The UN Human Rights Council (HRC) adopted a resolution on the human rights situation in Ethiopia on 17 December.

It includes the establishment of an international commission of human rights experts to investigate alleged violations of international law by all parties to the conflict in Tigray.

The resolution was adopted at a Special Session convened in response to the deteriorating human rights situation in Ethiopia, following a request of the Permanent Mission of Slovenia on behalf of the European Union which was supported by 17 HRC Member States and 38 Observer States.

The session concluded with the adoption of a resolution mandating an international commission of three human rights experts to thoroughly and impartially investigate alleged violations of international human rights, humanitarian and refugee law committed since 3 November 2020 by all parties to the conflict. The resolution was adopted by vote, with 21 in favour, 15 against and 11 abstentions.

The resolution requests that the commission’s mandate be immediately operationalised, for a period of one year, renewable as necessary, with its experts appointed by the President of the Human Rights Council.

The new commission will build on a recent investigation by the Office of the High Commissioner for Human Rights (OHCHR) and the Ethiopian Human Rights Commission (EHRC). It will collect and preserve evidence to support accountability efforts, as well as providing technical assistance, guidance on transitional justice and a gender perspective and survivor-centred approach to its work.

The EHRC has been heavily criticized for its failure to accurately document and report on the situation in the country.

Since the war in Ethiopia’s Tigray region began in November 2020, over 52,000 people have died, an estimated 1.7 million have been displaced internally and over 60,000 have fled the country. There are worrying indications that atrocity crimes - war crimes, crimes against humanity and possibly genocide - may have occurred and could still be underway. These crimes include acts of sexual and gender-based violence, indiscriminate bombing, the possible use of chemical weapons, extra judicial killings, destruction of civilian infrastructure, and the looting of homes, businesses, and historical and religious sites.

Introducing the resolution, Slovenia stated that “there can be no peace without justice for victims and survivors of violations and abuses. Only justice can break the cycles of violence and the atmosphere of impunity, distrust and revenge. It is essential that perpetrators are held accountable in an independent, transparent and impartial manner. The widespread targeting of ethnic groups, hate speech and incitement to hatred and violence should be of the outmost concern for us all, as it can - if continued - spiral out of control.”

In its response, Ethiopia said, “The Government of Ethiopia expresses its complete rejection of Resolution A/HRC/S-33/L.1 We call upon Council members to a firm [sic] principled stand  against short-sighted interest and refuse politicisation of human rights by rejecting this resolution. I would like to reiterate that my government will not cooperate with any mechanism that may be imposed upon it.”

CSW’s Head of Advocacy Dr Khataza Gondwe said: “The decision to hold a special HRC session on the situation in Ethiopia was a necessary, if belated, response to a relentlessly deteriorating situation. We welcome the establishment of the international commission as a vital step in ensuring justice and accountability for the victims of this brutal conflict.  The integration of a gender perspective and survivor-centred approach in the commission’s work are particularly welcome, given the nature and severity of the violations that are underway. We urge the government of Ethiopia to cooperate with the commission and ask all parties to the conflict to allow it to conduct its work without hinderance. To facilitate the speedy conclusion of a ceasefire, we further urge the international community to initiate a comprehensive arms embargo, and to coordinate further targeted sanctions on military and political persons and entities identified as complicit in severe violations.”

Note to Editors:

1. The HRC Special Session on 17 December 2021 was requested by Slovenia on behalf of the European Union and was supported by the following states:

a.  HRC Member States: Austria, Bulgaria, Czechia, Denmark, Fiji, France, Germany, Italy, Japan, Marshall Islands, Mexico, Netherlands, Poland, Republic of Korea, Ukraine, the United Kingdom, Uruguay.

b.  Observer States: Albania, Australia, Belgium, Bosnia and Herzegovina, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Ecuador, Estonia, Finland, Greece, Honduras, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, New Zealand, Northern Macedonia, Norway, Paraguay, Peru, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United States of America.

2. The resolution was adopted by vote on 17 December, at the request of Eritrea, with 21 in favour, 15 against and 11 abstentions. Only the 47 elected Members of the Human Rights are able to vote:

a. In favour: Argentina, Armenia, Austria, Bahamas, Brazil, Bulgaria, Czechia, Denmark, Fiji, France, Germany, Italy, Japan, Marshall Islands, Mexico, Netherlands, Poland, Republic of Korea, Ukraine, United Kingdom, Uruguay.

b. Against: Bolivia, Burkina Faso, Cameroon, China, Cote d’Ivoire, Cuba, Eritrea, Gabon, India, Namibia, Pakistan, Philippines, Somalia, Venezuela.

c. Abstained: Bahrain, Bangladesh, Indonesia, Libya, Malawi, Mauritania, Nepal, Senegal, Sudan, Togo, Uzbekistan.