ETHIOPIA-SOGI-TBs-CCPR

Concluding Observations on Report 2 (2022) (Link)

Non-discrimination

11. The Committee is concerned at the absence of a comprehensive anti-discrimination law that provides full and effective protection against direct, indirect and multiple discrimination in all forms, and the seemingly low number of discrimination cases brought before competent tribunals. The Committee also expresses its concern that the broad powers granted to law enforcement authorities during the state of emergency under Proclamation No. 05/2021 resulted in ethnic profiling and mass arbitrary detention, particularly targeting Tigrayans living outside of the Tigray Region, some of whom had their private companies forcibly closed down. Recalling its previous recommendations,5 the Committee remains concerned by the criminalization of same-sex relations or any “other indecent acts” between consenting adults, and acts of discrimination, violence and hate speech against lesbian, gay, bisexual and transgender persons within society (arts. 2, 19–20 and 26).

12. The State party should:

(a) Implement measures to increase awareness of, and access to, judicial and administrative avenues for bringing cases of alleged discrimination;

(b) Avoid the granting of excessively broad powers to law enforcement authorities during states of emergency, and implement training programmes for law enforcement officers on the prevention of ethnic profiling in police work;

(c) Carry out awareness campaigns, including campaigns targeting religious institutions, to address social stigmatization, hate speech, harassment, violence and discrimination against the lesbian, gay, bisexual and transgender community;

(d) Decriminalize sexual relationships between consenting adults of the same sex and ensure that lesbian, gay, bisexual and transgender persons have effective access to justice.

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Concluding Observations on Report 1 (2011) (Link)

12. The Committee, is concerned about the criminalization of “homosexuality and other indecent acts”, as are other international human rights treaty bodies. As pointed out by the Committee, such criminalization violates the rights to privacy and to protection against discrimination set out in the Covenant. The Committee’s concerns are not allayed by the information furnished by the State party that the provision in question is not applied in practice or by its statement that it is important to change mindsets before modifying the law in this regard (arts. 2, 17 and 26).

The State party should take steps to decriminalize sexual relations between consenting adults of the same sex in order to bring its legislation into line with the Covenant. The State party should also take the necessary steps to put an end to the social stigmatization of homosexuality and send a clear message that it does not tolerate any form of harassment, discrimination or violence against persons based on their sexual orientation.

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