Exploring the Use and Challenges of the Right to Peaceful Assembly as a Tool for Human Rights Advocacy by Civil Society Organizations (CSOs) Based in Addis Ababa

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2024-09

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Addis Ababa University,

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The right of peaceful assembly is a fundamental human right that is protected under international treaties and conventions such as the UDHR, and ICCPR and protected nationally under Article 31 of the FRDE Constitution. This right is important on its own as it protects the ability of people to share their thoughts and concerns but a valuable tool that is also used to protect and advocate for a wide range of other human rights. This research investigates the use of this right as a human rights advocacy tool by civil society organizations (CSOs) that work on human rights in Addis Ababa and the possible legal and institutional challenges faced by CSOs in the exercise of this right. In investigating this research problem, this study followed both doctrinal legal research methods that collected and analyzed exiting legal frameworks internationally and nationally as well as empirical data that was collected through qualitative interviews with members and leaders of civil society organizations in Addis Ababa working on human rights advocacy. The study found an almost non-existence practice of using peaceful assemblies by CSOs interviewed owing to frequent rejection and long bureaucratic chains for notice applications for assemblies, lack of clarity on the application procedures and appropriate mandates for the decision-making government body, and fear of illegal arrest or other human right violations for conducing such assemblies. The study also found gaps in Proclamation no 3/1991, the proclamation that governs public assemblies in Ethiopia including vague and wide sweeping discretion to deny requests, lack of appeal or review systems for the decision on application, scarce protection for the human rights of participants during peaceful assemblies, lack of regulation for spontaneous and counter assemblies and a de-facto authorization regime despite the notification regime set up by law for peaceful assemblies in Ethiopia. The culmination of the above legal and practical challenges has collectively contributed to the poor use of peaceful assemblies as human rights advocacy tools within CSOs studied.

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