Proscription of Encouragement of Terrorism in Ethiopia: Analysis of its Consistency with Freedom of Expression

Abstract

The theme of the thesis is to analyze the Ethiopian Anti Terrorism Proclamation's stipulation that criminalizes speech that encourages terrorism in light of the right to freedom of expression as envisaged in the Constitution of the Federal Democratic Republic of Ethiopia and the International Covenant on Civil and Political Rights. In such analysis, definition of terrorist acts in the Proclamation has been explored as encouragement of terrorism should be related to to these acts. Moreover, the substances of freedom of expression and the legitimate restriction standards that must be observed in limiting free speech are also other subjects of the study.

The discussions on definition of terrorist acts and substances and limitation clauses of freedom of expression serve as an input to the analysis of the Proclamation's provision on encouragement of terrorism. Hence, after making clear the meaning and scope of proscription of encouragement of terrorism within the Proclamation's framework, the study reveals whether this limitation on freedom of expression passes the three tests of legitimacy, namely 'provided by law', 'in pursuance of legitimate aims' and 'necessary'. The thesis winds up with the findings of study and recommendations thereof.