ETHIOPIA CIRCULATES DRAFT ANTI-TERRORISM

C O N F I D E N T I A L SECTION 01 OF 02 ADDIS ABABA 000505

SIPDIS

E.O. 12958: DECL: 02/19/2019
TAGS: PGOV PREL PTER ET
SUBJECT: ETHIOPIA CIRCULATES DRAFT ANTI-TERRORISM
PROCLAMATION

Classified By: Ambassador Donald Yamamoto. Reasons 1.4(b) and (d).

Summary
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1. (C) The Government of Ethiopia (GoE) has drafted a
comprehensive anti-terrorist statute (the "Anti-Terrorism
Proclamation" (ATP)) that, if enacted in its current form,
would give the GoE authorities comparable to those of a
police state in matters related to terrorism, as it
eliminates most civil liberties guaranteed to citizens in
Ethiopia's constitution. The ATP is targeted at terrorist
organizations and individuals who commit, plan, support,
encourage or are otherwise involved in terrorist acts.
Overbroad definitions mean the ATP could easily be applied to
domestic opposition groups and give the GoE virtually
limitless powers to identify and neutralize any perceived
threat to its authority on anti-terrorism grounds.
Punishments are harsh, generally 15 years to death or long
periods of "rigorous punishment." The GoE has not indicated
yet when it will pass the legislation. End Summary.

Broad Definitions
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2. (C) The ATP is designed to provide the GoE the authority
to neutralize the very real threats to Ethiopian state
security posed by terrorist organizations and/or terrorists.
"Terrorist Organization" is defined as "a group, association
or organization which is composed of not less than two
members with the objective of committing acts of terrorism or
plans, prepares, (or) executes acts of terrorism or assists
or incites others in any way to commit acts of terrorism..."
The ATP provides a litany of broadly defined "terrorist
acts," which are punishable by 15 years to death, ranging
from obviously serious crimes - such as causing death or
bodily harm - to more nebulous activities, such as "causing
interference or disruption of any public service." Terrorist
acts are distinguishable from ordinary crimes only in that
they are committed by individuals or organizations "...for
the purposes of advancing political, religious or ideological
cause; and with the intention of: (a) coercing or
intimidating the government; (b) intimidating the public or
section of the public (sic.); or (c) destablizing or
destroying the fundamental political, constitutional,
economic or social institutions of the country..."


3. (C) Planning, preparation and conspiracy to commit
terrorist acts likewise carries the sentence of 15 years to
death, while "rendering support to terrorism," which means
supporting a terrorist organization or terrorist acts, either
knowingly or having reason to know, carries a penalty of 10
to 25 years of rigorous imprisonment. Rendering support
includes providing money, materials and training, and also
providing "moral support or giv(ing) advice." A separate
section of the ATP, "Encouragement of Terrorism," captures
writing, editing, printing, publishing, disseminating,
showing or making heard any promotional statements
encouraging, supporting or advancing terrorist acts or the
objectives of a terrorist organization, and such
encouragement is punishable by 10 to 20 years of rigorous
imprisonment. Other provisions cover participation in a
terrorist organization, or using or possessing property for
terrorism, proceeds from terrorism, threatening witnesses,
and destroying property. Failure to give information on
terrorist threats or otherwise cooperate with authorities on
terrorist matters can yield three to 10 years of rigorous
imprisonment.

Elimination of Civil Liberties
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4. (C) The ATP establishes special departments in the Justice
Ministry and the Federal Police to track terrorism. The ATP,
which would trump any contrary law in Ethiopia, tramples
civil liberties guaranteed by the Ethiopian constitution
where terrorism might be at play. Specifically, the ATP: (i)
authorizes secret proceedings and unidentified witnesses;
(ii) authorizes warrantless arrests of persons under
"reasonable suspicion" that they have committed or are
committing terrorist acts; (iii) authorizes Ethiopia's
National Intelligence and Security Service (NISS) to conduct

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warrantless searches and secret intercepts, as well as
surveillance; (iv) authorizes police warrantless "sudden
searches" (of both body and property) at any time based on
"reasonable suspicion that a terrorist act (would) be
committed" (without specification by whom, how or when such
act will be committed); (v) requires notification to police
within 24 hours if a foreigner lives in one's house, or if
one leases one's house, room, or vehicle to a third party;
and (vi) stipulates that suspects must provide, if requested,
samples of writing, hair, voice, print, photograph, blood,
saliva or other body fluids, and may be subjected to medical
tests, which the police may administer by force. The draft
statute provides few protections for persons accused of
terrorism, and even has procedural provisions that note,
among other things, that hearsay is admissible and the burden
of proof can shift to the accused if evidence is "found"
on/in the accused's property or possession, or based on the
"relationship of the accused with the commission of the
crime" (sic.). The ATP further imposes a duty on citizens to
report terrorist activities or otherwise cooperate with
police, failure of which carries a penalty of three to ten
years of rigorous punishment. Few legal safeguards in the
draft ATP protect the accused, except where the case is to be
tried in open court.

Comment: Opposition Beware
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5. (C) Ethiopia is a U.S. partner in a rough neighborhood,
and, with the turmoil in Somalia, faces an ever rising threat
stream from Somalia and the Arabian peninsula. Though the
ATP gives the GoE legal authorities to confront these threats
meaningfully, the draft statute's overbroad nature, the lack
of legal safeguards for persons accused of terrorism, as well
as the ruling party's tendency to brand mainstream domestic
opposition members as terrorists, presents the potential for
abuse. Post will raise these concerns with GoE officials at
the earliest opportunity. End Comment.
YAMAMOTO