Prevention and Suppression of Terrorism Crimes Proclamation No. 1176-2020 (Ethiopia)

Date of Issuance: March 25, 2020

Introduction

The Federal Democratic Republic of Ethiopia’s legislative landscape concerning national security underwent a significant transformation with the enactment of Proclamation No. 1176/2020, the “Prevention and Suppression of Terrorism Crimes Proclamation.” This legislation marks a pivotal shift from its predecessor, Anti-Terrorism Proclamation No. 652/2001. It had garnered criticism for its perceived “gaps in content and implementation.” These gaps were seen as having “adverse effects on the rights and freedoms of citizens.” The new Proclamation sets out to create a robust and balanced legal framework. It aims to combat terrorism effectively. At the same time, it enhances the protection of individual rights and freedoms. It ensures accountability within law enforcement. It fosters international cooperation. The Proclamation also provides crucial support to victims of terrorist acts. This chapter delves into the comprehensive provisions of this landmark legislation, exploring its rationale, definitions, institutional roles, and procedural safeguards.

1. Rationale and Objectives of the Proclamation

The necessity for a revised anti-terrorism law in Ethiopia is articulated through several key rationales:

Recognition of Threat: The Proclamation begins by stating that “acts of terrorism pose a serious threat to human beings and property.” These acts unequivocally imperil “the peace and security of our country and the world.” This fundamental recognition underscores the state’s inherent duty to protect its citizens and sovereignty.
Government Responsibility: It reaffirms the government’s solemn responsibility to safeguard national and public peace and security, thereby necessitating the implementation of strong preventative measures and the application of proportionate punishment for offenders.
Addressing Previous Gaps: Crucially, the new Proclamation explicitly identifies deficiencies in the repealed Proclamation No. 652/2001. These “gaps in content and implementation” were recognized as having “adversely affected the rights and freedoms of citizens.” Consequently, a core objective of Proclamation No. 1176/2020 is to rectify these shortcomings by “adequately to protect rights and freedoms of individuals and prevalence of accountability of law enforcement bodies.” This marks a deliberate legislative effort to embed human rights protections more deeply within counter-terrorism operations.
International Cooperation: Ethiopia is committed to global efforts against terrorism. This commitment is highlighted by its recognition of the imperative to “cooperate with countries having anti-terrorism objective”. Ethiopia also aims to implement international agreements to which it is a party. Special emphasis is placed on adherence to “conventions concluded and decisions passed by the United Nations and the African Union.”
Victim Support: A progressive addition to the legal framework is the acknowledgment of the need for a system “which would enable to provide medical care, rehabilitative and other related support to victims of terrorist acts.” This provision introduces a victim-centric approach previously lacking in explicit legislative terms.

2. Definition of Terrorism Crime and Related Offences (Part Two)

Part Two of the Proclamation is dedicated to meticulously defining terrorism crimes and various related offenses, along with their corresponding penalties.

Terrorism Crime (Article 3)

Terrorism crime is broadly defined as acts committed with a “political, religious or ideological objective” aimed at “terrorizing the public or a certain section of the society or coercing or compelling the Government, Foreign Government or International Organization.” These acts specifically include:

Causing serious bodily injury or endangering life.
Hostage-taking or kidnapping.
Damaging property, natural resources, or the environment.
Seriously obstructing public or social services (e.g., water, electricity, telecommunications, transport, finance).

The punishment for general acts of terrorism ranges from 10 to 18 years rigorous imprisonment. More severe acts, such as those resulting in death or serious damage to historical/cultural heritage or critical infrastructure, carry penalties of 15 years to life rigorous imprisonment, or even the death penalty.

Exclusion of Legally Recognized Protests (Article 4)

Article 4 is a significant and commendable provision of this Proclamation. It explicitly states that “obstruction of public service occurred due to exercising legally recognized rights such as strike, peaceful demonstration, or assembly shall not be considered as a terrorist act.” These rights are similar and equally protected. This crucial exclusion aims to prevent the misuse of anti-terrorism legislation. It stops the suppression of legitimate forms of dissent or civil action. It distinguishes them clearly from genuine terrorist activities.

Related Offences with Penalties

The Proclamation also outlines various offenses related to terrorism, each with prescribed penalties:

Threatening to Commit a Terrorist Act (Article 5): Punishable by 1 to 5 years rigorous imprisonment, with consideration given to the credibility of the threat and its potential to cause terror.
Planning and Preparation for Terrorism (Article 6): Planning a terrorist act carries 3 to 7 years rigorous imprisonment, while concrete preparation for such an act warrants 5 to 12 years rigorous imprisonment.
Conspiracy to Commit a Terrorist Act (Article 7): Engaging in a conspiracy to commit a terrorist act is punishable by 5 to 12 years rigorous imprisonment.
False Threat of Terrorism (Article 8): Making a false threat of terrorism can result in simple imprisonment, or 3 to 10 years rigorous imprisonment if it causes actual damage.
Providing Support (Article 9): Knowingly facilitating or assisting a terrorist act or organization (e.g., preparing documents, providing skills/advice, supplying weapons/explosives, training, recruiting) carries 7 to 15 years rigorous imprisonment. Financial support is similarly punishable. Negligence in providing support incurs 1 to 5 years simple imprisonment. Notably, humanitarian aid provided by humanitarian organizations is explicitly exempted from punishment (Article 9(5)), safeguarding the vital work of aid agencies.
Incitement (Article 10): Incitement leading directly to a committed or attempted crime is punishable by the penalty for the crime itself. Public incitement (through speech, writing, etc.) leading to a committed or attempted crime carries 3 to 7 years rigorous imprisonment. If the crime is neither attempted nor committed, incitement still carries 1 to 5 years rigorous imprisonment.
Possessing Property Associated with Terrorism (Article 11): Punishable by 3 to 10 years rigorous imprisonment (in addition to property confiscation), or 1 to 3 years rigorous imprisonment for negligence.
Crimes Against Informers/Witnesses (Article 12): Obstruction or harm to informers/witnesses carries 3 to 7 years rigorous imprisonment, with more severe penalties if it leads to serious bodily harm or death.
Crimes Against Judiciary/Executive Organs (Article 13): Obstruction or violence against individuals performing duties related to preventing, investigating, prosecuting, or judging terrorism crimes is punishable by 3 to 7 years rigorous imprisonment, with more severe penalties for serious bodily harm or death.
Destroying Evidence (Article 14): Carries 1 to 3 years rigorous imprisonment, or 3 to 10 years rigorous imprisonment for severe cases or the destruction of primary evidence.
Failure to Notify and Assisting Suspects (Article 15): Failure to immediately notify police about a terrorism crime or its perpetrator results in 1 to 3 years rigorous imprisonment. If the failure is severe and could have prevented the crime, the penalty increases to 3 to 7 years rigorous imprisonment. Assisting a suspect to evade prosecution is punishable by 3 to 5 years rigorous imprisonment. An important exemption exists for legally privileged information, unless it concerns an ongoing or about-to-be-committed crime (Article 15(5)).

3. Proscription of Organizations as Terrorist Organizations (Part Three)

Part Three details the crucial process by which organizations can be officially designated or “proscribed” as terrorist entities, and the legal ramifications of such a designation.

Power to Proscribe (Article 18)

The ultimate authority to proscribe an organization as terrorist rests with the House of Peoples’ Representatives (HoPR), requiring a two-thirds majority vote. This power can be exercised irrespective of whether the organization has been prosecuted or punished in a court of law.

Conditions for Proscription (Article 19)

An organization can be proscribed if specific conditions are met, demonstrating its inherent connection to terrorist activities:

Its primary objective is to commit terrorism crimes.
Its management or decision-making body explicitly accepted or directed the commission of the crime.
The crime is characteristic of the organization’s practices, or the majority of its employees act with knowledge of the crime.

Furthermore, if the UN Security Council proscribes an organization, the Ethiopian Council of Ministers will publicly announce it, making the proscription effective in Ethiopia without requiring a separate HoPR vote.

Procedure for Proscription (Article 20)

The process for proscription involves a series of steps designed to ensure a degree of due process:

The Federal Attorney General proposes proscription to the Council of Ministers, which then approves and submits the proposal to the HoPR.
The proposal must contain detailed reasons. Crucially, confidential information can be summarized if its disclosure would harm national security, public safety, or foreign relations.
The HoPR is mandated to invite the organization to provide its comments within a reasonable timeframe, granting the organization the right to access non-confidential evidence presented against it.

Effects of Proscription (Article 22)

Once an organization is proscribed, significant legal consequences follow:

All transactions and dealings of a proscribed organization are rendered “null and void.”
The Federal Attorney General is required to request a court to dissolve any juridical persons that have been proscribed.
The property of proscribed organizations will be confiscated by court order.

Changes in Name/Identity (Article 23)

To prevent circumvention, the Proclamation stipulates that an organization undergoing proscription or already proscribed cannot evade the proscription by changing its name, symbol, or forming a new entity with a fundamentally similar nature.

Revocation of Proscription (Article 24-26)

The Proclamation also provides a mechanism for the revocation of proscription:

The Federal Attorney General can propose revocation to the Council of Ministers and then to the HoPR.
Revocation is possible if the organization has demonstrably ceased committing terrorism crimes and is unlikely to engage in such acts again.
Individuals can petition the Federal Attorney General for revocation.
Importantly, revocation does not nullify actions taken during the proscription period (e.g., confiscated property is generally not returned).

Absence of Criminal Liability (Article 27)

To encourage participation in the proscription process, individuals are explicitly not held criminally liable for providing information to oppose proscription or request its revocation.

4. Participation in a Proscribed Organization (Part Three, Section Two)

This section outlines the criminal liabilities for individuals associated with proscribed terrorist organizations.

Heading a Terrorist Organization (Article 29)

Leading a proscribed organization, whether in whole or in part, carries a penalty of 7 to 15 years rigorous imprisonment. This applies to individuals in management, decision-making, planning, or oversight roles within such an entity.

Membership and Training (Article 30)

Being a member of or receiving training from a proscribed organization is punishable by 1 to 5 years rigorous imprisonment. This applies to individuals who actively participate in the organization’s activities, accept its objectives, or publicly declare membership. Individuals who cease their involvement before an organization’s proscription are generally exempted, unless they committed other crimes during their involvement.

5. Prevention of Terrorism Crimes (Part Four)

Part Four of the Proclamation focuses on proactive measures and obligations aimed at preventing terrorism crimes.

Surprise Search (Article 31): Police are authorized to conduct surprise searches with permission from the Federal Police Commissioner General to prevent terrorism offenses, emphasizing a preventive law enforcement approach.
Rescuing Persons Exposed to Terrorist Acts (Article 32): In cases of an actual or imminent terrorist attack, police can issue orders to move people, provide medical aid, neutralize dangerous items, and control affected areas. Cooperation with these orders is mandatory for the public.
Obligation of Lessors and Accommodation Providers (Article 33): Lessors of property (houses, vehicles, etc.) are obligated to retain tenant information for two years after the rental period. Individuals hosting foreign citizens must inform the nearest police station within 72 hours and provide passport copies. Violations of these obligations carry simple imprisonment or fines.
Obligation to Provide Information (Article 34): Police can request information from government offices, private organizations, or individuals with a court order for terrorism prevention or investigation. In urgent cases, information can be requested without a court order, but the court must be informed within 72 hours for review and approval. Confidentiality of such information must be maintained.
Preventing Terrorist Ideology and Violent Extremism (Article 35): The government takes on a crucial responsibility to educate and prevent individuals, especially children and youth, from being recruited or radicalized. It also commits to supporting rehabilitation for those exposed to or involved in terrorist ideology, in cooperation with non-governmental organizations. Rehabilitative measures within prisons for convicted terrorists should specifically aim to free them from extremist ideologies.

6. Role and Accountability of Institutions (Part Five)

Part Five delineates the responsibilities and accountability mechanisms for key institutions involved in counter-terrorism efforts.

Federal Police (Article 36): The Federal Police possess nationwide authority to investigate terrorism crimes, apprehend suspects, and request cooperation from regional police forces. They are mandated to assign trained, ethical, and experienced investigators, with particular attention to human rights. They are also responsible for ensuring regional police uphold these standards when delegating authority.
National Intelligence and Security Service (Article 37): The National Intelligence and Security Service is tasked with monitoring terrorism crimes. They have the power to apprehend individuals who are about to commit, are committing, or have committed terrorism crimes, and must hand them over to the police within the legally required timeframes. Importantly, the Service cannot arrest individuals suspected of terrorism crimes; this power is reserved for the police.
Federal Attorney General (Article 38): The Federal Attorney General plays a central role in directing investigations, conducting litigation, and monitoring the treatment of terrorism suspects. They must assign trained, ethical, and experienced professionals to these tasks and ensure that regional attorneys uphold these standards when delegating authority.
Jurisdiction (Article 39): The Federal High Court holds primary jurisdiction over terrorism cases, including pre-trial detentions, arrest warrants, and search warrants. In urgent situations, any court with criminal jurisdiction can issue arrest or search warrants, but all claims related to detention by terrorism suspects must be prioritized by the courts.
National Anti-Terrorism Coordinating Committee (Article 40): The Prime Minister is responsible for establishing this committee, which is led by the National Intelligence and Security Service. Its purpose is to develop joint anti-terrorism plans and coordinate institutional efforts. This coordination, however, must not infringe upon the independent powers of individual institutions.
Accountability of Executive Bodies (Article 41): The Proclamation emphasizes accountability, stating that individuals or institutions responsible for enforcing this proclamation are subject to disciplinary, civil, and criminal liability for legal violations. The Federal Attorney General is specifically tasked with ensuring such accountability. Furthermore, courts can order compensation (ranging from Birr 10,000 to 100,000) for moral damages if law enforcement bodies violate the law during criminal proceedings, providing a tangible redress mechanism for victims of official misconduct.

7. Special Investigation Techniques (Part Six)

Part Six outlines the use of special investigation techniques, acknowledging their intrusive nature and establishing conditions for their application.

Permitted Techniques (Article 42)

When conventional methods prove insufficient and there is a significant terrorist threat, police can employ specific special investigation techniques, generally requiring a court order:

Intercepting communications (mail, phone, internet, etc.).
Surveillance, audio/video recording.
Infiltrating and observing suspects’ activities.
Creating simulated communications.

Authorization and Time Limits

A court order is generally required for these techniques. However, in urgent cases, police can proceed with permission from the relevant prosecutor, but they must inform the court within 48 hours for review and approval. Court authorization for special investigation techniques cannot exceed 90 days, with a possible extension of up to 30 days.

Confidentiality and Destruction of Information

Information gathered through these techniques must be kept confidential until the investigation is complete. Crucially, information not serving as evidence must be destroyed, ensuring privacy protections. Communication service providers are obligated to cooperate with court-authorized interceptions, and evidence obtained through interception must be presented in its original form to be considered valid.

Duty to Provide Information (Article 43)

Any person has a duty to provide information or evidence to the police for terrorism prevention or investigation, unless it poses an unreasonable risk. Information impacting personal privacy requires a court order, except in urgent circumstances where the court must be informed within 72 hours. Confidentiality must be maintained.

8. Miscellaneous Provisions (Part Seven)

The final part of the Proclamation addresses various general and transitional provisions.

Establishment of Fund (Article 44): A significant new provision is the establishment of a “terrorism crimes victims fund.” This fund is designed to support terrorism prevention services, cover medical expenses for victims, provide rehabilitation for victims, and offer rehabilitation services for individuals exposed to terrorist ideology. The fund’s income sources include confiscated property and fines from crimes under this proclamation.
Treatment of Suspects/Prisoners (Article 45): This Article explicitly reiterates that suspects and prisoners held under this proclamation must have their rights and conditions protected in accordance with the Ethiopian Constitution, ratified international agreements, and other national laws.
Transitional Provisions (Article 46): Cases initiated under the repealed Proclamation No. 652/2001 will be completed under that old law, unless this new proclamation is more favorable to the accused, demonstrating a commitment to the principle of lex mitior (more lenient law).
Inapplicable Matters (Article 47): The proclamation clarifies that it does not apply to matters covered by the laws of armed conflict (specifically referring to the Geneva Conventions and their Protocols). However, it does apply to terrorism crimes committed by or related to organizations proscribed under this proclamation, even in such contexts, indicating its broad applicability to non-state actors engaged in terrorism.
Repealed Law (Article 48): The Anti-Terrorism Proclamation No. 652/2001 is formally repealed. Furthermore, provisions of the Criminal Code are rendered inapplicable where explicitly covered by this proclamation. It also states that the special investigation techniques outlined in Article 42 are temporary until a new comprehensive Criminal Procedure and Evidence Law is enacted, signaling ongoing legislative reform.