Economic and development analysis: Perspectives on economics, society, development, freedom & social justice. Leading issues in Oromo, Oromia, Africa & world affairs. Oromo News. African News. world News. Views. Formerly Oromia Quarterly
The prominent opposition activist Yonatan Tesfaye, was found guilty of terrorism based on Facebook posts that criticized the government’s handling of the Oromia protests.
Internet and mobile phone networks were deliberately disrupted during antigovernment protests and student exams; social media and communications platforms were periodically blocked throughout the year (see Restrictions on Connectivity and Blocking and Filtering).
Self-censorship heightened following the state of emergency instituted in October 2016 (see Media, Diversity, and Online Manipulation).
The state of emergency eroded fundamental rights and restricted certain online activities, including supporting protests on social media (see Legal Environment).
The Computer Crime Proclamation enacted in June 2016 criminalizes online defamation and incitement and strengthened the government’s surveillance capabilities by enabling real-time monitoring or interception of communications (see Legal Environment and Surveillance, Privacy, and Anonymity).
Numerous individuals were arrested for online speech or protests; two were convicted and handed multi-year prison sentences (see Prosecutions and Detentions for Online Activities).
Introduction:
Internet freedom declined dramatically in the past year as the government imposed emergency rule to crack down on antigovernment protests and the digital tools citizens used to organize them.
The authoritarian government declared a six-month state of emergency in October 2016 following months of escalating protests. Starting in the Oromia region in November 2015 as a protest against the government’s plan to infringe on land belonging to the marginalized Oromo people, the protests spread across the country throughout 2016, turning into unprecedented demonstrations seeking regime change and democratic reform. Emergency rule derogated fundamental rights in violation of international standards,1 banned unauthorized protests, and allowed the authorities to arbitrarily arrest and detain citizens without charges. More than 21,000 people were arrested before the state of emergency was lifted in August 2017.
The state of emergency restricted certain online activities and the internet was shut down for several days. The authorities criminalized accessing or posting content related to the protests on social media, displaying antigovernment symbols or gestures, as well as efforts to communicate with “terrorist” groups—a category that includes exiled dissidents. Penalties included prison terms of between three and five years.
Numerous individuals were arrested for online activities, and two were convicted to long prison sentences. In May 2017, a prominent opposition activist, Yonatan Tesfaye, was sentenced to six and a half years in prison on terrorism charges based on Facebook posts in which he criticized the government’s handling of the Oromia protests. Also in May, Getachew Shiferaw, editor-in-chief of opposition outlet Negere Ethiopia, was sentenced to one and a half years in prison on subversion charges for Facebook comments published in support of an exiled journalist. He was released on time served.
The legal environment for internet freedom became more restrictive under the Computer Crime Proclamation enacted in June 2016, which criminalizes defamation and incitement. The proclamation also strengthens the government’s surveillance capabilities by enabling real-time monitoring or interception of communications.
(Freedom on the Net Score: 0=Most Free, 100=Least Free)
Internet and mobile phone networks were deliberately disrupted during antigovernment protests and student exams throughout the year. Meanwhile, poor infrastructure, obstructionist telecom policies, and a government monopoly on the information and communication technology (ICT) sector make ICT services prohibitively expensive for the majority of the population.
Availability and Ease of Access
Ethiopia is one of the least connected countries in the world with an internet penetration rate of only 15 percent in 2016, up from 12 percent the previous year, according to the latest data from the International Telecommunications Union (ITU).2 Mobile phone penetration is also low at 51 percent, up from 43 percent in 2015.3 Low penetration rates stem from underdeveloped telecommunications infrastructure, which is almost entirely absent from rural areas, where about 85 percent of the population resides. A handful of signal stations service the entire country, resulting in network congestion and frequent disconnection.4 In a typical small town, individuals often hike to the top of the nearest hill to find a mobile phone signal.
Access to ICT services remains prohibitively expensive for most Ethiopians, largely due to the government’s monopoly over the telecom sector, which provides consumers with few options. Prices are set by state-controlled EthioTelecom and kept artificially high.5 William Davison, Bloomberg’s Ethiopia correspondent, described the issue on Facebook in March 2016: “It cost me 44 birr ($2.05) to watch Al Jazeera’s latest 3-minute dispatch on Oromo protests using 4G network on my phone, which is not that much less than the average daily wage of a daily laborer in Ethiopia.”6Ethiopians can spend an average of US$85 per month for limited mobile or fixed wireless internet access. Better quality services in neighboring Kenya and Uganda cost less than US$30 a month. One comparative assessment of internet affordability put Ethiopia among the world’s most expensive countries for access.7
Telecommunication devices, connection fees and other related costs are also beyond the means of many Ethiopians. As a result, Ethiopia has one of the lowest smartphone ownership rates in the world at only 4 percent, according to a 2016 Pew survey.8 Consequently, the majority of internet users rely on cybercafes for internet access. A typical internet user in the capital, Addis Ababa, pays between ETB 5 and 7 (US$ 0.25 to 0.35) for an hour of access.Because of the scarcity of internet cafes outside urban areas, however, rates in rural cybercafes are higher. In addition, digital literacy rates are generally low.
Connection speeds have been painstakingly slow for years, despite the rapid technological advances improving service quality in other countries. According to Akamai, the average connection speed in Ethiopia was 3 Mbps in the first quarter of 2017, significantly lower than the global average of 7.0 Mbps. In practice, such speeds result in extremely sluggish download times for even simple images. Logging into an email account and opening a single message can take as long as five minutes at a standard cybercafe with broadband in the capital, while attaching documents or images to an email can take eight minutes or more.9
Restrictions on Connectivity
Throughout 2016 and 2017, network traffic in and out of Ethiopia registered a significant decline as a result of continual throttling and repeated internet shutdowns.
Network shutdowns occurred several times during the coverage period:
During widespread antigovernment protests on August 6 and 7, 2016, internet services were completely inaccessible in the Amhara, Addis Ababa, and Oromia regions. The government responded to the protests with excessive force, resulting in the deaths of at least 100 people.10
In October 2016, mobile internet services were shut down for several days when the government declared a state of emergency.11 Mobile internet service and social media remained intermittently accessible for months (see Legal Environment).
The government shut down all telecommunications networks from May 30 to June 8 following the conviction of two human rights activists for online expression in May 2017 (see Prosecutions and Detentions for Online Activities).12
In separate incidents in July 2016, August 2016, and June 2017, the authorities shut down fixed and mobile internet services in select regions to prevent students from cheating during national university exams.13
The ICT shutdowns were costly. According to October 2016 research by the Brookings Institution, network disruptions between July 1, 2016 and June 30, 2017 cost Ethiopia’s economy over USD $8.5 million.14 September 2017 research by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) calculated the economic cost of Ethiopia’s internet disruptions between 2015 and 2017 at nearly USD $3.5 million a day. Calculated separately, disruptions to apps cost nearly USD $875,000 a day.15
The Ethiopian government’s monopolistic control over the country’s telecommunications infrastructure via EthioTelecom enables it to restrict information flows and access to internet and mobile phone services. As a landlocked country, Ethiopia has no direct access to submarine cable landing stations; thus, it connects to the international internet via satellite, a fiber-optic cable that passes through Sudan and connects to its international gateway, and the SEACOM cable that connects through Djibouti to an international undersea cable. All connections to the international internet are completely centralized via EthioTelecom, enabling the government to cut off the internet at will.
ICT Market
State-owned EthioTelecom holds a firm monopoly over internet and mobile phone services as the country’s sole telecommunications service provider. Despite repeated international pressure to liberalize telecommunications in Ethiopia, the government refuses to ease its grip on the sector.16The space for independent initiatives in the ICT sector, entrepreneurial or otherwise, is extremely limited.17
China is a key investor in Ethiopia’s telecommunications industry,18 with Zhongxing Telecommunication Corporation (ZTE) and Huawei currently serving as contractors to upgrade broadband networks to 4G in Addis Ababa and expand 3G networks elsewhere.19 The partnership has enabled Ethiopia’s authoritarian leaders to maintain their hold over the telecom sector,20 though the networks built by the Chinese firms have been criticized for their high cost and poor service.21 Furthermore, the contracts have led to increasing fears that the Chinese may also be assisting the authorities in developing more robust ICT censorship and surveillance capacities (see Surveillance, Privacy, and Anonymity).22 In December 2014, the Swedish telecom group Ericsson also partnered with the government to improve and repair the mobile network infrastructure,23 though ZTE remains the sector’s largest investor.
Onerous government regulations also stymie other aspects of the Ethiopian ICT market. For one, imported ICT items are tariffed at the same high rate as luxury items, unlike other imported goods such as construction materials and heavy duty machinery, which are given duty-free import privileges to encourage investments in infrastructure.24Ethiopians are required to register their laptops and tablets at the airport with the Ethiopian customs authority before they travel out of the country, ostensibly to prevent individuals from illegally importing electronic devices, though observers believe the requirement enables officials to monitor citizens’ ICT activities by accessing the devices without consent.25
Local software companies also suffer from heavy-handed government regulations, which do not prescribe fair, open, or transparent ways of evaluating and awarding bids for new software projects.26 Government companies are given priority for every kind of project, while smaller entrepreneurial software companies are completely overlooked, leaving few opportunities for local technology companies to thrive.
Cybercafes are subject to burdensome operating requirements under the 2002 Telecommunications (Amendment) Proclamation,27 which prohibit them from providing Voice-over-IP (VoIP) services, and mandate that owners obtain a license from EthioTelecom via an opaque process that can take months. In the past few years, EthioTelecom began enforcing its licensing requirements more strictly in response to the increasing spread of cybercafes, reportedly penalizing Muslim cafe owners more harshly. Violations of the requirements entail criminal liability, though no cases have been reported.28
Regulatory Bodies
The Ethiopian Telecommunications Agency (ETA) is the primary regulatory body overseeing the telecommunications sector. In practice, government executives have complete control over ICT policy and sector regulation.29 The Information Network Security Agency (INSA), a government agency established in 2011 and controlled by individuals with strong ties to the ruling regime,30 also has significant power to regulate the internet under its mandate to protect communications infrastructure and prevent cybercrime.
(Freedom on the Net Score: 0=Most Free, 100=Least Free)
Social media and communications platforms were repeatedly blocked throughout the coverage period. Self-censorship heightened following the state of emergency instituted in October 2016, which placed restrictions on the use of social media for certain types of speech.
Blocking and Filtering
One of the first African countries to censor the internet,31 Ethiopia has a nationwide, politically motivated internet blocking and filtering apparatus that is reinforced during sensitive political events.
Tests conducted by the Open Observatory of Network Interference (OONI) in December 2016 found a wide range of websites blocked in Ethiopia, including the websites of Ethiopian news outlets known for critical reporting, political opposition groups, LGBTI (lesbian, gay, bisexual, transgender, or intersex) groups, human rights organizations, and circumvention tools. In total, at least one hundred websites were inaccessible.32 OONI tests also found the mobile version of WhatsApp completely blocked.33
Other social media platforms such as Facebook and Twitter were repeatedly blocked for periods of time throughout 2016 and 2017, limiting their utility for political organizing even when the internet had not been completely shut down.34 In one case unrelated to political unrest, the authorities also blocked access to Facebook, Twitter, Instagram, Viber, IMO, and Google+ to prevent cheating during university examinations in July 2016.35 The blocks followed a full internet blackout for the same reason (see Restrictions on Connectivity). A government spokesperson stated that blocking social media during the exam would help students concentrate.
However, some progovernment media organizations and commentators seemed to have exclusive access to social media during the block,36 which reinforced the popular belief that government supporters are not disadvantaged during shutdowns to the extent that citizens are. Tools that help internet users bypass censorship are frequently blocked in Ethiopia, but some may remain available for approved uses. When social media platforms were blocked in the past year, diaspora-based activists publicized virtual private networks (VPNs) to circumvent the censorship, but certain VPNs were also subsequently blocked.37 Local sources suspected progovernment commenters were reporting some tools to the authorities for enabling censorship circumvention.
Digital security tools and information are also blocked. The Amharic translation of the Electronic Frontier Foundations’ “Surveillance Self-Defense” web guide was blocked two weeks after it was published in October 2015.38 One source reported that keywords such as “proxy” yield no search results on unencrypted search engines,39 reflecting the government’s efforts to limit users’ access to proxy servers and other circumvention tools. Tor, a circumvention tool that enables users to browse anonymously, has been subject to restrictions since May 2012.40
To filter the internet, specific internet protocol (IP) addresses or domain names are generally blocked at the level of the EthioTelecom-controlled international gateway. Deep packet inspection (DPI), which blocks websites based on a keyword in the content of a website or communication, is also employed.41
There are no procedures for determining which websites are blocked or why, precluding any avenues for appeal. There are no published lists of blocked websites or publicly available criteria for how such decisions are made, and users are met with an error message when trying to access blocked content. The decision-making process does not appear to be controlled by a single entity, as various government bodies—including the Information Network Security Agency (INSA), EthioTelecom, and the ICT ministry—seem to be implementing their own lists, contributing to a phenomenon of inconsistent blocking. This lack of transparency is exacerbated by the fact that the government denies implementing censorship. Government officials flatly deny blocking websites or jamming international satellite operations, while also stating that the government has a legal and a moral responsibility to protect the Ethiopian public from extremist content.
Content Removal
Political content is often targeted for removal, often by way of threats from security officials who personally seek out users and bloggers to instruct them to take down certain content, particularly critical content on Facebook. The growing practice suggests that at least some voices within Ethiopia’s small online community are closely monitored. For instance, during antigovernment protests in Oromia, activists who wrote messages of solidarity for the protestors on Facebook were asked to delete their posts.42
Media, Diversity and Content Manipulation
Increasing repression of journalists and bloggers has had a major chilling effect on expression online, particularly in response to the spate of blogger arrests in the past few years (see Prosecutions and Detentions for Online Activities). Many bloggers publish anonymously to avoid reprisals,43 while fear of pervasive surveillance has also led to widespread self-censorship.
Self-censorship heightened during the state of emergency instituted in October 2016, which explicitly prohibited sharing information about protests through social media platforms, communicating with exiled dissident groups regarded as terrorists, organizing demonstrations, and displaying political gestures (see Legal Environment).
Lack of adequate funding is a significant challenge for independent online media in Ethiopia, as fear of government pressure dissuades local businesses from advertising with politically critical websites. A 2012 Advertising Proclamation also prohibits advertisements from firms “whose capital is shared by foreign nationals.”44 The process for launching a website on the local .et domain is expensive and demanding,45 requiring a business license from the Ministry of Trade and Industry and a permit from an authorized body.46 While the domestic blogosphere has been expanding, most blogs are hosted on international platforms or published by members of the diaspora.
Despite Ethiopia’s extremely low levels of internet access, the government employs an army of trolls to distort Ethiopia’s online information landscape.47 Opposition groups, journalists, and dissidents use the mocking Amharic colloquial term kokas to describe the progovernment commentators.48 Observers say the kokas regularly discuss Ethiopia’s economic growth in favorable terms and post derogatory comments about Ethiopian journalists and opposition groups on Facebook and Twitter. In return, they are known to receive benefits such as money, land, and employment promotions. The government also manipulates online content through propaganda that aims to convince Ethiopians that social media is a dangerous tool co-opted by opposition groups to spread hate and violence.49
Digital Activism
Online tools were essential for the mobilization of antigovernment protests throughout 2016, enabling activists to post information about the demonstrations and disseminate news about police brutality as the government cracked down on protesters.50 Digital activism was muted following the October 2016 state of emergency, which banned demonstrations and online mobilization. Repeated internet shutdowns and blocks on social media platforms also hindered mobilization efforts (see Blocking and Filtering and Restrictions on Connectivity).
(Freedom on the Net Score: 0=Most Free, 100=Least Free)
A state of emergency declared in October 2016 derogated fundamental rights and restricted certain online activities. The Computer Crime Proclamation enacted in June 2016 criminalizes defamation and incitement; observers say it could be invoked to suppress digital mobilization. The proclamation also strengthens the government’s surveillance capabilities by enabling real-time monitoring and interception of communications. Numerous individuals were arrested for online activities, particularly protests, while two people were sentenced to prison for several years each during the coverage period.
Legal Environment
The government imposed a six-month state of emergency in October 2016 and shut down the internet for several days to quell escalating antigovernment protests. Specific online activities were restricted under emergency rule.51 The authorities criminalized accessing or posting content related to the protests on social media, as well as efforts to communicate with “terrorist” groups, a category that includes exiled dissidents. Penalties included prison terms of three to five years.52 Emergency rule also undermined fundamental rights, banning unauthorized protests, and allowing the authorities to arbitrarily arrest and detain citizens without charge. More than 21,000 people were arrested before the state of emergency was lifted in August 2017, according to news reports.53
Fundamental freedoms are guaranteed for Ethiopian internet users on paper, but the guarantees are routinely flouted in practice. The 1995 Ethiopian constitution provides for freedom of expression, freedom of the press, and access to information, while also prohibiting censorship.54 These constitutional guarantees are affirmed in the 2008 Mass Media and Freedom of Information Proclamation, known as the press law, which governs the print media.55 Nevertheless, the press law also includes problematic provisions that contradict constitutional protections and restrict free expression, such as complex registration processes for media outlets and heavy fines for defamation.56The Criminal Code also penalizes defamation with a fine or up to one year in prison.57
Meanwhile, several laws are designed to restrict and penalize legitimate online activities and speech. Most alarmingly, the 2012 Telecom Fraud Offences Law extends the violations and penalties defined in the 2009 Anti-Terrorism Proclamation and criminal code to electronic communications sent over mobile phone and internet services.58The antiterrorism legislation prescribes prison sentences of up to 20 years for the publication of statements that can be understood as a direct or indirect encouragement of terrorism, which is vaguely defined.59 The law also bans Voice over Internet Protocol (VoIP) services such as Skype60 and requires all individuals to register their telecommunications equipment—including smartphones—with the government, which security officials typically enforce at security checkpoints by confiscating ICT equipment if the owner cannot produce a registration permit, according to sources in the country.
In June 2016, the Ethiopian government passed a new Computer Crime Proclamation that criminalized an array of online activities.61 For example, content that “incites fear, violence, chaos or conflict among people” can be punished with up to three years in prison, which could be abused to suppress digital campaigns.62 Other problematic provisions ban the dissemination of defamatory content, which can be penalized with up to 10 years in prison,63 and the distribution of unsolicited messages to multiple emails (spam), which carries up to five years in prison.64 Civil society expressed concern that the law would be used to further crackdown on critical commentary, political opposition, and social unrest.65
Prosecutions and Detentions for Online Activities
The authorities intensified their crackdown against bloggers, online journalists, and activists during the state of emergency in the past year. The antigovernment protest movement led to thousands of arrests, some for digital activities such as posting or “liking” social media content about the protests. Examples include the following:
In October 2016, police arrested Seyoum Teshome, a well-known academic and blogger for the Ethiopian Think Tank Group, who had published an article about the Oromia protest movement in The New York Times.66 Teshome was held in prison for three months, during which he reported suffering severe torture (see Intimidation and Violence).67
In November 2016, political activists Anania Sorri and Daniel Shibeshi and journalist Elias Gebru were arrested for posting images of themselves on social media displaying a gesture indicating support for the protest movement. Protest gestures and symbols were banned under emergency rule.68
In December 2016, seven musicians behind a popular YouTube music video were arrested and held without charge until June 2017, when they were charged with terrorism. The video was held to incite protests.69
Two cases led to convictions and multi-year prison sentences during the coverage period:
In May 2017, the prominent opposition activist Yonatan Tesfaye, was found guilty of terrorism based on Facebook posts that criticized the government’s handling of the Oromia protests.70 He was sentenced to six and a half years in prison.71 Tesfaye’s Twitter handle has been active since his detention, leading to suspicions that the officials were using his account to monitor other dissidents or encourage them to break the law.72
Also in May, Getachew Shiferaw, the editor-in-chief of the opposition outlet Negere Ethiopia, was sentenced to one and a half years in prison on subversion charges for Facebook comments were considered to “endorse” an exiled journalist.73 He was released on time served.
Bloggers from the critical Zone 9 blogging collective were repeatedly persecuted during the coverage period, continuing several years of unabated legal troubles and harassment. The bloggers were first arrested in April 2014 and charged with terrorism under the harsh Anti-Terrorism Proclamation.74 They were accused of intent to overthrow the government, an offense under the criminal code, by encrypting their communications to disseminate seditious writings.75 Denied bail and brought to court dozens of times for sham trials,76 the bloggers were eventually acquitted in late 2015, but the prosecutor appealed to the Supreme Court, and they were repeatedly summoned to appear throughout 2016.77 In April 2017, the Supreme Court ruled that two of the Zone9 bloggers, Atnaf Berhane and Natnail Feleke, should be tried on charges of inciting violence through their writing. If convicted, they would face up to 10 years each in prison.78
Other citizens were serving long prison sentences during the coverage period, including blogger Zelalem Workagenehu, who was found guilty of terrorism and sentenced to over five years in prison in May 2016.79 He was first arrested in July 2014 on charges of conspiring to overthrow the government after he facilitated a course on digital security. Well-known dissident journalist and blogger Eskinder Nega is serving an 18-year prison sentence handed down in July 2012 under the draconian anti-terrorism law for criticizing the law itself in an online article.80
Surveillance, Privacy, and Anonymity
Government surveillance of online and mobile phone communications is pervasive in Ethiopia and was strengthened under the new Computer Crime Proclamation enacted in June 2016, which enables real-time monitoring or interception of communications authorized by the Minister of Justice and obliges service providers to store records of all communications and metadata for at least a year.81
There are strong indications that the government has deployed a centralized monitoring system developed by the Chinese telecommunications firm ZTE to monitor mobile phone networks and the internet, according to a 2015 Human Rights Watch report.82 Known for its use by repressive regimes in Libya and Iran, the monitoring system enables deep packet inspection (DPI) of internet traffic across the EthioTelecom network and has the ability to intercept emails and web chats.
A customer management database called ZSmart, also developed by ZTE, has been installed by EthioTelecom. The database provides the government with full access to user information and the ability to intercept SMS text messages and record phone conversations.83 ZSmart also allows security officials to locate targeted individuals through real-time geolocation tracking of mobile phones.84 While the extent to which the government has made use of the full range of ZTE’s sophisticated surveillance systems is unclear, the authorities frequently present intercepted emails and phone calls as evidence during trials against journalists and bloggers or during interrogations as a scare tactic.85
Meanwhile, exiled dissidents have been targeted by surveillance malware. Citizen Lab research published in March 2015 said Remote Control System (RCS) spyware had been used against two employees of Ethiopian Satellite Television Service (ESAT) in November and December 2014. ESAT is a diaspora-run independent satellite television, radio, and online news media outlet, based in Alexandria, Virginia.86 Made by the Italian company Hacking Team, RCS spyware is advertised as “offensive technology” sold exclusively to law enforcement and intelligence agencies, and has the ability to steal files and passwords and intercept Skype calls and chats.87
While Hacking Team has said that the company does not deal with “repressive regimes,”88 the social engineering tactics used to bait the two ESAT employees made it clear that the attack was targeted. Moreover, analysis of the RCS attacks uncovered credible links to the Ethiopian government, with the spyware’s servers registered at an EthioTelecom address under the name “INSA-PC,” referring to the Information Network Security Agency (INSA), the body established in 2011 to preside over the security of the country’s critical communications infrastructure.89 INSA was already known to be using the commercial toolkit FinFisher to target dissidents and supposed national security threats. FinFisher can secretly monitor computers by turning on webcams, record everything a user types with a key logger, and intercept Skype calls.90
Political commentators use VPNs and anonymizing tools to hide their identities when publishing online and to circumvent filtering, though the tools are also subject to blocking (see Blocking and Filtering).
Anonymity is further compromised by strict SIM card registration requirements. Upon purchase of a SIM card through EthioTelecom or an authorized reseller, individuals must provide their full name, address, government-issued identification number, and a passport photograph. EthioTelecom’s database of SIM registrants enables the government to terminate SIM cards and bar individuals from registering for new ones. Internet subscribers are also required to register their personal details, including their home address, with the government. During the antigovernment protests in 2016, state-owned ICT provider EthioTelecom announced plans to require mobile phones to be purchased from Ethiopian companies and to create a tracking system for all mobile devices in Ethiopia. Though no updates on the plans were reported in 2017, observers believe the plan aims to allow the government to track and identify all communications from subscribers on its network.91
Intimidation and Violence
During escalating antigovernment protests throughout 2016, the authorities routinely harassed, detained, and abused people who used their mobile phones to record footage of demonstrations. Under emergency rule, the authorities reportedly arrested thousands of people, some for their online activities. Imprisoned bloggers reported being held in degrading conditions and tortured by prison guards seeking to extract false confessions.92 In one case, blogger Seyoum Teshome, who was arrested after the publication of his critical New York Times op-ed, reported suffering severe torture while in detention from October to December 2016.93
Government security agents frequently harass and intimidate bloggers, online journalists, and internet users. Independent bloggers are often summoned by the authorities to be warned against discussing certain topics online, while activists report that they are regularly threatened by state security agents.94 Ethiopian journalists in the diaspora have also been targeted for harassment.95
Technical Attacks
There were no reports of technical attacks against human rights defenders or dissidents during the coverage period, though incidents are likely underreported. Opposition critics have faced frequent technical attacks in the past, even abroad. Observers believe similar campaigns against activists persist undetected. Independent research has shown that Ethiopian authorities use sophisticated surveillance spyware to target exiled dissidents.96
2 International Telecommunication Union, “Percentage of Individuals Using the Internet, 2000-2016,” http://bit.ly/1cblxxY
3 International Telecommunication Union, “Mobile-Cellular Telephone Subscriptions, 2000-2016,” http://bit.ly/1cblxxY
4 Endalk Chala, “When blogging is held hostage of Ethiopia’s telecom policy,” in “GV Advocacy Awards Essays on Internet Censorship from Iran, Venezuela, Ethiopia,” Global Voices (blog), February 3, 2015,http://bit.ly/1OpDvzz
5Ethiopia – Telecoms, Mobile, Broadband and Forecasts, Paul Budde Communication Pty Ltd.: June 2014, http://bit.ly/1ji15Rn
16 “Ethio Telecom to remain monopoly for now,” TeleGeography, June 28, 2013, http://bit.ly/1huyjf7
17 Al Shiferaw, “Connecting Telecentres: An Ethiopian Perspective,” Telecentre Magazine, September 2008, http://bit.ly/1ji348h.
18 Paul Chapman, “New report explores the Ethiopian – telecoms, mobile and broadband – market insights, statistics and forecasts,” WhatTech, May 1, 2015, http://bit.ly/1L46Awu.
21 Matthew Dalton, “Telecom Deal by China’s ZTE, Huawei in Ethiopia Faces Criticism,” The Wall Street Journal, January 6, 2014, http://on.wsj.com/1LtSCkD.
22 Based on allegations that the Chinese authorities have provided the Ethiopian government with technology that can be used for political repression—such as surveillance cameras and satellite jamming equipment—in the past. See: Addis Neger, “Ethiopia: China Involved in ESAT Jamming,” ECADAF Ethiopian news & Opinion, June 23, 2010, http://bit.ly/1LtSYI9; Gary Sands, “Ethiopia’s Broadband Network – A Chinese Trojan Horse?” Foreign Policy Blogs, Foreign Policy Association, September 6, 2013, http://bit.ly/1FWG8X1.
23 ENA, “Ericsson to take part in telecom expansion in Ethiopia,” Dire Tube, December 18, 2014, http://bit.ly/1PkZfvA.
27 “Proclamation No. 281/2002, Telecommunications (Amendment Proclamation,” Federal Negarit Gazeta No. 28, July 2, 2002, http://bit.ly/1snLgsc.
28 Ethiopian Telecommunication Agency, “License Directive for Resale and Telecenter in Telecommunication Services No. 1/2002,” November 8, 2002, accessed October 20, 2014, http://bit.ly/1pUtpWh.
29 Dr. Lishan Adam, “Understanding what is happening in ICT in Ethiopia,” (policy paper, Research ICT Africa, 2012) http://bit.ly/1LDPyJ5.
30 Halefom Abraha, “THE STATE OF CYBERCRIME GOVERNANCE IN ETHIOPIA,” (paper) http://bit.ly/1huzP0S.
31 Rebecca Wanjiku, “Study: Ethiopia only sub-Saharan Africa nation to filter net,” IDG News Service, October 8, 2009, http://bit.ly/1Lbi3s9.
32 Test conducted by an anonymous researcher contracted by Freedom House, March 2016. During the test, some websites opened at the first attempt but were inaccessible when refreshed.
39 A 2014 report from Human Rights Watch also noted that the term “aljazeera” was unsearchable on Google while the news site was blocked from August 2012 to mid-March 2013. According to HRW research, the keywords “OLF” and “ONLF” (acronyms of Ethiopian opposition groups) are not searchable on the unencrypted version of Google (http://) and other popular search engines. Human Rights Watch, “They Know Everything We Do,” March 25, 2014, 56, 58, http://bit.ly/1Nviu6r.
40 “Tor and Orbot not working in Ethiopia,” Tor Stack Exchange, message board, April 12, 2016,
43 Markos Lemma, “Disconnected Ethiopian Netizens,” Digital Development Debates(blog),November 2012, http://bit.ly/1Ml9Nu3.
44 Exemptions are made for foreign nationals of Ethiopian origin. See, Abrham Yohannes, “Advertisement Proclamation No. 759/2012,” Ethiopian Legal Brief (blog), September 27, 2012, http://bit.ly/1LDQf5c.
45 “Proclamation No. 686/2010 Commercial Registration and Business Licensing,” Federal Negarit Gazeta, July 24, 2010, http://bit.ly/1P3PoLy; World Bank Group, Doing Business 2015: Going Beyond Efficiency, Economy Profile 2015, Ethiopia, 2014, http://bit.ly/1L49tO6.
46 Chala, “When blogging is held hostage of Ethiopia’s telecom policy.”
47 “Ethiopia Trains Bloggers to attack its opposition,” ECADF Ethiopian News & Opinions, June 7, 2014, http://bit.ly/1QemZjl.
48 The term “Koka” is a blend of two words: Kotatam and cadre. Kotatam is a contemptuous Amharic word used to imply that someone is a sellout who does not have a respect for himself or herself.
58 Article 19, “Ethiopia: Proclamation on Telecom Fraud Offences,”legal analysis, August 6, 2012, http://bit.ly/1Lbonjm.
59 “Anti-Terrorism Proclamation No. 652/2009,” Federal Negarit Gazeta No. 57, August 28, 2009.
60 The government first instituted the ban on VoIP in 2002 after it gained popularity as a less expensive means of communication and began draining revenue from the traditional telephone business belonging to the state-owned EthioTelecom. In response to widespread criticisms, the government claimed that VoIP applications such as Skype would not be considered under the new law, though the proclamation’s language still enables the authorities to interpret it broadly at whim.
74 “Six members of Zone Nine, group of bloggers and activists are arrested,” [in Amharic] Zone9 (blog), April 25, 2014, http://bit.ly/1VJn6ow; “Federal High Court Lideta Criminal Bench court, Addis Ababa,”http://1drv.ms/1OqAjlC.
75 Endalk Chala, “What You Need to Know About Ethiopia v. Zone9 Bloggers: Verdict Expected July 20,” Global Voices (blog), July 17, 2015, http://bit.ly/1jTDO9b.
76 Ellery Roberts Biddle, Endalk Chala, Guardian Africa network, “One year on, jailed Ethiopian bloggers are still awaiting trial,” The Guardian, April 24, 2015, http://gu.com/p/47ktv/stw; “Nine Journalists and Bloggers Still Held Arbitrarily,” Reporters Without Borders, “Nine Journalists and Bloggers Still Held Arbitrarily,” August 21, 2014, http://bit.ly/1P3TW4I.
80 Such trumped-up charges were based on an online column Nega had published criticizing the government’s use of the Anti-Terrorism Proclamation to silence political dissent and calling for greater political freedom in Ethiopia. Nega is also the 2011 recipient of the PEN/Barbara Goldsmith Freedom to Write Award.“That Bravest and Most Admirable of Writers: PEN Salutes Eskinder Nega,” PEN American Center (blog), April 13, 2012, http://bit.ly/1Lm89Y7; See also, Markos Lemma, “Ethiopia: Online Reactions to Prison Sentence for Dissident Blogger,” Global Voices, July 15, 2012, http://bit.ly/1OpKaKf; EndalkChala, “Ethiopia: Freedom of Expression in Jeopardy,” Global Voices Advocacy, February 3, 2012, http://bit.ly/1jfIEO3.
85 Committee to Protect Journalists, “Ethiopian Blogger, Journalists Convicted of Terrorism,” January 19, 2012, http://cpj.org/x/47b9.
86 Bill Marczak et al., Hacking Team Reloaded? US-Based Ethiopian Journalists Again Targeted with Spyware, Citizen Lab, March 9, 2015, http://bit.ly/1Ryogmr.
88 Declan McCullagh, “Meet the ‘Corporate Enemies of the Internet’ for 2013,” CNET, March 11, 2013, accessed February 13, 2014, http://cnet.co/1fo6jJZ.
89 Marczak et al., Hacking Team Reloaded? US-Based Ethiopian Journalists Again Targeted with Spyware.
90 Fahmida Y. Rashid, “FinFisher ‘Lawful Interception’ Spyware Found in Ten Countries, Including the U.S.,” Security Week, August 8, 2012, http://bit.ly/1WRPuap.
91 Endalk Chala, “Ethiopia Locks Down Digital Communications in Wake of #OromoProtests.”
92 Tedla D. Tekle, “’I was forced to drink my own urine,’: ‘Freedom’ for netizen after 647 days locked up, but not for all.”
Internet and mobile phone networks were repeatedly disrupted around the country, particularly in the Oromia region during antigovernment protests that began in November 2015(see Restrictions on Connectivity).
Social media and communications platforms were temporarily blocked several times to restrict information about antigovernment protests and police brutality(see Blocking and Filtering).
News websites were newly blocked for reporting on the Oromo protests and a severe drought, adding to a growing blacklist (see Blocking and Filtering).
In May 2016, blogger Zelalem Workagenehu was sentenced to over five years in prison for leading a digital security course (see Prosecutions and Arrests for Online Activities).
Prosecutors challenged the release of members of the Zone 9 blogging collective, after they were acquitted of terrorism charges in 2015 (see Prosecutions and Arrests for Online Activities).
Introduction:
Internet freedom declined in the past year as the government cracked down on antigovernment protests and the digital tools citizens used to organize them.
Starting in the Oromo region in November 2015 as a protest against the authoritarian government’s plan to infringe on land belonging to the marginalized Oromia people, the movement spread across the country in the subsequent months, turning into unprecedented demonstrations seeking regime change and democratic reform.
In a heavy-handed response, the authorities frequently shutdown local and national internet and mobile phone networks to prevent citizens from communicating about the protests. Social media platforms and communications apps such as Facebook, Twitter, Skype, and IMO were also temporarily blocked at different times. In October 2016, the government imposed a six-month state of emergency on October 17, resulting in another internet shutdown lasting several days. Under the state of emergency, accessing or posting content related to the protests on social media and efforts to communicate with “outside forces” are criminal offenses.
News websites and blogs reporting on the protests were permanently blocked in 2015 and 2016. Separately, critical news about the current drought—the worst the country has experienced in 50 years—was systematically censored. Meanwhile, the authorities arrested and prosecuted several bloggers, sentencing blogger Zelalem Workagenehu to five years in prison in May 2016. He was convicted of conspiring to overthrow the government for facilitating a course on digital security. The government’s persecution of the Zone 9 bloggers continued. Though four of the bloggers were acquitted in October 2015, the prosecutor appealed their release to the Supreme Court, and they were repeatedly summoned throughout the year.
The legal environment for internet freedom became more restrictive under the Computer Crime Proclamation enacted in June 2016, which criminalizes defamation and incitement. The proclamation also strengthens the government’s surveillance capabilities by enabling real-time monitoring or interception of communications.
Internet and mobile phone networks were deliberately disrupted in many parts of the country throughout the year, particularly in the Oromia region during largescale antigovernment protests that erupted in November 2015. Meanwhile, poor infrastructure, obstructionist telecom policies, and a government monopoly on the ICT sector make ICT services prohibitively expensive for the majority of the population.
Availability and Ease of Access
Ethiopia is one of the least connected countries in the world with an internet penetration rate of only 12 percent, according to 2015 data from the International Telecommunications Union (ITU).1 Mobile phone penetration is also poor at 43 percent, up from just 32 percent in 2014.2 Low penetration rates stem from underdeveloped telecommunications infrastructure, which is almost entirely absent from rural areas, where about 85 percent of the population resides. A handful of signal stations service the entire country, resulting in network congestion and frequent disconnection.3 In a typical small town, individuals often hike to the top of the nearest hill to find a mobile phone signal.
Access to ICT services remains prohibitively expensive for most Ethiopians, largely due to the government’s monopoly over the telecom sector, which provides consumers with few options. Prices are set by state-controlled EthioTelecom and kept artificially high.4 Price cuts announced in February 2016 mitigated some of the financial strain,5 bringing mobile internet prices to ETB 5 (US$ 0.25) per day for 25 MB of data or ETB 3,000 (US$ 140) per month for 30 GB. Nonetheless, the lower cost 25 MB package is extremely limited considering a standard Google search uses up to 79 KB alone. Regularly loading websites containing 1 GB of multimedia content could cost US$ 9 a day. William Davison, Bloomberg’s Ethiopia correspondent, described the issue on Facebook in March 2016: “It cost me 44 birr ($2.05) to watch Al Jazeera’s latest 3-minute dispatch on Oromo protests using 4G network on my phone, which is not that much less than the average daily wage of a daily laborer in Ethiopia.”6Ethiopians can spend an average of US$85 per month for limited mobile or fixed wireless internet access. Better quality services in neighboring Kenya and Uganda cost less than US$30 a month.
Telecommunication devices, connection fees and other related costs are also beyond the means of many Ethiopians. As a result, Ethiopia has among the lowest smartphone ownership rates in the world at only 4 percent according to a recent Pew survey.7 In April 2016, EthioTelecom proposed a new pricing scheme to charge more for the use of popular Voice-over-IP (VoIP) platforms such as Viber and Facebook Messenger on mobile devices.8 This would make smartphone usage even more expensive.
Consequently, the majority of internet users still rely on cybercafés for internet access. A typical internet user in Addis Ababa pays between ETB 5 and 7 (US$ 0.25 to 0.35) for an hour of access.Because of the scarcity of internet cafes outside urban areas, however, rates in rural cybercafés are higher. In addition, digital literacy rates are generally low.
For the few Ethiopians who can access the internet, connection speeds have been painstakingly slow for years, despite the rapid technological advances improving service quality in other countries. In a test conducted in the capital Addis Ababa,9 the average connection speed during one week in March 2016 was 1.2 Mbps—five times slower than the average 5.5 Mbps connection speed in Kenya. According to Akamai, the average connection speed in Ethiopia was 3 Mbps in the first quarter of 2016, significantly lower than the global average of 6.3 Mbps (Kenya’s average speed was documented at 7.3 Mbps in the same period).10
In practice, such speeds result in extremely sluggish download times, even of simple images. Logging into an email account and opening a single message can take as long as five minutes at a standard cybercafé with broadband in the capital city, while attaching documents or images to an email can take eight minutes or more.11 On mobile connections, Akamai found Ethiopia had the world’s slowest average load time, at 8.5 seconds.12
Compounding Ethiopia’s onerous access issues, severe drought in 2015 and 2016 has had a negative impact on the country’s hydroelectric electricity production,13 resulting in frequent and extended power outages that limit users’ ability to access the internet even further.14
Restrictions on Connectivity
The Ethiopian government’s monopolistic control over the country’s telecommunications infrastructure via EthioTelecom enables it to restrict information flows and access to internet and mobile phone services. In 2015–16, the flow of online traffic into, within, and out of Ethiopia registered a significant decline, likely as a result of network throttling, repeated internet shutdowns, and increased blocking.
As a landlocked country, Ethiopia has no direct access to submarine cable landing stations; thus, it connects to the international internet via satellite, a fiber-optic cable that passes through Sudan and connects to its international gateway, and the SEACOM cable that connects through Djibouti to an international undersea cable. All connections to the international internet are completely centralized via EthioTelecom, enabling the government to cut off the internet at will.
Internet and mobile phone networks were disrupted in many parts of the country throughout the year. Oromia, the largest of the federal republic’s nine regional states, has experienced frequent telecom network since November 2015 saw the start of largescale demonstrations against the government’s plan to appropriate Oromia territory.15 The protest movement escalated and remained ongoing in late 2016, leading the government to declare a six-month state of emergency and shut down mobile internet services nationwide for several days in October.16
In an incident unrelated to the protests, internet services on computers and mobile devices were shut down for 24 hours in July 2016, ostensibly to prevent students from cheating during national university exams.17
The ICT shutdowns have been costly. Network disruptions between July 1, 2015 and June 30, 2016 cost Ethiopia’s economy over US$ 8.5 million, according to the Brookings Institution.18
ICT Market
The space for independent initiatives in the ICT sector, entrepreneurial or otherwise, is extremely limited,19 with state-owned EthioTelecom holding a firm monopoly over internet and mobile phone services as the country’s sole telecommunications service provider. Despite repeated international pressure to liberalize telecommunications in Ethiopia, the government refuses to ease its grip on the sector.20
China is a key investor in Ethiopia’s telecommunications industry,21 with Zhongxing Telecommunication Corporation (ZTE) and Huawei currently serving as contractors to upgrade broadband networks to 4G in Addis Ababa and expand 3G networks elsewhere.22 The partnership has enabled Ethiopia’s authoritarian leaders to maintain their hold over the telecom sector,23though the networks built by the Chinese firms have been criticized for their high cost and poor service.24 Furthermore, the contracts have led to increasing fears that the Chinese may also be assisting the authorities in developing more robust ICT censorship and surveillance capacities (see Surveillance, Privacy, and Anonymity).25 In December 2014, the Swedish telecom group Ericsson also partnered with the government to improve and repair the mobile network infrastructure,26 though ZTE remains the sector’s largest investor.
Onerous government regulations also stymie other aspects of the Ethiopian ICT market. For one, imported ICT items are tariffed at the same high rate as luxury items, unlike other imported goods such as construction materials and heavy duty machinery, which are given duty-free import privileges to encourage investments in infrastructure.27 Ethiopians are required register their laptops and tablets at the airport with the Ethiopian customs authority before they travel out of the country, ostensibly to prevent individuals from illegally importing electronic devices, though observers believe the requirement enables officials to monitor citizens’ ICT activities by accessing the devices without consent.28
Local software companies also suffer from heavy-handed government regulations, which do not have fair, open, or transparent ways of evaluating and awarding bids for new software projects.29 Government companies are given priority for every kind of project, while smaller entrepreneurial software companies are completely overlooked, leaving few opportunities for local technology companies to thrive.
Cybercafés are subject to burdensome operating requirements under the 2002 Telecommunications (Amendment) Proclamation,30 which prohibit them from providing Voice-over-IP (VoIP) services, and mandate that owners obtain a license from EthioTelecom via an opaque process that can take months. In the past few years, EthioTelecom began enforcing its licensing requirements more strictly in response to the increasing spread of cybercafés, reportedly penalizing Muslim cafe owners more harshly. Violations of the requirements entail criminal liability, though no cases have been reported.31
Regulatory Bodies
Since the emergence of the internet in Ethiopia, the Ethiopian Telecommunications Agency (ETA) has been the primary regulatory body overseeing the telecommunications sector. In practice, government executives have complete control over ICT policy and sector regulation.32 The Information Network Security Agency (INSA), a government agency established in 2011 and controlled by individuals with strong ties to the ruling regime,33 also has significant power in regulating the internet under the mandate of protecting the communications infrastructure and preventing cybercrime.
News websites known for their reporting on the Oromo protests joined Ethiopia’s growing list of blocked content, while social media and communications platforms were blocked for periods of time throughout the coverage period for their role in disseminating information about the demonstrations and police brutality. The government manipulates online content, disseminating propaganda to convince Ethiopians that social media is a dangerous tool co-opted by opposition groups to spread hate and violence.
Blocking and Filtering
One of the first African countries to censor the internet,34 Ethiopia has a nationwide, politically motivated internet blocking and filtering regime that is reinforced during sensitive political events. More websites were newly blocked during the Oromia protests that began in November 2015. Targets included the websites of US-based diaspora satellite television stations such as Ethiopian Satellite Television (ESAT) and the Oromo Media Network (OMN), which provided wall-to-wall coverage of the antigovernment protests. Ayyantuu.net and Opride.com, prominent websites also known for their reporting on the protests, were also blocked.35
In an apparent attempt to restrict news about the protests from spreading, social media and file-sharing platforms such as Facebook, Twitter, WhatsApp, and Dropbox were repeatedly blocked for periods of time throughout the protests.36 The blocks on social media first impacted networks in the Oromia region but later spread to other regions,37 and eventually manifested in a shutdown of entire internet and mobile networks for days a time (see Restrictions on Connectivity).
Unrelated to the protests, the authorities blocked access to social media and communications platforms, including Facebook, Twitter, Instagram, Viber, IMO, and Google+, to prevent cheating during university examinations on July 9 and 10, 2016.38 The blocks followed a 24-hour internet blackout for the same reason (see Restrictions on Connectivity). A government spokesperson stated that blocking social media during the exam would help students concentrate. However, some progovernment media organizations and commentators seemed to have exclusive access to social media during the block,39 which reinforced the belief that the government imposes restrictions on citizens while keeping the web open for its own advantage. Viber and IMO, two popular voice-over-IP applications, remained blocked until July 20, according to local sources.40
Separately, coverage of a severe drought—the worst the country has experienced in 50 years—was systematically censored in the past year, with news websites and blogs blocked for reporting on the impact of the disaster that strayed from the government’s official narrative.41
In total, over one hundred websites are inaccessible in Ethiopia.42 A manual test conducted on the ground in mid-2016 confirmed that a large number of the websites tested by Freedom House each year since 2012 remained blocked. Blocked sites include Ethiopian news websites, political party websites, and the websites of international digital rights organizations, such as the Electronic Frontier Foundation and Tactical Technology Collective. Select tools such as text messaging appsand services on Google’s Android operating system on smartphones were also inaccessible, but at irregular intervals and for unclear reasons.43
Notably, several websites that hadn’t been updated for years and appeared abandoned became accessible again in 2016, likely because the authorities deemed them no longer threatening. The social media curation tool Storify—first blocked in July 201244—was also newly accessible during the coverage period,45 in addition to the URL shortening tool Bit.ly.46
To filter the internet, specific internet protocol (IP) addresses or domain names are generally blocked at the level of the EthioTelecom-controlled international gateway. Deep-packet inspection (DPI) is also employed, which blocks websites based on a keyword in the content of a website or communication (such as email).47
Digital security tools are also pervasively blocked in Ethiopia, including Tor, the circumvention tool that enables users to browse anonymously, which been blocked since May 2012.48 As social media platforms were blocked in the past year, diaspora-based activists publicized virtual private networks (VPNs) to circumvent the censorship, but certain VPNs were also subsequently blocked.49 Local sources suspected progovernment commenters were flagging the same tools to be blocked by the authorities. The Amharic translation of the Electronic Frontier Foundations’ “Surveillance Self-Defense” web guide was blocked two weeks after it was published in October 2015.50 One source reported that key terms such as “proxy” yield no search results on unencrypted search engines,51 reflecting the government’s efforts to limit users’ access to circumvention tools and strategies.
Some restrictions are also placed on content transmitted via mobile phones. Text messages to more than ten recipients require prior approval from EthioTelecom.52 A bulk text message sent without prior approval is automatically blocked, irrespective of the content.
There are no procedures for determining which websites are blocked or why, precluding any avenues for appeal. There are no published lists of blocked websites or publicly available criteria for how such decisions are made, and users are met with an error message when trying to access blocked content. The decision-making process does not appear to be controlled by a single entity, as various government bodies—including the Information Network Security Agency (INSA), EthioTelecom, and the ICT ministry—seem to be implementing their own lists, contributing to a phenomenon of inconsistent blocking. This lack of transparency is exacerbated by the government’s continued denial of its censorship efforts. Government officials flatly deny the blocking of websites or jamming of international satellite operations while also stating that the government has a legal and a moral responsibility to protect the Ethiopian public from extremist content.
Content Removal
Politically objectionable content is often targeted for removal, often by way of threats from security officials who personally seek out users and bloggers to instruct them to take down certain content, particularly critical content on Facebook. The growing practice suggests that at least some voices within Ethiopia’s small online community are being closely monitored. For instance, during the various legal proceedings involving the Zone 9 bloggers in 2015, friends and reporters who posted pictures and accounts of the trials on social media were briefly detained and asked to remove the posts.53 During protests in Oromia, activists who wrote messages of solidarity for the protestors on Facebook were also asked to delete their posts.54
Media, Diversity, and Content Manipulation
Lack of adequate funding is a significant challenge for independent online media in Ethiopia, as fear of government pressure dissuades local businesses from advertising with politically critical websites. A 2012 Advertising Proclamation also prohibits advertisements from firms “whose capital is shared by foreign nationals.”55 The process for launching a website on the local .et domain is expensive and demanding,56 requiring a business license from the Ministry of Trade and Industry and a permit from an authorized body.57 While the domestic Ethiopian blogosphere has been expanding, most blogs are hosted on international platforms or published by members of the diaspora community.
Despite Ethiopia’s extremely low levels of internet access, the government employs an army of trolls to distort Ethiopia’s online information landscape.58 Opposition groups, journalists, and dissidents use the contemptuous Amharic colloquial term, “Kokas,” to describe the progovernment commentators.59 Observers say the Kokas regularly discuss Ethiopia’s economic growth in favorable terms and post uncomplimentary comments about Ethiopian journalists and opposition groups on Facebook and Twitter. In return, they are known to receive benefits such as money, land, and employment promotions.
The government also manipulates online content through propaganda that aims to convince Ethiopians that social media is a dangerous tool co-opted by opposition groups to spread hate and violence.60 That characterization has been debunked by research. The University of Oxford and Addis Ababa University analyzed thousands of comments made by Ethiopians on Facebook during general election in 2015, finding that hate speech was a marginal proportion of the total comments assessed.61
Meanwhile, increasing repression against journalists and bloggers has had a major chilling effect on expression online, particularly in response to the spate of blogger arrests that have increased in the past few years (see Prosecutions and Detentions for Online Activities). Many bloggers publish anonymously to avoid reprisals.62 Fear of pervasive surveillance has also led to widespread self-censorship. Local newspapers and web outlets primarily publish reporting by regime critics and opposition organizations in the diaspora. Few independent local journalists will write for either domestic or overseas online outlets due to the threat of repercussions.
Digital Activism
Despite oppressive conditions caused by poor access and the hostile legal environment, online activism has gained considerable momentum and influence in the past year, particularly as traditional media coverage of current events has become increasingly narrow and dominated by pro-government voices. Notably, social media and communications platforms helped tech-savvy Ethiopians launch the widespread antigovernment protests in the Oromia region in November 2015. Online tools have been essential to the #OromoProtests movement, enabling activists to post information about the demonstrations and disseminate news about police brutality as the government cracked down on protesters.63 The use of such tools to fuel the protest movement led the government to block access to several platforms throughout the year, and shut down internet and mobile networks altogether (see Blocking and Filtering and Restrictions on Connectivity).
The new Computer Crime Proclamation enacted in June 2016 criminalizes defamation and incitement; observers say it could be invoked to suppress digital mobilization. The proclamation also strengthens the government’s surveillance capabilities by enabling real-time monitoring or interception of communications. Several bloggers were arrested and prosecuted, with one blogger sentenced to five years in prison, while prosecutors challenged the acquittal of the Zone 9 bloggers.
Legal Environment
Fundamental freedoms are guaranteed for Ethiopian internet users on paper, but the guarantees are routinely flouted in practice. The 1995 Ethiopian constitution provides for freedom of expression, freedom of the press, and access to information, while also prohibiting censorship.64 These constitutional guarantees are affirmed in the 2008 Mass Media and Freedom of Information Proclamation, known as the press law, which governs the print media.65 Nevertheless, the press law also includes problematic provisions that contradict constitutional protections and restrict free expression, such as complex registration processes for media outlets and high fines for defamation.66 The Criminal Code also penalizes defamation with a fine or up to one year in prison.67
Meanwhile, several laws are designed to restrict and penalize legitimate online activities and speech.
Most alarmingly, the 2012 Telecom Fraud Offences Law extends the violations and penalties defined in the 2009 Anti-Terrorism Proclamation and criminal code to electronic communications, which explicitly include both mobile phone and internet services.68 The antiterrorism legislation prescribes prison sentences of up to 20 years for the publication of statements that can be understood as a direct or indirect encouragement of terrorism, which is vaguely defined.69 The law also bans Voice over Internet Protocol (VoIP) services such as Skype70 and requires all individuals to register their telecommunications equipment—including smartphones—with the government, which security officials typically enforce at security checkpoints by confiscating ICT equipment if the owner cannot produce a registration permit, according to sources in the country.
In June 2016, the Ethiopian government passed a new Computer Crime Proclamation that criminalized an array of online activities.71 Civil society expressed concern that the law would be used to further crackdown on critical commentary, political opposition, and social unrest.72 For example, content that “incites fear, violence, chaos or conflict among people” can be punished with up to three years in prison, which could be abused to suppress digital campaigns.73 Other problematic provisions ban the dissemination of defamatory content, which can be penalized with up to 10 years in prison,74 and the distribution of unsolicited messages to multiple emails (spam), which carries up to five years in prison.75
To quell escalating antigovernment protests that began in the Oromia region in November 2015, the government imposed a six-month state of emergency on October 17, 2016 that included restrictions on certain online activities.76 In addition to shutting down the internet for several days, the authorities criminalized the access and posting of content related to the protests on social media, as well as efforts to communicate with “terrorist” groups, a category that includes exiled dissidents. Penalties for violating the state of emergency include prison terms of three to five years.77
Prosecutions and Detention for Online Activities
In the past few years, the authorities have intensified their crackdown against bloggers and online journalists, using harsh laws to arrest and prosecute individuals for their online activities and silence dissent. The most high-profile prosecutions were against six bloggers from the critical Zone 9 blogging collective, who were arrested in April 2014,78 and charged with terrorism under the harsh Anti-Terrorism Proclamation in July.79 The bloggers were accused of intent to overthrow the government, an offense under the criminal code, by encrypting their communications to disseminate seditious writings.80
Despite widespread international condemnation, the detainees were denied bail and brought to court dozens of times for over a year,81 until two of them were unexpectedly released without charge in early July 2015, immediately before U.S. President Obama visited Ethiopia. The four remaining Zone 9 bloggers were acquitted in October 2015,82 though they were barred from leaving the country.83 The prosecutor contested their acquittal and appealed to the Supreme Court, and the four were summoned in December 2015 and in October 2016.84 They were scheduled to return to court in November 2016.85
Several other bloggers were arrested and prosecuted in the past year, including Getachew Shiferaw, editor-in-chief of the online newspaper Negere Ethiopia, in December 2015.86Negere Ethiopia is known for its affiliation with the opposition as well as its coverage of the Zone 9 trials. Shiferaw remained in pretrial detention in mid-2016.87
The prominent opposition member Yonatan Tesfaye was arrested in December 2015 and charged with terrorism based on Facebook posts that criticized the government’s handling of the Oromia protests.88 He remained in prison in mid-2016 and faces the death sentence if convicted.89 Tesfaye’s Twitter handle has been active during his detention, leading to suspicions that the officials have been using his account to bait potential dissidents.90
In April 2016, blogger Zelalem Workagenehu was found guilty of terrorism and sentenced to over five years in prison in May.91 He was first arrested in July 2014 on charges of conspiring to overthrow the government after he facilitated a course on digital security. In the same trial, bloggers Yonatan Wolde and Bahiru Degu were acquitted after spending nearly two years in detention on terrorism charges; they were also arrested in July 2014 for applying to participate in Workaegnehu’s digital security course.92 Workagenehu has appealed to the Supreme Court.93
The ongoing antigovernment protest movement has also led to numerous arrests, some for digital activities, including posting or “liking” social media content about the protests. In October 2016, police arrested Seyoum Teshome, a well-known academic and blogger for the Ethiothinktank.com website who had published an article about the Oromia protest movement inThe New York Times.94
Meanwhile, the well-known dissident journalist and blogger Eskinder Nega is serving an 18-year prison sentence handed down in July 2012 under the draconian anti-terrorism law for criticizing the law itself in an online article.95
Surveillance, Privacy, and Anonymity
Government surveillance of online and mobile phone communications is pervasive in Ethiopia and was strengthened under the new Computer Crime Proclamation enacted in June 2016, which enables real-time monitoring or interception of communications authorized by the Minister of Justice and obliges service providers to store records of all communications and metadata for at least a year.96
There are strong indications that the government has deployed a centralized monitoring system developed by the Chinese telecommunications firm ZTE to monitor mobile phone networks and the internet, according to a 2015 Human Rights Watch report.97 Known for its use by repressive regimes in Libya and Iran, the monitoring system enables deep packet inspection (DPI) of internet traffic across the EthioTelecom network and has the ability to intercept emails and web chats.
Another ZTE technology, known as ZSmart, is a customer management database installed at EthioTelecom that provides the government with full access to user information and the ability to intercept SMS text messages and record phone conversations.98 ZSmart also allows security officials to locate targeted individuals through real-time geolocation tracking of mobile phones.99 While the extent to which the government has made use of the full range of ZTE’s sophisticated surveillance systems is unclear, the authorities frequently present intercepted emails and phone calls as evidence during trials against journalists and bloggers or during interrogations as a scare tactic.100
Meanwhile, exiled dissidents have been targeted by surveillance malware. Citizen Lab research published in March 2015 said Remote Control System (RCS) spyware had been used against two employees of Ethiopian Satellite Television Service (ESAT) in November and December 2014. ESAT is a diaspora-run independent satellite television, radio, and online news media outlet, based in Alexandria, Virginia.101 Made by the Italian company Hacking Team, RCS spyware is advertised as “offensive technology” sold exclusively to law enforcement and intelligence agencies around the world, and has the ability to steal files and passwords and intercept Skype calls and chats.102
While Hacking Team has said that the company does not deal with “repressive regimes,”103 the social engineering tactics used to bait the two ESAT employees made it clear that the attack was targeted. Moreover, analysis of the RCS attacks uncovered credible links to the Ethiopian government, with the spyware’s servers registered at an EthioTelecom address under the name “INSA-PC,” referring to the Information Network Security Agency (INSA), the body established in 2011 to preside over the security of the country’s critical communications infrastructure.104 INSA was already known to be using the commercial toolkit FinFisher to target dissidents and supposed national security threats. FinFisher can secretly monitor computers by turning on webcams, record everything a user types with a key logger, and intercept Skype calls.105
Given the high degree of online repression in Ethiopia, political commentators use proxy servers and anonymizing tools to hide their identities when publishing online and to circumvent filtering, though the tools are also subject to blocking (see Blocking and Filtering).
Anonymity is further compromised by strict SIM card registration requirements. Upon purchase of a SIM card through EthioTelecom or an authorized reseller, individuals must provide their full name, address, government-issued identification number, and a passport-sized photograph. EthioTelecom’s database of SIM registrants enables the government to terminate individuals’ SIM cads and restrict them from registering for new ones. Internet subscribers are also required to register their personal details, including their home address, with the government. During the antigovernment protests in 2016, state-owned ICT provider EthioTelecom announced plans to require mobile phones to be purchased from Ethiopian companies and to create a tracking system for all mobile devices in Ethiopia. Observers believe the plan aims to allow the government to track and identify all communications from subscribers on its network.106
While the government’s stronghold over the Ethiopian ICT sector enables it to proactively monitor users, its access is less direct at cybercafés. For a period following the 2005 elections, cybercafé owners were required to keep a register of their clients, but the requirement has not been enforced since mid-2010.107 Nevertheless, some cybercafé operators have reported that they are required to report “unusual behavior” to security officials, who also visit cybercafés (sometimes in plainclothes) to ask questions about individuals or monitor activity themselves.108
Intimidation and Violence
Government security agents frequently harass and intimidate bloggers, online journalists, and ordinary users for their online activities. Independent bloggers are often summoned by the authorities to be warned against discussing certain topics online, while activists report that they are regularly threatened by state security agents.109 Ethiopian journalists in the diaspora have also been targeted for harassment.110
Amidst escalating antigovernment protests in 2015 and 2016, the authorities reportedly harassed, detained, and abused several people who used their mobile phones to record footage of demonstrations.
Meanwhile, imprisoned bloggers reported being held in degrading conditions and tortured by prison guards seeking to extract false confessions.111 Yonatan Wolde and Bahiru Degu were re-arrested shortly after their acquittal in April 2016 and released the next day, reporting that officials had threatened their lives.112
Technical Attacks
Opposition critics and independent voices face frequent technical attacks, even when based abroad. Independent research has found that Ethiopian authorities have used sophisticated surveillance malware and spyware, such as FinFisher’s FinSpy and Hacking Team’s Remote Control Servers (RCS), to target exiled dissidents.113
There were no reports of technical attacks against human rights defenders or dissidents during the coverage period, though hacktivists launched attacks on government websites, including the Ministry of Defense, as a form of digital protest alongside the largescale Oromo demonstrations.114 Meanwhile, the Information Network Security Agency (INSA) reported that they had foiled at least 155 cyberattacks in 2015. Critics said they used the data to justify cracking down on the internet.115
Notes:
1 International Telecommunication Union, “Percentage of Individuals Using the Internet, 2000-2015,” http://bit.ly/1cblxxY
2 International Telecommunication Union, “Mobile-Cellular Telephone Subscriptions, 2000-2015,” http://bit.ly/1cblxxY
3 Endalk Chala, “When blogging is held hostage of Ethiopia’s telecom policy,” in “GV Advocacy Awards Essays on Internet Censorship from Iran, Venezuela, Ethiopia,” Global Voices (blog), February 3, 2015, http://bit.ly/1OpDvzz
4Ethiopia – Telecoms, Mobile, Broadband and Forecasts, Paul Budde Communication Pty Ltd.: June 2014, http://bit.ly/1ji15Rn
9 Test conducted by Freedom House researcher in March 2016. While the speed test should not be interpreted as a standard speed for the entire EthioTelecom network speeds, the data we gathered from a repeated speed tests over a span of a week from March 16 to March 21, 2016 suggest that Ethiopia’s average speed lags behind the average speed of the region. Nearly same figures were reported by speed-test services such as http://testmy.net and http://www.dospeedtest.com.
10 Akamai, “Average Connection Speed,” map visualization, The State of the Internet, Q1 2016, accessed August 1, 2016, http://akamai.me/1LiS6KD
11 According to tests by Freedom House consultant in 2016.
19 Al Shiferaw, “Connecting Telecentres: An Ethiopian Perspective,” Telecentre Magazine, September 2008, http://bit.ly/1ji348h.
20 “Ethio Telecom to remain monopoly for now,” TeleGeography, June 28, 2013, http://bit.ly/1huyjf7
21 Paul Chapman, “New report explores the Ethiopian – telecoms, mobile and broadband – market insights, statistics and forecasts,” WhatTech, May 1, 2015, http://bit.ly/1L46Awu.
24 Matthew Dalton, “Telecom Deal by China’s ZTE, Huawei in Ethiopia Faces Criticism,” The Wall Street Journal, January 6, 2014, http://on.wsj.com/1LtSCkD.
25 Based on allegations that the Chinese authorities have provided the Ethiopian government with technology that can be used for political repression—such as surveillance cameras and satellite jamming equipment—in the past. See: Addis Neger, “Ethiopia: China Involved in ESAT Jamming,” ECADAF Ethiopian news & Opinion, June 23, 2010, http://bit.ly/1LtSYI9; Gary Sands, “Ethiopia’s Broadband Network – A Chinese Trojan Horse?” Foreign Policy Blogs, Foreign Policy Association, September 6, 2013, http://bit.ly/1FWG8X1.
26 ENA, “Ericsson to take part in telecom expansion in Ethiopia,” Dire Tube, December 18, 2014, http://bit.ly/1PkZfvA.
30 “Proclamation No. 281/2002, Telecommunications (Amendment Proclamation,” Federal Negarit Gazeta No. 28, July 2, 2002, http://bit.ly/1snLgsc.
31 Ethiopian Telecommunication Agency, “License Directive for Resale and Telecenter in Telecommunication Services No. 1/2002,” November 8, 2002, accessed October 20, 2014, http://bit.ly/1pUtpWh.
32 Dr. Lishan Adam, “Understanding what is happening in ICT in Ethiopia,” (policy paper, Research ICT Africa, 2012) http://bit.ly/1LDPyJ5.
33 Halefom Abraha, “THE STATE OF CYBERCRIME GOVERNANCE IN ETHIOPIA,” (paper) http://bit.ly/1huzP0S.
34 Rebecca Wanjiku, “Study: Ethiopia only sub-Saharan Africa nation to filter net,” IDG News Service, October 8, 2009, http://bit.ly/1Lbi3s9.
42 Test conducted by an anonymous researcher contracted by Freedom House, March 2015. During the test, some websites opened at the first attempt but were inaccessible when refreshed.
51 A 2014 report from Human Rights Watch also noted that the term “aljazeera” was unsearchable on Google while the news site was blocked from August 2012 to mid-March 2013. According to HRW research, the keywords “OLF” and “ONLF” (acronyms of Ethiopian opposition groups) are not searchable on the unencrypted version of Google (http://) and other popular search engines. Human Rights Watch, “They Know Everything We Do,” March 25, 2014, 56, 58,http://bit.ly/1Nviu6r.
52 Interview with individuals working in the telecom sector, as well as a test conducted by a Freedom House consultant who found it was not possible for an ordinary user to send out a bulk text message.
55 Exemptions are made for foreign nationals of Ethiopian origin. See, Abrham Yohannes, “Advertisement Proclamation No. 759/2012,” Ethiopian Legal Brief (blog), September 27, 2012, http://bit.ly/1LDQf5c.
56 “Proclamation No. 686/2010 Commercial Registration and Business Licensing,” Federal Negarit Gazeta, July 24, 2010, http://bit.ly/1P3PoLy; World Bank Group, Doing Business 2015: Going Beyond Efficiency, Economy Profile 2015, Ethiopia, 2014, http://bit.ly/1L49tO6.
57 Chala, “When blogging is held hostage of Ethiopia’s telecom policy.”
58 “Ethiopia Trains Bloggers to attack its opposition,” ECADF Ethiopian News & Opinions, June 7, 2014, http://bit.ly/1QemZjl.
59 The term “Koka” is a blend of two words: Kotatam and cadre. Kotatam is a contemptuous Amharic word used to imply that someone is a sellout who does not have a respect for himself or herself.
68 Article 19, “Ethiopia: Proclamation on Telecom Fraud Offences,”legal analysis, August 6, 2012, http://bit.ly/1Lbonjm.
69 “Anti-Terrorism Proclamation No. 652/2009,” Federal Negarit Gazeta No. 57, August 28, 2009.
70 The government first instituted the ban on VoIP in 2002after it gained popularity as a less expensive means of communication and began draining revenue from the traditional telephone business belonging to the state-owned EthioTelecom. In response to widespread criticisms, the government claimed that VoIP applications such as Skype would not be considered under the new law, though the proclamation’s language still enables the authorities to interpret it broadly at whim.
80 Endalk Chala, “What You Need to Know About Ethiopia v. Zone9 Bloggers: Verdict Expected July 20,” Global Voices (blog), July 17, 2015, http://bit.ly/1jTDO9b.
81 Ellery Roberts Biddle, Endalk Chala, Guardian Africa network, “One year on, jailed Ethiopian bloggers are still awaiting trial,” The Guardian, April 24, 2015, http://gu.com/p/47ktv/stw; “Nine Journalists and Bloggers Still Held Arbitrarily,” Reporters Without Borders, “Nine Journalists and Bloggers Still Held Arbitrarily,” August 21, 2014, http://bit.ly/1P3TW4I.
95 Such trumped-up charges were based on an online column Nega had published criticizing the government’s use of the Anti-Terrorism Proclamation to silence political dissent and calling for greater political freedom in Ethiopia. Nega is also the 2011 recipient of the PEN/Barbara Goldsmith Freedom to Write Award.“That Bravest and Most Admirable of Writers: PEN Salutes Eskinder Nega,” PEN American Center (blog), April 13, 2012, http://bit.ly/1Lm89Y7; See also, Markos Lemma, “Ethiopia: Online Reactions to Prison Sentence for Dissident Blogger,” Global Voices, July 15, 2012, http://bit.ly/1OpKaKf; Endalk Chala, “Ethiopia: Freedom of Expression in Jeopardy,” Global Voices Advocacy, February 3, 2012, http://bit.ly/1jfIEO3.
100 Committee to Protect Journalists, “Ethiopian Blogger, Journalists Convicted of Terrorism,” January 19, 2012, http://cpj.org/x/47b9.
101 Bill Marczak et al., Hacking Team Reloaded? US-Based Ethiopian Journalists Again Targeted with Spyware, Citizen Lab, March 9, 2015, http://bit.ly/1Ryogmr.
103 Declan McCullagh, “Meet the ‘Corporate Enemies of the Internet’ for 2013,” CNET, March 11, 2013, accessed February 13, 2014, http://cnet.co/1fo6jJZ.
104 Marczak et al., Hacking Team Reloaded? US-Based Ethiopian Journalists Again Targeted with Spyware.
105 Fahmida Y. Rashid, “FinFisher ‘Lawful Interception’ Spyware Found in Ten Countries, Including the U.S.,” Security Week, August 8, 2012, http://bit.ly/1WRPuap.
106 Endalk Chala, “Ethiopia Locks Down Digital Communications in Wake of #OromoProtests.”
107 Groum Abate, “Internet Cafes Start Registering Users,” The Capital republished Nazret (blog), December 27, 2006, http://bit.ly/1Lm98aX.
108 Human Rights Watch, “They Know Everything We Do,” 67.
Google transparency report shows dramatic drop in internet traffic out of Ethiopia on two days when at least 100 people were killed by security forces during protest
16 news sites and access to WhatsApp blocked between June and October
“As far as the Ethiopian government is concerned, social media is a tool for extremists… The reality, though, is very different” – Michelle Kagari
The Ethiopian government systematically and illegally blocked access to social media and news websites in its efforts to crush dissent and prevent reporting of attacks on protesters by security forces during a wave of protests over the last year, a new report released today shows.
Research conducted by Amnesty International and the Open Observatory of Network Interference shows that between June and October this year during times of heightened tension and protests, access to WhatsApp and at least 16 news outlets was blocked, especially in the Oromia region.
Since November last year, thousands of people from Oromia have taken to the streets to protest against possible land seizures under the government’s Addis Ababa Masterplan, which aims to expand the capital’s administrative control into the region. The government declared a six-month state of emergency in October this year in response to the protests.
The study was conducted to investigate whether and to what extent internet censorship was actually taking place after contacts of Amnesty and the Open Observatory of Network Interference in Ethiopia consistently reported unusually slow internet connections and inability to access social media websites.
Testimonies gathered by Amnesty from different parts of Oromia found that social media mobile applications such as Facebook, WhatsApp, and Twitter, have been largely inaccessible since early March this year, especially in the Oromia region where residents were waging protests against the government since last November.
The Ethiopian government is also reported to have blocked access to Facebook, Instagram, Twitter and Viber during the National University Exam week (9 – 14 July 2016) so as “to prevent students being distracted from studying during the exam period”.
Amnesty contacts also reported that internet access on mobile devices had been completely blocked in Amhara, Addis Ababa and Oromia in the lead up to protests in the three regions on 6 and 7 August.
This was confirmed in Google’s transparency reports for the period between July and November this year, which showed a dramatic drop in internet traffic out of Ethiopia on the two days when at least 100 people were killed by security forces during the protests.
Amnesty International’s Deputy East Africa, the Horn and Great Lakes Director Michelle Kagari said:
“It’s clear that as far as the Ethiopian government is concerned, social media is a tool for extremists peddling bigotry and hate and therefore they are fully justified in blocking internet access. The reality, though, is very different. The widespread censorship has closed another space for Ethiopian’s to air the grievances that fuelled the protests.
“The internet blocking had no basis in law, and was another disproportionate and excessive response to the protests. This raises serious concerns that overly broad censorship will become institutionalised under the state of emergency.
“Rather than closing off all spaces for people to express their concerns, the authorities need to actively engage with, and address the underlying human rights violations that have fuelled the protests over the last year. “We urge the government to refrain from blocking access to internet sites and instead commit its resources to addressing its citizens’ legitimate grievances.”
Deep Packet Inspection (DPI) technology used to filter websites
The report also found that the Ethiopian government uses Deep Packet Inspection (DPI) technology to filter access to websites. DPI is a technology that can be bought and deployed on any network. Though it has many legitimate functions, it can also enable monitoring and filtering of internet traffic.
The Open Observatory of Network Interference’s Maria Xynou said:
“Our findings provide incontrovertible evidence of systematic interference with access to numerous websites belonging to independent news organisations and political opposition groups, as well as sites supporting freedom of expression and lesbian, gay, bisexual, transgender and intersex rights.
“Tor Metrics data illustrate that more and more people were trying to access censorship circumvention tools, such as TOR, which indicated that the internet was inaccessible through the normal routes. This all paints a picture of a government intent on stifling expression and free exchange of information.”
Background
Ethiopia has been hit by a wave of protests since November 2015 when ethnic Oromos took to the streets to protest against possible land seizures under the government’s Addis Ababa Masterplan, which aimed to expand the capital’s administrative control into Oromia.
The protests later spread to Amhara, with demands for an end to arbitrary arrests, as well as respect for regional autonomy rights enshrined in the constitution.
Most of the protests were met with excessive force from the security forces. The worst incident involved the death of possibly hundreds of protesters in a stampede on 2 October at Bishoftu.
Protest groups say the stampede was caused by the security forces’ unnecessary and excessive use of force. The government has denied this, instead blaming the deaths on “anti-peace forces.”
The only way to access the internet in Ethiopia is through the government-owned provider, Ethio Telecom, which has unilateral control over the telecom industry. A burgeoning tech scene in neighboring Kenya, which has an internet penetration rate of 69.6 percent, has garnered the name “Silicon Savannah.” But in Ethiopia, the monopoly on internet access has created one of the most disconnected countries in the world.
Only 3.7 percent of Ethiopians have access to the internet, according to the latest data, one of the lowest penetration rates in the world. By comparison, South Sudan, which lacks most basic government services, has an internet penetration rate of 15.9 percent. There are only ten countries with lower internet penetration than Ethiopia. Most of them, such as Somalia and North Korea, are hampered by decades-long civil wars or largely sealed off from outside world.
Nafkot Nega thinks journalists are terrorists. When I visited him and his mother, Serkalem Fassil, at their tiny apartment in the outskirts of Washington, DC, in early January, 9-year-old Nafkot intermittently murmured and jabbed his hands, pretending to be a superhero fighting criminals.
Perhaps some of those criminals were journalists like his father, Eskinder Nega, who was convicted of violating Ethiopia’s anti-terror law in July 2012. Eskinder is currentlyserving an 18-year prison sentence.
“Journalism is a crime or a terrorist act in his mind because what has been portrayed about [his dad],” Serkalem explained to me through a translator. “Not only his dad, but if you mention any journalist he will scream and say ‘I don’t like journalists!’”
Their story is a weaving tale that mirrors how Ethiopia, home to over 90 million people, became a digital hermit nation. How Nafkot come to believe journalism is a crime equivalent to terrorism is a case study of how governments have used the internet as a tool for repression.
***The only way to access the internet in Ethiopia is through the government-owned provider, Ethio Telecom, which has unilateral control over the telecom industry. A burgeoning tech scene in neighboring Kenya, which has an internet penetration rateof 69.6 percent, has garnered the name “Silicon Savannah.” But in Ethiopia, themonopoly on internet access has created one of the most disconnected countries in the world.
Only 3.7 percent of Ethiopians have access to the internet, according to the latest data, one of the lowest penetration rates in the world. By comparison, South Sudan, which lacks most basic government services, has an internet penetration rate of 15.9 percent. There are only ten countries with lower internet penetration than Ethiopia. Most of them, such as Somalia and North Korea, are hampered by decades-long civil wars or largely sealed off from outside world.
As one of the fastest growing economies in Africa, with one of the most storied cultures in the world, Ethiopia’s lack of internet access is astounding. It’s also troubling.
It’s unclear exactly how many Ethiopians can access the internet. Those who can, however, must contend with the specter of state surveillance. The Ethiopian government is suspected of deploying spyware and other hacking and surveillance tools to surveil individuals, including at least one American citizen, hooked to the web. Because of these alleged cybersleuthing efforts, the Ethiopian government has turned an engine of commerce and information into an afterthought and an instrument of surveillance.
Nafkot. Illustration: Shaye Anderson
Former American diplomats, current members of Ethiopia’s intelligence agency, and foreign policy experts all told me that the Ethiopian government is afraid of dissident views spreading online, and has crafted its intelligence service, telecom sector, and legal codes to stamp out digital dissent.
Perhaps the foremost victim of the country’s internet crusade is young Nafkot, who believes his father is a terrorist because he’s a journalist. Nafkot’s parents were two of the most well-known journalists in Ethiopia; Eskinder and Serkalem were internationally award winning media moguls, who began their respective careers after the communist Derg regime fell in 1987, and a new government formed in 1991. After a disputed parliamentary election where ensuing protests turned violent in 2005, both Eskindir and Serkalem were arrested.
Unbeknownst to either of them, Serkalem was pregnant.
***The prohibitive factors that cause Ethiopia’s digital divide are straightforward. The monopoly on internet access has made it prohibitively expensive for many citizens to get online. Routine service outages make connections unreliable. And for those Ethiopians who do manage to access the internet, there is little content available in the local language of Amharic.
Whether these barriers to internet access are the intended result of a system designed to limit the spread of information, or the unintentional byproduct of a monopolistic cash cow is about as murky as the country’s dealings in cyber-espionage.
“Ethiopia wants to maintain as much control as possible over the internet so that it can prevent internal comments that are critical of government policies and minimize access to critical comments originating outside Ethiopia,” David Shinn, the former American ambassador to Ethiopia, told me.
A member of the Information Network Security Agency, one of Ethiopia’s intelligence agencies, also told me the monopoly purposefully limited internet access to preserve security in the country.
“Everything connected to the internet is slowing down”
“It’s because of security reasons, and I don’t think there is anything related to that other than this,” said the official, who works on technical capabilities and spoke on the condition on anonymity because he did not want to talk about his employer. “Everything connected to the internet is slowing down. Entrepreneurs can’t create their companies.”
Ethiopia is among a constellation of African nations made of patchworks of ethnic identity, and Bronwyn Bruton, the Deputy Director of the Africa Center at the Atlantic Council, told me that the government has led the fractured country by limiting freedom of expression.
“The Ethiopian state is very fragile,” Bruton said. “It’s built on a premise of segregation that is in theory separate but equal, however in practice dominated by one ethnic group, the Tigray. The Tigreans are only about six percent of the population but they absolutely dominate political and economic power.”
When I asked Teressa Belete, the Chief Enterprise Officer at Ethio Telecom, if the lack of internet access was a deliberate result of the government to limit free speech and dissent, he seemed genuinely confused and dismissed the idea. The advantage of a government monopoly, Belete said, is that rural Ethiopians, who make up a majority of the country’s population, wouldn’t be serviced by private companies with profit motives.
Yet Ethio Telecom, which was founded in 1952, made an estimated $300 million profit per year, as The Economistreported in 2012. And Ethio Telecom used the excess funds to bankroll railway development in the country.
“The country lags far behind in terms of liberalization of the [telecommunications] sector,” said Lishan Adam, a consultant who has worked with the World Bank on information and communications tech policy. “They missed most of the liberalization era in the 1990s, and there was a delay in terms of getting internet.”
Adam told me Ethiopia only became connected to the internet in 1997, and said that while the desire to limit free speech might be a factor in the lack of internet access, it wasn’t the main reason why most Ethiopians aren’t online.
Ethiopia’s internet penetration rate is reported to be 3.7 percent as of November 2015. Ethiopian officials take issue with that figure, reported by the World Bank. They argue it’s inaccurate because it doesn’t fully account for mobile subscribers. The World Bank’s numbers do include mobile subscribers, but it’s likely the reported number is still too low, and Adam estimated that the true internet penetration rate is between five and 15 percent of the population.
***Nafkot was born in prison in 2006. He was premature and couldn’t breathe at room temperature. Doctors wanted to move him immediately to a hospital with incubators, but the only hospital that could admit him required a signed form one of his parents. Serkalem was still under anesthesia, and the police wouldn’t bring the form to Eskindir. Nafkot could not get the treatment he needed.
“They didn’t really care about his life, but for the grace of God survived,” Serkalem said, her voice rising with anger.
Nafkot stayed at his grandparent’s home until Serkalem and Eskinder were released from prison. At which point, Serkalem and Eskinder could not continue working as print journalists; along with most of the independent newspapers in the country, theirs were shut down. Serkalem stopped writing altogether. Eskinder began blogging online, one of the first in the country to do so.
“He turned to blogging because all of the other avenues were closed,” Serkalem said. “Although he knew that not many had internet access in Ethiopia, it was better than being silent. He knew it wasn’t going to do much, but he needed to write.”
Serkalem. Illustration: Shaye Anderson
The internet penetration rate in Ethiopia was 0.2 percent in 2005, and it is believedby internet security experts that the government’s online censorship began in 2006, the year Eskinder started blogging. Opposition websites inside Ethiopia became inaccessible that year, and the government was assumed to be behind the censorship.
Before parliamentary elections in 2010, the Ethiopian government introduced a vague anti-terrorism law in an effort to avoid another contested election, Jeffrey Smith, an international human rights expert based in Washington, DC, told me. The law has become a cornerstone of the government’s censorship, labeling anyone who “influences government” a “terrorist.”
“Ethiopia is an example of a ruling regime that uses the term ‘terrorism’ as a politically expedient term,” Smith said. “The terrorism concerns inside the country are real but they have gone way beyond that, and have systematically abused human rights.”
With the Arab Spring protests in late 2010, there was hope the anti-government rallies that began in Tunisia would spread to Ethiopia. Eskinder’s blogging was provocative and confrontational during this time. In one 2011 article he prodded the Ethiopian military to choose the side of the people like the Egyptian military did at the time.
“Ordinary citizens took the initiative all over North Africa and the Middle East,” Eskinder wrote in another post, published September 2, 2011. “The results made history. They are powerful precedents for the rest of humanity. While inspiring words, sober analyses and robust debates are indispensable as ever, they will remain exactly no more than mere words unless translated into actions. To Ethiopia this means risking the core of a much cherished collective vision—peaceful transition to democracy.”
“No school for me”
On September 14, 2011, while Eskinder was picking up Nafkot from school, the Ethiopian intelligence service surrounded Eskinder’s car and arrested him. Serkalem raced to the scene. She found Nafkot crying, but no Eskinder. Serkalem took Nafkot to his grandmother’s house, then went straight to the Maekelawi prison, notorious for practices of torture. She waited for three hours for Eskinder to show up. But he never did.
That’s because Eskinder was actually at their house, watching the intelligence service rifle through the family’s belonging. Serkalem recalled that when she returned home the intelligence officers tried to stop her from entering, but she forced herself through to reach Eskinder. Panicked, she yelled out to him.
“Calm down, and be courageous!” Eskinder shouted back. Then he was taken away.
Afterward, Serkalem went to pick up 5-year-old Nafkot. The boy was clearly traumatized from witnessing his father arrested at school. The next day, Nafkot didn’t want to go back.
“No school for me,” he said.
***The Ethiopian intelligence apparatus is one of the most invasive in the world. Exiled Ethiopian journalists in Nairobi, Kenya, told me of being followed or snooped on by government agents who had no interest in hiding their identity. One Ethiopian businessman joked to me about how he wouldn’t be surprised if he heard a third-party cough while talking with someone over the phone.
Felix Horne, the Ethiopia researcher at Human Rights Watch and author of acomprehensive report on the Ethiopian surveillance agency, told me that the government has a nationwide program called “five to one.” It’s an all-seeing system in which five citizens are monitored by one individual. It is like a listening node in a system that spans the entire country with the goal to preserve command over its many ethnic groups.
“The Ethiopian government, like many other governments, appears to be using hacking tools to supplement their regular surveillance regime” said Bill Marczak, a research fellow at Citizen Lab. The Ethiopian government’s traditional surveillance methods are “effective for someone who is looking inside Ethiopia, but one of the features of Ethiopia is it has a very large diaspora community spread out over many different countries in the world.”
Washington, DC, has around a quarter million Ethiopian expatriates, and there is a large presence in Europe, Marczak added. And there is “no way other than hacking, phishing, and targeted attacks to monitor these people.”
Eskinder. Illustration: Shaye Anderson
When Neamin Zeleke received an email in December 2014 claiming to have inside information about a sensitive subject in Ethiopia, his home country, he recognized it as a likely hack. Zeleke was managing director of Ethiopian Satellite Television and Radio (ESAT), one of the largest Ethiopian news outlets, and run by members of the country’s diaspora. Its website and TV service are banned in the country. But Ethiopians can still access the channel and website through satellites and proxy servers.
Zeleke told me that ESAT satellite service has been jammed 20 times by the government. The latest jam, he said, happened just a few minutes before he and I met in early January. He forwarded the suspicious email to Marczak of Citizen Lab, who recognized that it carried a low-level bug likely from Hacking Team, a provider of surveillance software to governments across the world.
Using software from Hacking Team, an Italian company, and likely the Gamma Group, a European company, the Ethiopian intelligence service has targeted journalists and political opponents with invasive systems that allow the government to remotely activate a computer camera and microphone, record keystrokes, and monitor online activity. The frequency of these attacks and other surveillance capability is obscured by the inherent secrecy of spycraft, and that the targets of these hacks either don’t know, or don’t want to share that they’ve been infiltrated makes it difficult to assess the tools and motivations of their hacking, Marczak told me.
Zeleke is both a journalist and a political opponent. He is a member of Ginbot 7, an armed opposition group in Ethiopia that is labeled a terrorist organization by the government. Security experts told me that there is no evidence Ginbot 7 has ever undertaken terrorist activity, and the organization is not on the US State Department’s list of terror organizations.
Ginbot 7 is largely a collection of exiled Ethiopians who operate outside the borders of the country they wish to change. According to an ESAT report, Ginbot 7 has attacked government soldiers, which Zeleke confirmed to me.
Zeleke stepped down as managing director of ESAT in early 2016. He didn’t have the time for it anymore, and told me he was worried he could no longer be objective. He is now a consultant for the organization, though he still holds a corner office in the station’s tiny studio, which is lined with awards from prestigious human rights organizations.
One of the awards was for Eskinder Nega.
Zeleke told me ESAT took the award on behalf of Eskinder, who “was considered one of the pioneers of independent media in Ethiopia.”
In the ESAT news bullpen, and also next to Eskinder’s award in Zekele’s office, was a large portrait of Andargachew Tsige, the founder of Ginbot 7, in military fatigues. Tsige is believed to be under arrest in Ethiopia. Zeleke lept toward me when I tried to take a photo of the portrait next to Eskinder’s award.
“I don’t think that’s appropriate for this story,” Naimin said, moving Tsige’s photo out of the shot.
Later, I asked Zeleke if he thought the Ethiopian government was targeting him and other ESAT journalists because of their dissident views, or because the government perceives the organization as affiliated with Ginbot 7. What if authorities didn’t know where Zeleke’s political activity ends, and his journalism begins? It wouldn’t justify the surveillance. But because there have been so few public cases of the Ethiopian government’s targets, the distinction could illuminate the motivations of the intelligence service’s hacking—primarily to stop the flow of information, or targeting perceived political threats.
The head of the government agency that runs Ethiopia’s hacking, the INSA, declined to comment for this story.
The real punishment wasn’t his time wasted behind bars. It was seeing Nafkot suffer without a father
Zeleke told me that the Ethiopian government is monitoring ESAT because it is a political organization affiliated with Ginbot 7, but it is a fully independent organization and the journalists are from across the political spectrum.
“The fact that I am affiliated with Ginbot 7 may be a factor, but without me being here, whoever is the head of ESAT, these journalists [would be attacked],” he told me. “Others, many others who are not Ginbot 7, thousands of others, are subject to cyberattacks and surveillance. So, I mean, logically you have to see the context. This is a routine practice by the police, an authoritarian state to control the populous, to control the flow of information, and to intimidate alternative media and political dissenters.”
***Serkalem and Nafkot would visit Eskinder in prison every Saturday and Sunday after he was sentenced. Eskinder tried to convince Nafkot that he was just in school, not at prison, to make the burden of an absent father easier on his young son. Born in a prison, Nafkot recognized that his father wasn’t in school.
“No, you’re in jail,” he would say to his dad.
Nafkot Nega has believes that the profession of his parents is a crime equivalent to terrorism. Innovative industries in Ethiopia have been hamstrung to preserve this philosophy, and those who do access the internet are targets of relentless hacking.
When they visited, Serkalem told me the jail staff would humiliate inmates in front of their families. Eskinder grew concerned that Nafkot would become desensitized to the brutality and grow resentful of the world.
“It’s OK to be jailed for what you believe in, but to see the impact on your family and your son, he couldn’t bear, and asked me to take him away,” Serkalem told me. The real punishment wasn’t his time wasted behind bars. It was seeing Nafkot suffer without a father.
Eskinder started to ask his wife and son the same question each time they visited: “Have you bought your ticket?” He also pressed other family members and friends who visited to convince Serkalem and Nafkot to leave Ethiopia, so he could finish his time with the peace of mind that his family would be safe.
The last time Nafkot saw his father was July 23, 2014. Serkalem had purchased two tickets for the United States the next day, and Eskinder tried to cheer up his son during their last visit.
“America is right nearby!” he exclaimed.
Serkalem told me she wants to create a positive memory for Nafkot of his father. She wants to convince her son that his father’s sacrifice as not in vain. Eskinder is scheduled to be released from prison in 2030, when Nafkot will be 23 years old—the same age Eskinder opened his first newspaper in Ethiopia.
Leaked Documents Show Need to Regulate Surveillance Sales
(New York, August 13, 2015) – The Italian spyware firm Hacking Team took no effective action to investigate or stop reported abuses of its technology by the Ethiopian government against dissidents, Human Rights Watch said. A comprehensive review of internal company emails leaked in July 2015 reveals that the company continued to train Ethiopian intelligence agents to hack into computers and negotiated additional contracts despite multiple reports that its services were being used to repress government critics and other independent voices.
The Italian government should investigate Hacking Team practices in Ethiopia and elsewhere with a view toward restricting sales of surveillance technology likely to facilitate human rights abuses, Human Rights Watch said.
“The Hacking Team emails show that the company’s training and technology in Ethiopia directly contributed to human rights violations,” said Cynthia Wong, senior Internetresearcher at Human Rights Watch. “Despite multiple red flags, Hacking Team showed a striking lack of concern about how its business could damage dissenting and independent voices.”
On July 5, 400 gigabytes (GB) of Hacking Team’s internal emails, documents, and source code that had been hacked were leaked online. The leaked emails confirm that the company had sold surveillance systems, training, and support and maintenance services to the Ethiopian Information Network Security Agency (INSA) as early as 2011, with contracts worth US$1 million in 2012. On November 5, 2012 Hacking Team congratulated INSA on infecting its first target.
Leaked Hacking Team emails showed that it reviewed independent reports published in 2014 and 2015 that presented findings that the government was targeting Ethiopian Satellite Television (ESAT) employees based in the United States using Hacking Team technology. Yet the company’s internal emails show only a superficial effort to investigate these findings and end the abuse.
Hacking Team states it sells exclusively to governments. Human Rights Watch first contacted Hacking Team in February 2014 after the Toronto-based research center Citizen Lab reported that the Ethiopian government had attempted to use Hacking Team’s spyware, Remote Control System, to hack into the computers of ESAT employees. ESAT is an independent, diaspora-run television and radio station. On December 20, 2013, a third party made three separate attempts to target two ESAT employees who live outside of Ethiopia. In each attempt, ESAT employees received a file through Skype.
The ESAT employees did not open the files, which were presented as and appeared to be a Word document or PDF file. However, if the employees had opened them, the files would have covertly installed a program that would have given the Ethiopian government access to files, emails, passwords, and Skype calls made on the infected computer. Testing by researchers at Citizen Lab found that the program appeared to be spyware that matched previously established characteristics of Hacking Team’s Remote Control System.
In response to a Human Rights Watch inquiry about this incident, the company stated that under its “Customer Policy,” “when questions about the proper use of our tools are raised either internally or come to our attention from outside the company, we investigate.” If a government agency is found to have misused its software, the company states, it will suspend support for the agency’s system, leaving it “vulnerable to detection and therefor useless”. However, until the firm’s recent data breach, the company has been unwilling to disclose any information on its clients or whether it opened an investigation into how the Ethiopian government has been using its technology under its customer policy.
A second report published in March 2015 by Citizen Lab further corroborated evidence that the Ethiopian security agency continued to use Hacking Team’s system to target ESAT journalists. It also showed that the company provided at least one software update to the agency in between the attacks, despite clear indications of abuse of the software. This raised considerable questions about whether the company took the action set out in its customer policy on earlier reports.
Although Hacking Team point out that the leaked information is partial, arguing that it does not include a record of phone calls or discussions held during internal meetings at the company, the company’s leaked internal emails do not show that the company conducted a serious investigation in response to allegations that the security agency had misused the system in 2014. As Hacking Team staff debated over email about how to respond to media reports of the Ethiopian government’s hacking activities, they were also discussing the security agency’s requests to upgrade its system and purchase additional services.
In March 2015, in response to reports from Human Rights Watch and Citizen Lab, Hacking Team asked Ethiopian officials for a written response to allegations that it was conducting abusive surveillance. The government responded that its targets are members of Ginbot 7, a banned Ethiopian opposition organization that the government considers to be a terrorist organization. The emails show no further inquiry by Hacking Team to the government’s response.
The Ethiopian government has invoked national security to clamp down on core freedoms and human rights. Human Rights Watch documented in a March 2014 report that the Ethiopian government uses its surveillance capacities to unlawfully monitor the activities of perceived political opponents inside the country and among the diaspora. Individuals with perceived or tenuous connections to even registered opposition groups are arbitrarily arrested and interrogated based on their phone calls. Recorded phone calls with family members and friends – particularly those with foreign phone numbers – are often played during abusive interrogations in which people who have been arbitrarily detained are accused of belonging to banned organizations.
The Hacking Team emails show that the company’s training and technology in Ethiopia directly contributed to human rights violations. Despite multiple red flags, Hacking Team showed a striking lack of concern about how its business could damage dissenting and independent voices.
Cynthia Wong
Senior Internet Researcher
Human Rights Watch and others have documented that the country’s anti-terrorism law has been used to target journalistsand others critical of government policies. Dozens of journalists, bloggers, and media publishers have been criminally charged and at least 60 journalists have fled the country since 2010. The clampdown on dissent culminated in the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF) coalition taking 100 percent of parliamentary seats in the May federal election.
Human Rights Watch wrote to Hacking Team in July to request comment on these findings. The company stated that it “suspended the relationship [with Ethiopia] last year and terminated all relations with Ethiopia earlier this year.” The company also stated that since its stolen information is publicly available, “the record demonstrates that the company followed all laws and regulations as well as its own customer policy.”
The firm specified that it investigated allegations of abuse in 2014 raised by Citizen Lab by “interrogating the client,” but the facts were “inconclusive.” The firm however noted that “there were several within the company who argued that irrespective of the reasons for this particular surveillance attempt, the Ethiopian investigators were inept, and the relationship with the client should be suspended for that reason alone,” and Hacking Team suspended support to the Ethiopian security agency in the fall of 2014. According to statements from Hacking Team to theWashington Post, Hacking Team suspended support, but the government “would still have had some ability to collect data from existing surveillance.”
In internal discussions revealed by the leaked emails, Hacking Team staff appeared toaccept the government’s justification that the surveillance was “lawful.” Hacking Team briefly suspended service to Ethiopia in March 2015, though seemingly due to concerns that the government’s “incompetent” and “reckless and clumsy” use of the company’s system would expose Hacking Team’s technology to detection, rather than concerns over possiblehuman rights abuses.Hacking Team’s surveillance tools are designed to be undetectable by commercial anti-virus programs and other analysis. According to internal emails, Hacking Team believedthat the Ethiopian government’s flawed use of the tool put its covert nature in jeopardy, along withthe confidentiality of the firm’s other customers.In a leaked email, one staff member also expressed concern that if the company continued the relationship with the Ethiopian security agency, it would have “demonstrated that [Hacking Team doesn’t] take seriously [its] own policies” regarding customer misuse of its technology to violate rights. The leaked emails reflect that the government continued to have access to Hacking Team’s tools after March 2015 and the company issued a temporary license to Ethiopia while they began negotiations in April on a new contract worth at least $700,000. At the time Hacking Team was hacked in July, the Ethiopian security agency had allowed its previous license to expire and the agency and the firm had not yet finalized a new contract.
Hacking Team wrote to Human Rights Watch that its “software is operated by the client, not by Hacking Team, and the subjects of surveillance, the information gathered and the reasons for the surveillance” are not available to Hacking Team. Yet the leaked emails suggest that Hacking Team had multiple opportunities to assess whether the government’s surveillance activities violated human rights and take action to stop these abuses. As part of the company’s support and training services, it repeatedly asked Ethiopian officials for information about intended surveillance targets so that the company could better assist the government in carrying out a successful attack, including through more sophisticated “social engineering” techniques to gain access to a target’s computer.
Social engineering often involves sending highly personalized emails from seemingly trusted sources to entice surveillance targets to open documents infected with spyware, which requires knowledge of the target’s contacts and interests. The released emails show no indication that the company conducted any human rights due diligence based on this kind of information, which may have raised red flags about possible abuses. The new 2015 contract that the company was negotiating with Ethiopia at the time of the data breach included “many months of training combined to [sic] our continuous on-site presence — in order to assist them, teach them, and supervise their investigative activities” according toleaked emails.
Previous reporting by Citizen Lab and others described how the Ethiopian government had used tools provided by FinFisher, a UK and Germany based competitor to Hacking Team, to target or monitor computers owned by other individuals in the Ethiopian diaspora in the US, UK, and Norway. In February 2014, the Electronic Frontier Foundation sued the Ethiopian government on behalf of one of the victims for violating US privacy laws.
Italy and other governments should ensure that all sales of Hacking Team systems and similarly controlled technologies are reviewed on a case-by-case basis, Human Rights Watch said. At a minimum, controls should require an inquiry into the human rights climate of the destination country, the end user and likely end use, technical specifications of the technology, and marketing materials employed by the companies to sell to government agencies.
“The Hacking Team leaks show this industry cannot be depended upon to regulate itself,” Wong said. “Italy and other governments should not turn a blind eye to these revelations, but should immediately investigate the practices of international spyware companies and impose real oversight and control over the exports of surveillance technologies.”
Background
The sale of surveillance technologies is largely unregulated at the national and international level. In December 2013, countries participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies added “intrusion software” to its multilateral export control list. As a result, the European Union and 41 member countries to the Wassenaar Arrangement have begun to introduce regulations to control the sale of systems like those sold by Hacking Team. The EU regulations, which apply to Italy, went into force in December 2014.
On February 25, Hacking Team released a statement saying it was “complying fully” with the Wassenaar’s intrusion software controls. The company stated that “under the procedures agreed to by Hacking Team and the Italian Ministry of Economic Development, HT will request from the Italian Government export authorization for its technologies.”
The company’s leaked emails show the company’s lobbying efforts to ensure that it would not be required to seek specific authorization to export its technologies for all countries, undermining the Italian government’s ability to exercise oversight over its sales. In October 2014, the Italian Ministry of Economic Development briefly halted Hacking Team’s exports and proposed a broad control on the firm’s sales that would require a case-by-case review to approve each export, citing “possible uses concerning internal repression and violations of human rights.”
Leaked emails showed that company executives lobbied top Italian officials and government contacts to intervene. As a result, the Economic Development Ministry rescinded the broad control in November 2014, and instead granted a one-time “global license” for exports to countries that were part of the Wassenaar Arrangement in April 2015. It is unclear whether the Italian government has required Hacking Team to seek specific authorization for services, updates, and support the firm continues to provide under contracts signed before April.
Properly implemented export controls can be a valuable tool to help curb the unregulated spread of these systems and promote responsible business and human rights norms. Controls also act as an essential accountability and transparency mechanism. Greater transparency can assist governments and nongovernmental organizations in monitoring the human rights impact of their businesses, improving policies to address abuses, and enhancing remedies where violations occur.
Somalia: Explaining why Somali people quit listening to BBC and VOA Somali Services
By Ahmed Abdi, Ayyaantuu, News 30 July 2015
Most of the Somali people have recently started to quit listening to their long-time news provider, BBC Somali Service and news newly-competitor of Voice of America (VOA) Somali Service.
They lost interest and distrusted them due to the privilege of the recent technology they have gained mainly social media such as Facebook, YouTube, Twitter, Google plus and many other Social media platforms.
If you ask at least six different peoples from different locations for example, Hargeisa, Garowe, Kismayo and Mogadishu they will definitely tell you that they did not listen a week or even months or they did not remember the last time they have listened to them.
Of Course, they will tell you that there is no unmet news coverage that they would need from any of them that they did not hear before. Because the above-mentioned news outlets serves better than BBC and Somali Services.
Forget about people in Jigjiga and many other place across Ogaden region that the BBC and VOA Somali Services are muted to cover their regional problems despite the conflicts, famine, human rights violations, social injustice, and underdevelopment.
If they ever do once a year coverage -they avoid mentioning the geographical name, which probably is Ogaden region of Ethiopia due to the region’s name,named after Ogaden-clan , which makes up the region’s half of its populations. More than 6 million Somali audience members had possibly lost there.
Moreover, Many of their former clients will tell you that the editors of the two channels’ tribal affiliation led them to distrust and stop listening to the news channels of BBC and VOA Somali Services. Meanwhile, many others complained about their lack of objective and balanced coverage.
Let us analyse the changes occurred after all these to learn the difference between now and then.
Between 1994-1998, Somali people used to put aside everything in their hands whenever they heard the BBC’s famous music to listen its international and regional news carefully. In the past, villagers, who had no radios used to travel a long distance on foot amid listening the news of the BBC Somali Service for the nearest possible location available to get its news-possibly walking 14 kilometers away from their own villages.
It is obvious that the BBC had been their source of news reference as well their only reliable dictionary in terms of every disputed divination of Somali world. You see, its former Somali reporters had knowledge when it comes to their regional dialects and Somali literary language.
People used to make their appointment-hours the times of the BBC Somali Service be on air i.e specific hours of the morning, afternoon, and evening that is usually devoted to listening to it. This is an indication of how people’s lives were more connected to its programs before. In these hours, crowds of Somalis assembling in a bid to listen to the news of the BBC Somali Service.
Even there was a time, the only available program about Africa including Somalia was Wednesdays. It was BBC Somali Service, which people made a place to return for their disputed sources. And nobody could dispute a news said it is a source of BB Somali Service. The time has changed, so have BBC Somali reporters.
People VOA Somali Service is believed to have been created to compete with the Somali people’s traditional news outlet, BBC Somali Service, after the U.S’s interest of Somalia affairs grew following the U.S-led invasion of Somalia in 1992 ad the U.S’s war on terror as well as the United States fear of China’s East Africa penetration amid the U.S rival’s demand of Africa’s Natural resources to pave its way of being a super-power.
The time that VOA Somali Service aired its first programs was welcomed by the mass and many BBC’s longtime clients turned to VOA Somali Service and it became more popular in every corner of the five-pointed white star of Somali flag represents i.e every place that Somali-Speaking community could be found.
But unfortunately, a media that most of the Somalis mistakenly assumed a role model, a sign of good era, however, turned to be null and void after it has lost its values, which probably means compromising its impartiality.
Several things are supposed to be the reason for the decline of the BBC and VOA Somali listeners including the lack of quality reporters compared to the past reporters that devoted to literature and were rich in their Somali language and their own culture when addressing Somalis, who are culturally rich in oral tradition and have zero-tolerance for such unskilled presenters.
It is obvious that many factors contributed to the disappointment of their audience members including their less quality programs for the result of hiring their new reporters based on evaluation of their knowledge of the English language rather than Somali language and regional knowledge as well as favouring one tribe against another, one politician against another and/or one region against another.
A first-of-its kind lawsuit that resumes in a U.S. District Court on Tuesday has drawn attention to the private surveillance-technology industry as a potential enabler of spying on Americans. The case involves a U.S. citizen who alleges that “clandestine computer programs” assumed “what amounts to complete control” over his personal computer and relayed copies of his electronic activity — including Skype calls, Internet searches and emails — to the Ethiopian government.
Kidane — the pseudonym under which the complainant is known in the case to protect his family from retribution — says his computer was monitored by spyware placed on his computer while he was living in the United States. He is an Ethiopian-born naturalized U.S. citizen who sought asylum in the U.S., where he has lived for more than two decades. His case is being closely watched by activists and civil liberties campaigners because of its potential implications for domestic cybersurveillance by security agencies such as the National Security Agency (NSA).
A victory for Kidane “would be a clear statement from a U.S court to say that wiretapping without court authorization is illegal, no matter who does it. And yes, absolutely that would have implications for the NSA,” said his legal counsel, Nate Cardozo, a staff attorney at the Electronic Frontier Foundation.
“We know that the NSA engages in full content wiretapping … without a court order authorizing it,” he added. “That conduct is simply illegal, and I think a U.S. court order holding Ethiopia responsible for doing the same thing but on a much smaller scale here hopefully would at least raise some eyebrows at the NSA.”
The suit alleges that FinSpy, an intrusion and surveillance program, was transmitted by a Microsoft Word document attachment sent to Kidane’s computer via email by or on behalf of the Ethiopian government. It began targeting Kidane’s machine in late October 2012.
Ethiopia was accused of deploying FinSpy in a March 2013 report by Citizen Lab, an organization that studies surveillance, on the basis of the IP address from which the software was transmitted. The attack on Kidane’s computer was found to have originated from the same server. Days after the Citizen Lab report appeared, the Ethiopian government tried to shut down FinSpy on Kidane’s computer, Cardozo alleged. However, there was a malfunction, and traces of the software remained on his client’s machine.
“We caught the Ethiopian government red-handed,” Cardozo said.
Kidane is seeking damages and an acknowledgment from the Ethiopian government that it acted outside the law. Ethiopia has stated in court documents that “computer addresses can be and are easily [faked],” but it has not denied the allegations. It has argued that because it is a foreign sovereign power, a U.S. court lacks jurisdiction to hear the case.
It is designed to evade detection and can bypass 40 anti-virus systems, according to the leaked company files.
The spyware tool is a part of the FinFisher product suite formerly under the umbrella of the U.K.-based Gamma Group, which, according to its website, provides “advanced technical surveillance, monitoring solutions and advanced government training.”
The FinFisher company, based in Munich, maintains that the products are sold to “government agencies only” and that the spyware is designed to target individuals and is not to intended for mass surveillance.
But the British government has criticized the group.Gamma lacks “due diligence processes that would protect against abusive use of its products,” according a U.K. government report.
Gamma does not say to which countries it has sent products, and it did not respond to an Al Jazeera query.
Even if the manufacturer’s intent is that FinSpy be used lawfully, human rights groups say the technology has been used to facilitate abuses. FinFisher command and control servers are said to be active in some three dozen countries, including Brunei, Nigeria, Pakistan, Qatar, Romania, Turkey, Turkmenistan and the United Arab Emirates, according to 2013 report by Citizen Lab.
Bahraini authorities have been accused of using it to target three Bahraini activists who have been granted asylum in the United Kingdom. And the Lahore High Court is set to hear a case about the use of the spyware in Pakistan. The suit alleges that the government indiscriminately spied on its citizens with the help of the FinFisher technology.
But laws in many other countries governing the use of surveillance have not kept up with its rapid development and global reach.“The lawful interception of communications must be performed with proper legal authorization, but what this authorization looks like varies across jurisdictions,”said Privacy International.
“Often, laws are vague and broadly interpreted, courts authorize and review surveillance in secret, and individuals are monitored surreptitiously and are not notified that they were placed under surveillance,” the group said.
The levels of poverty and authoritarianism are higher in the Horn of Africa than anywhere else in the continent. Civil liberties are collateral victims. Post-Zenawi Ethiopia – a missed chance to liberalize Prime Minister Meles Zenawi’s death in August 2012 and his replacement by Hailemariam Desalegn raised hopes of political and social reforms that would benefit freedom of information. Sadly, these hopes have been dashed. The repressive anti-terrorism law adopted in 2009 is a threat that continues to hang over journalists, forcing them to censor themselves. Media that dare to violate the code of silence, especially as regards government corruption, are systematically intimidated. …There is no sign of any loosening of the vice that grips the Ethiopian media and the regime is unlikely to tolerate criticism before the elections in 2015. http://rsf.org/index2014/data/index2014_en.pdf
Ethiopia has been ranked at 176th spot among 199 countries on press freedom by US-based non-governmental organisation Freedom House.
In its Press Freedom Report 2014, not surprisingly, Ethiopia achieved a press freedom score of 81 and is categorized as “not free”, with North Korea, Belarus, Syria and the like. Ethiopia’s score in 2015 is 83 which is a declining trend.
According to Freedom House, each country or territory is given the press freedom score from 0 (best) to 100 (worst) on the basis of 23 methodology questions which are divided into three sub categories: economic environment, political environment and legal environment.
The total scores determine the status designation of free, partly free or not free.
A total score of 0-30 means press freedom status of “free”, 31-60 is categorised as “partly free”, and 61-100 is “not free”.
Neighboring Kenya and Uganda are with 122nd and 125th ranking spots respectively.
The top nations which scored the highest in press freedom are the Scandinavian countries of Norway, Sweden, Finland and Denmark, as well as European countries like Belgium, the Netherlands and Switzerland.
Freedom House noted that global press freedom declined in 2014 to its lowest point in more than 10 years.
It said the steepest decline relates to two factors – the passage and use of restrictive laws against the press, often on national security grounds, and the ability of local and foreign journalists to physically access and report freely.
Press freedom in Ethiopia declined in 2014 as the government launched a crackdown on journalists and bloggers ahead of the May 2015 elections. Among those arrested were six members of the Zone 9 blogging collective who regularly wrote on issues of human rights and governance. The government of Prime Minister Hailemariam Desalegn continued to use the draconian antiterrorism law to stifle dissent, targeting both print and online journalists, with some prosecuted in absentia. Others faced charges such as defamation. With 17 journalists behind bars as of December 1, according to the Committee to Protect Journalists (CPJ), Ethiopia was the second-worst jailer of journalists in Africa, after Eritrea.
Legal Environment
While the constitution guarantees freedom of the press, the 2005 criminal code contains many provisions that limit this right, including restrictions on “obscene” communication, defamation, and criticism of public officials. In April 2014, the state-owned broadcaster—the Ethiopian Radio and Television Agency (ERTA)—was found guilty of defaming the opposition Unity for Democracy and Justice party in a multipart documentary. The court ordered ERTA to air a correction, though an ERTA journalist who served as a presenter for the film was acquitted. In October, Temesghen Desalegn, the former editor and owner of the now-defunct independent weekly Feteh, was sentenced to three years in prison for incitement, criminal defamation, and false publication related to 2012 articles that criticized the government’s repression of student activists and ethnic minorities.
The 2009 antiterrorism law, ostensibly designed to address crimes related to armed insurgencies, has been used extensively against journalists. Most journalists prosecuted under the law have been accused of collaboration with government-designated terrorist organizations simply for publishing information about such groups or conducting interviews with their leaders. In February 2014, Somali journalist Mohamed Aweys Mudey was sentenced to 27 years in prison on terrorism charges. He had been arrested in November 2013 and detained for four months for allegedly possessing information about the operations of Somali extremist group the Shabaab in Ethiopia. In April 2014, six bloggers associated with the Zone 9 collective were arrested along with three independent journalists. The nine detainees were charged in July with receiving aid and instructions from terrorist groups with the intention to destabilize the country. In August, the government also brought criminal charges against five magazines—Lomi, Enqu, Fact, Jano, and Addis Guday—and the weekly newspaper Afro-Times. They were accused of “encouraging terrorism, endangering national security, repeated incitement of ethnic and religious hate, and smears against officials and public institutions.” The publishers of three of the magazines fled the country, but they were convicted in absentia and sentenced to over three years in prison. At least five other journalists were already serving sentences or in pretrial detention for alleged terrorism offenses, while two Eritrean journalists have been imprisoned without charge since 2006, also for suspected terrorist activities. Several additional journalists have been convicted in absentia.
Other restrictive laws that impede the practice of journalism include the 2008 Freedom of the Mass Media and Access to Information Proclamation, which imposes onerous licensing and registration requirements and harsh sanctions for violations, and the 2012 Telecom Fraud Offences Proclamation, which prescribes significant fines and up to eight years in prison for those convicted of using the telecommunications network to disseminate a “terrorizing message.” The latter law also criminalizes the use of popular voice over internet protocol (VoIP) communications software such as Skype for commercial purposes, or to bypass the telecommunications monopoly of state-owned Ethio Telecom.
The government’s selective enforcement of the laws and the lack of an independent judiciary mean that journalists have few guarantees of due process or a fair trial. Charges are often filed arbitrarily in response to personal disputes. Court cases can continue for years, and many journalists have multiple charges pending against them.
Ethiopia has one of the continent’s most progressive freedom of information laws, but access to public information is largely restricted in practice, and the government has traditionally allowed only state-owned media outlets to cover official events.
The 2009 Proclamation for the Registration and Regulation of Charities and Societies has crippled the ability of nongovernmental organizations to monitor and advocate for media freedom and other human rights issues, in part by restricting foreign funding and imposing rigid and intrusive spending rules.
In April 2014, a staff member of the international advocacy group Article 19 was detained upon arrival in Ethiopia from Kenya, held without access to a lawyer for more than a day, and deported with a warning not to return. He had been scheduled to provide journalists with security training. International organizations and activists have mounted public campaigns on behalf of jailed Ethiopian journalists, but they have had little concrete effect. Eskinder Nega, a journalist and blogger who was sentenced to 18 years in prison in 2012 for his critical reporting, was named as the recipient of the 2014 World Association of Newspapers and News Publishers (WAN-IFRA) Golden Pen of Freedom Award. The Zone 9 bloggers received significant international support after their arrest, particularly on social media. Nigerian and Tanzanian bloggers organized the first Africa-wide “tweetathon” to call for their release, and legal petitions were submitted to the African Union and the United Nations.
Political Environment
Censorship and self-censorship are routinely practiced. Many private newspapers report that officials attempt to control content through article placement requests and telephone calls to editors about stories that are critical of the government. In June 2014, 20 journalists from the state-owned Oromia Radio and Television Organization were fired with no formal explanation. The journalists said the mass dismissal could be linked to their views on a student protest movement that challenged a government plan to cede parts of Oromia State to the federal capital region of Addis Ababa.
The government obstructs access to numerous websites, including independent and international news sites, opposition websites, and the sites of groups designated as terrorist organizations. Controversial political blogs, many of which are based abroad, are blocked, preventing important voices from contributing to the local political debate. Tor, a software package that allows users to circumvent internet filtering and browse the web anonymously, has been blocked since Ethio Telecom adopted deep packet inspection (DPI) to control internet traffic in 2012. In 2013, employees of the independent Ethiopian Satellite Television Service (ESAT), a satellite broadcaster run by diaspora journalists operating abroad, were targeted with sophisticated spyware that can be used to copy files, obtain passwords, and intercept Skype calls and instant messages.
Media outlets face significant restrictions on coverage of mass protests, particularly those by the Muslim community against policies that threaten their religious freedoms, which began in 2012. Journalists who cover the demonstrations have faced arrests and harassment. In July 2014, photojournalist Aziza Mohamed of Addis Guday was arrested and held without charge for supposedly inciting protesters to violence. The editor and the managing director of the defunct Muslim weekly Ye Muslimoch Guday were similarly arrested for coverage of the protests in 2012 and 2013, respectively, and their trials on terrorism charges were ongoing in late 2014.
Harassment and intimidation of critical journalists in Ethiopia remains a common practice among law enforcement officials. A 2013 Human Rights Watch report documented dozens of cases of abuse and mistreatment of inmates at the Maekelawi detention center—a key federal facility for journalists and other political prisoners in Addis Ababa—including unlawful interrogation tactics and denial of access to basic needs, as well as to family members and lawyers, in order to obtain coerced confessions. Growing concerns about politically motivated charges and possible imprisonment have led a record number of Ethiopian journalists to flee abroad. According to CPJ, more than 30 journalists left the country during 2014, twice as many as in the previous two years combined.
Economic Environment
The number of print outlets covering politics decreased significantly after 2005, while weekly papers and magazines on business and lifestyle topics—catering to the growing urban middle class—are proliferating. The state operates the only national television station and owns almost all radio outlets, the primary sources of information for Ethiopians. State-controlled media are biased in favor of the government and the ruling party. Broadcasting law prohibits any political, religious, or foreign entities from owning stations, though the owners of the few private radio stations are generally seen as friendly to the authorities. The signals of international broadcasters such as Deutsche Welle and Voice of America (VOA) have occasionally been jammed, reportedly with technical support from the Chinese government.
Fear of prosecution and heavy taxes on the publishing process have effectively concentrated the printing industry in the hands of the largest state-run printer, Berhanena Selam Printing Press. In 2012, Berhanena Selam introduced a revised “standard contract” that allows it to refuse distribution of content deemed to be contrary to state interests. Publishers must submit to the contract or risk losing their printing privileges. The printer voided agreements with Feteh and the opposition dailyFinote Netsanet that year, effectively putting the former out of business. By giving the state enterprise the power to vet and review articles before printing them, the new contract essentially reestablished official prepublication censorship in Ethiopia.
Ethiopia and neighboring Djibouti, which has a population of less than a million, are the only countries in Africa to maintain a complete monopoly on telecommunications, including provision of internet service. With the support of the Chinese government, Ethio Telecom managed to raise mobile connectivity to nearly 29 percent of the population in 2013, though internet connectivity remained at a meagre 2 percent. The government’s control of the telecommunications sector has allowed it to contain the potential of new communication technologies to enable civic and political mobilization, but it continues to invest massive resources in these technologies to support its own state surveillance apparatus and development agenda.
Global press freedom hits decade low – survey
AFP, Washington, 29 April 2015
Freedom of the press around the world has plummeted to the worst level in a decade, a survey warned Wednesday, with the United States and China both tightening the noose.
Journalists globally encountered more restrictions from governments, militants, criminals and media owners, the annual report by the human rights group Freedom House said.
“Journalists faced intensified pressure from all sides in 2014,” said Jennifer Dunham, project manager of the report.
“Governments used security or antiterrorism laws as a pretext to silence critical voices, militant groups and criminal gangs used increasingly brazen tactics to intimidate journalists, and media owners attempted to manipulate news content to serve their political or business interests.”
One factor was the passage and use of restrictive laws, often on national security grounds.
“One of the most troubling developments of the past year was the struggle by democratic states to cope with an onslaught of propaganda from authoritarian regimes and militant groups,” Dunham said.
“There is a danger that instead of encouraging honest, objective journalism and freedom of information as the proper antidote, democracies will resort to censorship or propaganda of their own.”
Of the 199 countries and territories studied in 2014, a total of 63, or 32 percent, were rated “free” for the news media, while 71 (36 percent) were “partly free” and 65 (32 percent) “not free.”
Only 14 percent of the world’s inhabitants live in countries with a free press, Freedom House said.
The rating for the United States fell due to detentions, harassment, and rough treatment of journalists by police during protests in Ferguson, Missouri, the report said.
Elsewhere in the Americas, declines in press freedom were seen in Honduras, Peru, Venezuela, Mexico and Ecuador.
The report said only five percent of people in the Asia-Pacific region have a free press, and that the rating for China fell as “authorities tightened control over liberal media outlets.”
Europe as a region had the highest score but also experienced the second-largest decline over the past 10 years.
The report also cited tougher conditions for journalists in Russia, Syria, Algeria, Nigeria and Ethiopia, while Tunisia “registered the best score of any Arab country.”
One day they arrested me and they showed me everything. They showed me a list of all my phone calls and they played a conversation I had with my brother. They arrested me because we talked about politics on the phone. It was the first phone I ever owned, and I thought I could finally talk freely. — Former member of an Oromo opposition party, now a refugee in Kenya, May 2013
The vast majority of the cases documented by Human Rights Watch involving access to phone recordings involved Oromo defendants organizing Oromos in cultural associations, student associations, and trade unions. No credible evidence was presented that would appear to justify their arrest and detention or the accessing of their private phone records. These interrogations took place not only in Addis Ababa, but in numerous police stations and detention centers throughout Oromia and elsewhere in Ethiopia. As described in other publications, the government has gone to great lengths to prevent Oromos and other ethnicities from organizing groups and associations.123 While the increasing usefulness of the mobile phone to mobilize large groups of people quickly provides opportunities for young people, in particular, to form their own networks, Ethiopia’s monopoly and control over this technology provides Ethiopia with another tool to suppress the formation of these organizations and restrict freedoms of association and peaceful assembly. Human Rights Watch interviews revealed that interrogations seem to follow a similar pattern in which individuals are repeatedly told that security “is monitoring everything” and they should confess to various charges. If confessions are not forthcoming, security officials reveal knowledge of individual phone calls. If a confession or information is not revealed then an entire list of phone calls is produced or an individual phone call is played. At this stage, if no confession or information is obtained, prolonged detention takes place. As is often the case in Ethiopia, arbitrary detention without formal charges is common. In the cases Human Rights Watch has documented, mistreatment in detention at this stage frequently occurs. THEY KNOW EVERYTHING WE DO
(Human Rights Watch, New York) – The Ethiopian government has renewed efforts to silence independent voices abroad by using apparent foreign spyware, Human Rights Watch said today. The Ethiopian authorities should immediately cease digital attacks on journalists, while foreign surveillance technology sellers should investigate alleged abuses linked to their products.
Independent researchers at the Toronto-based research center Citizen Lab on March 9, 2015, reported new attempts by Ethiopia to hack into computers and accounts of Ethiopian Satellite Television (ESAT) employees based in the United States. The attacks bear similarities to earlier attempts to target Ethiopian journalists outside Ethiopia dating back to December 2013. ESAT is an independent, diaspora-run television and radio station.
“Ethiopia’s government has over the past year intensified its assault on media freedom by systematically trying to silence journalists,” saidCynthia Wong, senior Internet researcher at Human Rights Watch. “These digital attacks threaten journalists’ ability to protect the safety of their sources and to avoid retaliation.”
The government has repressed independent media in Ethiopia ahead of the general elections scheduled for May, Human Rights Watch said. Many privately owned print publications heavily self-censor coverage of politically sensitive issues or have shut down. In the last year, at least 22 journalists, bloggers, and publishers have been criminally charged, at least six publications have closed amid a campaign of harassment, and many journalists have fled the country.
Many Ethiopians turn to ESAT and other foreign stations to obtain news and analysis that is independent of the ruling Ethiopian People’s Revolutionary Democratic Front. However, intrusive surveillance of these news organizations undermines their ability to protect sources and further restricts the media environment ahead of the elections. Government authorities have repeatedly intimidated, harassed, and arbitrarily detained sources providing information to ESAT and other foreign stations.
Citizen Lab’s analysis suggests the attacks were carried out with spyware called Remote Control System (RCS) sold by the Italian firm Hacking Team, which sells surveillance and hacking technology. This spyware was allegedly used in previous attempts to infect computers of ESAT employees in December 2013. If successfully installed on a target’s computer, the spyware would allow a government controlling the software access to activity on a computer or phone, including email, files, passwords typed into the device, contact lists, and audio and video from the device’s microphone and camera.
Citizen Lab also found that the spyware used in the attacks against ESAT appeared to have been updated as recently as December 2014. On November 19, a security researcher, Claudio Guarnieri, along with several nongovernmental organizations, publicly released a tool called Detekt, which can be used to scan computers for Hacking Team RCS and other spyware. Citizen Lab’s testing determined that Detekt was able to successfully recognize the version of RCS used in a November attack, but not the version used in a December attack. Citizen Lab concluded that this may indicate that the software had been updated sometime between the two attempts.
These new findings, if accurate, raise serious concerns that Hacking Team has not addressed evidence of abuseof its product by the Ethiopian government and may be continuing to facilitate that abuse through updates or other support, Human Rights Watch said.
Hacking Team states that it sells exclusively to governments, particularly law enforcement and intelligence agencies. The firm told Human Rights Watch in 2014 that “we expect our clients to behave responsibly and within the law as it applies to them” and that the firm will suspend support for its technology if it believes the customer has used it “to facilitate gross human rights abuses” or “who refuse to agree to or comply with provisions in [the company’s] contracts that describe intended use of HT [Hacking Team] software.” Hacking Team has also stated that it has suspended support for their product in the past, in which case the “product soon becomes useless.”
Media reports and research by independent human rights organizations in the past year have documented serious human rights violations by the Ethiopian government that at times have been facilitated by misuse of surveillance powers. Although spyware companies market their products as “lawful intercept” solutions used to fight serious crime or counterterrorism, the Ethiopian government has abused its counterterrorism laws to prosecute bloggers and journalists who merely report on public affairs or politically sensitive issues. Ethiopian laws that authorize surveillance do not adequately protect the right to privacy, due process, and other basic rights, and are inconsistent with international human rights requirements.
Hacking Team previously told Human Rights Watch that “to maintain their confidentiality” the firm does not “confirm or deny the existence of any individual customer or their country location.” On February 25, 2015, Human Rights Watch wrote to the firm to ask whether it has investigated possible abuse of its products by the Ethiopian government to target independent media and hack into ESAT computers. In response, on March 6 a representative of the firm emailed Human Rights Watch that the company “take[s] precautions with every client to assure that they do not abuse our systems, and, we investigate when allegations of misuse arise” and that the firm is “attempting to understand the circumstances in this case.” The company also stated that “it can be quite difficult to get to actual facts particularly since we do not operate surveillance systems in the field for our clients.” Hacking Team raised unspecified questions about the evidence presented to identify the spyware used in these attacks.
Human Rights Watch also asked the company whether contractual provisions to which governmental customers agree address governments’ obligations under international human rights law to protect the right to privacy, freedom of expression, and other human rights. In a separate March 7 response from the firm’s representative, Hacking Team told Human Rights Watch that the use of its technology is “governed by the laws of the countries of our clients,” and sales of its technology are regulated by the Italian Economics Ministry under the Wassenaar Arrangement, a multilateral export controls regime for dual-use technologies. The company stated that it relies “on the International community to enforce its standards for human rights protection.”
The firm has not reported on what, if any, investigation was undertaken in response to the March 2014 Human Rights Watch report discussing how spyware that appeared to be Hacking Team’s RCS was used to target ESAT employees in 2013. In its March 7 response, the company told Human Rights Watch that it will “take appropriate action depending on what we can determine,” but they “do not report the results of our investigation to the press or other groups, because we consider this to be an internal business matter.”
Without more disclosure of how Hacking Team has addressed potential abuses linked to its business, the strength of its human rights policy will be in question, Human Rights Watch said.
Sellers of surveillance systems have a responsibility to respect human rights, which includes preventing, mitigating, and addressing abuses linked to its business operations, regardless of whether government customers adequately protect rights.
“Hacking Team should publicly disclose what steps it has taken to avoid abuses of its product such as those alleged against the Ethiopian government,” Wong said. “The company protects the confidentiality of its customers, yet the Ethiopian government appears to use its spyware to compromise the privacy and security of journalists and their sources.”
Ethiopia’s media landscape is heavily state-controlled, and dominated by Amharic-language publications and broadcasts focused on events and issues in the capital, Addis Ababa. The Ethiopian Broadcasting Authority has regulatory authority over all media licensing and content for print publications and television and radio stations. It is accountable to the information ministry, which in 2008 was renamed the Government Communications Affairs Office.[10]
Ethiopia’s sole television broadcaster is the state-run Ethiopian Broadcasting Corporation (EBC, formerly known as ETV) and its regional affiliates. Satellite television is increasingly common with Al-Jazeera and BBC World News drawing significant numbers of viewers, particularly in Addis Ababa. Two diaspora-run television networks, Ethiopian Satellite Television (ESAT) and Oromia Media Network (OMN), are increasingly popular.
The 81 percent of Ethiopians who live in rural areas[11] are largely dependent on state-controlled radio and television broadcasts, particularly radio.[12] The few private licensed radio stations tend to steer clear of politics and sensitive content and focus on issues such as sports or entertainment.
Print publications are almost exclusively in Amharic, focus heavily on Addis Ababa, and are usually only available in major cities.[13] According to one source, 49 percent of respondents in Addis Ababa read newspapers, but only 9 percent of respondents in Oromia region and 14 percent in Amhara region do.[14]
“In March 2014 the diaspora-run Oromia Media Network began operating. OMN is a private satellite television channel that focuses on news and analysis of events in Oromia region, Ethiopia, and the greater Horn of Africa.[66] Government officials have subsequently threatened viewers and harassed individuals who have provided information to OMN. An independent documentary filmmaker said he was threatened by security personnel after being contacted by a high-profile individual within OMN to ask for technical advice: I was called by security personnel to come to the local council office where they told me, “There is much data that is going to OMN, all of this data must be coming from you, you are giving technical support to OMN. Since they are terrorists, you are assisting terrorists. We understand what you are doing, if you do not stop it will be your end.” I had only communicated via phone with OMN but I stopped communication at that time because I was afraid, but the harassment continued from security officials.”
Legal, Policy Reforms Crucial Prior to May Elections
Human Rights Watch, 22nd January 2015
(Nairobi) – The Ethiopian government’s systematic repression of independent media has created a bleak landscape for free expression ahead of the May 2015 general elections, Human Rights Watch said in a report released today. In the past year, six privately owned publications closed after government harassment; at least 22 journalists, bloggers, and publishers were criminally charged, and more than 30 journalists fled the country in fear of being arrested under repressive laws.
The 76-page report, “‘Journalism is Not a Crime’: Violations of Media Freedom in Ethiopia,” details how the Ethiopian government has curtailed independent reporting since 2010. Human Rights Watch interviewed more than 70 current and exiled journalists between May 2013 and December 2014, and found patterns of government abuses against journalists that resulted in 19 being imprisoned for exercising their right to free expression, and that have forced at least 60 others into exile since 2010.
“Ethiopia’s government has systematically assaulted the country’s independent voices, treating the media as a threat rather than a valued source of information and analysis,” said Leslie Lefkow, deputy Africa director. “Ethiopia’s media should be playing a crucial role in the May elections, but instead many journalists fear that their next article could get them thrown in jail.”
Most of Ethiopia’s print, television, and radio outlets are state-controlled, and the few private print media often self-censor their coverage of politically sensitive issues for fear of being shut down.
The six independent print publications that closed in 2014 did so after a lengthy campaign of intimidation that included documentaries on state-run television that alleged the publications were linked to terrorist groups. The intimidation also included harassment and threats against staff, pressure on printers and distributors, regulatory delays, and eventually criminal charges against the editors. Dozens of staff members went into exile. Three of the owners were convicted under the criminal code and sentenced in absentia to more than three years in prison. The evidence the prosecution presented against them consisted of articles that criticized government policies.
While the plight of a few high-profile Ethiopian journalists has become widely known, dozens more in Addis Ababa and in rural regions have suffered systematic abuses at the hands of security officials.
The threats against journalists often take a similar course. Journalists who publish a critical article might receive threatening telephone calls, text messages, and visits from security officials and ruling party cadres. Some said they received hundreds of these threats. If this does not silence them or intimidate them into self-censorship, then the threats intensify and arrests often follow. The courts have shown little or no independence in criminal cases against journalists who have been convicted after unfair trials and sentenced to lengthy prison terms, often on terrorism-related charges.
“Muzzling independent voices through trumped-up criminal charges and harassment is making Ethiopia one of the world’s biggest jailers of journalists,” Lefkow said. “The government should immediately release those wrongly imprisoned and reform laws to protect media freedom.”
Most radio and television stations in Ethiopia are government-affiliated, rarely stray from the government position, and tend to promote government policies and tout development successes. Control of radio is crucial politically given that more than 80 percent of Ethiopia’s population lives in rural areas, where the radio is still the main medium for news and information. The few private radio stations that cover political events are subjected to editing and approval requirements by local government officials. Broadcasters who deviate from approved content have been harassed, detained, and in many cases forced into exile.
The government has also frequently jammed broadcasts and blocked the websites of foreign and diaspora-based radio and television stations. Staff working for broadcasters face repeated threats and harassment, as well as intimidation of their sources or people interviewed on international media outlets. Even people watching or listening to these services have been arrested.
The government has also used a variety of more subtle but effective administrative and regulatory restrictions such as hampering efforts to form journalist associations, delaying permits and renewals of private publications, putting pressure on the few printing presses and distributors, and linking employment in state media to ruling party membership.
Social media are also heavily restricted, and many blog sites and websites run by Ethiopians in the diaspora areblocked inside Ethiopia. In April, the authorities arrested six people from Zone 9, a blogging collective that provides commentary on social, political, and other events of interest to young Ethiopians, and charged them under the country’s counterterrorism law and criminal code. Their trial, along with other media figures, has been fraught with various due process concerns. On January 14, 2015, it was adjourned for the 16th time and they have now been jailed for over 260 days. The arrest and prosecution of the Zone 9 bloggers has had a wider chilling effect on freedom of expression in Ethiopia, especially among critically minded bloggers and online activists.
The increased media repression will clearly affect the media landscape for the May elections,.
“The government still has time to make significant reforms that would improve media freedoms before the May elections,” Lefkow said. “Amending oppressive laws and freeing jailed journalists do not require significant time or resources, but only the political will for reform.”
Ever since the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF) won 99.6 percent of parliamentary seats in the 2010 elections, the government of Ethiopia has escalated its repression of the independent media, limiting the rights to freedom of expression and access to information. At least 60 journalists have fled their country since 2010 while at least another 19 languish in prison. The government has shut down dozens of publications and controls most television and most radio outlets, leaving few options for Ethiopians to acquire independent information and analysis on domestic political issues. With elections scheduled for May 2015, the media could be playing a key role educating and informing the public on the issues, and providing public forums for debate. But the ruling party has treated the private media as a threat to its hegemony, and is using various techniques to decimate private media, independent reporting, and critical analysis, with drastic results.
Ethiopia now has the most journalists in exile of any country in the world other than Iran, according to Committee to Protect Journalists’ statistics and Human Rights Watch research. Under repressive laws, the authorities frequently charge and the courts invariably convict journalists for their reports and commentaries on events and issues. Individuals like Eskinder Nega and Reeyot Alemu have come to symbolize the plight of dozens more media professionals, both known and unidentified, in Addis Ababa and in rural regions, who have suffered threats, intimidation, sometimes physical abuse, and politically motivated prosecutions under criminal or terrorism charges. Their trials are fraught with due process violations and the courts have demonstrated little independence in the adjudication of their cases.
Most print publications in Ethiopia are closely affiliated with the government and rarely stray from government perspectives on critical issues. Private print publications face numerous regulatory challenges and regular harassment from security personnel. Publications critical of government are regularly shut down, and printers and distributors of critical publications are closed. Journalists critical of government policies and their families live in constant fear of harassment, arrest, and losing their livelihoods. The state controls most of the media, and the few surviving private media self-censor their coverage of politically sensitive issues for fear of being shut down.
This report documents the strategies used by the Ethiopian government to control independent reporting and analysis and restrict access to information. Based on more than 70 interviews with current and former journalists and media professionals, the report describes the dire state of Ethiopia’s media and the resulting impact on freedom of expression and the media.
Despite international outcry over the most publicized cases, the Ethiopian government shows no sign of greater tolerance of independent media voices as the crackdown against independent media escalated in 2014. Ten journalists and bloggers joined the list of journalists under prosecution and five magazines and one newspaper were shut down after a government campaign of threats and intimidation. The campaign included programs on state-run television portraying the publications as supporters of terrorism, harassment of the printing presses that printed the publications, government interference in distribution of publications, and numerous threats from security officials. This culminated in dozens of journalists and several owners of these publications fleeing Ethiopia and criminal charges against the owners. Courts have sentenced three owners in absentia each to more than three years in prison, without any real evidence being presented other than articles that criticized government policies. The trials of the other owners continue.
But beyond the more newsworthy arrests, the government has used various other pernicious yet more subtle techniques to stifle and silence the media. Security personnel subject journalists who write about sensitive political issues to regular threats and harassment. These threats often extend beyond the journalists to their families and friends. Those who do not censor their coverage following warnings are often arbitrarily detained, usually without charge, and threatened and harassed. Outside of Addis Ababa, mistreatment and beatings of journalists in detention are common and are often followed by criminal charges. Many longtime private journalists have been detained numerous times and have received hundreds of threats from security officials, ruling party cadres, and officials from Ethiopia’s ministry of information, now called the Government Communications Affairs Office (GCAO).
The net effect is that Ethiopian journalists have to make the difficult decision between self-censoring their coverage to promote the ruling party’s agenda or providing reporting or commentary that may put them and their families in danger.
In addition to threats against individual journalists, the authorities use various means to stymie the private printing presses where independent media owners print their publications. The state-owned printer, which is the only printing press with the capacity to print newspapers regularly, delays or refuses to print private publications—in one case burning 40,000 copies of a newspaper that published reports the government considered critical. Security personnel are also increasingly targeting and threatening distributors of private publications. Increasingly journalists’ sources are being targeted and individuals are more and more afraid to speak to the media.
Government has stifled attempts to organize independent journalist associations, and security officials conduct extensive background checks into the political affiliations of private publications. The authorities routinely delay required permits and renewals for private publications deemed less than fully supportive of the government and ruling party.
New media has not fared much better. Many blog sites and websites being run by Ethiopians in the diaspora are blocked inside Ethiopia. In 2014, bloggers from Zone 9, a blogging collective that provides commentary on current events in Ethiopia, were charged under the anti-terrorism law and the criminal code after spending 80 days in pre-charge detention. Among the evidence the prosecution cited in its charge sheets was digital security training the bloggers took through Tactical Technology Collective, an international nongovernmental organization (NGO) that provides activists with tools to protect their privacy online. The arrest and prosecutions of the Zone 9 bloggers has had a wider chilling effect on freedom of expression in the country, elevating the level of fear among bloggers and online activists who increasingly fear posting critical commentary on Facebook or other social media platforms.
The picture for radio and television broadcasting is similar. Most of the country’s radio and television stations are state-run and do not offer independent news coverage and analysis. This is critically important given that over 80 percent of Ethiopia’s population lives in rural areas, where the radio is still the main medium to acquire news and information. The few private radio stations that cover political events told Human Rights Watch that local government officials have had to edit and approve their programs days before they are aired. Broadcasters who deviate from the approved content had to contend with detention and harassment by government officials.
Rather than face a life of constant harassment and fear, many journalists choose to work for one of the state-affiliated publications. Some walk the fine line of being as critical as they can be without upsetting the authorities, while others are content to churn out the government propaganda promoting and exaggerating the government’s development successes. Membership in the EPRDF is often a requirement for upward mobility in these publications.
Foreign media has a limited presence in Ethiopia. Both Voice of America (VOA) and Deutsche Welle (DW) join several Ethiopian diaspora stations in providing television and radio coverage. However, the government has used various strategies to limit their domestic audience including jamming of their signals, constant threats and harassment of their staff and their sources, and most recently the targeting and arrest of individuals who are watching or listening to the diaspora-based services.
Since the 2009 enactment of the Charities and Societies Proclamation, independent civil society has largely been eviscerated while severe restrictions on the remaining opposition political parties make a vibrant and independent media sector all the more important for participation in governance and greater respect for human rights in the country. Unfortunately, what little space there was for independent coverage and analysis of news and political events has shrunk even further in 2014. The opportunity for Ethiopian citizens to access different political perspectives and analysis leading up to the May 2015 elections is bleak.
Still, much can be done to improve the media situation in Ethiopia in both the short and long-term. As a first step, the government should immediately drop charges and release detained and convicted journalists and bloggers. Ethiopia’s leaders should realize that a vibrant and independent media contributes to the country’s development. As such, in the coming weeks and months, the government should amend repressive laws used to target the media, including the Anti-Terrorism Proclamation. Authorities should also ensure that both law and practice are in line with Ethiopia’s constitution and international standards.
Recommendations
To the Government of Ethiopia
Immediately drop all charges and release all journalists and bloggers arbitrarily detained and prosecuted under the criminal code or anti-terrorism law.
Repeal or substantially amend the Anti-Terrorism Proclamation and the Freedom of the Mass Media and Access to Information Proclamation so that they comply with the right to freedom of expression under Ethiopia’s constitution and regional and international human rights law.
Amend article 613 of the criminal code to remove criminal penalties for defamation.
Limit government ownership over the print and broadcast media, and take legislative and policy measures, including the removal of barriers to private ownership, that encourage an independent and vibrant private media.
Streamline and depoliticize regulatory processes for new publications and radio stations. Regulatory agencies should be independent and administratively and functionally separate from the state security apparatus and the Government Communications Affairs Office.
Implement reforms to ensure the independence of the Ethiopian Broadcasting Authority (EBA).
Eliminate restrictions on the right to freedom of movement of domestic and foreign journalists throughout Ethiopia, including in areas where serious human rights abuses are allegedly occurring. Instruct police and security personnel to permit freedom of movement of the press. Discipline any officer, regardless of rank, for restricting movement of journalists through threat, harassment, or detention.
Cease blocking and censoring the websites of political parties, media, and bloggers, and publicly commit not to block such websites in the future.
Cease jamming radio and television stations and publicly commit not to jam radio and television stations in the future.
Extend an invitation to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to visit Ethiopia to evaluate the media environment for private print and electronic media and to examine the situation of imprisoned journalists.
To Ethiopia’s International Donors, including European Union States and the United States
Publicly call and privately press for the release of all journalists and bloggers arbitrarily detained and prosecuted under the criminal code or anti-terrorism law.
Improve and increase monitoring of trials of journalists and other media professionals to ensure trials meet international fair trial standards.
Seek access to prisons and detention centers to monitor the conditions of imprisoned journalists and bloggers.
Publicly and privately raise with government officials concerns about freedom of expression and how these human rights violations may undermine development and security priorities.
Provide support for improving the capacity and professionalism of Ethiopia’s media, including the creation of independent journalism associations. Ensure that there are specific opportunities available for journalists with private publications and make special effort to include initiatives aimed at improving media capacity outside of Addis Ababa.
Support efforts to ensure independent newspapers and other publications have access to printing facilities that are not government owned or controlled.
To All State-Owned or State-Affiliated Printing Houses
Impartially print all licensed private publications in an appropriate timeframe and manner consistent with timelines for state-affiliated publications.
To Foreign Radio and Television Operators in Ethiopia
Strengthen procedures for identifying sources that are at particular risk and develop mitigation measures for those sources. This could include consistent use of techniques such as anonymizing the identity of the individual, keeping identities confidential, and making high-profile individuals aware of the risks.
To the Governments of Kenya, South Sudan, and Uganda
Ensure that asylum seekers, including journalists and other media professionals applying for asylum, receive prompt processing of their applications and protection from targeted threats.
Methodology
This report, on the Ethiopian government’s strategies to control independent reporting and analysis and restrict access to information, is based on research conducted between May 2013 and December 2014 in Ethiopia and three other countries.
Over 70 individuals were interviewed, including victims of human rights violations, current and former journalists, other media professionals, and former government officials. Interviews focused on the interviewee’s experiences since the May 2010 elections. All were interviewed individually. Interviews were carried out either in person or via telephone. Interviewees included people from both private and state-affiliated publications and a wide range of backgrounds, age, ethnicity, urban, rural, and geographic origin in order to get as broad a perspective as possible.
Interviews were conducted in English or with interpretation from Afan Oromo, Amharic, or various Ethiopian local languages into English. Several interpreters were used. Human Rights Watch took various precautions to verify the credibility of interviewees’ statements. None of the interviewees were offered any form of compensation and all interviewees were informed of the purpose of the interview and its voluntary nature, including their right to stop the interview at any point. They all gave informed consent to be interviewed.
In addition to interviews, Human Rights Watch consulted court documents and various secondary material, including academic articles and reports from nongovernmental organizations, that corroborate details or patterns of abuses described in the report. This material includes previous Human Rights Watch research as well as information collected by other credible experts and independent human rights investigators. All the information in this report was based on at least two and usually more than two independent sources,including both interviews and secondary material.
In part because the Ethiopian government restricts human rights research in the country, this report is not a comprehensive assessment of the media freedom situation in Ethiopia. Human Rights Watch and other independent national and international human rights organizations face extraordinary challenges in carrying out investigations in Ethiopia given the government’s hostility towards human rights investigation and reporting. As a result it is extremely difficult to assure the safety and confidentiality of victims of human rights abuses. Increasingly, the families of individuals outside of Ethiopia who provide information can also be at risk of reprisals. Ethiopian journalists and other individuals also face significant security and protection challenges in neighboring Djibouti, Kenya, Uganda, Sudan, South Sudan, and Somaliland.
The Ethiopian government routinely denies allegations of serious human rights violations and has regularly sought to identify the victims and witnesses providing information published in human rights reports. In the past the authorities have harassed and detained individuals for providing information to, or meeting with, international human rights investigators, journalists, and others. This heightens concerns that any form of involvement with Human Rights Watch, including speaking to the organization, could be used against individuals, including in politically motivated prosecutions.
Human Rights Watch conducted research for this report inside Ethiopia, but many of the victims were interviewed outside of the country, making it easier for them to speak openly about their experiences. Given concerns for their protection and and the possiblity of reprisals against family members, all names and identifying information of interviewees have been removed, and locations of interviews withheld where such information could suggest someone’s identity. In certain cases, pertinent information has been omitted altogether because of concerns that disclosing that information would reveal the identity of interviewees.
Human Rights Watch wrote to the government of Ethiopia on December 12, 2014, to share the findings of this report and to request input on those findings. No response was received from the government.
I. Background
Ethiopia has some history of a free press. When the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF) coalition came to power in 1991, the media environment was quickly liberalized, in contrast to the situation during the ousted Derg regime.[1] The end of censorship prompted a vibrant free press, but the relationship between the government and the new private press quickly soured in the early 1990s as the media voiced criticism of government policy, particularly on perennially sensitive political issues such as the right to self-determination of Ethiopia’s regions, land tenure, and ethnic representation in government.[2] Dozens of journalists were arrested and accused of publishing false information or violating other provisions of the 1992 press law, which allowed government authorities to detain journalists without charge.[3]
The Ethiopian government relaxed media restrictions ahead of the 2005 elections,[4] but the opening was brief. The election results sparked controversy, protests, and a bloody government crackdown. Up to 200 people were killed, tens of thousands of people were detained, and scores of opposition leaders, journalists, and human rights activists were arrested. Six publishing houses and more than 20 journalists, many of them connected to the publishing houses, were among a group of more than 120 people charged in December 2005 and prosecuted in 2006 and 2007 for “outrages against the constitution” and other crimes, a number of them in absentia.[5]
The impact of the 2005 election controversy on Ethiopia’s media—and on every facet of political and associational activity—has been dramatic. Since 2005 the government has reinforced its strategy to manage and control information flows, including the media, and ensure that its policies are promoted but not critiqued. The government periodically jams radio broadcasts and uses other means to control access to information to the rural audience, which largely depends on radio for information. But events of the past few years show that even the relative tolerance in urban areas like Addis Ababa for greater access to information and media diversity is dwindling.
Since 2008 the government has passed laws to systematically restrict the press. In July 2008 Ethiopia’s parliament adopted the Freedom of the Mass Media and Access to Information Proclamation. The law made some positive changes from the previous media law, such as barring the pre-trial detention of journalists, but it added alarming new features, including broad powers to initiate defamation suits and to demand corrections in print publications.[6] In July 2009 parliament passed the Anti-Terrorism Proclamation, which has been used extensively against the media, both directly and indirectly.
Independent print journalism took a massive blow in December 2009 when Addis Neger, one of the largest independent Amharic weekly newspapers, was forced to close following a campaign of threats and harassment that resulted in most of its senior staff fleeing Ethiopia.[7] The government claimed that Addis Neger had ulterior political motives, while the European Union and the United States embassy in Ethiopia both expressed concern over the declining media space, shortly after Addis Neger ceased publication.[8]
Five months later federal elections were held in an atmosphere of complete ruling party control, resulting in the EPRDF coalition winning 99.6 percent of parliamentary seats.[9]
II. Ethiopia’s Media Landscape
Ethiopia’s media landscape is heavily state-controlled, and dominated by Amharic-language publications and broadcasts focused on events and issues in the capital, Addis Ababa. The Ethiopian Broadcasting Authority has regulatory authority over all media licensing and content for print publications and television and radio stations. It is accountable to the information ministry, which in 2008 was renamed the Government Communications Affairs Office.[10]
Ethiopia’s sole television broadcaster is the state-run Ethiopian Broadcasting Corporation (EBC, formerly known as ETV) and its regional affiliates. Satellite television is increasingly common with Al-Jazeera and BBC World News drawing significant numbers of viewers, particularly in Addis Ababa. Two diaspora-run television networks, Ethiopian Satellite Television (ESAT) and Oromia Media Network (OMN), are increasingly popular.
The 81 percent of Ethiopians who live in rural areas[11] are largely dependent on state-controlled radio and television broadcasts, particularly radio.[12] The few private licensed radio stations tend to steer clear of politics and sensitive content and focus on issues such as sports or entertainment.
Print publications are almost exclusively in Amharic, focus heavily on Addis Ababa, and are usually only available in major cities.[13] According to one source, 49 percent of respondents in Addis Ababa read newspapers, but only 9 percent of respondents in Oromia region and 14 percent in Amhara region do.[14] Print publications have traditionally offered critical analysis and political opinion.
According to the EBA, as of April 2014 there were 17 licensed newspapers (9 of which focus on political, economic, and social affairs) and 20 licensed magazines (11 of which focus on political, economic and social affairs) in a country of more than 90 million people.[15] There are a variety of state-run and private printing presses that can print magazines but only one large, state-run printer that can consistently print newspapers. For a list of publications licensed by the EBA as of April 2014 that cover political, economic, and social issues, see Annex II.
Social media use is limited given that just 1.9 percent of the population has access to the Internet.[16] Internet access is much higher in Addis Ababa and other cities and it is an increasingly important medium to access information that is otherwise unavailable given restrictions on traditional media.[17] The Internet and social media are playing a growing role in conveying ideas, information, and perspectives among the young and educated.
The ruling party’s high level of repression of Ethiopia’s media environment has already had an adverse impact on the 2010 elections and bodes ill for Ethiopia’s next elections, scheduled for May 2015. Open and vibrant space for both traditional and “new” media plays a critical role in the spread of ideas and information, stimulates political debate, and shapes public perceptions about current events and issues. The media also plays a fundamental role in ensuring that different political perspectives and opinions are represented, an especially important element in any free and fair election contest.
III. Abuses against Media Professionals and Sources
It is simply part of what we do. If you want to write anything that is not pro-government you will receive these threats and harassment against your life and your family. For a lot of us it is terrifying and we limit our writings as a result. For those that refuse to do that, the pressure and strategies get worse until eventually we are in prison or we are exiled from our homeland.—Recently exiled Ethiopian journalist, October 2014
The Ethiopian government uses a variety of techniques, including targeting individual journalists with threats and prosecutions and regulatory measures against publishers and printers, to restrict critical analysis of political events and public discussion of divisive issues. The government’s apparent aim is to ensure that media promote—and never criticize—government initiatives and policies.
Journalists working for both state and independent publications told Human Rights Watch that they are being targeted through these various techniques, which often escalate in severity over time. If mild threats do not silence critical journalists then harsher techniques are used. As one exiled journalist said:
They use every tool in their toolbox to shut you up … and because they control everything in the country they have many ways to keep us down. If one technique does not work they use something else to beat us down until we just can’t fight anymore. Eventually we just give up and end up here [in exile].[18]
The most common technique employed against the media is threats and harassment by ruling party cadres, government officials, and security officials. Independent journalists are forced to self-censor or face a distinct pattern of threats and intimidation against them as described in the following subsections, while journalists with state-affiliated media outlets report being under constant pressure to promote EPRDF programs and priorities and to refrain from undertaking journalism seen as contrary to those priorities.
Attacks, Arbitrary Detentions, and Harassment of Journalists
Owners and editors of publications that are regularly critical of government policy or journalists who are known to write critical articles face regular and intense pressure from security officials. While some of these publications are viewed or indeed are connected with registered opposition parties, many seek to be independent, offer perspectives from all sides of the political spectrum, regularly seek the perspective of government and opposition parties alike, and generally meet the norms of independent journalism. At the same time, there are often-voiced concerns about the quality and professional standards of some of these publications. Those publications or journalists with real or perceived professional or personal ties to opposition parties, both registered and unregistered, seem to be under increased scrutiny.[19]
Once a critical article is published, authors or managers of the publication regularly receive threatening phone calls and text messages from ruling party cadres and security officials. A journalist who wrote an article critiquing the government’s approach to development issues said, “They would threaten me to stop working against the government, and promise me a better life if I would work in their favor.”[20] Many other individuals received text messages or phone calls from unidentified sources with various unsophisticated threats.
Sometimes security officials confront journalists on the street; in other cases police summon individuals to the federal police center, known as Maekelawi, or the Government Communications Affairs Office for questioning or interrogation.[21] Occasionally the individuals identify themselves as security officers, but often they do not identify themselves. In such cases, detentions are usually for short periods, no more than a couple of days, and mistreatment infrequent.
A freelance journalist who worked for Fact magazine said that after he wrote an article that criticized the government, the authorities accused him of being a foreign agent. “I criticized the government’s approach to foreign NGOs and [said it] was over the top. I was told by security officials: ‘You are an agent of a foreign enemy, you are trying to destabilize the country so you will be responsible. The next time you will see. We will not take you to prison but you will see’.” The journalist told Human Rights Watch that the threats terrified him: “Now I am more careful what I write. I cannot be as open as a journalist as I was before.”[22]
A journalist, who had worked for Feteh and Le’elina newspapers and the Addis Times magazine, described repeated harassment and threats to his family:
The government secret service agents started following my every movement and tried to stop me from working forFeteh by discouraging and insulting me. One morning I was walking to work when a well-built man called me by name and forced me to accompany him to a red hatchback. There were two other people in the car. As the driver started the engine the one who sat next to the driver started telling me in detail how my parents and my sister spend their time, where they work, at which hour of the morning my mother usually went to church. He threatened me that if I care about my family then I should stop working with Temesgen Desalegn [the owner of Feteh]…. I was afraid not just because they were repeatedly pointing their gun at my face but because I did not want to cause any danger to my parents.[23]
He eventually fled the country out of fear for his own safety. After several years of threats and arrests due to several opinion pieces published in Feteh, Temesgen Desalegn was charged in August 2012. A court convicted him of incitement and criminal defamation and on October 27, 2014, was sentenced to three years in prison.[24] The publisher of the now-defunct Feteh, Mastewal Birhanu, was also convicted in absentia.
Many journalists told Human Rights Watch that these types of threats are common. They said that officials made repeated references to the anti-terrorism law and the treatment meted out to other journalists, particularly imprisoned journalists Reeyot Alemu and Eskinder Nega, to instill fear.[25] Experienced journalists with private publications reported receiving dozens, sometimes hundreds, of these threats via telephone, text message, email, and in person.[26]
Several journalists reporting on sensitive subjects said that senior officials of the Government Communications Affairs Office, including GCAO state minister Shimeles Kemal, invited them to meetings. The owner of Jano magazine said:
In June 2014, after I wrote about the Muslim protests,[27] I was called by the police to come to Maekelawi. I went there and then was taken directly [by car] to the office of Shimeles Kemal [at GCAO]. I was told by his employees, “This Muslim issue is calming down but you are inciting by writing on this.” After I left there I was followed home, I received phone threats over the following days.[28]
Another journalist described the progression of threats leading to eventual criminal charges:
After many threats and harassment, we continued our reporting as usual. I received calls warning, “Stop doing this action, or you will get a big punishment.” And then they started calling on my home line. They also started intimidating my family. They told my mother, “Tell your children to stop what they are doing.” More than 20 people called, different people, different numbers, some called from the number that we all know at Maekelawi, some from security. They had information about my family throughout the world. They knew everything. One person kept calling wanting information on my sources. I refused. He then asked about my connections with CPJ [Committee to Protect Journalists], Article 19, and then the threats became harsher: “You will taste the consequences like Eskinder Nega.” Once we published an article about the arrest of Andargachew [a Ginbot 7 leader and UK citizen] in Yemen, the threats became unbearable: “We will kill you since you refuse to stop.”[29]
Shortly thereafter, the authorities shut down his magazine and filed criminal charges against the owner.
Many journalists unsurprisingly soften their positions following constant threats and harassment. For those who do not, arbitrary detention is often the next step. The authorities will conduct interrogations to intimidate the individual into backing down from their critical coverage. They frequently follow a line of questioning about who finances the newspaper and will attempt to connect the publication to the banned political opposition party Ginbot 7, the diaspora television network ESAT, and various foreign nongovernmental organizations or other foreign organizations.
Since mid-2014 the authorities have more frequently questioned journalists about their connections to freedom of expression organizations such as Article 19 and the Committee to Protect Journalists. They regularly question ethnic Oromo about alleged connections to Oromo opposition groups, such as the Oromo Liberation Front (OLF). Other times questioning involves pressure to reveal sources of information. Security officials usually continue the harassment after release, encouraging friends and family to pressure the individual to censor their writings, while constantly using the threat of criminal charges under the anti-terrorism law as a final incentive.
A journalist working for Finote Netsanet,a publication connected with the registered opposition party Unity for Democracy and Justice (UDJ), described the threats and his eventual arrest and detention in August 2014:
I was walking near [a location in Addis] with my friend, and one black car stopped ahead of us. Someone got out and told us to get into the car. They showed us their pistols, we got in, they covered our faces with blindfolds, and they took us to a villa somewhere in Addis, and took off our blindfolds and they threatened us. They told me everything about my family: my children’s names, where they go to school, what [my son’s] clothes are, what my wife looks like, all my history, all to scare me. For the next 10 hours, they pointed guns at our heads, insulted us, and warned us to stop writing anti-government stories. They released us after 10 hours of this. They asked me about connections with foreign organizations like Article 19 and CPJ, and asked about my connections to specific ESAT employees. They forced me to give up my password for Facebook, Twitter, and email. I interviewed [a CPJ employee] for a magazine, they even brought that magazine when they interrogated me, and went through it.[30]
The authorities have also targeted entire publications. In mid-2014 in a tactic repeatedly used against human rights groups, organizers of the Muslim protests, and others, the Ethiopian Broadcasting Corporation produced and aired propaganda programs that vilified specific magazines and newspapers.[31] The programs zoomed in on the front covers of five publications and suggested they were against Ethiopia’s development, were trying to “destabilize” the government, and were being used as the mouthpieces of terrorist organizations. The owners of the publications told Human Rights Watch that the impact of the programs on their magazines included a decline in sales and in advertising, a reluctance of freelance journalists to work for them, and increased difficulty finding printers and distributors.[32] A former resident of Addis Ababa said: “I used to be a regular reader of Afro Times [one of the targeted publications] but after the documentary when they said it was supporting terrorism, I was afraid to be seen buying it or reading it. I knew it wasn’t true but that doesn’t matter in Ethiopia.”[33]
Any articles viewed as critical of Ethiopia’s development programs, coverage of politically sensitive topics such as public protests, or articles focused on any of the organizations Ethiopia has deemed to be terrorist organizations have caused particular problems for their authors and publications.[34] One sensitive topic that triggered escalated threats by security officials was the health of longtime Prime Minister Meles Zenawi, who died in August 2012.[35] One journalist wrote a series of editorials on Meles, including one criticizing the secrecy surrounding his health in the weeks before his death. The journalist said:
Somebody from Maekelawi called me to office #38 at Maekelawi in August 2012, because of my editorial[s]…. They told me to stop writing or I would be prosecuted under the anti-terrorism law. I was there for eight days before being released on bail…. There was no political motive [to my editorials]. They were looking for information on who I was working with and why I was writing these articles. They would beat me with a stick on the back of the head. My family did not know where I was. For three days they would beat me at night.[36]
Journalists report also having problems with officials when they try to report on abuses by the Ethiopian National Defense Force or other security forces including in the Somali, Gambella, or Oromia regions. Coverage of controversial criminal trials also causes problems. For example, several people told Human Rights Watch that they faced difficulties after providing commentary on the trials of the Zone 9 bloggers in 2014.[37] One person working for a private magazine described reprisals for tweeting from the Zone 9 trials: “They would continue their harassment during the [Zone 9] trials. They would talk about what I was writing and say: ‘Always you are exaggerating, you are degrading the country’s stature again.’ I should be able to write about what is said in a courtroom, but they wanted to stop me.”[38]
Criminal Charges against Media Professionals
The Ethiopian government has charged at least 38 journalists with various crimes under the Anti-Terrorism Proclamation or the Criminal Code since the 2010 elections.[39] In all cases, security officials threatened and harassed individuals before criminal charges were filed. In most cases they were charged with criminal defamation or “inciting the public through false rumors,” grounds that should not be the basis for criminal punishment. Serious due process concerns, including lengthy pre-charge detentions, no access to legal counsel, and absence of judicial independence, marred all of the nine trials that Human Rights Watch monitored.[40]
The following section summarizes five cases.
Reeyot Alemu Gobebo, a school teacher and regular contributor to the weekly newspaper Feteh, was arrested in June 2011. In January 2012 she was sentenced to 14 years in prison under the anti-terrorism law and the criminal code.[41] According to court records, she was accused of accepting a terrorist mission, and was responsible for “the collection and transfer of information helpful for terrorist action” based on innocuous emails accessed from her email account while she was in custody.[42] In August 2012 two of the charges were dropped on appeal and her sentence reduced to five years. Evidence introduced at trial included intercepted phone calls and emails with journalists in the diaspora. In 2013 she received the UNESCO/Guillermo Cano World Press Freedom Prize and Human Rights Watch’s Hellman/Hammett press freedom prize.[43]
Woubshet Taye Abebe and Elias Kifle were both convicted under the anti-terrorism law and criminal code. Elias is the editor of Washington DC-based Ethiopian Review and was sentenced to life in prison in absentia. The website of Ethiopian Review is now blocked in Ethiopia.[44] Woubshet was the editor of Awramba Timesand is currently serving a 14-year sentence. Intercepted phone calls and emails were key pieces of evidence in the trials—none of which were acquired through appropriate legal channels and should not have been admissible in court under Ethiopian law.[45] In October 2013 Woubshet received the Free Press Award from the CNN MultiChoice African Journalist Awards.[46]
Eskinder NegaFenta has repeatedly faced government hostility for his journalism and blogging, with eight arrests and detentions since 1993. Eskinder and his wife, Serkalem Fasil, were imprisoned for 17 months following the 2005 elections. In 2011 Eskinder wrote articles about the Arab Spring uprisings and called for peaceful protests. In July 2012, after nine months in detention, he was sentenced to 18 years in prison for conspiracy to commit terrorist acts, as well as participation in a terrorist organization and treason. Five other journalists were charged at the same time and sentenced to between eight years and life in prison, mostly in absentia.[47] In 2012 Eskinder received the PEN/Barbara Goldsmith Freedom to Write Award and in 2014 won the Golden Pen Award of Freedom.[48] In December 2012 the UN Working Group on Arbitrary Detention concluded that Eskinder’s detention was arbitrary and called for his immediate release and reparations.[49] Eskinder remains in prison. In October 2014 Eskinder and Reeyot filed an appeal with the African Commission on Human and Peoples’ Rights asserting that their convictions and imprisonment violate their rights to freedom of expression and to a fair trial.[50]
In July 2012, at the height of the Muslim protests in Ethiopia, chief editor Yusuf Getachew at Muslimoch Guday (Muslim Affairs) magazine was arrested and charged with incitement under the anti-terrorism law. He had written articles about the Muslim protests and the concerns of protesters that the government was interfering in religious affairs.[51] Yusuf’s charge sheet states that “he [Yusuf] has established media that preaches Islamic extremism after he has taken full responsibility of the media he has printed and reported articles that are violence initiators.”[52] Lawyers for Yusuf allege he was mistreated in detention.[53] In January 2013 managing editor Solomon Kebede was also arrested and charged under the anti-terrorism law in February 2013. The publication ceased operations after Yusuf’s arrest. Other staff members fled the country.
The crackdown escalated in 2014. In April six members of the prominent blogging collective Zone 9 were arrested in Addis Ababa, alongside three journalists. Blogging under the slogan “we blog because we care,” the Zone 9-ers covered social, political, and other events of interest to young Ethiopians. The six bloggers in custody are Atnaf Berahane, Befekadu Hailu, Abel Wabela, Mahlet Fantahun, Natnael Feleke, andZelalem Kibret. Soliana Shimeles, a seventh blogger, was charged in absentia. Three journalists,Tesfalem Waldyes, Edom Kassaye, and Asmamaw Hailegiorgis, an editor at weekly magazine Addis Guday, were arrested in April.[54]
All 10 were charged under the criminal code and anti-terrorism law in July 2014. Their trials, marred by various due process concerns, continued at time of writing.[55] According to the charge sheet, evidence presented to support the charge included their participation in a digital security training course organized by the Tactical Technology Collective.[56]
The crackdown continued in August 2014 when the Ministry of Justice said in a press release that six magazines and newspapers—Lomi, Enku, Fact, Jano, Addis Guday, and Afro Times—had been charged with “encouraging terrorism, endangering national security, repeated incitement of ethnic and religious hate, and smears against officials and public institutions.”[57] The press release was the first that their owners and editors heard about the charges. The charges followed a lengthy campaign of threats and harassment from security officials, ETV accusations that the publications were a “mouthpiece for terrorist groups,” and targeting of their printers and distributors.
The charges focused on various articles that appeared in the magazines. For example, the charges against Lomimagazine’s owners were based on three articles, including one titled: “The Adornments of Terrorism.” According to the charge sheet, the article stated: “It is not too long ago that EPRDF, worrying for its power, has started hunting and incarcerating, all in the name of terrorism, journalists and strong dissidents who, in the spirit of competitiveness, are raising opposing ideas.”[58] Another article cited on the charge sheet was written by British freelance journalist Graham Peebles.[59] On October 7, 2014, Addis Guday publisher Endalkachew Tesfaye, Lomi publisher Gizaw Taye, and Fact publisher Fatuma Nuriya were sentenced in absentia to between three and four years each.[60]
Targeting of Sources, Interviewees, and Informants
Ethiopian security officials often target individuals who speak to the media. Journalists at various media outlets told Human Rights Watch that in the past 12 months it has become increasingly difficult to find witnesses to events and experts who are willing to be interviewed from inside Ethiopia. This is even more of a challenge for foreign-based media such as the Voice of America, Deutsche Welle, Ethiopian Satellite Television (ESAT), and Oromia Media Network.
Much of the reluctance to be interviewed stems from increasing fear of speaking out on sensitive issues, and there have been cases in which security officials have singled out individuals because of their connections with these foreign broadcasters. In most cases the officials just warned them, but several cases resulted in people being detained. Five individuals Human Rights Watch interviewed were arrested because they had phone conversations with media outlets. Pervasive telephone surveillance, both real and perceived, has dramatically limited the amount of information that is communicated to media via telephone both within Ethiopia and internationally.[61]
One well-known Addis Ababa-based journalist who works for a large state-affiliated publication described the challenges of gathering information in rural areas:
There is little coverage of sensitive events outside of Addis. It’s expensive for us to go there and local officials often make it hard for us to speak with people. And then when we get there people are just too afraid to speak. If they don’t know you they won’t speak. I speak their language [but] it doesn’t matter. But I understand: if they speak to me someone will know and they will have problems.[62]
A journalist for TV Oromia, a state-run television broadcaster, who said that she was accompanied by local security officials when interviewing students about arrests at Adama University in June 2013, told Human Rights Watch:
I recorded what they said about how government was trying to portray them as terrorists, but they were just students trying to learn. The people I was with [security officials] took them away to another room; two and a half hours later they came back and they were crying and were shaken up. Their story had changed completely and they told me how they had planned to blow up government institutions and public places. They clearly were just students who had been threatened. I left the campus right there so angry with my government, and after that I had many problems with security officials at my workplace. I was compelled to report to security every day after that.[63]
Shortly thereafter she was removed from her position and now lives abroad.
These government techniques have been very effective at suppressing independent voices within Ethiopia’s domestic media. But they are ineffective against foreign and diaspora media who, given that they are based outside Ethiopia, cannot as easily be intimidated into silence. For these outlets, the government uses various strategies including jamming of broadcast signals and systematic targeting of their sources, informants, and anyone who shares information with them.
Human Rights Watch documented 10 cases of individuals being targeted for speaking to VOA, ESAT, OMN, or other foreign stations. For example, in December 2010 a man who had been displaced from his land in Gambella to make way for investors described his experience to VOA. Shortly thereafter he and his colleagues were forced to flee Ethiopia into South Sudan amid threats from security personnel. Their photographs and information had been shared by Ethiopian security officials with their security colleagues in South Sudan.[64]VOA had used a pseudonym but had not altered his voice or the details of the story. Given the small population of both his ethnic group and the town he lived in and the content of the story, his identity was evident to government officials. The individual now lives in a refugee camp in a neighboring country. According to the VOA reporter on that story, he asked the individual if he would like to use a pseudonym or alter his voice. The individual, either unaware of the risk or enthusiastic to share his story, declined these protections and has now has been compelled to live abroad.[65]
In March 2014 the diaspora-run Oromia Media Network began operating. OMN is a private satellite television channel that focuses on news and analysis of events in Oromia region, Ethiopia, and the greater Horn of Africa.[66] Government officials have subsequently threatened viewers and harassed individuals who have provided information to OMN. An independent documentary filmmaker said he was threatened by security personnel after being contacted by a high-profile individual within OMN to ask for technical advice:
I was called by security personnel to come to the local council office where they told me, “There is much data that is going to OMN, all of this data must be coming from you, you are giving technical support to OMN. Since they are terrorists, you are assisting terrorists. We understand what you are doing, if you do not stop it will be your end.” I had only communicated via phone with OMN but I stopped communication at that time because I was afraid, but the harassment continued from security officials.
Two weeks later he fled the country fearful for his life.[67]
An employee from a woreda (district) in Oromia spoke to VOA about the failure of the government to payworeda salaries on time. After appearing on VOA’s Afan Oromo service he was arrested. He told Human Rights Watch:
They [the authorities] told me I was a terrorist and put me in jail for 21 days. I was beaten each night for the first week and they would burn me on my arms with their cigarettes. They chained me to a table and would beat me and hit me with sticks while they accused me of exposing government secrets to the foreign media. Since I have been released they have not allowed me go back to work.[68]
In another case, a radio journalist was attempting to cover a story on displacement due to clashes between Somali and Oromo communities in eastern Oromia in 2013, but security forces stopped him from accessing the area. He told Human Rights Watch: “We couldn’t cover the story but VOA managed to report on it. I was then arrested for three months because they said, ‘We deprived you to cover this so you leaked it to them’.” The journalist said he was interrogated nightly for two weeks: “They would ask me to confess to leaking information to VOA. They also wanted me to work with them and provide information on others. I refused. They would beat me with sticks. I have scars all over my body from this.” He was never charged, and never saw a lawyer during his three months in detention.[69]
A man working for Ethio Telecom in a very remote area in Southern Nation, Nationalities and Peoples’ Region (SNNPR) described being pressured by the authorities to monitor who was using the VSAT phone in the local Ethio Telecom office. This was the only phone available to the community and during times of conflict between local ethnic groups, individuals within those communities spoke to Voice of America and Deutsche Welle. He said, “I was supposed to monitor who was using the phone and record any phone calls that were suspicious. When the information began appearing on VOA/DW, I was arrested and spent 18 days in prison for allowing this to happen.”[70]
Exiled Ethiopians reported being intimidated by both foreign and Ethiopian security officials outside of Ethiopia once they appeared on ESAT or VOA. Several individuals told Human Rights Watch that they spoke to ESAT or VOA about their ordeals and the rights abuses they were subject to inside Ethiopia after they sought asylum abroad. One man said:
I spoke to VOA in December 2012 about my experiences in Ethiopia and then became a target of the police in Nairobi. I had five interactions. In one case they had Ethiopian people with them who told me, “In Ethiopia you oppose government policy. When you leave, you speak about human rights. You didn’t stop your mission, this is a problem. This is not good for our reputation.”[71]
Other individuals said that their family members inside Ethiopia were targeted once an exiled family member appeared on VOA or ESAT.
Both ESAT and VOA use various strategies to protect the identities of individuals including using pseudonyms, altering voices, and omission of certain details, but these techniques seem to be used inconsistently. Individuals, particularly from rural areas, also seem largely unaware of the risks of speaking to these outlets.
Threats and Harassment from Opposition and Diaspora Groups
Journalists from both state-run and private media reported that threats, harassment, and intimidation came not only from government officials but also from opposition groups, particularly those groups in the diaspora. One journalist based outside Ethiopia said:
We are accused of being mouthpieces of [EPRDF], but then we are accused by the government of being the mouthpiece of Ginbot 7. We can’t win…. From a repressive government you would expect it, but from diaspora trying to paint themselves as an alternative, it is unacceptable. Being an independent journalist does not mean siding with the opposition, it means looking at the issues of the day in a critical manner regardless of who gains politically. But if we do not criticize the government for everything, the opposition media attacks us mercilessly with online smear campaigns and by email, phone, and even in person.[72]
Different diaspora journalists have described receiving threats via telephone, email, and in person from unknown individuals.
IV. Regulatory and Other Restrictions on Media
The Ethiopian government uses various strategies and techniques to close down publications that are deemed to be too critical. Private publications close because key individuals are imprisoned, because of excessive harassment of staff, lack of options for printing the publication, and because of financial difficulties brought about at least in part by government harassment, or denial or revocation of required licenses. In other cases government officials de facto shut down publications, although it is rarely clear who is responsible or under what authority.
For example, Lomi magazine employees arrived at their office one day in July 2014 to find a notice on the door that the magazine had been “shut down.”[73]
Many publications produce one issue and then close after publication under pressure from security officials. A publication owner told Human Rights Watch:
They [security officials] harassed my staff, they targeted my printers, they detained me three times, they accused me of supporting terrorism, they kept asking questions about where our financing came from, they threatened us with closure, and then our landlord started threatening us. It was too much, so we just closed. They didn’t legally shut us down but did everything in their power to ensure that we shut down. If I didn’t do it myself, eventually they would’ve done it formally for me.[74]
A man who worked for a radio station in Oromia described a verbal order to close:
After Meles died, the radio station was closed down because we did not use the exact wording regarding the public displays of mourning that we were told to by government. We indicated the mourning was optional, not mandatory. They gave us specific words to read on the air in our story and we changed them to make it optional.
The man told Human Rights Watch that his movement was restricted after the closure: “We were called to the zonal office in Harerghe and were told by the chief administrator of the zone, ‘This station is supposed to reflect the government message but you were straying from your mandate so you are closed’.”[75] The radio station never reopened.
Politicization of the Regulatory System
The government of Ethiopia uses its regulation of the media to stifle new private publications. Rather than regulators overseeing the media industry in line with international standards, publications that are not affiliated with the ruling party are subject to onerous background checks and regular interactions with security officials. A variety of new magazines and newspapers told Human Rights Watch about the difficulties they faced in acquiring the necessary broadcast license despite meeting all requirements.
While the Ethiopian Broadcasting Authority has the legal authority to regulate media, according to the Broadcasting Service Proclamation it is ultimately responsible to the Government Communications Affairs Office, the former Ministry of Information. The GCAO is accountable to the prime minister, making the EBA far from an independent regulatory authority.
Any licenses acquired from the EBA are fraught with delays and questioning about the background of the individuals involved, the financing of the organization, and the political orientation of key employees.[76] This line of questioning goes far beyond the mandate of the organization as outlined in the Broadcasting Service Proclamation and the Freedom of the Mass Media and Access to Information Proclamation.[77]
A journalist described the process: “Once you apply for the license, they ask with whom you have relations, both inside and outside of the country. It is very difficult to get the permits to do your work, they study your background—your family, your friends, your history, and your political connections. It’s all about politics and control and whether you are likely to criticize the government in your writings.”[78]
In rural areas similar challenges exist. An Afan Oromo magazine started publishing without proper registration. Its first issue covered cultural issues and sports along with an analysis of the right to education in Oromia. Following that issue, the publisher became aware of the requirement for a permit—he applied and was refused by federal authorities in Addis Ababa. Security officials then called and threatened him because of the content of the first issue. The magazine ceased production after just one issue.[79]
Even if a publication has the necessary permits and licenses, renewals are used as another pressure point against critical journalists. In January 2013 the EBA declined to renew the professional competence certificate of then-Addis Times publisher Temesgen Desalegn because he had not reported a change of address and ownership of his newspaper’s shareholders, and failed to “submit the required two copies of every edition within 24 hours of their dissemination.”[80] This excessive action was taken after officials had repeatedly warned Temesgen about his critical coverage.
Efforts to establish private radio stations are equally fraught with problems. An individual who wanted to launch a new private radio station said, “We had raised money from Ethiopian investors since Ethiopia does not allow foreign citizens to invest in media. We carried out a scoping mission in Addis. When I was leaving I was stopped at the airport and was questioned by security officials about my work as a journalist, what I intend to achieve in opening broadcast media in Ethiopia, as well as my journalism colleagues, resulting in me missing my flight. They took my belongings only returning them five days later.” He added, “Their final message to me was ‘We know you inside out. We know you try to be an independent reporter but I can assure you if you work with us not only will you get the license you will get land and benefits. Be wise’.’’ The station was never established.[81]
International broadcasters, including VOA and DW, reported difficulties in getting licenses for stringers to work in Ethiopia.[82] A foreign journalist or an Ethiopian journalist working for a foreign station in Ethiopia is required to have a license.
There is no legal justification for media regulations to be used for political purposes either to deny licenses altogether or compel censorship of critical coverage.
Rewarding Political Patronage
Within state-affiliated publications, a number of journalists told Human Rights Watch that they were being pressured to join the EPRDF ruling party. A number of journalists who refused to join in “order to maintain our independence” faced problems and, in interviews with Human Rights Watch, they mentioned the lack of party membership in several cases as a reason why individuals had not been promoted or wages were deducted. Several journalists reported joining the ruling party after pressure against them became too strong. One journalist said: “Whenever there was an opportunity for promotion or to work on an interesting story they bypassed me for someone with far less experience because I refused to join the party. Finally I gave in and joined and I was immediately promoted, given a salary increase, and the problems I had had stopped.”[83] This journalist still works for one of the leading Addis-based government-affiliated newspapers.
A government official within a woreda communications bureau said:
Historically I was known as a member of a [registered] opposition party, so if I was to work in that office they forced me to be a party member. When I would refuse they will give you another label—opposition, terrorist, and so on. They detained me twice in a military barracks because of this. I saw what happened to my colleagues who gave in and joined—they give you improved positions and salaries. For example, the one who manages me didn’t complete high school, he is an OPDO member[84]—me, I completed university but refuse to be a member. There is always a conflict with those people—they work with the interest of the party and nothing else.[85]
Pressure to join the EPRDF also existed in journalism programs in major universities—in some cases this pressure was very direct with potential members being told they would receive good jobs in newspapers or television stations after they completed their studies if they joined. In other cases it was more indirect—party members would get invited to more networking events and training opportunities.[86]
Restrictive Financial Environment
In Ethiopia, where literacy levels are low, particularly outside of major cities, and discretionary household income is low, it is very difficult for private publications to remain financially solvent. Given direct and indirect government control over various parts of the media supply chain, the authorities use this control to restrict revenues and increase expenses—making it more difficult for small publications to remain financially solvent. One owner of a now-defunct magazine told Human Rights Watch:
Our [profit] margins are low to begin with. What little profit we have disappears when government targets us and our printers. When we have to bail out our employees it costs us financially. When they don’t like what we write, they accuse us of not paying taxes and our taxes go up. When government calls us terrorists or says we are working to destabilize the state, then people are afraid to buy our magazine and advertisers won’t advertise, so our revenues drop…. In these cases, the outside world sees that a small newspaper couldn’t make it financially, which happens, but in reality government harassment is driving our costs up and our revenues down…. In the end we can’t pay our staff enough and we can’t make enough money to survive.[87]
Targeting Printers and Distributors
Private publications have tried to pool resources and import expensive newspaper printing equipment but they allege their equipment gets tied up in bureaucratic delays at Ethiopian customs for years on end.[88]
Given challenges with the state-run Berhanena Selam Printing Enterprise (BSPE) and the lack of options for private printing presses, many new publications opt for magazine format because the equipment is cheaper, easier to import, and paper is more easily acquired. However, magazine printers are also under similar threats and pressure from security officials once a private magazine is known. One magazine owner said, “Once we print something government doesn’t like, it then becomes very difficult to find anyone to print our magazines. They are either pressured from government not to print or just scared of being associated with content that is not government propaganda.”[89]
Printers who refuse to yield to government pressure have faced higher than usual taxes on imported paper, regulatory challenges, occasional closures, and loss of lucrative contracts with government sponsored publications. Some printers have closed doors completely because of these challenges, unable to compete financially with the larger state-run printer.[90]
As a result of such threats and intimidation, private printing presses often refuse to print private publications. Virtually every private print publication had serious challenges finding a printing press that is willing to print. Some printing presses will take on publications when print runs are small, but once those publications reach a certain size of print run they come under pressure from security personnel to refrain from printing copies.
In other cases, security officials made no direct threats per se, but the fear of being associated with the magazines resulted in the printer dropping them. After Lomi, Addis Guday, and Fact were charged under the criminal code in August 2014, their printers stopped printing their publications. One well-known private printer who published one of the five magazines that were charged in 2014 stated: “After the [magazine] was charged, a plainclothes security officer came to me and told me not to print that magazine anymore. He said ‘If you print again you will go to jail.’ I signed a form so I will not print them anymore. It’s not worth it.”[91]
In several other cases, government officials apparently offered printing presses very lucrative contracts for school examinations or school books as an incentive to printers to stop printing private publications.[92] As one printer told Human Rights Watch, “Given government control of key sectors if you want to survive as a printer you need government contracts. You won’t get those if you publish private publications, none of which get us enough revenue to make it worth taking the risk.”[93] In one case, a security official allegedly told a printer directly they would receive lucrative government contracts if they stopped printing one specific private publication.[94]
In an attempt to protect printers from any crackdowns against the publications themselves, many private publications contain the disclaimer inside the front page: “Any article/s printed on this newspaper is/are not related to the printing press.”
Many private publications state that lack of printing options caused their publications to go out of business. The owner of one private news magazine with a circulation of between 12,000 and 20,000 copies said:
Things were fine until I published an article about Ginbot 7. For the first time I even used their name in that article. My printer dropped me, I went to [another printer], they refused, then to [yet another printer], and they refused. In all I went to 16 different printers. They all refused because they were scared and I could not print my magazine anymore.[95]
A number of publication owners and editors in chief told Human Rights Watch that cadres or security officials had targeted their distributors in the same way as printers. The owner of a private magazine said, “Security officials came to the office and asked for a list of the distributors we were using. They then went and told them not to distribute our magazine anymore. We had 30 or 40 distributors.” But the pressure did not stop there according to the owner. “Then they went and pressured the magazine sellers. Most of those that were new sellers would just stop, the more experienced ones would take less copies…. We also heard of security agents coming and grab the papers from the sellers.”[96]
Large-scale distributors are state-affiliated and several publications report that once a private newspaper becomes more known then distributors take less copies, or refuse outright to distribute what copies they take. They said that publications are confiscated from shops or from newspaper sellers on the streets in Addis Ababa, either by uniformed police or by unknown persons. There have been reports of some distributors being arrested for continuing to distribute certain private publications but Human Rights Watch was not able to confirm these incidents.
Targeting Advertisers
Advertising revenues are crucial for any media publication. The majority of advertising revenues in the media sector come from government agencies or parastatal companies, both of which advertise primarily in state-affiliated publications.[97] Given high levels of state ownership in key industrial sectors, the extent of private business that is able to offer advertising revenues to private publications is very limited.
Many smaller, private advertisers choose to avoid aligning themselves with private publications in order to avoid government reprisals. While this seems to be largely from the fear of being associated with the publications rather than direct threats from security officials, Human Rights Watch did find several situations where advertisers had been directly or indirectly warned by government not to advertise in private publications.
The owner of Enku magazine said: “Once you are cast in that light by the government, no advertiser wants to be near you. After the first ETV documentary, most of our advertisers dropped out, even those that had a contract with us broke the contract. They were just too scared.”[98]
Individuals at Feteh told Human Rights Watch that a regular advertiser told them: “‘We cannot advertise, we are afraid, we got an order from the government. Your paper is dangerous….’ They tell us we can’t advertise anymore or we will face problems.”[99]
The offer of lucrative government advertising was also used as a lure to limit critical coverage in private publications. At least one editor and owner of a private newspaper that was struggling financially said that security officers repeatedly told him on the phone and in person at the GCAO that if they limit their critical coverage of political issues they would receive lucrative government advertising contracts:
This is a huge lure for a small newspaper. It is very difficult to survive financially as a private paper. Government advertising revenues that allow the state papers to be comfortable financially aren’t available for us as long as we do not write pro-government articles.[100]
V. Suppressing Access to Information
Restricting Movement of Journalists
Ethiopian authorities regularly limit the ability of both Ethiopian and international journalists to access sensitive areas and investigate important events, both within and outside Addis Ababa.
While Ethiopia’s media is very concentrated in Addis Ababa, some journalists do attempt to report on events outside of the capital. Addis-based journalists report being turned back by security forces at Ethiopia’s numerous roadblocks, usually when they are attempting to cover events, such as the 2014 protests in Oromia. Those journalists that were able to access the areas faced numerous problems, including harassment and threats from security personnel, and many were arbitrarily detained until after the protest. Certain parts of the country where there are allegations of grave human rights violations are inaccessible to independent journalists, including the Ogaden area of Somali region.[101] Journalists have also found it difficult to access areas with longstanding human rights concerns associated with government’s development projects, including Gambella and the Lower Omo Valley. Areas around large-scale development projects, such as the Grand Renaissance Dam in Benishangul-Gumuz, are off-limits to journalists unless when part of a state-organized visit.
While security is often cited by officials as the main reason limiting their movement, state-affiliated journalists and other foreign journalists are occasionally permitted to visit these areas, suggesting that access limitations are more linked to the profile of the journalist than security risks.
In other remote areas, journalists are required to register with local government officials who either permit the journalist to undertake their activities, deny them permission, or require them to take a government minder or translator with them for the duration of their visit. A number of journalists report undertaking long and expensive journeys only to be prevented from doing their job by local government officials.
It is critical that international journalists be given access to sensitive areas of the country in order to cover news stories that would otherwise go unreported given restrictions on domestic media. Foreign journalists have also faced harassment and interrogations upon entry or exit to the country, being denied permission by local government at the woreda or kebele level despite having national government authorization, high levels of state surveillance, and a requirement to use government translators, logistics coordinators, or drivers.[102] Increasingly, journalists are being denied entry visas, particularly for visits related to human rights issues or development projects.
Several Ethiopian journalists based outside of Addis Ababa (largely in Oromia) told Human Rights Watch that, after encountering all sorts of problems with government and security officials, they had to report to the local police station each morning to ensure they do not go outside of the home community to cover events or spread information. In one case a television journalist was fired for refusing ruling party membership, while a radio journalist was detained for trying to cover a controversial story about an agricultural investor: “We were not allowed to travel anywhere, were not allowed to report on anything anymore, and had to report to the police stations each morning so that they knew we were still in town.”[103]
Where journalists are unable to access areas, for both financial reasons and government restrictions, telephone is one of the few options left for acquiring information. As mobile phone coverage increases in Ethiopia, it could be an option for journalists to communication with sources in the rural areas, but Ethiopia’s capacity to monitor the telephone is also rising.[104] As one journalist said, “The phone is not an option. We know our phones are monitored, and it is very possible the people we want to speak with have their phone monitored as well. But even if they are not, very few people are willing to speak to us on the phone anymore. They’re just scared of us if they don’t know us.”[105]
Despite the vast majority of Ethiopia’s population living in rural areas,[106] there is very little coverage of news in these areas. While the reasons for this are complex, the concentration of Ethiopia’s media in Addis Ababa and restrictions on movement outside of the capital ensures that there is greatly disproportionate coverage of issues on Addis Ababa. Many significant events occurring in rural Ethiopia are never reported in Addis Ababa or outside of the country.
The 2014 Oromia Protests
During sensitive political events, the government uses a variety of tools to control the spread of information. For example, in April and May 2014 the government severely limited information about protests that swept through Oromia Region sparked by the proposed Addis Ababa Integrated Development Master Plan. The plan proposes to expand the city of Addis Ababa’s municipal boundary and absorb more than 15 communities in Oromia. Demonstrators were concerned about the change of municipal jurisdiction and the displacement of Oromo farmers and residents. The protests quickly spread to involve other long-standing Oromo grievances with the government. [107]
Many international journalists said they had great difficulties contacting individuals involved in the protests either in person, by phone, or by email. Foreign journalists trying to access the area were turned back at roadblocks by security personnel, while Ethiopian reporters who managed to report on the issue were detained or harassed by the authorities. Protesters who spoke to media were threatened or detained by the authorities while individuals watching diaspora-run television stations were harassed and threatened for viewing. Months later, foreign journalists who went to these areas reported that local people still fear speaking about these events given the possibility of reprisals against them and their families.
Several people told Human Rights Watch that in the early days of the protests the authorities arrested them immediately after they spoke to journalists. In each case the person was severely beaten in detention and released after several days. Security officials accused them of organizing the protests and asked why they were spreading “lies” to the media. In several cases they were accused of leaking information or “telling lies” to Voice of America or Ethiopian Satellite Television—those held said they had not provided information to these outlets.
The protests began just two months after the Oromia Media Network started its operation. A number of individuals in Oromia reported authorities threatened or even arrested them because they were watching OMN. A local government employee said that the woreda administrator questioned him:
Several of us had been watching what was happening on OMN and he threatened us: “Whoever is watching OMN will be considered an enemy by this government and will be arrested.” At least four government employees were arrested for being found to be watching it in their homes after this. Government was afraid of OMN because they believed, as they were, that they were spreading news about the protest. But isn’t that what media is supposed to do?… We couldn’t get the information anywhere else. [108]A journalist working for a private magazine described her experience covering the protests in Oromia:
I was interviewing people and asking them about their opinions. While this was happening, I was grabbed and forced into a car. They were security officers—they harassed and threatened me, “Don’t take part in this, it is against the government.” They took my mobile phones and my voice recorder. They then locked me in their car for the duration of the protests that day. When they came back they forced me to sign a paper that said I would not interfere in government issues. They then drove me out into the forest and dropped me off there…. I felt like a criminal. Journalism is not a crime, but in Ethiopia you are treated like a criminal just for being a journalist.[109]The owner of the same magazine told Human Rights Watch that security officials threatened them: “If any of these issues appear in the magazine you will be shot.” Articles appeared about the protests and he was arrested, taken to Maekelawi, placed in solitary confinement for two days, and then released on bail. This was the eighth time he had been detained in Maekelawi.[110]
The net effect of the repression was that a massive protest movement that engulfed large parts of Ethiopia’s largest region, in which at least nine people died, likely many more, and hundreds were arrested, received little domestic coverage, including in Ethiopia’s Amharic language media, and barely a mention in the international media. As one international journalist told Human Rights Watch: “We would love to do something on this issue, but if we can’t get the information easily we can’t cover the story.” [111]
Censorship and Self-Censorship
Censorship? If you are a journalist you censor everything you do, if you don’t then you are no longer a journalist—you become a prisoner or a refugee.—Journalist living abroad, October 2014
To be a journalist in Ethiopia requires considerable self-censorship, muting any criticism of government or facing ongoing harassment. Journalists working for state-run publications know that their stories must reflect government rhetoric. Several reporters suggested that government cadres are given key positions in state-run newspapers and effectively censor content. They rarely have a journalism background and have no university education—their main concern is ensuring that content follows the government line.
Private newspapers and magazines often try to walk the fine line between censoring their coverage to avoid harassment from the authorities while trying to be independent and provide critical commentary of news events. Subjects that many publications avoid or limit their coverage of include anything to do with the groups designated as terrorist organizations under the anti-terrorism law. The editor-in-chief of one private magazine described particular pressures around the anti-terrorism law:
Anything to do with terrorism is the worst. We get lots of info about the OLF [Oromo Liberation Front] and ONLF [Ogaden National Liberation Front] but it is very difficult to publish anything, regardless of whether the coverage is good or bad for the government. We particularly try to avoid using their names even though everybody would know who we are talking about. Ginbot 7 is the same. When Andargachew [a Ginbot 7 leader and UK citizen] was sent back to Ethiopia, we all covered it, but we would not mention Ginbot 7 by name. We’re just too scared of government twisting what we say and accusing us of being terrorists.[112]
Within state-run publications, journalists report being under frequent pressure to write stories that promote a government narrative and many spoke about examples where pieces that they wrote were dramatically edited to take out anything remotely critical about government. “All journalism has to promote the government narrative about how everything government is doing is good,” explained a journalist. “If a school is built but there are no teachers the story will be about how government is now providing education to thousands of people when in reality nothing has changed.”[113]
One radio journalist described producing a story about a hospital near Dire Dawa that was built by a US Catholic mission:
When my editor reviewed it, he changed it to say that the government sympathized with the local people and built the hospital themselves. It was a complete lie, but because it’s in the local language [Afan Oromo] the foreigners would never know.[114]
Editors-in-chief will personally ensure that any articles covering sensitive subjects do not contain any perceived anti-government content. One journalist said:
The only thing they [editors] are concerned with is ensuring that there is no content that will offend government. Sections critical of government are removed or edited, while sections are added that promote government agenda. There are no edits for quality or anything else, they don’t know anything about that—the edits are just to advance government goals—it’s like having our own government censors in every paper. The new laws in place [Freedom of the Mass Media and Access to Information Proclamation] hold editors-in-chief responsible for content so in a way they are just protecting themselves from problems with government.[115]
Larger radio stations said they have similar editorial policies and perspectives. Smaller radio stations in Oromia had a more direct relationship with government censors—having to regularly submit stories to a zonal orworeda communications office ahead of airing. A journalist working for a semi-autonomous radio station in eastern Oromia said:
Once we wanted to write a story about drought in the area and the impact it was having on farmers. We were told not to air the story because it would make government look bad. Before we air something we have to go to the “command post” at the zonal office, they [zonal leader and cadres] say yes/no or change things around.[116]
There exists similar pressure within government communications offices. A government spokesperson for aworeda communications office said he was under constant harassment because he challenged the government narrative:
They would tell me to lie directly: If we construct a hospital, tell the people—it took this amount of money even when the actual amount of money was much lower. If you don’t do what they tell you, we will accuse you of being OLF. Before I would speak to a newspaper or a radio station, I would be prepared by the government. If I strayed from that version to tell the truth you would have your salary deducted or they would demote you.[117]
In most cases, however, journalists employed by state-run publications censored their writings in order to continue enjoying the many benefits of working as a journalist in the state-run sector. Journalists in both private and state-run media said these benefits include higher wages, access to government press conferences, access to training opportunities, and the ability to work without harassment from authorities.[118]
A radio journalist described what happened when he aired a controversial story about the 2010 elections without going through the local government censors:
I interviewed a local Oromo Federal Congress opposition member. He talked about how the results had been manipulated by government in that area. He outlined all the evidence in my story and there was a quote from him that said “They stole the voice of the people.” I knew this one would not be allowed to be aired so we just put it on the air ourselves without going through the local administration. We would always submit our stories to the local government communications office for approval. I was arrested [and detained] for three months as a result and taken to a military camp. My colleagues were arrested and I’ve never heard of their whereabouts since.[119]
Foreign stations broadcasting in Ethiopia are also under pressure to censor their coverage to ensure they do not upset the government. In 2012, diaspora groups accused Deutsche Welle of self-censoring their criticism of government in order to be able to work in the country, a claim it denied.[120]
Jamming of Radio and Television Broadcasts
The Ethiopian government completely controls the content of radio and television broadcasts that emanate from inside the country. The government owns the majority of these broadcasters and what few private stations exist avoid sensitive topics or are kept under control by threats against staff, regulatory challenges, refusal of advertisers to advertise, and other measures. For those stations that broadcast either on satellite or from transmitters outside of the country (including Voice of America and Deutsche Welle), Ethiopia occasionally deliberately jams these broadcasts, preventing people inside Ethiopia from accessing these stations. Given the importance of radio in rural areas, this limits individual’s access to information and independent, reliable, and critical analysis.
Radio jamming has a lengthy history in Ethiopia, but the practice increased in 2009 with the government particularly jamming both VOA and DW.[121] In 2010 the late prime minister Meles Zenawi notoriously stated in response to a question from a VOA reporter about jamming that “we have for some time now been trying to beef up our capacity to deal with this, including … jamming.” He also compared the VOA broadcasts to the Rwandan radio station Mille Collines, which was implicated in inciting genocide in 1994, calling VOA broadcasts “destabilizing propaganda.”[122]
Government jamming increases at politically sensitive times, including around elections. It increased around both the 2005 and 2010 elections with VOA and DW programs sometimes unavailable for several days. A US embassy cable leaked by Wikileaks noted that the incidence of VOA jamming increases “in line with GoE [Government of Ethiopia] protests about VOA content.”[123]
Frequency monitoring carried out by DW in August 2012, in the period just after Meles died, revealed that programming was blocked on at least one of their three frequencies in Ethiopia 60 percent of the time (18 days out of 30). DW was jammed on all three frequencies 30 percent of the time (9 of the 30 days). By contrast, in January 2013 there was no jamming of DW radio transmissions, only for jamming to start again in mid-February 2013.[124] DW reports that the Ethiopian government has not interfered with satellite radio and web-based broadcasts, and that since March 2013 jamming of their radio transmissions had stopped entirely.[125]VOA also reports a similar absence of jamming during this period.[126]
DW regularly engaged with the government to resolve the jamming. According to DW, government representatives told them “that we jam DW on the grounds of national security. DW is a threat to our national security.”[127] The US government publicly criticized the jamming of VOA in March 2010, stating that the “decision to jam VOA broadcasts contradicts the Government of Ethiopia’s frequent public commitments to freedom of the press.”[128]
Between 2010 and 2012 Ethiopian Satellite Television,[129] a popular diaspora-run satellite television station, reported being frequently jammed, but there has been no jamming since October 2012.[130] ESAT’s shortwave radio broadcasts are routinely jammed and ESAT’s website was also blocked as of August 2013.[131]
The Oromia Media Network has reported being jammed twice since its March 2014 startup. On each occasion, jamming occurred for several days until OMN was taken off of that satellite.[132] When the government chooses to jam a station on a satellite provider, this has the unintended outcome of jamming many of the other stations that also use that satellite. For example, when Ethiopia jammed OMN it also inadvertently jammed other channels on Saudi-based Arabsat including the British Broadcasting Corporation.[133] Satellite providers identified the source of the jamming as coming from northeast Ethiopia.[134] It was not the first time Ethiopia had inadvertently blocked other satellite stations—in early 2012 reports suggested that jamming originating from Ethiopia was responsible for stations hosted on Arabsat being blocked as far away as Lebanon. This prompted a complaint from Lebanese authorities.[135]
Techniques to get around jamming are expensive and out of reach of all but the largest international media outlets.
As the Ethiopian economy grows and the middle class expands, more and more Ethiopians are turning to OMN, ESAT, and other foreign television stations for access to independent information on Ethiopian affairs.[136]
These practices put these satellite providers in a difficult situation: if they agree to host a channel that could be jammed, this endangers all its other programming on that satellite. As a result, satellite providers have required increased security deposits or other guarantees should they host foreign stations that are at risk of jamming from Ethiopian authorities. This has further increased the cost of setting up a television station. Several satellite providers have told ESAT that the Ethiopian government has contacted them to pressure them not to host ESAT.[137]
In addition to restricting freedom of expression and access to information, the deliberate jamming of commercial radio and television broadcasts contravenes International Telecommunication Union (ITU) regulations.[138]
Restricting Online Content
While online media is still in its infancy in Ethiopia, many Ethiopians living both inside and outside the country have turned to online news sites and blogs for access to information and perspectives that are unavailable through domestic media and also to express themselves without having to self-censor their tone or content. Many of them do this anonymously or under pseudonyms to protect themselves from possible government reprisals.
In response, the government of Ethiopia regularly blocks media websites that contain critical content. Popular diaspora media websites including Ethiomedia, Goolgule, Ethiopian Review, and Nazret are all unavailable inside Ethiopia.[139] Many blogsites offering Ethiopian content are also blocked inside of Ethiopia. The vast majority of blocked sites are those that focus exclusively on Ethiopian content and are run by Ethiopian organizations or individuals (either in Ethiopia or in the diaspora), although both Al-Jazeera and al-Arabiya have been blocked in Ethiopia at different times following critical news coverage.[140] In May 2012 Al-Jazeera’s website and YouTube channel were briefly blocked following a documentary that was critical of Ethiopia’s handling of the Muslim protests. On August 2, 2012, Al-Jazeera’s website was once again blocked the day an Al-Jazeera program appeared online that was critical of Ethiopia’s handling of Muslim issues.[141]Three days prior to the blocking another article appeared on Al-Jazeera about clashes in southern Ethiopia.[142] Videos uploaded on YouTube that showed police using excessive force against protesters during the Muslim protests were also blocked.[143]
Ever since the arrest in April 2014 and prosecution of the Zone 9 bloggers, individuals told Human Rights Watch of increased self-censorship on blogs, Facebook, and other social media platforms. People also reported pressure to censor blogsites and Facebook postings. This usually comes from either threatening messages on Facebook (often from unknown persons), or harassing phone calls or visits from security officials.
Whereas online media could provide access to new ideas and sharing of experiences as it has in many parts of the world, in Ethiopia, the government is using what means it has available to restrict any online content that is perceived to harm the interests of the government or ruling party.
VI. Other Controls on the Media
The Ethiopian government uses various other controls to restrict the freedom of the press.
Journalism Associations and Freedom of Association
Since January 30, 2014, when independent journalists attempted to establish the Ethiopian Journalists Forum (EJF) with a mandate to “protect and promote Ethiopian journalists” and assist in “defending the freedom of speech and of the press,” executives of the proposed association have faced continual harassment and security problems.[144] While some of the problems arise out of their work as journalists, some appear connected to their efforts to form an independent association. Executive committee members regularly received phone calls from security officials after EJF events. State-run media also regularly published articles suggesting that the journalists involved with the EJF had been planning to commit terrorist acts and were communicating with banned organizations.[145] Based on these articles, many journalists avoided participating in EJF activities, fearful of being associated with the organization.
The association also had difficulties registering with the Ethiopian Charities and Societies Agency (CSO Agency). One executive committee member told Human Rights Watch:
Someone from the CSO Agency called me and wanted to speak with me. I went to the office to speak to that person. He was not from the CSO Agency after all as he had said. He showed me his ID card, he was an intelligence officer…. He asked about the June 22, 2014 panel discussion on press freedom I organized and told me: “This is the last warning. You will not get a license. The time is coming that if you continue the activities of the association you will end up like the other [Zone 9] bloggers and journalists. We have much information about you and the association. We also obtained detail about you from those who detained individuals in Maekelawi. So you have to stop the association activity and nobody will license the EJF because we know who you and your colleagues are. Otherwise be ready to take the coming final risk of you.”[146]
Several days later, the CSO Agency announced on ETV state media that EJF was “illegal and not allowed to act as a legal organization.” No legitimate reason was given by the CSO Agency for not registering the EJF.[147]
After speaking on Voice of America on February 4, 2014, security officials questioned two executive committee members at their office about EJF’s sources of funding. The committee members said that at the meeting security officials instructed them not to proceed with EJF’s formation, otherwise authorities would accuse them of supporting terrorism and have them arrested.[148] Shortly thereafter two executive committee members fled Ethiopia. The EJF is no longer operational.
There are several other media professional associations in Ethiopia,[149]but many are aligned with the government. The Freedom of the Mass Media and Access to Information Proclamation states: “Journalists have a right to organize themselves into professional associations of their choice.” The problems faced by the EJF were not the first time that independent media associations have had difficulties with Ethiopian security. For example, the Ethiopian Free Press Journalists’ Association (EFJA) was regularly subject to harassments, threats, and arrest before its leaders fled the country in 2005.[150]
Lack of Government Response to Private Journalists
Many journalists, from both private and state-affiliated media, report having difficulties getting government officials to comment on their stories. Private publications told Human Rights Watch that this often makes their stories appear unbalanced with quotes from opposition parties but nothing from government officials. An editor of a private magazine said, “We want to get government perspectives, we want to be balanced, but they do not respond to us. I don’t know if it is because they are scared or because they want to eventually show that we are not balanced in our coverage.… But we try.”[151]
In many cases, junior government officials do not speak to the media for fear of saying something politically damaging. As a former official put it, “Many of us have the same fear as journalists, if we say something wrong we are disciplined. If we stray from the government rhetoric we are disciplined. We also don’t know how the media will twist what we say, so we are hesitant to speak too much in case we have problems because of it.”[152]
The editor-in-chief of one private publication said that government officials told him “they don’t want to be associated with our magazines because they are seen as pro-opposition.”[153]
A journalist with the state-affiliated Sendek newspaper described one incident:
We wrote a story on the US State Department’s human rights report [on Ethiopia]. We wanted quotes from government but they refused to comment on that report. I did have quotes form opposition groups though. In the end, the piece was heavily censored by my editor because it appeared unbalanced.”[154]
Government Organized Training Sessions
A number of journalists from both state-affiliated and private outlets described to Human Rights Watch being “encouraged” to participate in the Ministry of Federal Affairs training programs. One journalist told Human Rights Watch:
We get some training from Ministry of Federal Affairs, often directly in Shiferaw’s [the federal affairs minister’s] office. I went to this five times. We’re not forced, but we know what will happen if we don’t go. Basically we go there and they just criticize all of our papers: “Why do you print this, this is not good. Why do you always write bad things about the government?” Then they tell us what we should write which is all about promoting the government’s development agenda and its policies and perspectives. We only are to mention development successes and promote the new roads and schools. The course name changes, sometimes: “good journalism for development;” other times “developmental journalism.” Shiferaw is always there at the beginning and the end to set the tone.[155]
Recruitment of Informants
Other journalists describe being pressured by security officials to become informants against other journalists. Some report once they began snooping on their colleagues the pressure stopped. Said one journalist, “I felt horrible about doing it, but I couldn’t take the pressure anymore, if I provided information on their background, their sources, and their whereabouts then my family and I could live in peace.”[156] This approach has resulted in journalists not trusting each other, being suspicious of colleagues when pressure on those colleagues from government lessened, and less discussion about the common challenges facing journalists.
VII. Applicable National and International Law
Freedom of speech and the media are essential rights in a democratic society. The ability to practice journalism free from undue interference, to peacefully criticize government representatives, and to express critical views are crucial to the exercise of many other rights and freedoms.
Under Ethiopia’s constitution and international law, the Ethiopian government is obligated to respect the right to freedom of expression, including media freedom. Ethiopia is a party to the International Covenant on Civil and Political Rights (ICCPR),[157] which under article 19 imposes legal obligations on states to protect freedom of expression and information:
Everyone shall have the right to hold opinions without interference;… Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.[158]
The ICCPR, in article 19(3), permits governments to impose certain restrictions or limitations on freedom of expression, if such restrictions are provided by law and are necessary: (a) for respect of the rights or reputations of others; or (b) for the protection of national security, public order, public health, or morals.[159]
The UN Human Rights Committee, the independent expert body that monitors state compliance with the ICCPR, in its General Comment No. 34 on the right to freedom of expression, states that the restrictions specified in article 19(3) should be interpreted narrowly and that the restrictions “may not put in jeopardy the right itself.”[160] The government may impose restrictions only if they are prescribed by existing legislation and meet the standard of being “necessary in a democratic society.” This implies that the limitation must respond to a pressing public need and be oriented along the basic democratic values of pluralism and tolerance. “Necessary” restrictions must also be proportionate, that is, balanced against the specific need for the restriction being put in place. General Comment No. 34 also provides that “restrictions must not be overbroad” and that “the value placed by the Covenant upon uninhibited expression is particularly high in the circumstances of public debate in a democratic society concerning figures in the public and political domain.”[161]
In applying a limitation, the government should use no more restrictive means than are absolutely required. The lawfulness of government restrictions on speech and the dissemination of information are thus subject to considerations of proportionality and necessity. So, for example, the government may prohibit media procurement and dissemination of military secrets, but restrictions on freedom of expression to protect national security “are permissible only in serious cases of political or military threat to the entire nation.” Since restrictions based on protection of national security have the potential to completely undermine freedom of expression, “particularly strict requirements must be placed on the necessity (proportionality) of a given statutory restriction.”[162]
With respect to criticism of government officials, the Human Rights Committee has stated that in circumstances of public debate concerning public figures, “the value placed by the Covenant upon uninhibited expression is particularly high.” The “mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties.” Thus, “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition.” [163]
In addition, the Human Rights Committee has said that “defamation laws must be crafted with care to ensure that they … do not serve, in practice, to stifle freedom of expression.… States parties should consider the decriminalization of defamation and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty.” [164]
Ethiopia is also a party to the African Charter on Human and Peoples’ Rights,[165]which in article 9 states that “every individual shall have the right to receive information,” and “every individual shall have the right to express and disseminate his opinions within the law.” The African Commission’s 2002 Declaration of Principles on Freedom of Expression in Africa sets out regional norms guaranteeing free expression. The African Commission has held that governments should not enact provisions that limit freedom of expression “in a manner that override constitutional provisions or undermine fundamental rights guaranteed by the [Charter] and other international human rights documents.”[166]
Ethiopian Law
Article 29 of the Ethiopian constitution of 1995 provides strong protections for freedom of opinion and expression and underscores the importance of the independence of the media.[167] The constitution includes a prohibition on censorship and affirms the need for access to information of public interest.[168] It also states that “the press shall, as an institution enjoy legal protection to ensure its operational independence and its capacity to entertain diverse opinions.”[169] It notes the importance of media “financed by or under the control of the State … to entertain diversity in the expression of opinions.”[170]
However, article 29 also contains some qualifications to media freedom that are contrary to international law. While the constitution provides that imitations to freedom of expression cannot be based “on account of the content or effect of the point of view expressed,”[171] the limitations included in article 29 contain several overly vague provisions that are vulnerable to broad and abusive interpretation. Limiting freedom of expression in the interest of protecting “the well-being of the youth, and the honour and reputation of individuals,” is one such provision. Article 29 also allows for limitations on “the public expression of opinion intended to injure human dignity,” an ill-defined concept that is vague and prone to misuse.[172]
Laws Regulating the Media
Broadcasting Service Proclamation and Mass Media Law
Ethiopia has several laws and directives governing the media, including the Broadcasting Service Proclamation and the Freedom of the Mass Media and Access to Information Proclamation of 2008 (“Mass Media Law”). While both laws reaffirm constitutional protections and prohibition of censorship, they also contain problematic provisions that grant broad powers to initiate defamation suits, impose harsh financial penalties, demand corrections in print publications, and empower government to arbitrarily deny licenses and permits.
The Mass Media Law states that defamation and false accusation against “constitutionally mandated legislators, executives and judiciaries will be a matter of the government and prosecutable even if the person against whom they were committed chooses not to press charge.”[173] As a result, journalists can be prosecuted for defamation by government even when no individual government official initiates legal action. Fines are also very high for defamation, as high as 100,000 Ethiopian birr (US$5,000).[174] Article 613 of the Criminal Code also allows penalties of a fine or up to one year in prison for defamation.[175]
The Mass Media Law also contains overly broad and discretionary provisions that force publications to publish apologies or corrections from government without defining the limits of this requirement.[176]
While ostensibly providing for improved access to information, the Mass Media Law puts a number of restrictions in place that actually hinder access to information. It provides too much discretion to government officials, allowing them to use a variety of clauses to deny access to government information including “on the pretext that the request will place an individual in jeopardy; harm commercial activities or financial welfare; or negatively impact policy, national security, or international relations.”[177]
The law does not directly authorize censorship, but the threats of politically motivated defamation suits, high fines, and difficulty in acquiring permits effectively limit what the private press is willing to print. It is not clear if this law also applies to online content.
Broadcasting Service Proclamation
The Broadcasting Service Proclamation of 2007 empowers the Ethiopian Broadcasting Authority to regulate radio broadcasters—state-run, commercial (private), and community-based. Concerns persist about the independence of the EBA. While the EBA is established as “an autonomous federal agency having its own legal personality,” it is legally accountable to the Ministry of Information, which as of 2008 is the Government Communications Affairs Office.
The EBA is empowered, among other responsibilities, to “[e]nsure that the broadcasting service is conducted in such a manner that contributes to the proper social, economic, political and cultural development of the country.”[178] This is overly broad and far exceeds international norms and best practices on media regulation.
The Broadcasting Service Proclamation also states that public broadcasting service shall “enhance the participation of the public through the presentation of government policies and strategies as well as activities related to development, democracy and good governance.”[179] This clause is absent in the law for commercial (private) broadcasters, however the community broadcasting service shall among other things “carry out its activities based on the needs of the community regarding development, education and good governance.”[180]There are also limitations on broadcasting licenses being granted to “an organization of a political organization or of which a political organization is a shareholder or a member of a political organization’s supreme leadership is a shareholder or member of its management at any level.”[181] Restricting licenses only to organizations without political connections is contrary to constitutional provisions about the freedom of the media. As previously discussed, licensing and regulation of the broadcast media in Ethiopia is prone to politicization.
Additional Legislation
Other problematic laws include the Advertisement Proclamation, which gives government arbitrary and broad control over the regulation of advertising. The law states that one of the intents of advertising is to “protect the dignity and interests of the country” and does not permit advertisement that “instigates chaos, violence, terror, conflict or fear among people.”[182] These overly broad and discretionary terms can be used by government to control advertisement that does not promote government rhetoric or perspectives. It also prevents advertisements from firms “whose capital is shared by foreign nationals,”[183] limiting the ability of publications to freely decide who it is willing to accept as an advertiser and depriving publications of much needed foreign revenue.[184]
The courts have convicted many journalists under Ethiopia’s criminal code. The criminal code includes provisions for “participation in crimes by the mass media.” This overly broad section outlines criminal responsibility for the content of periodicals, holding printers, publishers, and distributors liable in certain situations. One clause holds the importer of foreign published periodicals liable for content of those publications.[185] The law also has broad and vague provisions around disclosure of sources.[186]
Various sections of the criminal code are regularly misused to charge journalists, with penalties that can range from 3 to 25 years. The most commonly used sections against journalists include defamation (article 613), attacks against the state (article 244), inciting the public through false rumors (article 486), and “outrages against the Constitution or the Constitutional Order” (article 238). The death penalty and life imprisonment are sentences available under article 238.
Article 486(a) states: “Whoever … starts or spreads false rumours, suspicions or false charges against the Government or the public authorities or their activities, thereby disturbing or inflaming public opinion, or creating a danger of public disturbances … is punishable.” This over-broadly worded section has been interpreted widely and used by the authorities to charge journalists who report on stories that are critical of government including against the owners of the magazines that were charged in 2014.[187]
In addition to being charged under the criminal code, journalists have also been charged under the repressive anti-terrorism law. The anti-terrorism law is easily subject to abuse with its overly broad and vague definition of terrorist acts and a definition of “encouragement of terrorism” that makes the publication of statements “likely to be understood as encouraging terrorist acts” punishable by 10 to 20 years in prison.[188] The authorities have prosecuted journalists publishing opinions or criticisms of government policy for encouraging terrorism. Since 2011 at least 12 journalists have been convicted under this law.
VIII. Ethiopian Government Response
Ethiopia’s usual response to criticism of its stance on media freedom is to quote its strong constitutional provisions about freedom of the press. Senior Ethiopian government officials, including the prime minister, often speak to press freedom NGOs and international publications in very strong terms about the imprisonment of high-profile journalists described in this report. The typical response is to reference the constitutional provisions and to stress the rule of law and reiterate allegations of involvement of journalists with “terrorist networks.” There is rarely an acknowledgement of restrictions on press freedoms.
For example, the head of the Government Communications Affairs Office, Redwan Hussein, spoke harshly about imprisoned journalist Reeyot Alemu winning the UNESCO/Guillermo Cano World Press Freedom Prize in 2013: “No one convicted by a sovereign nation as a terrorist could be glorified and awarded with awards. That is an insult to the sovereignty of the nation…. They have not been accused for their writings … it is because they were guilty of working with terrorists.”[189]
There have been repeated denials that journalists are being targeted for prosecution. Following the 18-year-sentence handed down to Eskinder Nega in October 2012, then-head of the GCAO, Bereket Simon, stated: “But to start with the facts, you know, in the first place no practicing journalists in this manner had been summoned or charged because of his journalistic practices. None of them were sued or charged because of journalistic practices.”[190]
The government regularly defends the Anti-Terrorism Proclamation and its application against journalists. In a meeting with the Committee to Protect Journalists in 2012, Bereket reportedly said: “We in the government so far have not invoked this anti-terrorism law against any individual journalist…. It’s not an instrument for censorship, for stifling dissent, or for attacking press freedom; it is an instrument that ultimately shall be used to protect Ethiopians enjoying their constitutional rights.”[191]
Following criticism of the Anti-Terrorism Proclamation by Frank La Rue, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Bereket told Bloomberg News: “Ethiopia clearly differentiates between freedom of expression and terrorism … is simply a very wrong defense of foreign journalists who have been caught red-handed when assisting terrorists.”[192]
The arrest of the Zone 9 bloggers saw a spate of statements from government officials on the involvement of the bloggers with groups the government considers to be terrorist organizations. For example, in July 2014, following the charging of the bloggers, Prime Minister Hailemariam Desalegn stated: “Anyone who is seen and acting within this terrorist network … will be eligible for the course of law…. When you put yourself into this network and you try to become a blogger, don’t think that you are going to escape from the Ethiopian government.”[193]
Concerning the closing down of the six publications in 2014, GCAO chief Redwan told the International Federation of Journalists (IFJ) on September 24, 2014, that “the journalists had no justification to run away as they were not charged.” According to the IFJ statement, Redwan “reiterated the commitment of the Ethiopian government to respect the diversity of thoughts as long as ethical journalism is exercised. He said Ethiopia’s democracy is based on accepting and acknowledging ethnic, religious and ideological differences and this is manifested in the Constitution which everyone should uphold.”[194] Shortly thereafter, the authorities charged many of the owners and publishers of those publications.
Human Rights Watch wrote to the government of Ethiopia regarding the findings in this report. No response was received.
IX. International Response
Ethiopia enjoys a strong relationship with a variety of regional, Western, and other bilateral and multilateral donors due to its perceived strong advances in development, relative lack of corruption, economic progress, its role as host of the African Union, as a key security partner, and in regional peacekeeping operations. As a result, the international community’s public criticism of Ethiopia’s worsening human rights record has been minimal. Some governments say that human rights issues are best raised by quiet diplomacy alone, arguing that public condemnations are counter-productive. The trajectory of Ethiopia’s rights record over the past decade, however, does not indicate that quiet diplomacy has been effective.
UN human rights special procedures and experts have provided a rare and consistent source of condemnation of Ethiopia’s growing repression, and particularly the government’s use of the anti-terrorism law against the media. The Human Rights Committee’s 2011 Concluding Observations on Ethiopia’s report on its compliance with the ICCPR expressed concern for provisions of the Freedom of the Mass Media and Access to Information Proclamation, in particular the registration requirements for newspapers, the severe penalties for criminal defamation, and the inappropriate application of this law in the fight against terrorism, as illustrated by the closure of many newspapers and legal charges brought against journalists. The committee said that the government should revise its legislation to ensure that any limitations on the rights to freedom of expression strictly comply with article 19, and in particular it should “review the registration requirements for newspapers and ensure that media are free from harassment and intimidation.”[195]
In September 2014, five UN Special Rapporteurs expressed concern over the use of the anti-terrorism law to curb freedom of expression.[196] In July 2012, then-UN High Commissioner for Human Rights Navi Pillay voiced concern over “the precarious situation of journalists [in Ethiopia].”[197] In May 2011 a group of six independent UN experts wrote concerning the cases of imprisoned journalists in Ethiopia,[198]and in February 2012 a number of UN experts expressed concern at the “persistent misuse of [the] terrorism law to curb freedom of expression” citing the cases of imprisoned Eskinder Nega, Swedish journalists Martin Schibbye and Johan Persson, and others.[199] And in November 2012 the UN Working Group on Arbitrary Detention concluded that the detention of Eskinder Nega is arbitrary, and that charges against him resulted from his “use of his free expression rights and activities as a human rights defender.”[200]
African human rights institutions have also been critical of Ethiopia’s restrictions on freedom of expression and the prosecutions of journalists. In April/May 2012 the African Court of Human and Peoples’ Rights adopted a resolution on Ethiopia stating it was “gravely alarmed by the arrest and prosecutions of journalists and political opposition members, charged with terrorism and other offences, including treason, for exercising their peaceful and legitimate rights to freedom of expression and freedom of association.” A case is also before the African Commission on Human and Peoples’ Rights on the legality of the conviction of to Eskinder Nega and Reeyot Alemu.[201]
During Ethiopia’s 2014 Universal Periodic Review, the governments of South Korea, Germany, Chile, Canada, Denmark, Switzerland, France, Belgium, Czech Republic, Slovenia, Australia, and Austria recommended that the government of Ethiopia “guarantee genuine freedom of expression to all political leaders and the media, in light of the next elections” and several states called for reforms of the anti-terrorism law.[202] Major donors the United Kingdom and the United States did not raise freedom of expression concerns.
X. Elections in 2015
The year leading up to Ethiopia’s May 2015 elections should have been characterized by a vibrant and independent media contributing to the exchange of information, ideas, and perspectives on issues relevant to Ethiopian citizens of all political persuasions. Instead, private publications have closed down and two dozen Ethiopia’s private journalists and bloggers are in prison, unable to contribute in any way to the political discourse that will shape the credibility of the elections in May 2015. Many others have fled the country, where their ability to contribute to discussions within Ethiopia is sharply curtailed.
Other avenues for open, constructive political dialogue have been severely and deliberately restricted since the 2010 elections by a government more concerned with cracking down on dissent than in ensuring an open and vibrant space for freedom of expression and opinion. It is crucial that a vibrant and independent media be allowed to flourish in Ethiopia, as provided by the constitution, to create space within which political dialogue can happen in a constructive and peaceful manner. Only then can future elections be deemed credible and in line with international standards.
Acknowledgments
This report was researched and written by Felix Horne, Africa researcher in the Africa division of Human Rights Watch. It was edited by Leslie Lefkow, deputy Africa director. James Ross, legal and policy director, and Babatunde Olugboji, deputy program director, provided legal and program review respectively.
Jamie Vernaelde, senior coordinator in the Africa division, provided production assistance and support. The report was prepared for publication by Grace Choi, publications director, Kathy Mills, publications specialist, and Fitzroy Hepkins, administrative manager.
Tom Rhodes, East Africa Representative, Committee to Protect Journalists, provided external review of the report.
Human Rights Watch would like to thank all of the individuals who shared their experiences for this report despite concerns of government reprisals.
January 6, 2015 (Dazeinfo) — Amid all those talks of an overwhelmingly large majority of people (83%) wanting to make the right to access the internet at affordable prices a basic human right, most of us do not bother to look beyond getting connected to the net. Without undermining the importance of being connected to the internet, there is no doubting the need to ensure freedom over the internet.
Sadly enough, internet freedom has fallen for the fourth consecutive year in wake of more and more countries introducing belligerent and often offensive online censorship measures while others tightened the noose and made their existing measures in regard to the same more rigorous.
The fifth annual Freedom on the Net 2014 report released by Freedom House, an independent watchdog organization, tracks the developments between May 2013 and May 2014 and observed that out of the 65 assessed countries, 36 have shown a negative trajectory in 2014.
Key Findings of the Freedom on the Net 2014 Report
It has been observed that an increasing number of countries are now giving legal sanction to laws that curb internet freedom, in total contrast with the previous government policy of controlling the internet using invisible strings.
Expressing dissent with the government policy or not toeing their line in the online space can invite legal action now, due to which more and more individuals and media outlets are under pressure to either censor their online behavior or face legal action and, in extreme cases, even arrest.
That is in addition to blocking and filtering of content which are among the most common means of online censorship. Imprisoning those who put up ‘undesirable’ content is being seen by governments as a deterrent and, according to them, encourages self-censorship.
At the same time, the use of physical violence against internet users ‘appears to have decreased in scope,’ says the report.
Of the 65 countries being assessed, 36 showed a decline in the degree of Internet freedom since May 2013.
Five countries with the most and least internet freedom were depicted in the form of a chart by the online statistics portal, Statista:
Iran, Syria and China were confirmed as the worst abusers of internet freedom in the world- a dubious honor for them! Countries wishing to impose more restrictions (like Iran, Belarus and Uzbekistan) often cite China as an example!
Iceland was ranked as the country with the highest degree of internet freedom. Five more countries which were appreciated in this regard are Estonia, Canada, Australia, Germany and the United States.
41 countries passed or proposed new laws to penalize expressing of views over the internet, to increase the surveillance capabilities of the governments or to increase the powers of the government to control the content which get published online.
Very few countries recorded an improvement in the degree of freedom over the internet.
India and Brazil were among those few nations where some curbs were taken off. Belarus also eased some restrictions.
Concern was shown over both democratic and authoritarian governments seeking to curb the freedom of the internet.
Penalty for online expression in some countries is worse than for similar expression off the internet.
19 countries passed new laws to increase surveillance or to restrict user anonymity.
The number of people detained or prosecuted for their online behavior touched a record high, surpassing all previous figures.
Among those prosecuted, online journalists and bloggers covering anti-government demonstrations were among the prime targets.
Women all over the world “face immense cultural and socio-economic barriers to ICT access, resulting in significant gender gap in ICT use.
The LGBTI community also faces great threats and harassment over the internet.
With more and more internet users beginning to guard their online privacy, “malware attacks against government critics and human rights organizations have evolved to take on a more personalized character.”
Shocking Instances of Curbs on Internet Freedom across the World!
There have been many instances of internet freedom being curbed all over the world. And it is not only surprising but also shocking that even the so-called ‘democratic’ countries have not been liberal with their internet access policy. Some incidents which sent shock waves across everyone’s spines during the period covered by the report are:
The Russian government enacted a law to crack down on all online media which criticized the Vladimir Putin’s policy toward Kremlin without any judicial oversight. Three major news sites were blocked within six weeks as a result of this law.
One of the worst offenders, Iran, does not allow its citizens to access social networking sites like Facebook, Instagram, YouTube and Twitter. Those promoting Sufism online were made to serve long prison sentences. Six Iranians who recorded a video of them dancing to Pharrell’s song “Happy” and posted it on YouTube (the video later went viral) were punished with 91 lashes each and six months of imprisonment. The director was ‘awarded’ a full year.
A new law in Ethiopia allows the government to snoop into computers, networks, internet sites, social media platforms, television and radio stations “for any possible damage to the country’s social, economic, political and psychological well-being”, citing that blogs, social media sites and other digital media have the potential to “instigate war, to damage the country’s image and create havoc in the economic atmosphere of the country.”
Governments in Turkey, Thailand, Russia, Kazakhstan and Italy allow agencies controlled by them to block content with no judicial oversight and with little or no transparency at all.
Uzbekistan passed a law requiring owners of cybercafés to record browsing history of customers for three months.
The draconian ‘bloggers law’ passed by the Russian government in May 2014 increased government surveillance of social media users by making it mandatory for anyone having sites or pages which draw more than 3,000 daily views to register with the telecommunications regulator.
A blogger in Ethiopia was sentenced to an 18 year term while six more await a trial for expressing dissent over government policies or actions over the internet.
News site editors in Azerbaijan were arrested and implicated under charges of hooliganism or drug possession.
Kavita Krishnan, a women’s rights activist in India, was harassed online by someone using the handle @RAPIST.
Mukhlif al-Shammari who posted a YouTube video about mistreatment of females in Saudi Arabia was jailed for five years.
Egyptian government used an application called Grindr to track and prosecute men belonging to the homosexual community. Russian and Ugandan governments also usedonline tools and malware to lure people belonging to this community and then harassed them.
In June 2013, a woman in Pakistan was stoned to death by local men after she was found guilty of possessing a mobile phone by the tribal court!
Iceland, which boasts of a 97% internet access, has no restrictions over the use of social sites and the government does not block any content was presented as a noteworthy example.
Sanja Kelly, Freedom House’s project director for Freedom on the Net, explained that governments are finding new and less detectable manners to control free speech online
“As authoritarian rulers see that blocked websites and high-profile arrests draw local and international condemnation, they are turning to murkier – but no less dangerous – methods for controlling online conversations”, says Sanjay.
Though it is important to ensure that the internet becomes accessible for a larger number of people, mere access to it will be no good if the government makes it an additional channel for snooping over its citizens or the users are threatened, harassed, discredited, punished or imprisoned for not bowing to the rulers’ diktats.
Read more @ http://ayyaantuu.com/horn-of-africa-news/36-out-of-65-assessed-countries-show-decline-in-internet-freedom-41-passed-or-proposed-new-laws-to-curb-it/
Sir Tim Berners-Lee, inventor of the World Wide Web and founder of the Web Foundation, has called for the Internet to be recognised as a basic human right. Sir Tim noted that in our increasingly unequal world, the Web has the potential to be a great equalizer, but only “if we hardwire the rights to privacy, freedom of expression, affordable access and net neutrality into the rules of the game.”
In order to reverse this slide and leverage the power of technology to fight inequality, the Web Foundation is calling on policymakers to:
Accelerate progress towards universal access by increasing access to affordable Internet and ensuring that everyone can use the Web all of the time, safely, freely and privately.
Level the playing field by preventing price discrimination in Internet traffic, and treating the Internet like any other public utility.
Invest in high-quality public education for all to ensure that technological progress doesn’t leave some groups behind.
Promote participation in democracy and protect freedom of opinion by reversing the erosion of press freedom and civil liberties, using the Web to increase government transparency, and protecting the freedoms of speech, association, and privacy.
Create opportunities for women and poor and marginalised groups by investing more in ICTs to overcome key barriers in health, education, agriculture and gender equity.
ETHIOPIA, The Gambia and Sudan are some of the most repressive places in Africa for online freedom, a new report by watchdog organisation Freedom House indicates, while South Africa and Kenya are the among the most free for internet users in the continent.
But the 12 African countries surveyed show a worrying trend – the majority are becoming more repressive compared to last year. Just South Africa – the best ranked – Kenya, Uganda and Malawi have maintained the same score as last year; Nigeria, Angola, Rwanda, Zimbabwe, Sudan and Ethiopia have deteriorated. Zambia and The Gambia are new entrants on the list this year.
The negative trajectory in internet freedom is mirrored around the world – the report states that in 36 of the 65 countries surveyed, internet freedom scores have become worse, as governments become increasingly nervous about their national security, and more sophisticated in surveillance and control.
“Very few countries registered any gains in internet freedom, and the improvements that were recorded largely reflected less vigorous application of existing internet controls compared with the previous year, rather than genuinely new and positive steps taken [by governments],” the report states.
Although most African countries do not explicitly censor content much, there has been an increasingly harsh manner in which users are targeted for the things they say online – in some countries, Freedom House reports, “the penalties for online expression are worse than those for similar actions offline”.
A higher score means a more repressive environment. Source: Freedom House
In July 2013, for example, the Gambian government passed amendments to the Information and Communication Act that specifically criminalised the use of the internet to criticise, impersonate, or spread false news about public officials. Anyone found guilty could face up to 15 years in prison, fines of roughly $100,000, or both—significantly harsher punishments than what the criminal code prescribes for the equivalent offenses offline.
The report reveals that breaches in cybersecurity are also eroding freedom, as government critics and human rights organisations are subject to increasingly sophisticated and personalised malware attacks, documented in 32 of the 65 countries examined.
Low internet penetration, state monopoly
Ethiopia comes out as the worst place in Africa for internet freedom. In the first place, lack of telecoms infrastructure, government monopoly and oppressive regulation means that internet penetration is just 2%, one of the lowest in Africa.
A law enacted in November 2013 gives the Information Network Security Agency (INSA) carte blanche to inspect private online activities without oversight. Facebook, Twitter, Yahoo, and CNN were inaccessible for 12 hours in July 2013, while the number of permanently blocked webpages also increased.
In the Gambia, as well as setting out punitive new laws, internet cafe registration regulations were tightened in September 2013, requiring operators to provide thorough details for a license, as well as mandating the physical layout of cafes and the signs that must be displayed.
In Nigeria too, cybercafés have to keep a log of their customers – although the mobile revolution means that these attempts at controlling internet use will become increasingly irrelevant.
But if you can’t control access, then persecution and punishment becomes the next measure – and African governments show remarkable sophistication here.
In Ethiopia, the government launched high-tech surveillance malware against several online journalists in the Ethiopian diaspora and dissidents in exile; six bloggers of the prominent Zone9 blogging collective were arrested in April 2014 on charges of terrorism.
This year shows a more repressive environment than last year in many countries. Source: Freedom House
The same was observed in Angola, where “insider sources” affirmed that a German company had assisted the Angolan military intelligence in installing a sophisticated communications monitoring system on a military base, the report states. Further evidence, as of November 2013, found that at least one major ISP hosts a spyware system directly on its server.
In Rwanda, a growing number of independent online news outlets and opposition blogs were intermittently inaccessible in Rwanda in the past year. The Law Relating to the Interception of Communications enacted in October authorised high-ranking security officials to monitor email and telephone conversations of individuals considered potential threats to “public security”.
In Sudan, a localised internet service disruption in June and a nationwide blackout in September corresponded with large anti-government protests; the blackouts were reportedly directed by the government.
Even in the countries ranked as relatively free, harassment and intimidation of journalists and bloggers – and even ordinary citizens – is a widespread form of internet control. In Malawi online journalists are “periodically detained and prosecuted for articles posted on news websites”.
Most recently, Justice Mponda, a correspondent for the online publication Malawi Voice, was arrested in November 2013 for allegedly “intimidating the royal family” in an investigative story about former President Banda’s connection to the theft of millions of Malawian kwacha from government coffers in a scandal known as “Cashgate.” He was later acquitted.
Mugabe’s digital ‘death’
But it’s Zimbabwe that has had some of the most bizarre persecutions. An editor at the Sunday Mail state newspaper, Edmund Kudakwashe Kudzayi, was arrested in June on accusations of running the Baba Jukwa Facebook account, an activist page of over half a million followers harshly critical of the government. In July, the government took down the facebook page, and Kudzayi’s case remains unresolved.
It gets crazier – in January 2014, teenage Facebook user Gumisai Manduwa was arrested for allegedly insulting the president after he posted on his Facebook page that President Mugabe “had died and was being preserved in a freezer.” Manduwa was released on bail two days after his arrest. His case remains on the court’s docket as of mid-2014.
And another court case, this one against 21-year old Shantel Rusike is still being dragged through the magistrate courts in Bulawayo as of mid-2014.
Rusike was arrested on December 24, 2012 and held for four days after she was reported to the police for sending an image depicting President Mugabe “in a nude state” via WhatsApp on her mobile phone. Rusike faces charges of “causing hatred, contempt or ridicule of the president”.
Ethiopia
2013 2014
Internet Freedom Status Not Free Not Free
Obstacles to Access (0-25) 22 23
Limits on Content (0-35) 28 28
Violations of User Rights (0-40) 29 29
TOTAL* (0-100) 79 80
* 0=most free, 100=least free
Population: 89.2 million
Internet Penetration 2013: 2 percent
Social Media/ICT Apps Blocked: Yes
Political/Social Content Blocked: Yes
Bloggers/ICT Users Arrested: Yes
Press Freedom 2014 Status: Not Free Key Developments: May 2013 – May 2014
• Telecom services worsened, characterized by frequently dropped phone calls, prolonged internet service interruptions, and slow response times to service failures (see Obstacles to Access).
• Facebook, Twitter, Yahoo, and CNN were inaccessible for 12 hours in July 2013, while the
number of permanently blocked webpages also increased (see Limits on Content).
• A law enacted in November 2013 gives the Information Network Security Agency (INSA)
carte blanche to inspect private online activities without oversight (see Violations of User
Rights).
• The government launched sophisticated surveillance malware against several online journalists
in the Ethiopian diaspora and dissidents in exile (see Violations of User Rights).
• Six bloggers of the prominent Zone9 blogging collective were arrested in April 2014 on
charges of terrorism (see Violations of User Rights).
Introduction
Ethiopia continues to have one of the lowest rates of internet and mobile phone connectivity in the world, as meager infrastructure, government monopoly over the telecommunications sector, and obstructive telecom policies have significantly hindered the growth of information and communication technologies (ICTs) in the country. Coupled with highly repressive laws and tactics aimed at restricting freedom of expression and access to information, internet freedom in Ethiopia is consistently rated the worst in sub-Saharan Africa and among the worst in the world.
Despite the country’s extremely poor telecommunications services and a largely disconnected population, Ethiopia is also known as one of the first African countries to censor the internet, beginning in 2006 with opposition blogs.1. Since then, internet censorship has become pervasive and systematic through the use of highly sophisticated tools that block and filter internet content and monitor user activity. The majority of blocked websites feature critical news and opposition viewpoints run by individuals and organizations based mostly in the diaspora. Surveillance of mobile phone and internet networks is systematic and widespread, enabled by Chinese-made technology that allows for the interception of SMS text messages, recording of phone calls, and centralized monitoring of online activities. The government also employs commentators and trolls to proactively manipulate the online news and information landscape.
During the report’s coverage period, internet freedom in Ethiopia worsened due to increasing restrictions on access to social media and communications tools, such as Storify, and the temporary blocking of Facebook and Twitter in July 2013. A new law passed in November 2013 gave the Information Network Security Agency (INSA) carte blanche to track private online communications and investigate electronic devices without oversight. In addition, a number of diaspora journalists and exiled dissidents were targeted with surveillance malware, demonstrating a growing level of sophistication in the government’s effort to silence critical voices that extends beyond the country’s borders.
In 2014, the Ethiopian authorities increased their crackdown against bloggers and online journalists, using the country’s harsh laws to prosecute individuals for their online activities and quash dissent. Most alarmingly, six bloggers from the critical Zone9 blogging collective and three journalists associated with Zone9 were arrested in late April 2014 on charges of terrorism, which, under the Telecom Fraud Offenses Law and anti-terrorism proclamation, can entail a sentence of up to 20 years in prison if the bloggers are found guilty. The Zone9 case was repeatedly stalled by the courts throughout 2014, leaving the bloggers in pre-trial detention for over six months as of late-2014. Meanwhile, two online radio journalists were arrested and detained for a week without charges in August 2013, and the prominent dissident blogger, Eskinder Nega, and award-winning journalist, Reeyot Alemu, continue to serve lengthy prison sentences, despite international pressure for their release. The overall crackdown has had a major chilling effect on internet freedom and freedom of expression in the country, leading to increasing levels of self-censorship among online journalists, bloggers, and ordinary users alike.
Obstacles to Access
In 2013 and 2014, access to ICTs in Ethiopia remained extremely limited, hampered by slow speeds and the state’s tight grip on the telecom sector. According to the International Telecommunications Union (ITU), internet penetration stood at a mere 1.9 percent in 2013, up from 1.5 percent in 2012. Only 0.25 percent of the population had access to fixed-broadband internet, increasing from 0.01 percent in 2012.Ethiopians had more access to mobile phone services, with mobile phone penetration rates increasing from 22 percent in 2012 to 27 percent in 2013 though such access rates still lag behind a regional average of 80 percent. Meanwhile, less than 5 percent of the population has a mobile-broadband subscription. Radio remains the principal mass medium through which most Ethiopians stay informed. While access to the internet via mobile phones increased slightly in the last year, prohibitively expensive mobile data packages still posed a significant financial obstacle for the majority of the population in Ethiopia, where per capita income in 2013 stood at US$470.8 Ethiopia’s telecom market is very unsaturated due to monopolistic control, providing customers with few options at arbitrary prices. Prices are set by the state-controlled Ethio Telecom and kept artificially high. As of mid-2014, monthly packages cost between ETB 200 and 3,000 (US$10 to $150) for 1 to 30 GB of 3G mobile services.
The computer remains the most practical option for going online, though in 2014, personal computers are still prohibitively expensive. The combined cost of purchasing a computer, initiating an internet connection, and paying usage charges makes internet access beyond the reach of most Ethiopians. Consequently, only 2 percent of Ethiopian households had internet access in their homes in 2013. The majority of internet users rely on cybercafes to log online, leading to a growth of
cybercafes in recent years, particularly in large cities. A typical internet user in Addis Ababa pays between ETB 5 and 7 (US$0.25 to $0.35) for an hour of access. Because of the scarcity of internet cafes outside urban areas, however, rates in rural cybercafes are more expensive.
For the few Ethiopians who can access the internet, connection speeds are known to be painstakingly slow. For years, logging into an email account and opening a single message could take as long as six minutes at a standard cybercafe with broadband in the capital city.12 According to May 2014 data from Akamai’s “State of the Internet” report, Ethiopia has an average connection speed of 1.2 Mbps (compared to a global average of 3.9 Mbps). Meanwhile, Ethiopia’s broadband adoption (characterized by connection speeds greater than 4 Mbps) is less than 3 percent,14 while the country’s narrowband adoption (connection speed below 256 Kbps) is about 20 percent among those with access. Numerous users reported that internet and text messaging speeds were extremely slow during the coverage period, with services completely unavailable at times. Frequent electricity outages are also a contributing factor to poor telecom services. Despite reports of massive investments from Chinese telecom companies in recent years,17 Ethiopia’s telecommunications infrastructure is among the least developed in Africa and is almost entirely absent from rural areas, where about 85 percent of the population resides. The country is connected to the international internet via satellite, a fiber-optic cable that passes through Sudan and connects to its international gateway, and the SEACOM cable that connects through Djibouti to an international undersea cable. In an effort to expand connectivity, the government has reportedly installed several
thousand kilometers of fiber-optic cable throughout the country over the past few years. Construction of the East African Submarine Cable System (EASSy) was completed and launched in July 2010, but its effects on Ethiopia have yet to be seen as of mid-2014. The space for independent initiatives in the ICT sector, entrepreneurial or otherwise, is extremely
limited, with state-owned Ethio Telecom holding a firm monopoly over internet and mobile phone services in the country. Consequently, all connections to the international internet are completely centralized via Ethio Telecom, enabling the government to cut off the internet at will. As a result, the internet research company Renesys classified Ethiopia “as being at severe risk of Internet disconnection,” alongside Syria, Uzbekistan, and Yemen in a February 2014 assessment. During the coverage period, one Renesys report found that 40 percent of Ethiopia’s networks were down for a few hours on July 18, 2013 as a result of a disruption on the SEACOM network, though the exact reason for the disruption was unknown. In September 2013, a number of cybercafe owners in Ethiopia reported an increasing trend of unpredictable internet connections and speeds beginning in June that resulted in a significant decline in business, with internet connections reported as unavailable for up to 15 days in a month. Mobile phone networks—also completely centralized under Ethio Telecom—are similarly vulnerable to service disruptions and shutdowns by the government, which often occur during politically sensitive times. During the coverage period, there were frequent reports of dropped cell phone and landline calls, complete network blackouts in many parts of the country, and overlapping voices in calls. The latter phenomenon led people to suspect government engagement in a widespread eavesdropping scheme (see “Violations of User Rights” for details on surveillance). Meanwhile, cybercafes are subject to onerous requirements under the 2002 Telecommunications
(Amendment) Proclamation, which requires cybercafe owners to obtain an operating license with Ethio Telecom via a murky process that can take months. During the coverage period, Ethio Telecom began enforcing its licensing requirements more strictly in response to the increasing spread of cybercafes, reportedly penalizing Muslim cafe owners more harshly. Violations of the stringent requirements, such as a prohibition on providing Voice-over-IP (VoIP) services, entail criminal liability. Despite repeated international pressure to liberalize telecommunications in Ethiopia, the government
has not eased its grip on the sector. In June 2013, the prime minister publicly affirmed that the government would maintain a monopoly over the country’s telecoms. In the meantime, China has emerged as a key investor and contractor in Ethiopia’s telecommunications industry, and in July 2013, the government signed a US$1.6 billion agreement with the Chinese telecom companies,
Zhongxing Telecommunication Corporation (ZTE) and Huawei, to upgrade its broadband network to 4G in Addis Ababa and expand 3G across the country. The networks built by the Chinese firms have been criticized for their high costs and poor service, though the partnership has enabled Ethiopia’s authoritarian leaders to maintain their hold over the telecom sector. Furthermore, the contracts have led to increasing fears that the Chinese may also be assisting the authorities in developing more robust internet and mobile phone censorship and surveillance capacities.
The Ethiopian Broadcasting Authority (EBA) and the Ethiopian Telecommunications Agency (ETA) are the primary regulatory bodies overseeing the telecommunications sector. These two organizations were established as autonomous federal agencies, but both are highly controlled government bodies. Limits on Content
During the coverage period, over a hundred websites remained inaccessible in Ethiopia, with a greater number of online tools and services targeted for blocking. A June 2014 report affirmed the government’s efforts to recruit and train progovernment citizens to attack politically objectionable content online.
The Ethiopian government imposes nationwide, politically motivated internet blocking and filtering that tends to tighten ahead of sensitive political events. The majority of blocked websites are those that feature opposition or critical content run by individuals or organizations based in the country or the diaspora. The government’s approach to internet filtering generally entails hindering access to a list of specific internet protocol (IP) addresses or domain names at the level of the Ethio Telecom-controlled international gateway. A more sophisticated strategy of blocking websites based on a keyword in the URL path, known as deep-packet inspection (DPI), was detected in May 2012 when the Tor network—an online tool that enables users to browse anonymously—was blocked. In January 2014, an independent test conducted by a researcher based in the country found 120 unique URLs that were inaccessible in the country, 62 of which were Ethiopian news websites, 14 of which were political party websites, of which were blogs, and 7 of which were television and online
radio websites. During the test, some websites opened at the first attempt but were inaccessible when refreshed. The test also found that select tools and services on Google’s Android operating system on smart phones were inaccessible at irregular intervals but for unclear reasons. A separate test on over 1,400 URLs between July and August 2013 by the OpenNet Initiative in partnership withHuman Rights Watch similarly found 62 websites blocked altogether and numerous others intermittently inaccessible. International news outlets were increasingly targeted for censorship. Al Arabiya, a Saudi Arabia-based media outlet, and both of Al Jazeera’s Arabic and English websites were intermittently blocked during the coverage period. In July 2013, websites belonging to Yahoo and CNN were reportedly inaccessible for about 12 hours. Facebook and Twitter were also targets of the short-term July 2013 blocking. There was no evident impetus or reason for the short-term blocking, and other major services such as Gmail and new outlets such as the New York Times remained accessible. Nevertheless, the incident further increased worries over reports of government plans to block popular social media tools completely. Facebook and Twitter platforms were otherwise generally accessible, although some individual Facebook groups belonging to opposition individuals remained blocked altogether, particularly when accessed via the unencrypted (http://) URL pathway. Meanwhile, the social media curation tool Storify—first blocked in July 201241—remained blocked during the coverage period, while the URL shortening tool Bit.ly was inexplicably blocked in late 2013.
In the past few years, the authorities have become more sophisticated in their censorship techniques, electing to block select webpages as opposed to entire websites. Critical online news articles are usually targeted, such as an August 2012 Forbes article titled, “Requiem for a Reprobate Ethiopian Tyrant Should Not Be Lionized,” which was blocked for criticizing the local and global praise of the former prime minister’s debatable economic growth achievements; the article remained blocked as of June 2014.44 A July 2013 YouTube video of the anti government Muslim protests that occurred from 2012-13 was also blocked as of late 2013.
International blog-hosting platforms such as Blogspot have been frequently blocked since the disputed parliamentary elections of 2005, during which the opposition used online communication tools to organize and disseminate information that was critical of the ruling Ethiopian People’s Revolutionary Democratic Front. In 2007, the government instituted a blanket block on the domainnames of two popular blog-hosting websites, Blogspot and Nazret, though the authorities have
since become more sophisticated in their censorship techniques, now blocking select pages such as the Zone9 independent blog hosted on Blogspot, as opposed to the entire blogging platform. Nazret, however, remained completely blocked as of June 2014. Circumvention strategies have also been targeted, with the term “proxy” yielding no search results on Google, according to an independent source. Meanwhile, the terms “sex” or “porn” are still searchable.
In addition to increasing blocks of online content, politically objectionable content is often targeted for removal, often by way of threats from security officials who personally seek out users and bloggers to instruct them to take down certain content, particularly critical content on Facebook. The growing practice suggests that at least some voices within Ethiopia’s small online community are being closely monitored. Some restrictions are also placed on mobile phones, such as the requirement for a text message to obtain prior approval from Ethio Telecom if it is to be sent to more than ten recipients. A bulk text message sent without prior approval is automatically blocked. There are no procedures for determining which websites are blocked or why, which precludes any avenues for appeal. There are no published lists of blocked websites or publicly available criteria for how such decisions are made, and users are met with an error message when trying to access
blocked content. This lack of transparency is exacerbated by the government’s continued denial of its censorship efforts. Meanwhile, the decision-making process does not appear to be controlled by a single entity, as various government bodies—including the Information Network Security Agency (INSA), Ethio Telecom, and the ministry of ICT—seem to be implementing their own lists, contributing to a phenomenon of inconsistent blocking. Lack of adequate funding is a significant challenge for independent online media in Ethiopia, as fear of government pressure dissuades local businesses from advertising with politically critical websites. Local newspapers and web outlets receive their news and information from regime critics and opposition organizations in the diaspora. While the domestic Ethiopian blogosphere has been expanding, most blogging activity on Ethiopian issues still originates in the diaspora. Few Ethiopian journalists work for both the domestic print media and overseas online outlets due to the threat of repercussions. Increasing repression against journalists and bloggers has had a major chilling effect on expression online, particularly following the arrest of the Zone9 bloggers in April 2014 (see “Violations of User Rights”). Fear of pervasive surveillance has led to widespread self-censorship, and many bloggers publish anonymously to avoid reprisals. Notably, users on social media platforms such as Facebook and Twitter seem to practice a lower degree of self-censorship, which may be due to poor awareness of privacy settings, or the perception that posts on social media are anonymous or more secure. Despite extremely low levels of internet access, the authorities employ progovernment commentators and trolls to proactively manipulate the online news and information landscape. Acrimonious exchanges between commentators on apologist websites and an array of diaspora critics and opposition figures have become common in online political debates. There was a noticeable increase in the number of progovernment commentators during the coverage period, as confirmed in a June 2014 report by the Ethiopian Satellite Television Service (ESAT) that detailed the government’s efforts to recruit and train progovernment citizens to attack politically objectionable content online. According to the ESAT report, hundreds of bloggers who report directly to government officials had been trained on how to post progovernment comments and criticize antigovernment articles on social media platforms. As the country prepares for the upcoming 2015 National Election, the state media has stepped up its campaign against the press in general and the use of social media in particular, claiming that foreign agents and terrorists are using social media to destabilize the country. Consequently, many civil society groups based in the country are wary of mobilizing against the government, and calls for protest come mostly from the Ethiopian diaspora rather than from local activists who fear the government’s violent crackdowns against protest movements. Nevertheless, over the past few years, Facebook has become one of the most popular mediums through which Ethiopians share and consume information. Social media services have also become significant platforms for political deliberation and social justice campaigns. For example, in September 2013, a group of young Ethiopian bloggers and activists based in Addis Ababa launched a Facebook and Twitter campaign on the occasion of Ethiopia’s New Year celebration to share their vision of a better Ethiopia, using the hashtag #EthiopianDream.52 In November 2013, Ethiopians responded to the Saudi government’s crackdown on undocumented Ethiopian immigrants in Saudi Arabia by organizing the online campaign, #SomeoneTellSaudiArabia, to protest the abusive treatment of Ethiopian immigrants. Netizen activism was particularly pronounced and widespread following the arrest of six Zone9 bloggers and three journalists for their alleged affiliation with the Zone9 collective (see “Violations of User Rights”). Ethiopian bloggers and social media users flocked online to spread the #FreeZone-9Bloggers hashtag in a campaign that quickly swept across the social media sphere and garnered
widespread support from around the world. Within five days, the #FreeZone9Bloggers hashtag had been tweeted more than 8,000 times. Unfortunately, the international campaign elicited no response from the government, and the imprisoned bloggers and journalists are still awaiting trial on charges of terrorism as of late-2014.
Violations of User Rights
During the coverage period, the Ethiopian government’s already limited space for online expression continued to deteriorate alongside its poor treatment of journalists. A new proclamation passed in November 2013 empowered INSA with sweeping surveillance capabilities without judicial oversight. Sophisticated malware was launched against online radio journalists and dissidents in exile, while repression against bloggers and ICT users in the country increased notably. Six bloggers of the critical Zone9 blogging collective were arrested for their alleged terrorist activities. The 1995 Ethiopian constitution guarantees freedom of expression, freedom of the press, and access to information, while also prohibiting censorship. These constitutional guarantees are affirmed in the 2008 Mass Media and Freedom of Information Proclamation, known as the press law, which also provides certain protections for media workers, such as prohibiting the pre-trial detention of journalists. Nevertheless, the press law also includes problematic provisions that contradict constitutional protections and restrict free expression. For example, media outlets are required to obtain licenses to operate through an onerous registration process that applies to all outlets, regardless of size, though it is uncertain whether the press law’s broad language encompasses online media. Penalties for violating the registration requirement and other restrictions on content, such as defamation, involve high fines and up to two and three years in prison, respectively.
In September 2012, the government codified specific restrictions on various telecommunications activities through the passage of the Telecom Fraud Offences law, which revised a 1996 law that had placed bans on certain communication applications, such as Voice over Internet Protocol (VoIP)60— including Skype and Google Voice—call back services, and internet-based fax services. Under the new law, the penalties under the preexisting ban were toughened, increasing the fine and maximum prison sentence from five to eight years for offending service providers, and penalizing users with
three months to two years in prison. The law also added the requirement for all individuals to register their telecommunications equipment—including smart phones—with the government, which security officials typically enforce by confiscating ICT equipment when a registration permit cannot be furnished at security checkpoints, according to sources in the country.
Most alarmingly, the Telecom Fraud Offences law extended the violations and penalties defined in the 2009 Anti-Terrorism Proclamation and 2004 Criminal Code to electronic communications, which are broadly defined yet explicitly include both mobile phone and internet services. The anti-terrorism legislation prescribes prison sentences of up to 20 years for the publication of statements that can be understood as a direct or indirect encouragement of terrorism, vaguely defined.64 Meanwhile, the criminal code holds any “author, originator or publisher” criminally liable for content allegedly linked to offenses such as treason, espionage, or incitement, which carries with it the penalty of up to life imprisonment or death. The criminal code also penalizes the publication of a “false rumor” with up to three years in prison. In 2014, the Ethiopian authorities increased their crackdown against bloggers and online journalists, using the country’s harsh laws to prosecute individuals for their online activities and silence dissent. Most alarmingly, six bloggers from the critical Zone9 blogging collective and three journalists associated with Zone9 were arrested in late April 2014 on charges of terrorism. They were accused of “working with foreign organizations that claim to be human rights activists… and receiving finance to
incite public violence through social media,” though the arrests had occurred just days following Zone9’s Facebook post announcing plans to resume its activism. The blogging collective had been inactive for seven months as a result of “a considerable amount of surveillance and harassment” the bloggers had suffered at the hands of security agents for their writings and social media activism. Despite widespread international condemnation of the Zone9 arrests, the detainees were denied bail in August and remained in jail as of fall 2014, awaiting trial. Meanwhile, the well-known dissident journalist and blogger Eskinder Nega is still carrying out an 18-year prison sentence handed down in July 2012 under the anti-terrorism law. Numerous other journalists and media outlets—both online and print—were targeted for arrest and prosecutions during the coverage period, including Darsema Sori and Khalid Mohammed who were arrested in August 2013 for their work with the online radio station, Radio Bilal, which is known for its extensive coverage of the 2012-13 anti government protests organized by Ethiopian Muslims.
They were released after being held for a week without charges,71 but the arrests were in keeping with the government’s concerted efforts to silence the protests. Given the high degree of online repression in Ethiopia, some political commentators use proxy servers and anonymizing tools to hide their identities when publishing online and to circumvent filtering, though the ability to communicate anonymously has become more difficult. The Tor Network anonymizing tool was blocked in May 2012, confirming that the government has deployed deep-packet inspection technology, and Google searches of the term “proxy” mysteriously yield no results. Anonymity is further compromised by strict SIM card registration requirements. Upon purchase of a SIM card through Ethio Telecom or an authorized reseller, individuals must provide their full name, address, government-issued identification number, and a passport-sized photograph. Ethio Telecom’s database of SIM registrants enables the government to cut-off the SIM cards belonging to targeted individuals and to restrict those individuals from registering for new SIM cards. Internet subscribers are also required to register their personal details, including their home address, with the government. In 2013, an inside informant leaked worrying details of potential draft legislation that seeks to mandate real-name registration for all internet users in Ethiopia, though there are no further
details of this development as of mid-2014. Government surveillance of online and mobile phone communications is pervasive in Ethiopia, and evidence has emerged in recent years that reveal the scale of such practices. According to 2014
Human Rights Watch research, there are strong indications that the government has deployed a centralized monitoring system from the Chinese telecommunications firm ZTE, known as ZXMT, to monitor phone lines and various types of communications, including mobile phone networks and the internet.73 Known for its use by repressive regimes in Libya and Iran, ZXMT enables deep-packet inspection (DPI) of internet traffic across the Ethio Telecom network and has the ability to intercept emails and web chats. Another ZTE technology, known as ZSmart, is a customer management database installed at Ethio Telecom that provides the government with full access to user information and the ability to intercept SMS text messages and record phone conversations. ZSmart also allows security officials to locate targeted individuals through real-time geolocation tracking of mobile phones. While the extent to which the government has made use of the full range of ZTE’s sophisticated surveillance systems is unclear, the authorities frequently present intercepted emails and phone calls as evidence during trials against journalists and bloggers or during interrogations as a scare tactic. In November 2013, a new Cyber Security Law expanded the surveillance powers of the Information Network Security Agency (INSA)—the government body established in 2011 to preside overcurity of the country’s critical communications infrastructure. According to reports, the law states that “social media outlets, blogs and other internet related media have great capabilities to instigate war, to damage the country’s image and create havoc in the economic atmosphere of the country”—
setting the logic for expanding INSA’s duties to include developing offensive cyber capabilities and ICT tools. The proclamation also empowers INSA to investigate computers, networks, internet, radio, television, and social media platforms “for any possible damage to the country’s social, economic, political and psychological well being.” INSA reportedly uses sophisticated spyware, such as the commercial toolkit FinFisher—a device that can secretly monitor computers by turning on webcams, record everything a user types with a key logger, and intercept Skype calls—to target dissidents and supposed threats. A leaked document confirmed that the UK-based company, Gamma International, had provided Ethio Telecom with the FinFisher surveillance toolkit at some point between April and July 2012.80 In addition, research conducted by Citizen Lab in March 2013 worryingly found evidence of an Ethio Telecom-initiated inSpy campaign launched against users that employed pictures of the exiled prodemocracy group, Ginbot 7, as bait. There has been an increasing trend of exiled dissidents targeted with surveillance malware in the past few years. In April 2013, Tadesse Kersmo, a senior member of Ginbot-7 living in exile in the United Kingdom since 2009, came across the above-mentioned Citizen Lab FinSpy report and noticed that one of the spyware campaign’s bait was a picture of himself. He contacted Citizen Lab to have his computer examined and found that FinSpy had been active on his computer over two days in June 2012. The spyware may have transmitted any or all of Kersmo’s emails, chats, Skype calls, files, and web searches to a server based in Ethiopia, which could have provided the authorities with names of contacts, colleagues, and family members still living in the country. In February 2014, Privacy International filed a criminal complaint to the UK’s National Cyber Crime Unit on Kersmo’s behalf, urging them to investigate the potential unlawful interception of communications.
In the same month, the Electronic Frontier Foundation filed a similar suit in the United States on behalf of another Ethiopian dissident (and American citizen) identified publicly under the pseudonym Mr. Kidane. Kidane’s computer had also been found infected with the FinSpy malware sometime between late October 2012 and March 2013, which had secretly recorded dozens of his Skype calls, copied emails he had sent, and logged a web search conducted by his son on the history of sports medicine for a school research project.86 The FinSpy IP address was linked to a server belonging to
Ethio Telecom. Recent Citizen Lab research published in February 2014 uncovered the use of Remote Control System
(RCS) spyware against two employees of the diaspora-run independent satellite television, radio, and online news media outlet, Ethiopian Satellite Television Service (ESAT), based in Alexandria, VA.87 Made by the Italian company Hacking Team, RCS spyware is advertised as “offensive technology” sold exclusively to law enforcement and intelligence agencies around the world, and has the ability to steal files and passwords, and intercept Skype calls/chats. 88 While Hacking Team claims that they do not deal with “repressive regimes,” the RCS virus sent via sophisticated bait to the two ESAT employees made it clear that the attack was targeted, and researchers have strong suspicions of the Ethiopian government’s involvement.
While the government’s stronghold over the Ethiopian ICT sector enables it to proactively monitor users, its access to user activity and information is less direct at cybercafes. For a period following the 2005 elections, cybercafe owners were required to keep a register of their clients, but the requirement has not been enforced since mid-2010.91 Nevertheless, some cybercafe operators revealed that they are required to report any “unusual behavior” to security officials, and officials often visit cybercafes (sometimes in plainclothes) to ask questions about specific users or monitor user activity themselves.
Government security agents frequently harass and intimidate bloggers, online journalists, and ordinary users for their online activities. Independent bloggers are often summoned by the authorities to be warned against discussing certain topics online, while activists claim that they are consistently threatened by state security agents for their online activism. Bloggers from Zone9, for example, reported suffering a considerable amount of harassment for their work, leading them to go silent for several months. Shortly after the blog announced on Facebook that it was resuming activities in April 2014, six Zone9 bloggers were arrested and sent to a federal detention center in Addis Ababa where the torture of detainees is reportedly common. The active Gmail accounts belonging to several of the Zone9 bloggers94 while in detention suggests that they may have been forced give their passwords to security officials against their will.
Read more @ https://freedomhouse.org/sites/default/files/FOTN_2014_Full_Report_compressedv2_0.pdf
ETHIOPIA: ‘BECAUSE I AM OROMO’: SWEEPING REPRESSION IN THE OROMIA REGION OF ETHIOPIA
According to Freedom House: “The internet is a crucial medium through which people can express themselves and share ideas and has become an increasingly important tool through which democracy and human rights activists mobilize and advocate for political, social, and economic reform. Fearing the power of the new technologies, authoritarian states have devised subtle and not-so-subtle ways to filter, monitor, and otherwise obstruct or manipulate the openness of the internet.”
Ethiopia (80 marks) is the worst performer in Africa and one of the 5 worst performers in the world (Iran, Syria, China, Cuba and Ethiopia).
2014 FREEDOM ON THE NET TOTAL (0 = BEST, 100 = WORST)
80
2014 SCORES
FREEDOM ON THE NET STATUS
Not Free
FREEDOM ON THE NET TOTAL
(0 = BEST, 100 = WORST)
80
OBSTACLES TO ACCESS
(0 = BEST, 25 = WORST)
23
LIMITS ON CONTENT
(0 = BEST, 35 = WORST)
28
VIOLATIONS OF USER RIGHTS
(0 = BEST, 40 = WORST)
29
2013 FREEDOM ON THE NET TOTAL (0 = BEST, 100 = WORST)
79
KEY DEVELOPMENTS:
May 2013 – May 2014
Telecom services worsened, characterized by frequently dropped phone calls, prolonged internet service interruptions, and slow response times to service failures (see Obstacles to Access).
Facebook, Twitter, Yahoo, and CNN were inaccessible for 12 hours in July 2013, while the number of permanently blocked webpages also increased (see Limits on Content).
A law enacted in November 2013 gives the Information Network Security Agency (INSA) carte blanche to inspect private online activities without oversight (see Violations of User Rights).
The government launched sophisticated surveillance malware against several online journalists in the Ethiopian diaspora and dissidents in exile (see Violations of User Rights).
Six bloggers of the prominent Zone9 blogging collective were arrested in April 2014 on charges of terrorism (see Violations of User Rights).
Introduction
Ethiopia continues to have one of the lowest rates of internet and mobile phone connectivity in the world, as meager infrastructure, government monopoly over the telecommunications sector, and obstructive telecom policies have significantly hindered the growth of information and communication technologies (ICTs) in the country. Coupled with highly repressive laws and tactics aimed at restricting freedom of expression and access to information, internet freedom in Ethiopia is consistently rated the worst in sub-Saharan Africa and among the worst in the world.
Despite the country’s extremely poor telecommunications services and a largely disconnected population, Ethiopia is also known as one of the first African countries to censor the internet, beginning in 2006 with opposition blogs.[1] Since then, internet censorship has become pervasive and systematic through the use of highly sophisticated tools that block and filter internet content and monitor user activity. The majority of blocked websites feature critical news and opposition viewpoints run by individuals and organizations based mostly in the diaspora. Surveillance of mobile phone and internet networks is systematic and widespread, enabled by Chinese-made technology that allows for the interception of SMS text messages, recording of phone calls, and centralized monitoring of online activities. The government also employs commentators and trolls to proactively manipulate the online news and information landscape.
During the report’s coverage period, internet freedom in Ethiopia worsened due to increasing restrictions on access to social media and communications tools, such as Storify, and the temporary blocking of Facebook and Twitter in July 2013. A new law passed in November 2013 gave the Information Network Security Agency (INSA) carte blanche to track private online communications and investigate electronic devices without oversight. In addition, a number of diaspora journalists and exiled dissidents were targeted with surveillance malware, demonstrating a growing level of sophistication in the government’s effort to silence critical voices that extends beyond the country’s borders.
In 2014, the Ethiopian authorities increased their crackdown against bloggers and online journalists, using the country’s harsh laws to prosecute individuals for their online activities and quash dissent. Most alarmingly, six bloggers from the critical Zone9 blogging collective and three journalists associated with Zone9 were arrested in late April 2014 on charges of terrorism, which, under the Telecom Fraud Offenses Law and anti-terrorism proclamation, can entail a sentence of up to 20 years in prison if the bloggers are found guilty. The Zone9 case was repeatedly stalled by the courts throughout 2014, leaving the bloggers in pre-trial detention for over six months as of late-2014. Meanwhile, two online radio journalists were arrested and detained for a week without charges in August 2013, and the prominent dissident blogger, Eskinder Nega, and award-winning journalist, Reeyot Alemu, continue to serve lengthy prison sentences, despite international pressure for their release. The overall crackdown has had a major chilling effect on internet freedom and freedom of expression in the country, leading to increasing levels of self-censorship among online journalists, bloggers, and ordinary users alike.
OBSTACLES TO ACCESS:
In 2013 and 2014, access to ICTs in Ethiopia remained extremely limited, hampered by slow speeds and the state’s tight grip on the telecom sector.[2] According to the International Telecommunications Union (ITU), internet penetration stood at a mere 1.9 percent in 2013, up from 1.5 percent in 2012.[3] Only 0.25 percent of the population had access to fixed-broadband internet, increasing from 0.01 percent in 2012.[4] Ethiopians had more access to mobile phone services, with mobile phone penetration rates increasing from 22 percent in 2012 to 27 percent in 2013,[5] though such access rates still lag behind a regional average of 80 percent.[6] Meanwhile, less than 5 percent of the population has a mobile-broadband subscription.[7] Radio remains the principal mass medium through which most Ethiopians stay informed.
While access to the internet via mobile phones increased slightly in the last year, prohibitively expensive mobile data packages still posed a significant financial obstacle for the majority of the population in Ethiopia, where per capita income in 2013 stood at US$470.[8] Ethiopia’s telecom market is very unsaturated due to monopolistic control, providing customers with few options at arbitrary prices.[9] Prices are set by the state-controlled Ethio Telecom and kept artificially high. As of mid-2014, monthly packages cost between ETB 200 and 3,000 (US$10 to $150) for 1 to 30 GB of 3G mobile services.[10]
The computer remains the most practical option for going online, though in 2014, personal computers are still prohibitively expensive. The combined cost of purchasing a computer, initiating an internet connection, and paying usage charges makes internet access beyond the reach of most Ethiopians. Consequently, only 2 percent of Ethiopian households had internet access in their homes in 2013.[11] The majority of internet users rely on cybercafes to log online, leading to a growth of cybercafes in recent years, particularly in large cities. A typical internet user in Addis Ababa pays between ETB 5 and 7 (US$0.25 to $0.35) for an hour of access. Because of the scarcity of internet cafes outside urban areas, however, rates in rural cybercafes are more expensive.
For the few Ethiopians who can access the internet, connection speeds are known to be painstakingly slow. For years, logging into an email account and opening a single message could take as long as six minutes at a standard cybercafe with broadband in the capital city.[12]According to May 2014 data from Akamai’s “State of the Internet” report, Ethiopia has an average connection speed of 1.2 Mbps (compared to a global average of 3.9 Mbps).[13] Meanwhile, Ethiopia’s broadband adoption (characterized by connection speeds greater than 4 Mbps) is less than 3 percent,[14] while the country’s narrowband adoption (connection speed below 256 Kbps) is about 20 percent among those with access.[15] Numerous users reported that internet and text messaging speeds were extremely slow during the coverage period, with services completely unavailable at times.[16] Frequent electricity outages are also a contributing factor to poor telecom services.
Despite reports of massive investments from Chinese telecom companies in recent years,[17] Ethiopia’s telecommunications infrastructure is among the least developed in Africa and is almost entirely absent from rural areas, where about 85 percent of the population resides. The country is connected to the international internet via satellite, a fiber-optic cable that passes through Sudan and connects to its international gateway, and the SEACOM cable that connects through Djibouti to an international undersea cable. In an effort to expand connectivity, the government has reportedly installed several thousand kilometers of fiber-optic cable throughout the country over the past few years.[18] Construction of the East African Submarine Cable System (EASSy) was completed and launched in July 2010, but its effects on Ethiopia have yet to be seen as of mid-2014.[19]
The space for independent initiatives in the ICT sector, entrepreneurial or otherwise, is extremely limited,[20] with state-owned Ethio Telecom holding a firm monopoly over internet and mobile phone services in the country. Consequently, all connections to the international internet are completely centralized via Ethio Telecom, enabling the government to cut off the internet at will. As a result, the internet research company Renesys classified Ethiopia “as being at severe risk of Internet disconnection,” alongside Syria, Uzbekistan, and Yemen in a February 2014 assessment.[21] During the coverage period, one Renesys report found that 40 percent of Ethiopia’s networks were down for a few hours on July 18, 2013 as a result of a disruption on the SEACOM network, though the exact reason for the disruption was unknown.[22]In September 2013, a number of cybercafe owners in Ethiopia reported an increasing trend of unpredictable internet connections and speeds beginning in June that resulted in a significant decline in business, with internet connections reported as unavailable for up to 15 days in a month.[23]
Mobile phone networks—also completely centralized under Ethio Telecom—are similarly vulnerable to service disruptions and shutdowns by the government, which often occur during politically sensitive times. During the coverage period, there were frequent reports of dropped cell phone and landline calls, complete network blackouts in many parts of the country,[24] and overlapping voices in calls. The latter phenomenon led people to suspect government engagement in a widespread eavesdropping scheme (see “Violations of User Rights” for details on surveillance).
Meanwhile, cybercafes are subject to onerous requirements under the 2002 Telecommunications (Amendment) Proclamation,[25] which requires cybercafe owners to obtain an operating license with Ethio Telecom via a murky process that can take months. During the coverage period, Ethio Telecom began enforcing its licensing requirements more strictly in response to the increasing spread of cybercafes, reportedly penalizing Muslim cafe owners more harshly. Violations of the stringent requirements, such as a prohibition on providing Voice-over-IP (VoIP) services, entail criminal liability.[26]
Despite repeated international pressure to liberalize telecommunications in Ethiopia, the government has not eased its grip on the sector.[27] In June 2013, the prime minister publicly affirmed that the government would maintain a monopoly over the country’s telecoms.[28] In the meantime, China has emerged as a key investor and contractor in Ethiopia’s telecommunications industry,[29] and in July 2013, the government signed a US$1.6 billion agreement with the Chinese telecom companies, Zhongxing Telecommunication Corporation (ZTE) and Huawei, to upgrade its broadband network to 4G in Addis Ababa and expand 3G across the country.[30] The networks built by the Chinese firms have been criticized for their high costs and poor service,[31] though the partnership has enabled Ethiopia’s authoritarian leaders to maintain their hold over the telecom sector.[32] Furthermore, the contracts have led to increasing fears that the Chinese may also be assisting the authorities in developing more robust internet and mobile phone censorship and surveillance capacities.[33]
The Ethiopian Broadcasting Authority (EBA) and the Ethiopian Telecommunications Agency (ETA) are the primary regulatory bodies overseeing the telecommunications sector. These two organizations were established as autonomous federal agencies, but both are highly controlled government bodies.
LIMITS ON CONTENT:
During the coverage period, over a hundred websites remained inaccessible in Ethiopia, with a greater number of online tools and services targeted for blocking.A June 2014 report affirmed the government’s efforts to recruit and train progovernment citizens to attack politically objectionable content online.
The Ethiopian government imposes nationwide, politically motivated internet blocking and filtering that tends to tighten ahead of sensitive political events. The majority of blocked websites are those that feature opposition or critical content run by individuals or organizations based in the country or the diaspora. The government’s approach to internet filtering generally entails hindering access to a list of specific internet protocol (IP) addresses or domain names at the level of the Ethio Telecom-controlled international gateway. A more sophisticated strategy of blocking websites based on a keyword in the URL path, known as deep-packet inspection (DPI),[34] was detected in May 2012 when the Tor network—an online tool that enables users to browse anonymously—was blocked.[35]
In January 2014, an independent test conducted by a researcher based in the country found 120 unique URLs that were inaccessible in the country, 62 of which were Ethiopian news websites, 14 of which were political party websites, 37 of which were blogs, and 7 of which were television and online radio websites.[36] During the test, some websites opened at the first attempt but were inaccessible when refreshed. The test also found that select tools and services on Google’s Android operating system on smart phones were inaccessible at irregular intervals but for unclear reasons. A separate test on over 1,400 URLs between July and August 2013 by the OpenNet Initiative in partnership with Human Rights Watch similarly found 62 websites blocked altogether and numerous others intermittently inaccessible.[37]
International news outlets were increasingly targeted for censorship. Al Arabiya, a Saudi Arabia-based media outlet, and both of Al Jazeera’s Arabic and English websites were intermittently blocked during the coverage period.[38] In July 2013, websites belonging to Yahoo and CNN were reportedly inaccessible for about 12 hours. Facebook and Twitter were also targets of the short-term July 2013 blocking.[39]There was no evident impetus or reason for the short-term blocking, and other major services such as Gmail and new outlets such as the New York Times remained accessible. Nevertheless, the incident further increased worries over reports of government plans to block popular social media tools completely.[40] Facebook and Twitter platforms were otherwise generally accessible, although some individual Facebook groups belonging to opposition individuals remained blocked altogether, particularly when accessed via the unencrypted (http://) URL pathway. Meanwhile, the social media curation tool Storify—first blocked in July 2012[41]—remained blocked during the coverage period,[42] while the URL shortening tool Bit.ly was inexplicably blocked in late 2013.[43]
In the past few years, the authorities have become more sophisticated in their censorship techniques, electing to block select webpages as opposed to entire websites. Critical online news articles are usually targeted, such as an August 2012 Forbes article titled, “Requiem for a Reprobate Ethiopian Tyrant Should Not Be Lionized,” which was blocked for criticizing the local and global praise of the former prime minister’s debatable economic growth achievements; the article remained blocked as of June 2014.[44] A July 2013 YouTube video of the antigovernment Muslim protests that occurred from 2012-13 was also blocked as of late 2013.[45]
International blog-hosting platforms such as Blogspot have been frequently blocked since the disputed parliamentary elections of 2005, during which the opposition used online communication tools to organize and disseminate information that was critical of the ruling Ethiopian People’s Revolutionary Democratic Front.[46] In 2007, the government instituted a blanket block on the domain names of two popular blog-hosting websites, Blogspot and Nazret, though the authorities have since become more sophisticated in their censorship techniques, now blocking select pages such as the Zone9 independent blog hosted on Blogspot,[47] as opposed to the entire blogging platform. Nazret, however, remained completely blocked as of June 2014. Circumvention strategies have also been targeted, with the term “proxy” yielding no search results on Google,[48] according to an independent source. Meanwhile, the terms “sex” or “porn” are still searchable.
In addition to increasing blocks of online content, politically objectionable content is often targeted for removal, often by way of threats from security officials who personally seek out users and bloggers to instruct them to take down certain content, particularly critical content on Facebook. The growing practice suggests that at least some voices within Ethiopia’s small online community are being closely monitored. Some restrictions are also placed on mobile phones, such as the requirement for a text message to obtain prior approval from Ethio Telecom if it is to be sent to more than ten recipients.[49] A bulk text message sent without prior approval is automatically blocked.
There are no procedures for determining which websites are blocked or why, which precludes any avenues for appeal. There are no published lists of blocked websites or publicly available criteria for how such decisions are made, and users are met with an error message when trying to access blocked content. This lack of transparency is exacerbated by the government’s continued denial of its censorship efforts. Meanwhile, the decision-making process does not appear to be controlled by a single entity, as various government bodies—including the Information Network Security Agency (INSA), Ethio Telecom, and the ministry of ICT—seem to be implementing their own lists, contributing to a phenomenon of inconsistent blocking.
Lack of adequate funding is a significant challenge for independent online media in Ethiopia, as fear of government pressure dissuades local businesses from advertising with politically critical websites. Local newspapers and web outlets receive their news and information from regime critics and opposition organizations in the diaspora. While the domestic Ethiopian blogosphere has been expanding, most blogging activity on Ethiopian issues still originates in the diaspora. Few Ethiopian journalists work for both the domestic print media and overseas online outlets due to the threat of repercussions.
Increasing repression against journalists and bloggers has had a major chilling effect on expression online, particularly following the arrest of the Zone9 bloggers in April 2014 (see “Violations of User Rights”). Fear of pervasive surveillance has led to widespread self-censorship, and many bloggers publish anonymously to avoid reprisals.[50] Notably, users on social media platforms such as Facebook and Twitter seem to practice a lower degree of self-censorship, which may be due to poor awareness of privacy settings, or the perception that posts on social media are anonymous or more secure.
Despite extremely low levels of internet access, the authorities employ progovernment commentators and trolls to proactively manipulate the online news and information landscape. Acrimonious exchanges between commentators on apologist websites and an array of diaspora critics and opposition figures have become common in online political debates. There was a noticeable increase in the number of progovernment commentators during the coverage period, as confirmed in a June 2014 report by the Ethiopian Satellite Television Service (ESAT) that detailed the government’s efforts to recruit and train progovernment citizens to attack politically objectionable content online. According to the ESAT report, hundreds of bloggers who report directly to government officials had been trained on how to post progovernment comments and criticize antigovernment articles on social media platforms.[51]
As the country prepares for the upcoming 2015 National Election, the state media has stepped up its campaign against the press in general and the use of social media in particular, claiming that foreign agents and terrorists are using social media to destabilize the country. Consequently, many civil society groups based in the country are wary of mobilizing against the government, and calls for protest come mostly from the Ethiopian diaspora rather than from local activists who fear the government’s violent crackdowns against protest movements.
Nevertheless, over the past few years, Facebook has become one of the most popular mediums through which Ethiopians share and consume information. Social media services have also become significant platforms for political deliberation and social justice campaigns. For example, in September 2013, a group of young Ethiopian bloggers and activists based in Addis Ababa launched a Facebook and Twitter campaign on the occasion of Ethiopia’s New Year celebration to share their vision of a better Ethiopia, using the hashtag #EthiopianDream.[52] In November 2013, Ethiopians responded to the Saudi government’s crackdown on undocumented Ethiopian immigrants in Saudi Arabia by organizing the online campaign, #SomeoneTellSaudiArabia, to protest the abusive treatment of Ethiopian immigrants.[53]
Netizen activism was particularly pronounced and widespread following the arrest of six Zone9 bloggers and three journalists for their alleged affiliation with the Zone9 collective (see “Violations of User Rights”). Ethiopian bloggers and social media users flocked online to spread the #FreeZone9Bloggers hashtag in a campaign that quickly swept across the social media sphere and garnered widespread support from around the world. Within five days, the #FreeZone9Bloggers hashtag had been tweeted more than 8,000 times.[54] Unfortunately, the international campaign elicited no response from the government, and the imprisoned bloggers and journalists are still awaiting trial on charges of terrorism as of late-2014.
VIOLATIONS OF USER RIGHTS:
During the coverage period, the Ethiopian government’s already limited space for online expression continued to deteriorate alongside its poor treatment of journalists. A new proclamation passed in November 2013 empowered INSA with sweeping surveillance capabilities without judicial oversight. Sophisticated malware was launched against online radio journalists and dissidents in exile, while repression against bloggers and ICT users in the country increased notably. Six bloggers of the critical Zone9 blogging collective were arrested for their alleged terrorist activities.
The 1995 Ethiopian constitution guarantees freedom of expression, freedom of the press, and access to information, while also prohibiting censorship.[55] These constitutional guarantees are affirmed in the 2008 Mass Media and Freedom of Information Proclamation, known as the press law, which also provides certain protections for media workers, such as prohibiting the pre-trial detention of journalists.[56]Nevertheless, the press law also includes problematic provisions that contradict constitutional protections and restrict free expression. For example, media outlets are required to obtain licenses to operate through an onerous registration process that applies to all outlets, regardless of size, though it is uncertain whether the press law’s broad language encompasses online media.[57] Penalties for violating the registration requirement and other restrictions on content, such as defamation, involve high fines and up to two and three years in prison, respectively.[58]
In September 2012, the government codified specific restrictions on various telecommunications activities through the passage of the Telecom Fraud Offences law,[59] which revised a 1996 law that had placed bans on certain communication applications, such as Voice over Internet Protocol (VoIP)[60]—including Skype and Google Voice—call back services, and internet-based fax services.[61] Under the new law, the penalties under the preexisting ban were toughened, increasing the fine and maximum prison sentence from five to eight years for offending service providers, and penalizing users with three months to two years in prison.[62] The law also added the requirement for all individuals to register their telecommunications equipment—including smart phones—with the government, which security officials typically enforce by confiscating ICT equipment when a registration permit cannot be furnished at security checkpoints, according to sources in the country.
Most alarmingly, the Telecom Fraud Offences law extended the violations and penalties defined in the 2009 Anti-Terrorism Proclamation and 2004 Criminal Code to electronic communications, which are broadly defined yet explicitly include both mobile phone and internet services.[63] The anti-terrorism legislation prescribes prison sentences of up to 20 years for the publication of statements that can be understood as a direct or indirect encouragement of terrorism, vaguely defined.[64] Meanwhile, the criminal code holds any “author, originator or publisher” criminally liable for content allegedly linked to offenses such as treason, espionage, or incitement, which carries with it the penalty of up to life imprisonment or death.[65] The criminal code also penalizes the publication of a “false rumor” with up to three years in prison.[66]
In 2014, the Ethiopian authorities increased their crackdown against bloggers and online journalists, using the country’s harsh laws to prosecute individuals for their online activities and silence dissent. Most alarmingly, six bloggers from the critical Zone9 blogging collective and three journalists associated with Zone9 were arrested in late April 2014 on charges of terrorism. They were accused of “working with foreign organizations that claim to be human rights activists… and receiving finance to incite public violence through social media,”[67]though the arrests had occurred just days following Zone9’s Facebook post announcing plans to resume its activism. The blogging collective had been inactive for seven months as a result of “a considerable amount of surveillance and harassment” the bloggers had suffered at the hands of security agents for their writings and social media activism.[68] Despite widespread international condemnation of the Zone9 arrests, the detainees were denied bail in August and remained in jail as of fall 2014, awaiting trial.[69] Meanwhile, the well-known dissident journalist and blogger Eskinder Nega is still carrying out an 18-year prison sentence handed down in July 2012 under the anti-terrorism law.[70]
Numerous other journalists and media outlets—both online and print—were targeted for arrest and prosecutions during the coverage period, including Darsema Sori and Khalid Mohammed who were arrested in August 2013 for their work with the online radio station, Radio Bilal, which is known for its extensive coverage of the 2012-13 antigovernment protests organized by Ethiopian Muslims. They were released after being held for a week without charges,[71] but the arrests were in keeping with the government’s concerted efforts to silence the protests.
Given the high degree of online repression in Ethiopia, some political commentators use proxy servers and anonymizing tools to hide their identities when publishing online and to circumvent filtering, though the ability to communicate anonymously has become more difficult. The Tor Network anonymizing tool was blocked in May 2012, confirming that the government has deployed deep-packet inspection technology, and Google searches of the term “proxy” mysteriously yield no results.
Anonymity is further compromised by strict SIM card registration requirements. Upon purchase of a SIM card through Ethio Telecom or an authorized reseller, individuals must provide their full name, address, government-issued identification number, and a passport-sized photograph. Ethio Telecom’s database of SIM registrants enables the government to cut-off the SIM cards belonging to targeted individuals and to restrict those individuals from registering for new SIM cards. Internet subscribers are also required to register their personal details, including their home address, with the government. In 2013, an inside informant leaked worrying details of potential draft legislation that seeks to mandate real-name registration for all internet users in Ethiopia, though there are no further details of this development as of mid-2014.[72]
Government surveillance of online and mobile phone communications is pervasive in Ethiopia, and evidence has emerged in recent years that reveal the scale of such practices. According to 2014 Human Rights Watch research, there are strong indications that the government has deployed a centralized monitoring system from the Chinese telecommunications firm ZTE, known as ZXMT, to monitor phone lines and various types of communications, including mobile phone networks and the internet.[73] Known for its use by repressive regimes in Libya and Iran, ZXMT enables deep-packet inspection (DPI) of internet traffic across the Ethio Telecom network and has the ability to intercept emails and web chats.
Another ZTE technology, known as ZSmart, is a customer management database installed at Ethio Telecom that provides the government with full access to user information and the ability to intercept SMS text messages and record phone conversations.[74] ZSmart also allows security officials to locate targeted individuals through real-time geolocation tracking of mobile phones.[75] While the extent to which the government has made use of the full range of ZTE’s sophisticated surveillance systems is unclear, the authorities frequently present intercepted emails and phone calls as evidence during trials against journalists and bloggers or during interrogations as a scare tactic.[76]
In November 2013, a new Cyber Security Law expanded the surveillance powers of the Information Network Security Agency (INSA)—the government body established in 2011 to preside over the security of the country’s critical communications infrastructure.[77] According to reports, the law states that “social media outlets, blogs and other internet related media have great capabilities to instigate war, to damage the country’s image and create havoc in the economic atmosphere of the country”—setting the logic for expanding INSA’s duties to include developing offensive cyber capabilities and ICT tools. The proclamation also empowers INSA to investigate computers, networks, internet, radio, television, and social media platforms “for any possible damage to the country’s social, economic, political and psychological well being.”[78]
INSA reportedly uses sophisticated spyware, such as the commercial toolkit FinFisher—a device that can secretly monitor computers by turning on webcams, record everything a user types with a key logger, and intercept Skype calls—to target dissidents and supposed threats.[79] A leaked document confirmed that the UK-based company, Gamma International, had provided Ethio Telecom with the FinFisher surveillance toolkit at some point between April and July 2012.[80] In addition, research conducted by Citizen Lab in March 2013 worryingly found evidence of an Ethio Telecom-initiated FinSpy campaign launched against users that employed pictures of the exiled prodemocracy group, Ginbot 7, as bait.[81]
There has been an increasing trend of exiled dissidents targeted with surveillance malware in the past few years. In April 2013, Tadesse Kersmo, a senior member of Ginbot-7 living in exile in the United Kingdom since 2009, came across the above-mentioned Citizen Lab FinSpy report and noticed that one of the spyware campaign’s bait was a picture of himself.[82] He contacted Citizen Lab to have his computer examined and found that FinSpy had been active on his computer over two days in June 2012.[83] The spyware may have transmitted any or all of Kersmo’s emails, chats, Skype calls, files, and web searches to a server based in Ethiopia, which could have provided the authorities with names of contacts, colleagues, and family members still living in the country.[84] In February 2014, Privacy International filed a criminal complaint to the UK’s National Cyber Crime Unit on Kersmo’s behalf, urging them to investigate the potential unlawful interception of communications.
In the same month, the Electronic Frontier Foundation filed a similar suit in the United States on behalf of another Ethiopian dissident (and American citizen) identified publicly under the pseudonym Mr. Kidane.[85] Kidane’s computer had also been found infected with the FinSpy malware sometime between late October 2012 and March 2013, which had secretly recorded dozens of his Skype calls, copied emails he had sent, and logged a web search conducted by his son on the history of sports medicine for a school research project.[86] The FinSpy IP address was linked to a server belonging to Ethio Telecom.
Recent Citizen Lab research published in February 2014 uncovered the use of Remote Control System (RCS) spyware against two employees of the diaspora-run independent satellite television, radio, and online news media outlet, Ethiopian Satellite Television Service (ESAT), based in Alexandria, VA.[87] Made by the Italian company Hacking Team, RCS spyware is advertised as “offensive technology” sold exclusively to law enforcement and intelligence agencies around the world, and has the ability to steal files and passwords, and intercept Skype calls/chats. [88] While Hacking Team claims that they do not deal with “repressive regimes,”[89] the RCS virus sent via sophisticated bait to the two ESAT employees made it clear that the attack was targeted, and researchers have strong suspicions of the Ethiopian government’s involvement.[90]
While the government’s stronghold over the Ethiopian ICT sector enables it to proactively monitor users, its access to user activity and information is less direct at cybercafes. For a period following the 2005 elections, cybercafe owners were required to keep a register of their clients, but the requirement has not been enforced since mid-2010.[91] Nevertheless, some cybercafe operators revealed that they are required to report any “unusual behavior” to security officials, and officials often visit cybercafes (sometimes in plainclothes) to ask questions about specific users or monitor user activity themselves.[92]
Government security agents frequently harass and intimidate bloggers, online journalists, and ordinary users for their online activities. Independent bloggers are often summoned by the authorities to be warned against discussing certain topics online, while activists claim that they are consistently threatened by state security agents for their online activism. Bloggers from Zone9, for example, reported suffering a considerable amount of harassment for their work, leading them to go silent for several months. Shortly after the blog announced on Facebook that it was resuming activities in April 2014, six Zone9 bloggers were arrested and sent to a federal detention center in Addis Ababa where the torture of detainees is reportedly common.[93] The active Gmail accounts belonging to several of the Zone9 bloggers[94] while in detention suggests that they may have been forced give their passwords to security officials against their will.
[25] “Proclamation No. 281/2002, Telecommunications (Amendment Proclamation,” Federal Negarit Gazeta No. 28, July 2, 2002, http://bit.ly/1snLgsc.
[26] Ethiopian Telecommunication Agency, “License Directive for Resale and Telecenter in Telecommunication Services No. 1/2002,” November 8, 2002, accessed August 4, 2014,http://bit.ly/1pUtpWh.
[40] An old Amharic saying that demonstrates the country’s deep-rooted culture of fear —“Stay away from electricity and politics”—recently evolved to: “Stay away from Social Media.” The contemporary saying implies that giving one’s political opinions via social media could cause grave bodily injury similar to exposing oneself to electricity.
[48] A 2014 report from Human Rights Watch also noted that the term “aljazeera” was unsearchable on Google while the news site was blocked from August 2012 to mid-March 2013. According to HRW research, the keywords “OLF” and “ONLF” (acronyms of Ethiopian opposition groups) are not searchable on the unencrypted version of Google (http://) and other popular search engines. Human Rights Watch, “They Know Everything We Do,” March 2014, pg 56, 58.
[49] Interview with individuals working in the telecom sector, as well as a test conducted by a Freedom House consultant who found it was not possible for an ordinary user to send out a bulk text message.
[60] The government first instituted the ban on VoIP in 2002 after it gained popularity as a less expensive means of communication and began draining revenue from the traditional telephone business belonging to the state-owned Ethio Telecom. In response to widespread criticisms, the government claimed that VoIP applications such as Skype would not be considered under the new law, though the proclamation’s language still enables the authorities to interpret it broadly at whim.
[61] Ethiopian Telecommunication Agency, “Telecommunication Proclamation No. 281/2002, Article 2(11) and 2(12),” July 2, 2002, accessed July 25, 2014,http://www.researchictafrica.net/countries/ethiopia/Telecommunications_(Amendment)_Proclamation_no_281:2002.pdf. As an amendment to article 24 of the Proclamation, the Sub-Article (3) specifically states, “The use or provision of voice communication or fax services through the internet are prohibited” (page 1782).
Ethiopia suffered a dramatic decline of internet freedom over the past year. #netfreedom2017 http://freedomhou.se/2zD0tlI
(New York, August 13, 2015) – The Italian spyware firm Hacking Team took no effective action to investigate or stop reported abuses of its technology by the Ethiopian government against dissidents, Human Rights Watch said. A comprehensive review of internal company emails leaked in July 2015 reveals that the company continued to train Ethiopian intelligence agents to hack into computers and negotiated additional contracts despite multiple reports that its services were being used to repress government critics and other independent voices.
OromianEconomist 
You must be logged in to post a comment.