Regulating hate speech in Ethiopia: a human rights perspective

Abstract

This paper assesses Ethiopian legal framework applicable to regulate hate speech, identify its gaps and explores the way to strengthen it through human rights perspective. With this end in mind, the author identifies the place of hate speech within freedom of expression as recognized by human rights instruments and Ethiopian legislations. It also assesses how these instruments help Ethiopia to regulate hate speech. Obviously, freedom of expression is a fundamental human right guaranteed in many international, regional human rights instruments and Ethiopian legislations. It is also restricted based on condition called ‘three part test principle’ and there is also totally prohibited grounds of expression. Therefore, the author analyzes the place of hate speech within these grounds of limitation. Hate speech is a contested concept and there is also no common approach on the regulation of it. Some states and scholars try to justify hate speech as part of freedom of expression while others argue for the legal limitation of it. In this study, the author justifies the regulation of hate speech since it is not supported by theoretical justifications of freedom of expression, and harm it brings to rights of the victim. Hate speech regulation in Ethiopia is not clear and comprehensive. In fact, there are many scattered pieces of legislations such as the 1995 FDRE Constitution, Broadcasting Proclamation, Freedom of the Mass Media and Access to Information Proclamation, the Procedure of Peaceful Demonstration and Public Political Meeting Proclamation, Advertisement Proclamation, the FDRE Criminal Code, Computer Proclamation and Telecom Fraud Offense Proclamation which are pertinent and tried to regulate it to some extent. However, the author finds that, though the country is vulnerable to the harms of hate speech, its regulation is still underdeveloped. Therefore, the author argues for the regulation of it with clear and comprehensive law because of the following reasons. First, hate speech is not supported by the justifications given for the protection of the right to freedom of expression. Second, Ethiopia has the obligation to protect its citizens from the harms of hate speech that result in violations of numerous rights such as the right to equality and non discrimination, the right to human dignity, the right to life, and other human rights. Finally, the country also has the obligation to enforce human rights instruments ratified such as Article 20 of ICCPR and Article 4 of the ICERD.