethiopische Tigreërs in Nederland

   40. Canada Tibet Committee

   41. Alliance of Genocide Victim Communities

   42. URAP | Uyghur Rights Advocacy Project

   43. Arakan Rohingya Society for Peace and Human Rights (ARPSH)

   44. Rohingya Student Network (RSN)

   45. Rohingya Women Association for Empowerment and Development (RWAED)

   46. Education and Wisdom Development for Rohingya Women (EWDRW)

   47. Rohingya Union For Women Education & Development (RUWED)

   48. Alliance of Civil Society Organizations of Tigray (ACSOT), Network of 72 CSOs in Tigray

   49. Bishop Abune Tesfaselassie Medhin, Catholic Eparchy of Adigrat

   50. Tigray Youth Association (Tigray)

   51. Union of Tigrayans in Belgium

   52. Tigrayan Advocacy & Development Association UK

   53. Tigray Youth Network UK

   54. Mekete Tigray UK

   55. The Global Society of Tigray Scholars and Professionals (GSTS)

   56. Association of Tigrayans in Denmark

   57. Association of Tigrayans in France

   58. Tigray Development Association in France

   59. Association of Tigrayans in the Netherlands

   60. Association Tigray Development Association in the Netherlands (TDA NL)

   61. Association Tigray’s Women in Netherlands

   62. Dekna Foundation

   63. Tigrayan Youth Association in Italy

   64. Forum Mekete, Italy

   65. Tigrayan Scholars in Italy (TSI)

   66. Cultural Association and Social Promotion of the Tigray Community in Italy

   67. Volunteer Association for the Development of Tigray, Italy

   68. Association for the Development of Tigray (AST)

   69. Associations of Tigrayan Community in Bologna

   70. Tigray Community Association in Tuscany (ACTT)

   71. Association of Tigrayan Women in Italy

   72. Tigrayhjelpen Norway

   73. Tigray Community Switzerland

   74. Association of Tigrayan Women in Sweden/TKFS

   75. Union of Tigrayan Associations in Sweden

   76. Tigray Human Rights Forum

   77. Omna Tigray

   78. Legacy Tigray

   79. Security and Justice for Tigrayans (SJT)

   80. Health Professionals Network for Tigray (HPN4Tigray)

   81. Tigray Action Committee (TAC)

   82. Tigray Center for Information and Communication (TCIC)

   83. Rescue Tigrayan Rape Victims

   84. Tsilalna Tigray

   85. Union of Tigreans in North America (UTNA)

   86. Waela Tigray

   87. Irob Anina Civil Society (IACS)

   88. United Tegaru Canada

   89. Tinsae Midre Bahri

   90. Union of Tigrayans in Europe (UTE)

   91. Tigray Advocacy and Development Association (TADA) – UK

   92. Samarbeidsfora for Norsk-Tigrayanere- Norway

   93. Association of Tigrayan Communities in Canada

   94. United Tegaru Canada (UTC)

   95. Tigrayan-Canadians Immigration Association

   96. Tigray Humanitarian Aid

   97. Tigray Community Dallas

   98. Tigrayan Association in Toronto

   99. Tigray community of Windsor and Essex County

   100. Tigray community of Saskatchwan

   101. Tigray community of Fory McMurry

   102. Tigray community of Edmenton

   103. Tigray community of Calgary

   104. Tigray community of Vancouver

   105. Tigray community of Quebec

   106. Tigray community of Ottawa

   107. Tigray community of Toronto

   108. TDA Vancouver

   109. Health professionals and Supporters of Canada

   110. Tigray community of Manitob