“Daniel and Netsanet have declined to sign this statement, arguing that their activities in 2005 were entirely legal and did not serve to undermine, but rather to protect and promote Ethiopia’s constitutional order. They are the two last imprisoned of thousands named as ‘prisoners of conscience’ by Amnesty International, detained after the May 2005 post-election protests in Ethiopia.”

Special Report Global NGO leaders demand release As detained poverty activists await Christmas Eve fate

by Dr Kris Rampersad, Director of Lobby, Advocacy and Research, Network of NGOs of Trinidad and Tobago for the Advancement of Women

For campaigning against poverty and violations against human rights in Ethiopia, NGO workers Daniel Bekele and Netsanet Demissie, two prominent global activists against poverty, face a third Christmas in jail. Bekele is the policy manager of ActionAid in Ethiopia, and Demissie is the founder and director of the Organization for Social Justice in Ethiopia. They were arrested in November 2005 during mass arrests of those suspected of supporting the opposition Coalition for Unity and Democracy (CUD) but have denied any connection to the CUD. As the verdict in their case is to be delivered, after several postponements, NGO leaders and workers from around the globe are calling on the Ethiopian authorities for their unconditional release. Bekele and Demissie are the two last imprisoned of thousands named as ‘prisoners of conscience’ by Amnesty International, detained after the May 2005 post-election protests in Ethiopia. Some 131 others, including opposition politicians, journalists and other human rights activists who were charged along with them and were deemed guilty by the courts were pardoned and released after they reportedly signed an undisclosed statement admitting guilt. “We understand that Daniel and Netsanet have declined to sign a similar statement, arguing that their activities in 2005 were entirely legal and did not serve to undermine, but rather to protect and promote Ethiopia’s constitutional order. They wish to establish this in court and secure their acquittal. Had they agreed to sign the statement, they believe it would have undermined the activities of civil society in Ethiopia,” explained Dr Kumi Naidoo, Secretary General of CIVICUS – a global alliance which represents some 500 civil society organisations in more than 100 countries. He is also the co-chairperson of the Global Call to Action Against Poverty, the Ethiopian chapter of which is coordinated by the two detainees. Naidoo, along with several leading humanitarians, including Director of the United Nations Millennium Campaign, Salil Shetty are calling on the international community to join their voices demanding the unconditional release of “two courageous civil society leaders, who are on trial solely for their peaceful and legitimate human rights and anti-poverty work.” Having himself been arrested and charged for violating the state of emergency regulations in South Africa during its agitation for liberation from apartheid, Naidoo explained that Bekele and Demissie face the charge of ‘outrage against the constitution or constitutional order’ which carries the death penalty or life imprisonment. After numerous delays by the court, they are due to receive their verdict on 24 December. All those in that protest who were held and declared guilty by the courts have since been freed, the last group of 61 were pardoned and released some six months ago. “The ongoing postponements of their trial, denies the internationally recognized right to fair trial and to verdict without undue delay, an essential and element of a fair trial,” Naidoo said, noting postponements by the court in issuing the verdict on October 9 to November 22 on grounds that the final statements were submitted later than expected, and the judges did not have enough time to deliberate; to November 30 on the basis ill-health of one of the judges was ill and then to December 24 on continued ill health of the judge and to allow the replacement judge time to review. They have also been consistently denied bail, even upon appeal. The two presented their defence from 27 July until 2 August, calling 29 witnesses including members of the opposition party CUD and a UN election observer, and presenting 300 pages of documentary evidence which pointed to their innocence. Amnesty International along with other witnesses confirm that Demissie and Bekele are peaceful, non-political activists. Noting insanitary conditions and overcrowding of the prison in which they are detained, Amnesty International has meanwhile expressed alarm over their continued detention of the NGO workers and refusal of the courts to grant them bail, their treatment in the prison where they have been restricted access to their families, legal representatives, medical care and reading and writing material.

Widespread condemnation

The European Union has already condemned the detentions and international groups like CIVICUS, CGAP, ActionAid and Amnesty International are encouraging people to take action by writing to Ethiopian authorities. A suggested template, addressed to the Prime Minister of Ethiopia entitled, Verdict of Daniel Bekele and Netsanet Demissie, circulated by CIVICUS states in part: “Civil society around the world is waiting expectantly for their trial and prompt release. I urge you, together with your Ministers of Justice and your prosecutors, to guarantee a fair trial and the subsequent unconditional release of Daniel and Netsanet.” Letters in solidarity can be sent to the Ethiopian Prime Minister, Meles Zenawi; Minister of Justice, Ato Assefa Kessito (justice@ethionet.et, ministry-justice@telecom.net.et) and copied to Permanent Mission of Ethiopia to the United Nations (ethiopian.mission@verizon.net, ethiopianmission2002@yahoo.com ); the Ethiopian Human Rights Commission (hrcom@ethionet.et) and various Ethiopian missions around the world. (see http://www.civicus.org/csw/CIVICUS.GCAP.Appeal.24.12.07.asp) Said Naidoo: “We are asking the Ethiopian Government to respect the rights of civil society organisations and actors in Ethiopia to freely associate, assemble and express themselves without fear. These rights are enshrined in the Constitution of Ethiopia, as well as the African Charter of Human and Peoples’ Rights. “Since the arrest and detention of Daniel and Netsanet, as well as political opposition leaders, journalists and trade unionists in Ethiopia, civil society has become ever more fearful of being publicly critical of government policy. We ask that the government support the vital work of civil society, and reassure activists that they can peacefully engage with the government, without fear of harassment, arrest and detention. “Ethiopia is bound, under provisions of the human rights instruments it has ratified, to ensure the right to a fair trial of those charged with a criminal offence,” Amnesty International has stated, citing articles 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR) and articles 6 and 7 of the African Charter on Human and Peoples’ Rights which provide minimum standards of fair trial. In a detailed report on the issue released last year, Amnesty International called on the international community to continue to press the Government of Ethiopia to: • Observe international standards on freedom of expression and association, and to release immediately and unconditionally all the prisoners of conscience on trial, including the human rights defenders; • Press for fair trial for the defendants in accordance with international and regional standards; • Oppose the use of the death penalty and prevent any executions; • Ensure defendants are treated humanely in prison, and to monitor their treatment; • Fulfill its obligations to implement the rights to freedom of expression and opinion, including freedom of the media, and to protect the rights of human rights defenders; • Guarantee the protection of the rights of Ethiopian refugees, and in particular to grant international protection or asylum to opposition party activists and suspected activists at national or local levels, as well as civil society activists and journalists known to be critics of the government: importantly, such persons should not be refouled or forcibly returned to Ethiopia where they may face persecution, arbitrary arrest or detention, unfair trial, torture or other ill-treatment.

It wants the Ethiopian Government to:  Release immediately and unconditionally, with charges withdrawn, the political opposition leaders, human rights defenders and journalists, who are prisoners of conscience and have not used or advocated violence;  Ensure that all elements of fair trial are afforded to the defendants, including the right to be tried by a competent and independent court; to guarantee the presumption of innocence, including by ensuring that the burden of proof rests on the prosecution; to ensure the “equality of arms” between prosecution and defendants, including adequate time and facility for those having legal counsel to prepare a full defence and effective examination of witnesses;  Exclude the application of the death penalty, which is a violation of the right to life and a cruel, inhuman and degrading punishment;  Establish independent and impartial investigations into any allegations of torture or ill-treatment made by defendants, and to ensure that evidence obtained as a result of torture or ill-treatment is not admitted in the proceedings, and that officials suspected of having committed acts of torture or ill-treatment are brought to justice;  Ensure defendants are treated humanely in custody in accordance with international and regional standards for the treatment of prisoners, such as the UN Standard Minimum Rules for the Treatment of Prisoners, with particular regard to medical treatment, family visits and communications, reading materials and writing materials for communications with families and legal representatives;  Recognise and implement the right to freedom of opinion and association for political parties and civil society groups, including freedom of the media, as set out in the Ethiopian Constitution and international and regional human rights treaties to which Ethiopia is party, particularly the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights;  Respect and protect the legitimate role of human rights defenders and civil society activists, in conformity with the UN Declaration on Human Rights Defenders.

(see amnesty.org/en/alfresco_asset/b8180d8d-a2b0-11dc-8d74-6f45f39984e5/afr25027 2007en.pdf)

Letter of Appeal The Global NGO movement is calling on persons to sign and send the following letter to the Ethiopian authorities:

December 2007 RE: Verdict of Daniel Bekele and Netsanet Demissie Your Excellency, Prime Minister of Ethiopia Meles Zenawi, Kindly receive my sincere greetings to you and your government. I respectfully send you this letter shortly before 24 December, the day Daniel Bekele and Netsanet Demissie are due to receive their verdict, after being detained for more than two years. These peaceful civil society activists, both coordinators of the Global Call to Action Against Poverty (GCAP) in Ethiopia, have been imprisoned now for 25 months, and their bail has been consistently refused. I would like to take this opportunity to express to you my deep dismay at the continuing detention of these two courageous civil society leaders, who are on trial solely for their peaceful and legitimate human rights and anti-poverty work. The ongoing postponements in their trial verge on violating the right to a verdict without undue delay, an essential and internationally recognised element of a fair trial. I appeal to you to ensure the acquittal of these civil society leaders on charges of ‘outrage against the constitution or constitutional order’. Daniel and Netsanet are highly respected throughout global civil society networks for their tireless advocacy on human rights, poverty reduction and social justice in Ethiopia. Civil society around the world is waiting expectantly for their trial and prompt release. I urge you, together with your Ministers of Justice and your prosecutors, to guarantee a fair trial and the subsequent unconditional release of Daniel and Netsanet. I believe that the continuing detention of these courageous civil society activists, on charges carrying a possible death penalty or life imprisonment, discourages work vitally important to the welfare of the people of Ethiopia. As we approach the first Christmas of Ethiopia’s new millennium, it would be an absurdity and indeed a tragedy if Daniel and Netsanet were to remain in detention a full six months after all their principle co-defendants declared guilty by the court were released. Yours sincerely, =--YOUR NAME-- --YOUR ORGANISATION— (see http://www.civicus.org/csw/CIVICUS.GCAP.Appeal.24.12.07.asp#letter%20of%20a ppeal) Send a letter to: His Excellency Prime Minister of Ethiopia Meles Zenawi PO Box 1031, Addis Ababa, Ethiopia, Fax: +251 11 1226292, +251 11 1552020 Hon Ato Assefa Kessito Minister of Justice PO Box 1370, Addis Ababa, Ethiopia, Fax: +251 11 5517775, +251 11 5520874 Email: justice@ethionet.et, ministry-justice@telecom.net.et Copied to: The Permanent Mission of Ethiopia to the United Nations Fax: +212 754 0360 E-mail: ethiopian.mission@verizon.net, ethiopianmission2002@yahoo.com The Ethiopian Human Rights Commission: Fax: +251 11 618 0041, Email: hrcom@ethionet.et

“Daniel and Netsanet have declined to sign this statement, arguing that their activities in 2005 were entirely legal and did not serve to undermine, but rather to protect and promote Ethiopia’s constitutional order. They are the two last imprisoned of thousands named as ‘prisoners of conscience’ by Amnesty International, detained after the May 2005 post-election protests in Ethiopia.”

Special Report Global NGO leaders demand release As detained poverty activists await Christmas Eve fate

by Dr Kris Rampersad, Director of Lobby, Advocacy and Research, Network of NGOs of Trinidad and Tobago for the Advancement of Women

For campaigning against poverty and violations against human rights in Ethiopia, NGO workers Daniel Bekele and Netsanet Demissie, two prominent global activists against poverty, face a third Christmas in jail. Bekele is the policy manager of ActionAid in Ethiopia, and Demissie is the founder and director of the Organization for Social Justice in Ethiopia. They were arrested in November 2005 during mass arrests of those suspected of supporting the opposition Coalition for Unity and Democracy (CUD) but have denied any connection to the CUD. As the verdict in their case is to be delivered, after several postponements, NGO leaders and workers from around the globe are calling on the Ethiopian authorities for their unconditional release. Bekele and Demissie are the two last imprisoned of thousands named as ‘prisoners of conscience’ by Amnesty International, detained after the May 2005 post-election protests in Ethiopia. Some 131 others, including opposition politicians, journalists and other human rights activists who were charged along with them and were deemed guilty by the courts were pardoned and released after they reportedly signed an undisclosed statement admitting guilt. “We understand that Daniel and Netsanet have declined to sign a similar statement, arguing that their activities in 2005 were entirely legal and did not serve to undermine, but rather to protect and promote Ethiopia’s constitutional order. They wish to establish this in court and secure their acquittal. Had they agreed to sign the statement, they believe it would have undermined the activities of civil society in Ethiopia,” explained Dr Kumi Naidoo, Secretary General of CIVICUS – a global alliance which represents some 500 civil society organisations in more than 100 countries. He is also the co-chairperson of the Global Call to Action Against Poverty, the Ethiopian chapter of which is coordinated by the two detainees. Naidoo, along with several leading humanitarians, including Director of the United Nations Millennium Campaign, Salil Shetty are calling on the international community to join their voices demanding the unconditional release of “two courageous civil society leaders, who are on trial solely for their peaceful and legitimate human rights and anti-poverty work.” Having himself been arrested and charged for violating the state of emergency regulations in South Africa during its agitation for liberation from apartheid, Naidoo explained that Bekele and Demissie face the charge of ‘outrage against the constitution or constitutional order’ which carries the death penalty or life imprisonment. After numerous delays by the court, they are due to receive their verdict on 24 December. All those in that protest who were held and declared guilty by the courts have since been freed, the last group of 61 were pardoned and released some six months ago. “The ongoing postponements of their trial, denies the internationally recognized right to fair trial and to verdict without undue delay, an essential and element of a fair trial,” Naidoo said, noting postponements by the court in issuing the verdict on October 9 to November 22 on grounds that the final statements were submitted later than expected, and the judges did not have enough time to deliberate; to November 30 on the basis ill-health of one of the judges was ill and then to December 24 on continued ill health of the judge and to allow the replacement judge time to review. They have also been consistently denied bail, even upon appeal. The two presented their defence from 27 July until 2 August, calling 29 witnesses including members of the opposition party CUD and a UN election observer, and presenting 300 pages of documentary evidence which pointed to their innocence. Amnesty International along with other witnesses confirm that Demissie and Bekele are peaceful, non-political activists. Noting insanitary conditions and overcrowding of the prison in which they are detained, Amnesty International has meanwhile expressed alarm over their continued detention of the NGO workers and refusal of the courts to grant them bail, their treatment in the prison where they have been restricted access to their families, legal representatives, medical care and reading and writing material.

Widespread condemnation

The European Union has already condemned the detentions and international groups like CIVICUS, CGAP, ActionAid and Amnesty International are encouraging people to take action by writing to Ethiopian authorities. A suggested template, addressed to the Prime Minister of Ethiopia entitled, Verdict of Daniel Bekele and Netsanet Demissie, circulated by CIVICUS states in part: “Civil society around the world is waiting expectantly for their trial and prompt release. I urge you, together with your Ministers of Justice and your prosecutors, to guarantee a fair trial and the subsequent unconditional release of Daniel and Netsanet.” Letters in solidarity can be sent to the Ethiopian Prime Minister, Meles Zenawi; Minister of Justice, Ato Assefa Kessito (justice@ethionet.et, ministry-justice@telecom.net.et) and copied to Permanent Mission of Ethiopia to the United Nations (ethiopian.mission@verizon.net, ethiopianmission2002@yahoo.com ); the Ethiopian Human Rights Commission (hrcom@ethionet.et) and various Ethiopian missions around the world. (see http://www.civicus.org/csw/CIVICUS.GCAP.Appeal.24.12.07.asp) Said Naidoo: “We are asking the Ethiopian Government to respect the rights of civil society organisations and actors in Ethiopia to freely associate, assemble and express themselves without fear. These rights are enshrined in the Constitution of Ethiopia, as well as the African Charter of Human and Peoples’ Rights. “Since the arrest and detention of Daniel and Netsanet, as well as political opposition leaders, journalists and trade unionists in Ethiopia, civil society has become ever more fearful of being publicly critical of government policy. We ask that the government support the vital work of civil society, and reassure activists that they can peacefully engage with the government, without fear of harassment, arrest and detention. “Ethiopia is bound, under provisions of the human rights instruments it has ratified, to ensure the right to a fair trial of those charged with a criminal offence,” Amnesty International has stated, citing articles 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR) and articles 6 and 7 of the African Charter on Human and Peoples’ Rights which provide minimum standards of fair trial. In a detailed report on the issue released last year, Amnesty International called on the international community to continue to press the Government of Ethiopia to: • Observe international standards on freedom of expression and association, and to release immediately and unconditionally all the prisoners of conscience on trial, including the human rights defenders; • Press for fair trial for the defendants in accordance with international and regional standards; • Oppose the use of the death penalty and prevent any executions; • Ensure defendants are treated humanely in prison, and to monitor their treatment; • Fulfill its obligations to implement the rights to freedom of expression and opinion, including freedom of the media, and to protect the rights of human rights defenders; • Guarantee the protection of the rights of Ethiopian refugees, and in particular to grant international protection or asylum to opposition party activists and suspected activists at national or local levels, as well as civil society activists and journalists known to be critics of the government: importantly, such persons should not be refouled or forcibly returned to Ethiopia where they may face persecution, arbitrary arrest or detention, unfair trial, torture or other ill-treatment.

It wants the Ethiopian Government to:  Release immediately and unconditionally, with charges withdrawn, the political opposition leaders, human rights defenders and journalists, who are prisoners of conscience and have not used or advocated violence;  Ensure that all elements of fair trial are afforded to the defendants, including the right to be tried by a competent and independent court; to guarantee the presumption of innocence, including by ensuring that the burden of proof rests on the prosecution; to ensure the “equality of arms” between prosecution and defendants, including adequate time and facility for those having legal counsel to prepare a full defence and effective examination of witnesses;  Exclude the application of the death penalty, which is a violation of the right to life and a cruel, inhuman and degrading punishment;  Establish independent and impartial investigations into any allegations of torture or ill-treatment made by defendants, and to ensure that evidence obtained as a result of torture or ill-treatment is not admitted in the proceedings, and that officials suspected of having committed acts of torture or ill-treatment are brought to justice;  Ensure defendants are treated humanely in custody in accordance with international and regional standards for the treatment of prisoners, such as the UN Standard Minimum Rules for the Treatment of Prisoners, with particular regard to medical treatment, family visits and communications, reading materials and writing materials for communications with families and legal representatives;  Recognise and implement the right to freedom of opinion and association for political parties and civil society groups, including freedom of the media, as set out in the Ethiopian Constitution and international and regional human rights treaties to which Ethiopia is party, particularly the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights;  Respect and protect the legitimate role of human rights defenders and civil society activists, in conformity with the UN Declaration on Human Rights Defenders.

(see amnesty.org/en/alfresco_asset/b8180d8d-a2b0-11dc-8d74-6f45f39984e5/afr25027 2007en.pdf)

Letter of Appeal The Global NGO movement is calling on persons to sign and send the following letter to the Ethiopian authorities:

December 2007 RE: Verdict of Daniel Bekele and Netsanet Demissie Your Excellency, Prime Minister of Ethiopia Meles Zenawi, Kindly receive my sincere greetings to you and your government. I respectfully send you this letter shortly before 24 December, the day Daniel Bekele and Netsanet Demissie are due to receive their verdict, after being detained for more than two years. These peaceful civil society activists, both coordinators of the Global Call to Action Against Poverty (GCAP) in Ethiopia, have been imprisoned now for 25 months, and their bail has been consistently refused. I would like to take this opportunity to express to you my deep dismay at the continuing detention of these two courageous civil society leaders, who are on trial solely for their peaceful and legitimate human rights and anti-poverty work. The ongoing postponements in their trial verge on violating the right to a verdict without undue delay, an essential and internationally recognised element of a fair trial. I appeal to you to ensure the acquittal of these civil society leaders on charges of ‘outrage against the constitution or constitutional order’. Daniel and Netsanet are highly respected throughout global civil society networks for their tireless advocacy on human rights, poverty reduction and social justice in Ethiopia. Civil society around the world is waiting expectantly for their trial and prompt release. I urge you, together with your Ministers of Justice and your prosecutors, to guarantee a fair trial and the subsequent unconditional release of Daniel and Netsanet. I believe that the continuing detention of these courageous civil society activists, on charges carrying a possible death penalty or life imprisonment, discourages work vitally important to the welfare of the people of Ethiopia. As we approach the first Christmas of Ethiopia’s new millennium, it would be an absurdity and indeed a tragedy if Daniel and Netsanet were to remain in detention a full six months after all their principle co-defendants declared guilty by the court were released. Yours sincerely, =--YOUR NAME-- --YOUR ORGANISATION— (see http://www.civicus.org/csw/CIVICUS.GCAP.Appeal.24.12.07.asp#letter%20of%20a ppeal) Send a letter to: His Excellency Prime Minister of Ethiopia Meles Zenawi PO Box 1031, Addis Ababa, Ethiopia, Fax: +251 11 1226292, +251 11 1552020 Hon Ato Assefa Kessito Minister of Justice PO Box 1370, Addis Ababa, Ethiopia, Fax: +251 11 5517775, +251 11 5520874 Email: justice@ethionet.et, ministry-justice@telecom.net.et Copied to: The Permanent Mission of Ethiopia to the United Nations Fax: +212 754 0360 E-mail: ethiopian.mission@verizon.net, ethiopianmission2002@yahoo.com The Ethiopian Human Rights Commission: Fax: +251 11 618 0041, Email: hrcom@ethionet.et