Introduction
In a significant step towards reinforcing human rights protections for its senior citizens, the Federal Democratic Republic of Ethiopia issued Proclamation No. 1182/2020, formally ratifying the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa. This Proclamation, published in the Federal Negarit Gazette on March 13, 2020, signifies Ethiopia’s commitment to the principles and obligations enshrined within the African Union’s instrument. However, the ratification also includes specific reservations and declarations that shed light on Ethiopia’s interpretative approach to certain provisions and its practical implementation strategy.
1. Main Themes and Key Information
The core essence of Proclamation No. 1182/2020 lies in its dual function: formalizing Ethiopia’s adherence to a crucial regional human rights instrument while simultaneously articulating its specific conditions for implementation.
Purpose of the Proclamation
The explicit purpose of Proclamation No. 1182/2020 is “TO RATIFY THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF OLDER PERSONS IN AFRICA.” This act of ratification follows a structured process:
- Protocol’s Adoption: The Protocol itself was adopted by the African Union during its 26th Ordinary Summit of Heads of States and Governments, held on January 31, 2016, in Addis Ababa, Ethiopia.
- Ethiopian Ratification: Ethiopia’s House of Peoples’ Representatives formally ratified the agreement on February 13, 2020.
- Entry into Force: The Proclamation subsequently came into force upon its publication in the Federal Negarit Gazette on March 13, 2020.
Ratification of the Protocol
Article 3 of the Proclamation explicitly states: “Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa is hereby ratified.” This declaration unequivocally establishes Ethiopia’s formal acceptance of the Protocol’s provisions, transforming them into part of its domestic legal framework.
Reservations Entered by Ethiopia
While ratifying the Protocol, Ethiopia has chosen to exercise its sovereign right to enter specific “reservations on the following provisions of the Protocol.”
- Specifically, Article 2(1a) states: “The Federal Democratic Republic of Ethiopia does not consider itself bound by the provisions of Article 22(3 and 4).”
- Analysis: Without the full text of the original Protocol, the precise content of Article 22(3 and 4) remains unstated within this Proclamation. However, the act of making a reservation indicates a deliberate non-acceptance of those particular clauses. This is a common practice in international treaty law where a state agrees to most parts of a treaty but wishes to exclude or modify the legal effect of certain provisions in their application to that state. The reasons for such a reservation could be diverse, ranging from conflict with existing domestic law, budgetary constraints, or a particular policy stance.
Declarations Entered by Ethiopia
In addition to reservations, Ethiopia has also entered specific “declarations on the following provisions of the Protocol.” Unlike reservations, declarations do not exclude or modify the legal effect of treaty provisions, but rather clarify or explain a state’s understanding or interpretation of them.
- A key declaration relates to the implementation of socio-economic rights: Article 2(2a) states: “the Federal Democratic Republic of Ethiopia understands the obligation of the Government for the realization of the Social and economic Rights provided under the Protocol subject to the available economic resource of the country and a progressive regime.”
- Analysis: This declaration is particularly significant. It clarifies that Ethiopia’s commitment to fulfilling the social and economic rights for older persons, as outlined in the Protocol, is contingent upon the country’s available economic resources and will be pursued through a progressive realization. This means that full and immediate implementation of all socio-economic rights may not be feasible due to resource limitations, and the government will strive to achieve these rights over time, as its economic capacity grows. This approach is consistent with how many developing nations approach socio-economic rights in international instruments, recognizing the practical challenges of immediate full compliance.
Implementing Organ
The Proclamation clearly designates the primary governmental body responsible for the Protocol’s implementation:
“The Ministry of Labour and Social Affairs of the Federal Democratic Republic of Ethiopia in collaboration with other concerned bodies is hereby empowered to implement the Rights of Older Persons Protocol.” (Article 4) This designates the Ministry of Labour and Social Affairs as the lead entity, emphasizing the multi-sectoral nature of implementing rights for older persons, requiring cooperation with various other governmental and non-governmental bodies.
Effective Date
The Proclamation “shall come into force upon publication in the Federal Negarit Gazette.” (Article 5). It was officially “Done at Addis Ababa, this 13th day of March, 2020.”