Enforced Disappearances of Tigrayans and Ethiopia’s Obligations Under the Convention Against Torture (CAT)

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is a core international human rights treaty that aims to prevent torture and other inhumane treatment worldwide. Ethiopia ratified the CAT on March 14, 1994, thereby committing itself to uphold its provisions, including the absolute prohibition of torture and enforced disappearances. However, reports from international human rights organizations indicate that Ethiopian authorities and affiliated forces have engaged in widespread enforced disappearances of Tigrayans, particularly during and after the Tigray genocidal war that began in November 2020. These disappearances not only violate Ethiopia’s obligations under the CAT but also highlight the necessity of international legal mechanisms in addressing such grave human rights violations.

The CAT’s Prohibition of Enforced Disappearances

The CAT, adopted by the United Nations General Assembly in 1984, obligates states to prevent torture and other cruel, inhuman, or degrading treatment or punishment (United Nations, 1984). While the treaty does not explicitly define enforced disappearance, international human rights law widely recognizes it as the arrest, detention, or abduction of an individual by state authorities or affiliated groups, followed by a refusal to acknowledge the deprivation of liberty or disclose the person’s fate and whereabouts (United Nations, 2006). Enforced disappearances violate multiple fundamental rights, including the right to liberty, the right to security, and protection from torture, as established under Article 1 of the CAT (United Nations, 1984).

As a state party to the CAT, Ethiopia is required to enact measures preventing such practices. Specifically, Article 2 mandates that each state party take effective legislative, administrative, judicial, or other measures to prevent acts of torture within its jurisdiction (United Nations, 1984). Additionally, Article 12 requires states to conduct a prompt and impartial investigation wherever there are reasonable grounds to believe that torture or inhumane treatment has been committed (United Nations, 1984). Enforced disappearances fall squarely within this category, as they involve both the unlawful deprivation of liberty and the likelihood of torture or inhumane treatment.

Patterns of Enforced Disappearances of Tigrayans

Reports from Amnesty International (2021) and Human Rights Watch (2022) have documented numerous cases of enforced disappearances targeting ethnic Tigrayans. These incidents have occurred in various contexts, including mass arrests, secret detentions, and extrajudicial transfers.

During the height of the genocidal war in 2021, thousands of Tigrayans were arbitrarily detained across Ethiopia, particularly in Addis Ababa and other regions outside Tigray (Amnesty International, 2021). Many of these individuals, including civilians, journalists, and opposition politicians, were arrested without formal charges and held in undisclosed locations. Families were systematically denied information regarding their whereabouts, which is a defining characteristic of enforced disappearance (Human Rights Watch, 2022).

Forcible transfers and incommunicado detentions have also been widely reported. According to the United Nations Office of the High Commissioner for Human Rights (OHCHR), many Tigrayan individuals were forcibly relocated to detention centers in remote areas without due process (OHCHR, 2021). The Ethiopian Human Rights Commission (EHRC) reported that detainees were often denied access to legal representation or communication with their families, further exacerbating their vulnerability to torture and inhumane treatment (EHRC, 2021).

In addition to mass arrests, enforced disappearances have specifically targeted former Tigrayan government officials and military personnel. In multiple documented cases, former officers of Tigrayan descent were taken from their homes or workplaces by security forces without explanation, and their status remains unknown (Human Rights Watch, 2022). These disappearances show that Ethiopia has engaged in deliberate ethnic profiling, a practice that contravenes its obligations under international law.

Ethiopia’s Legal Violations Under CAT

Further, Ethiopia’s failure to prevent and investigate these enforced disappearances constitutes a direct violation of its obligations under the CAT. The state is legally bound to take all necessary steps to safeguard individuals from arbitrary detention and torture, including by ensuring access to legal representation and communication with families. Article 11 of the CAT specifically requires that each state systematically review interrogation rules and custody arrangements to prevent acts of torture (United Nations, 1984). The Ethiopian government’s use of secret detention facilities and denial of habeas corpus rights directly contradicts this provision.

Moreover, Article 14 of the CAT mandates that victims of torture and their families receive redress, including compensation and rehabilitation (United Nations, 1984). However, Ethiopian authorities have failed to provide any meaningful accountability for victims of enforced disappearances. The lack of transparent investigations and impartial judicial oversight undermines the principle of justice and further entrenches impunity for these human rights violations.

The Role of International Legal Mechanisms

Given Ethiopia’s failure to uphold its obligations under the CAT, international legal mechanisms are essential in ensuring justice for victims of enforced disappearances. The United Nations Committee Against Torture, which monitors states’ compliance with the treaty, has the authority to investigate systemic violations and recommend corrective actions. In cases where national accountability mechanisms fail, international bodies such as the International Criminal Court (ICC) and the African Commission on Human and Peoples’ Rights can play a crucial role in ensuring that perpetrators of enforced disappearances are held accountable.

The principle of universal jurisdiction, which allows states to prosecute individuals responsible for torture regardless of where the crime was committed, also provides an important legal avenue for addressing Ethiopia’s violations. Countries that have incorporated universal jurisdiction laws into their domestic legal frameworks can initiate legal proceedings against Ethiopian officials implicated in enforced disappearances.

Furthermore, international pressure, including targeted sanctions and diplomatic engagement, is critical in compelling the Ethiopian government to fulfill its legal obligations. The imposition of travel bans and asset freezes on individuals involved in human rights abuses can serve as a deterrent against future violations. The involvement of international human rights organizations in documenting abuses and advocating for accountability is equally crucial in ensuring that victims receive justice.

International Response and Recommendations

In 2021, the United Nations High Commissioner for Human Rights issued a statement urging Ethiopian authorities to conduct independent investigations into allegations of enforced disappearances and ensure the release of unlawfully detained individuals (OHCHR, 2021). Similarly, Amnesty International and Human Rights Watch have called for urgent accountability measures, including the identification of perpetrators and reparations for victims (Amnesty International, 2021; Human Rights Watch, 2022).

Conclusion

Ethiopia’s ratification of the CAT in 1994 signified a commitment to upholding human rights and preventing torture. However, the enforced disappearances of Tigrayans during and after the Tigray genocidal war highlight a severe failure to meet these obligations. The continued lack of transparency, accountability, and redress for victims underscores the urgent need for international community to take decisive action in addressing these violations. 

Bibliography

Amnesty International. (2021). "Ethiopia: Authorities Must Reveal the Whereabouts of Tigrayans Forcibly Disappeared." Retrieved from www.amnesty.org

Ethiopian Human Rights Commission (EHRC). (2021). "Report on the Human Rights Violations in the Tigray Conflict." Retrieved from www.ehrc.org

Human Rights Watch. (2022). "Ethiopia: Tigrayans Forcibly Disappeared Amid Conflict." Retrieved from www.hrw.org

United Nations. (1984). "Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." Retrieved from www.ohchr.org

United Nations. (2006). "International Convention for the Protection of All Persons from Enforced Disappearance." Retrieved from www.ohchr.org

United Nations Office of the High Commissioner for Human Rights (OHCHR). (2021). "Joint Investigation Report on Human Rights Abuses in Ethiopia." Retrieved from www.ohchr.org

United Nations Human Rights