{"id":119812,"date":"2013-10-19T09:33:00","date_gmt":"2013-10-19T13:33:00","guid":{"rendered":"http:\/\/www.mereja.com\/amharic\/?guid=942c5ccb1cac7bae48b94db17fc4b425"},"modified":"2013-10-19T09:33:00","modified_gmt":"2013-10-19T13:33:00","slug":"digital-surveillance-vs-right-to-privacy-in-ethiopia","status":"publish","type":"post","link":"https:\/\/mereja.net\/amharic\/119812","title":{"rendered":"\u2018Digital Surveillance\u2019 Vs \u2018Right to Privacy\u2019 in Ethiopia"},"content":{"rendered":"

<\/p>\n
Ethiopia\u2019s constitution is one of the world\u2019s generous constitutions in giving rights. It gives \u2018the nations, nationalities and peoples the right to self determination to secession.\u2019 So, it is no wonder that it gives the ultimate right for freedom of expression and the right to privacy. However, the question is that \u2018are the rights granted on the constitution applicable in reality?\u2019<\/span><\/div>\n
<\/div>\n
It is universally true that rights are always granted with restrictions. These restrictions are applied usually for \u2018national security issues\u2019 or even to protect the well being of certain society members and also in cases where the right conflicts with other rights. For example, the right for freedom of expression should not exceed the right to privacy and leave individuals in physical and psychological insecurity. In consideration of this, I have been challenging myself to answer the question \u2018is Ethiopia over writing constitutional rights for one of these reasons or just to protect the power of its rulers?\u2019 <\/span><\/div>\n
<\/div>\n
Article 29 of the constitution in its sub article 2, gives the right to \u2018everyone\u2019 to express him\/herself without interference. \u201cThis 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 media of his choice.\u201d On sub article 3\/a, it approves the prohibition of any form of censorship; on sub article 3\/b, that citizens have the freedom to access information of public interest. <\/span><\/div>\n
<\/div>\n
There is also article 26 of the constitution which gives the people the right to privacy. Section 2 of this article reads:<\/span><\/div>\n
\u201cEveryone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices.\u201d<\/span><\/div>\n
<\/div>\n
I will forward three major problems to make my point. <\/span><\/span><\/div>\n

<\/a>Problem #1:<\/span><\/b> <\/p>\n

All Proclamations are NOT constituted in the Constitution<\/span><\/b><\/span><\/div>\n
<\/div>\n
In Ethiopia, the government bothers little to listen to alternative voices of the people before passing bills. Among these bills are there the infamous Anti-Terrorism Proclamation No. 652\/2009 and others were passed in the same way without giving the people a chance to reflect on the draft to recommend improvements on how it can protect the country from danger of any kind without violating rights of the people.   <\/span><\/span><\/div>\n
<\/div>\n
Article 14\/1\/a of the Anti-Terrorism proclamation reads as: <\/span><\/div>\n
\u201c[upon getting court warrant, National Intelligence and Security Office may] intercept or conduct surveillance on the telephone, fax, radio, Internet, electronic, postal and similar communications of a person suspected of terrorism\u201d. This grants National Intelligence and Security officials, who are more concerned about protecting power than the people, the ultimate right to violate the right to privacy of citizens especially the dissidents.<\/span><\/div>\n
<\/div>\n
Similarly, the Telecom Fraud Offence No. 761\/2012 in its article 14 gives Police the right \u201cfor covert search\u201d upon court warrant where among others the Police \u201chas reasonable ground that a telecom fraud is likely to be committed.\u201d<\/span><\/div>\n
<\/div>\n
We may think this contradiction between the proclamations and the constitution is OK for the sake of the big picture \u2013 which is \u2018National Security\u2019. But, we know it is not OK when we learn about who the victims are. According to Article 19, Ethiopia\u2019s submission to the Universal Periodic Review<\/a>, 12 journalists are prosecuted in relation to \u201cterrorism act\u201d since the proclamation was passed in 2009. To mention a few among these convicted journalists:<\/span><\/div>\n
<\/div>\n
    \n
  1. Eskinder Nega<\/span><\/b> \u2013 is blogger who is convicted and is serving 18 years of imprisonment in Kality;<\/span><\/li>\n
  2. Abiy Tekelemariam<\/span><\/b> and Mesfin Negash<\/b> \u2013 are editors of  <\/span>addisnegeronline.com and are sentenced 8 years of imprisonment in absentia;<\/span><\/li>\n
  3. Abebe Belew<\/span><\/b> \u2013 is a journalist on an internet based radio called Addis Dimts. He is convicted of \u201cterrorism\u201d and sentenced in absentia;<\/span><\/li>\n<\/ol>\n
    <\/div>\n
    These are not the only ones who were convicted on their activities on the cyber; there are also other journalists on whom digital information were presented as \u201cevidences of crime\u201d against them. Reeyot Alemu, a young woman journalist and a university lecturer who is convicted of \u201csupporting terrorism\u201d is now serving her imprisonment in Kality. She was accused for reporting to ethiopianreview.com, US based website whose owner is also convicted in \u201cterrorism.\u201d Among the \u201cevidences\u201d presented against Reeyot Alemu, there was a picture that she was tagged in a facebook status by a facebook friend she doesn\u2019t recognize in person. <\/span><\/div>\n
    <\/div>\n
    In the same way, Wubshet Taye, editor-in-chief of Awramba Times – currently defunct newspaper, is serving 14 years of imprisonment in Zeway, is also convicted of \u201cterrorism\u201d acts. Among witnesses presented against him included a phone conversation he had. The conversation was about the suit color choices on which he was supposed to wear as a best man for a wedding of his best friend but it was interpreted as \u201ccode\u201d by police.<\/span><\/div>\n
    <\/div>\n
    PROBLEM #2:
    Why Filter the \u2018Worst Penetration\u2019?<\/span><\/b><\/span><\/div>\n
    <\/div>\n
    In 2012, Open Net Initiative, called the Ethiopian internet penetration as the 2nd lowest penetration in Sub-Saharan Africa; however, having this lowest penetration, Ethiopia, instead of encouraging the connectivity, it is discouraging it. Ethiopia is listed as \u201cNot Free\u201d in both 2012 and 2013 reports of Freedom on the net 2013 that Freedom House is sponsoring.<\/span><\/div>\n
    <\/div>\n
    Since 2006, following the controversial Ethiopian election of 2005, Ethiopia blocked news websites \u2013 some of these are operating locally (e.g. website the former \u2018Fitih\u2019 newspaper), opposition parties\u2019 and affiliated entities\u2019 websites, individual blogs, audio-video tubes and many others from being accessed in the country. Websites of Aljeezira, CNN, Economist and and IMF are among internationally recognized websites that were blocked and again unblocked in Ethiopia when the sensation of the news or story they published dies. My comment is that, if Aljazeera, CNN and Economist were Ethiopian media houses, their journalists would either exile or get imprisoned and the media houses would eventually shut down.<\/span><\/div>\n
    <\/div>\n
    PROBLEM #3:<\/span><\/b><\/div>\n
    The Surveillance is More Sophisticated than What the Internet can Offer<\/span><\/b><\/span><\/div>\n
    <\/div>\n
    Security researchers of Rapid7, an international security firm, scanned the Internet in 2012 for finFisher \u2013 internet surveillance software and discovered IP addresses of only 11 countries among which Ethiopia is one.<\/span><\/div>\n
    <\/div>\n
    In February 2013, Citizen Lab \u2013 a research organization on the area, found that \u2018a finSpy campaign in Ethiopia<\/a> uses Ginbot 7 as bait to infect users.\u2019 Ginbot 7 is a \u201cterrorist group\u201d according to Ethiopia and infected pictures with spyware of its leader, Dr. Birhanu Nega, were released on social networks to spy cyber activities of citizens who might download those pictures. <\/span><\/div>\n
    <\/div>\n
    Ethiopia accepts universal conventions of Human Rights; its constitution provides the right for freedom of expression and the right to privacy. The problem is that the law provisions contradict the constitution and even if they don\u2019t, they will be interpreted in a way they are used against journalists and innocent dissent citizens and on behalf of power. <\/span><\/div>\n
    <\/div>\n

    In conclusion: Ethiopia MAYBE doing well in economic progresses; but it is NOT doing ANYTHING at all in human and democratic rights.<\/span><\/div>\n","protected":false},"excerpt":{"rendered":"

    \n
    <\/p>\n
    Ethiopia’s constitution is one of the world’s generous constitutions in giving rights. It gives ‘the nations, nationalities and peoples the right to self determination to secession.’ So, it is no wonder that it gives the ultimate right for freedom of expression and the right to privacy. However, the question is that ‘are the rights granted on the constitution applicable in reality?’<\/span><\/div>\n
    <\/div>\n
    It is universally true that rights are always granted with restrictions. These restrictions are applied usually for ‘national security issues’ or even to protect the well being of certain society members and also in cases where the right conflicts with other rights. For example, the right for freedom of expression should not exceed the right to privacy and leave individuals in physical and psychological insecurity. In consideration of this, I have been challenging myself to answer the question ‘is Ethiopia over writing constitutional rights for one of these reasons or just to protect the power of its rulers?’ <\/span><\/div>\n
    <\/div>\n
    Article 29 of the constitution in its sub article 2, gives the right to ‘everyone’ to express him\/herself without interference. “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 media of his choice.” On sub article 3\/a, it approves the prohibition of any form of censorship; on sub article 3\/b, that citizens have the freedom to access information of public interest. <\/span><\/div>\n
    <\/div>\n
    There is also article 26 of the constitution which gives the people the right to privacy. Section 2 of this article reads:<\/span><\/div>\n
    “Everyone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices.”<\/span><\/div>\n
    <\/div>\n
    I will forward three major problems to make my point. <\/span><\/span><\/div>\n

    <\/a>Problem #1:<\/span><\/b><\/p>\n

    \nAll Proclamations are NOT constituted in the Constitution<\/span><\/b><\/span>\n<\/div>\n
    <\/div>\n
    In Ethiopia, the government bothers little to listen to alternative voices of the people before passing bills. Among these bills are there the infamous Anti-Terrorism Proclamation No. 652\/2009 and others were passed in the same way without giving the people a chance to reflect on the draft to recommend improvements on how it can protect the country from danger of any kind without violating rights of the people.   <\/span><\/span><\/div>\n
    <\/div>\n
    Article 14\/1\/a of the Anti-Terrorism proclamation reads as: <\/span><\/div>\n
    “[upon getting court warrant, National Intelligence and Security Office may] intercept or conduct surveillance on the telephone, fax, radio, Internet, electronic, postal and similar communications of a person suspected of terrorism”. This grants National Intelligence and Security officials, who are more concerned about protecting power than the people, the ultimate right to violate the right to privacy of citizens especially the dissidents.<\/span><\/div>\n
    <\/div>\n
    Similarly, the Telecom Fraud Offence No. 761\/2012 in its article 14 gives Police the right “for covert search” upon court warrant where among others the Police “has reasonable ground that a telecom fraud is likely to be committed.”<\/span><\/div>\n
    <\/div>\n
    We may think this contradiction between the proclamations and the constitution is OK for the sake of the big picture – which is ‘National Security’. But, we know it is not OK when we learn about who the victims are. According to Article 19, Ethiopia’s submission to the Universal Periodic Review<\/a>, 12 journalists are prosecuted in relation to “terrorism act” since the proclamation was passed in 2009. To mention a few among these convicted journalists:<\/span><\/div>\n
    <\/div>\n
      \n
    1. \nEskinder Nega<\/span><\/b> – is blogger who is convicted and is serving 18 years of imprisonment in Kality;<\/span>\n<\/li>\n
    2. \nAbiy Tekelemariam<\/span><\/b> and Mesfin Negash<\/b> – are editors of  <\/span>addisnegeronline.com and are sentenced 8 years of imprisonment in absentia;<\/span>\n<\/li>\n
    3. \nAbebe Belew<\/span><\/b> – is a journalist on an internet based radio called Addis Dimts. He is convicted of “terrorism” and sentenced in absentia;<\/span>\n<\/li>\n<\/ol>\n
      <\/div>\n
      These are not the only ones who were convicted on their activities on the cyber; there are also other journalists on whom digital information were presented as “evidences of crime” against them. Reeyot Alemu, a young woman journalist and a university lecturer who is convicted of “supporting terrorism” is now serving her imprisonment in Kality. She was accused for reporting to ethiopianreview.com, US based website whose owner is also convicted in “terrorism.” Among the “evidences” presented against Reeyot Alemu, there was a picture that she was tagged in a facebook status by a facebook friend she doesn’t recognize in person. <\/span><\/div>\n
      <\/div>\n
      In the same way, Wubshet Taye, editor-in-chief of Awramba Times – currently defunct newspaper, is serving 14 years of imprisonment in Zeway, is also convicted of “terrorism” acts. Among witnesses presented against him included a phone conversation he had. The conversation was about the suit color choices on which he was supposed to wear as a best man for a wedding of his best friend but it was interpreted as “code” by police.<\/span><\/div>\n
      <\/div>\n
      \nPROBLEM #2:
      Why Filter the ‘Worst Penetration’?<\/span><\/b><\/span>\n<\/div>\n
      <\/div>\n
      In 2012, Open Net Initiative, called the Ethiopian internet penetration as the 2nd lowest penetration in Sub-Saharan Africa; however, having this lowest penetration, Ethiopia, instead of encouraging the connectivity, it is discouraging it. Ethiopia is listed as “Not Free” in both 2012 and 2013 reports of Freedom on the net 2013 that Freedom House is sponsoring.<\/span><\/div>\n
      <\/div>\n
      Since 2006, following the controversial Ethiopian election of 2005, Ethiopia blocked news websites – some of these are operating locally (e.g. website the former ‘Fitih’ newspaper), opposition parties’ and affiliated entities’ websites, individual blogs, audio-video tubes and many others from being accessed in the country. Websites of Aljeezira, CNN, Economist and and IMF are among internationally recognized websites that were blocked and again unblocked in Ethiopia when the sensation of the news or story they published dies. My comment is that, if Aljazeera, CNN and Economist were Ethiopian media houses, their journalists would either exile or get imprisoned and the media houses would eventually shut down.<\/span><\/div>\n
      <\/div>\n
      PROBLEM #3:<\/span><\/b><\/div>\n
      \nThe Surveillance is More Sophisticated than What the Internet can Offer<\/span><\/b><\/span>\n<\/div>\n
      <\/div>\n
      Security researchers of Rapid7, an international security firm, scanned the Internet in 2012 for finFisher – internet surveillance software and discovered IP addresses of only 11 countries among which Ethiopia is one.<\/span><\/div>\n
      <\/div>\n
      In February 2013, Citizen Lab – a research organization on the area, found that ‘a finSpy campaign in Ethiopia<\/a> uses Ginbot 7 as bait to infect users.’ Ginbot 7 is a “terrorist group” according to Ethiopia and infected pictures with spyware of its leader, Dr. Birhanu Nega, were released on social networks to spy cyber activities of citizens who might download those pictures. <\/span><\/div>\n
      <\/div>\n
      Ethiopia accepts universal conventions of Human Rights; its constitution provides the right for freedom of expression and the right to privacy. The problem is that the law provisions contradict the constitution and even if they don’t, they will be interpreted in a way they are used against journalists and innocent dissent citizens and on behalf of power. <\/span><\/div>\n
      <\/div>\n

      In conclusion: Ethiopia MAYBE doing well in economic progresses; but it is NOT doing ANYTHING at all in human and democratic rights.<\/span>\n<\/div>\n

      Read more ›<\/a><\/div>\n

      <\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[16,17,18,19,20,21,1239],"class_list":["post-119812","post","type-post","status-publish","format-standard","hentry","category-amharic","tag-amharic","tag-amharic-news","tag-ethiopia","tag-ethiopian-news-in-amharic","tag-ethiopians","tag-news-in-amharic","tag-politics"],"_links":{"self":[{"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/posts\/119812","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/comments?post=119812"}],"version-history":[{"count":0,"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/posts\/119812\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/media?parent=119812"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/categories?post=119812"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.net\/amharic\/wp-json\/wp\/v2\/tags?post=119812"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}