Introduction
5.1
As part of the broader inquiry into the Department of Foreign Affairs and Trade (DFAT) Annual Report 2019–20, on 10 November 2021, the Human Rights Sub‑
committee held a public hearing roundtable focused on human rights abuses in Ethiopia, and the effect of the Tigray War on members of diaspora communities in Australia. In particular, the Committee was interested in hearing from representatives of Tigrayan and Oromian community groups.
5.2
This chapter does not provide a comprehensive examination of the human rights issues arising from the Tigray War. It instead provides an overview of the evidence heard at the roundtable, as well as the Committee’s strong recommendation for greater advocacy to resolve the human rights issues in Ethiopia, and a recommendation for the Committee to hold regular public hearing roundtables on human rights issues in future.
5.3
Due to restrictions associated with the ongoing COVID-19 pandemic, the public hearing was largely conducted virtually. Witnesses at the roundtable included representatives of the:
Australia Tigray Alliance (ATA);
Alliance of Tigrayan Community Associations in Australia and New Zealand (ATCAN);
Oromia Support Group Australia;
Oromian Women Association Australia (OWAA); and
JIRRA Permanent Humanitarian Fund for Oromos (JIRRA).
5.4
Amnesty International, Diaspora Action Australia, Human Rights Watch, and the Department of Foreign Affairs and Trade (DFAT) also provided evidence at the roundtable. The full list of witnesses is available at Appendix A.
Context of the public hearing roundtable
5.5
The roundtable was organised on relatively short notice, as the Committee grew increasingly concerned about the escalating conflict in Tigray and reports of human rights abuses. Following correspondence with members of Ethiopian diaspora groups in Australia, the Committee was keen to ensure a mechanism for public comment on these matters, and greatly appreciates the willingness of witnesses to attend the roundtable and provide such important evidence at short notice.
5.6
In addition to the evidence provide by community groups, the Committee appreciated the opportunity to hear from Amnesty International, Diaspora Action Australia, and Human Rights Watch on the situation in Ethiopia. The Committee also thanks DFAT for providing information and answering questions on the Australian response to the conflict and ongoing human rights issues.
5.7
The Committee heard about the impact of the conflict on Tigrayan and Oromian diasporas in Australia, and noted the significant toll this has taken on the mental health of members of these communities. The Committee is grateful to the witnesses who provided often harrowing accounts of their experiences, and the experiences of their family, friends and communities.
5.8
The program, witness list and full transcript of the public hearing roundtable held on 10 November is available via the Committee’s website: www.aph.gov.au/jfadt.
Human rights issues arising from the conflict
5.9
The Tigray War is an ongoing civil war that began in the Tigray region in northern Ethiopia in November 2020.
5.10
At the public hearing on 10 November 2021, Mr Marc Innes-Brown, First Assistant Secretary to the Middle East and Africa Division, DFAT, advised that ‘the conflict is spreading, and it has the potential to threaten the stability of not only Ethiopia but also the broader Horn of Africa region.’
5.11
Mr Innes-Brown stated that DFAT is ‘also concerned about unrest in other areas of the country, including Amhara, Afar, Benishangul-Gumuz and Oromia.’
5.12
Amnesty International also detailed the escalating nature of the crisis:
In recent months the conflict has bled outside the borders of Tigray as have human rights abuses alongside a horrifying rise in speech advocating for ethnic violence in response to a [Tigray People's Liberation Front (TPLF)] offensive into the Amhara and Afar regions.
5.13
At the hearing, the Committee heard evidence of the dire human rights situation in Ethiopia, including reports of violence and sexual violence, intimidation, high rates of detention and incarceration, and the blocking of food, medicines, and other humanitarian relief efforts. Statements by witnesses acknowledged human right abuses have been committed by all parties to the Tigrayan conflict, though the Committee heard there was strong evidence that the greatest number of abuses were against specific ethnic groups, primarily Tigrayans and Oromos.
Crimes against humanity
5.14
Amnesty International provided an overview of the human rights abuses that have occurred since the start of the conflict in 2020, stating:
Since the conflict, began thousands of civilians have been killed, hundreds of thousands have been displaced and Amnesty International has documented human rights abuses and violations of international humanitarian law, including war crimes and abuses that may amount to crimes against humanity.
5.15
Dr Deborah Mayersen from the University of New South Wales (UNSW) Canberra, was more explicit and declared the nature of the crisis to be ‘a clear case of crimes against humanity and war crimes, and we quite possibly should be considering this a potential case of genocide.’
5.16
The Alliance of Tigrayan Communities in Australia and New Zealand (ATCAN), described the extent of the violence as genocide:
The war was genocide from day one and continues to be today. Between November and June, the entire Tigrayan population was at the mercy of a brutal occupation where soldiers, domestic and foreign, committed countless atrocities—over 260 massacres—and caused a complete communications and media blackout. Horrendous crimes continue to be inflicted on civilians in Western Tigray by Amhara, Ethiopian and Eritrean forces.
5.17
The Oromian Women Association Australia (OWAA), highlighted that human rights abuses occurring in neighbouring Oroma province for the past three years ‘are mirrored in Tigray’ presently:
Oromia was embroiled in conflict only a few months after the current Ethiopian regime ascended to power in 2018 with the promise to transition the country to democracy. Hundreds of thousands were killed and displaced, women and children were raped, and houses were destroyed by Ethiopian military forces.
5.18
Outlining the impact on civilians caught up in the conflict, the Australia Tigray Alliance (ATA), stated that ‘since November 2020, over 60,000 refugees have fled the region into neighbouring Sudan.’
5.19
Drawing comparisons with other conflicts, the ATCAN predicted that ‘if one looks outward to Yemen, it's not difficult to imagine that Ethiopia could degenerate into a similar situation unless a resolution is found quickly.’
5.20
The Oromia Support Group advised that a new political arrangement must be reached for Ethiopia to firmly end these human rights abuses:
To end this cycle of conflict and man-made famine, we must end zero-sum, winner-takes-all ethnic politics in Ethiopia. We must break this mould and establish a democracy which truly and fairly represents all the peoples. A dialogue which is planned, designed by, agreed by and conducted by all the peoples of Ethiopia is needed.
Sexual violence
5.21
Amnesty International stated that the ‘conflict has also been marked by the use of gender based and sexual violence’ as a means of inflicting ‘lasting physical and psychological damage on women and girls in Tigray’.
5.22
Amnesty International revealed that ‘our research indicates that sexual violence is widespread and is explicitly intended to brutalise, humiliate, degrade and dehumanise women in Tigray.’
5.23
The ATA detailed the widespread extent of sexual violence in Tigray:
Seventy per cent of healthcare facilities have been looted or vandalised by invading forces, including the only specialist clinic providing care to rape victims. The [United Nations Population Fund (UNFPA)] estimates that 22,500 women have been raped and need sexual violence support. This number is purported to be much higher.
5.24
The ATA outlined the ethnic cleansing objectives of the sexual violence being used as ‘Ethiopian and Eritrean troops [tell] their victims that they want to ensure that no Tigrayan woman bears another child ever again, and they want to cleanse their identity.’
5.25
The JIRRA Permanent Humanitarian Fund for Oromos (JIRRA), stated that sexual violence has been used as a weapon by the Ethiopian Government in neighbouring Oromia:
There is a pattern of using the rape of women and young male children as a weapon of war, again intended to humiliate and terrorise our people into submission.
5.26
Amnesty International advised that both sides of the conflict had committed acts of sexual violence, and stated it has ‘also released research today documenting the rape of women Amhara and the looting of homes by the TPLF in August 2021.’
5.27
When discussing the availability of aid and support services, Amnesty International stated that ‘[s]urvivors of sexual violence have had difficulties accessing health care and support services’ within Ethiopia and in Sudanese refugee camps.
5.28
Human Rights Watch told the Committee that an Ethiopian Government blockade of Tigray is hampering ‘aid agencies' ability to respond to the many needs of victims of sexual violence.’
Famine and the impact of the blockade
5.29
The ATCAN outlined that ‘in Tigray, subsistence farming is the mainstay of 84 per cent of the estimated 6.8 million people.’ The ATCAN stated this heavy reliance on subsistence farming has been targeted throughout the conflict:
Deaths from starvation started last February after farmers lost their entire crop in the war and have been deliberately subjected to pillaging, looting and destruction of their crops, livestock and farm assets. Last May/June they were prevented from cultivating, and now only expect 20 per cent of the crop yield…
5.30
The ATCAN stated that the Ethiopian Government has restricted access to Tigray since June 2021, which has resulted in ‘a complete blockage of humanitarian aid and basic services—communications, electricity and banking.’ This has left ‘5.2 million people in dire need of life-saving aid, with 900,000 in famine and hundreds being starved to death every day.’
5.31
Amnesty International agreed on the impact of the blockade and advised that, as a result of the Ethiopian Government hindering ‘humanitarian access in Tigray, including health care and desperately needed food for millions of people’, there are ‘400,000 people in Tigray who are currently in famine-like conditions.’
5.32
DFAT advised that ‘an estimated seven million people are in need of humanitarian assistance’ and stated:
It is reprehensible in the context of such need that parties to the conflict continue to actively prevent humanitarian assistance from reaching people in significant need.
5.33
The ATA detailed that through its blockade the Ethiopian Government has induced ‘a man-made famine’ as ‘[a]gricultural activity has been disrupted.’ The ATA stated that ‘only 10 per cent of the region's humanitarian aid is getting into Tigray.’
5.34
Human Rights Watch stated the Ethiopian Government’s blockade has restricted the region’s access to ‘food, medicine, cash and fuel, in violation of international humanitarian law.’ It stated that the blockade ‘has stymied the recovery of health services and directly contributed to a major humanitarian disaster.’
5.35
The ATCAN emphasised that ‘there is no aid coming in [to Tigray]’ and that ‘a lot of the agencies in Tigray have stopped. There is no fuel. There is no money.’
5.36
Stating that ‘there is no avenue to force the Ethiopian government to release aid’, the ATCAN suggested that ‘allowing aid to flow into Tigray would lessen the control that the federal government has’ and that ‘if there is food going into Tigray, the government will negotiate.’
5.37
The ATCAN highlighted that ‘Australia could have significant input into the area of food delivery’ as an avenue which ‘puts political pressure on the government’ as well as ‘making sure that the women who are now starting to die receive food’.
5.38
Cutting through claims of ‘complex narratives’ associated with the causes of the famine, Dr Mayersen declared that there is ‘absolute clarity’ that this is a ‘human induced famine’, stating:
…the Ethiopian government is responsible for the creation and perpetuation of the blockade to Tigray that is preventing food, medicines and essential items getting to Tigray and causing famine-like conditions.
5.39
Dr Mayersen stressed that a focus on remediating this situation ‘offers the greatest opportunity to save lives.’
5.40
The ATCAN made similar representations, stating that ‘there must be an immediate solution as the number of deaths from famine grows exponentially’ and that an urgent delivery of humanitarian aid is needed ‘to save millions from death and a lifelong condemnation to misery from malnutrition.’
Ethiopian Government emergency powers
5.41
Amnesty International raised concerns it held over a ‘sweeping set of emergency powers’ adopted by the Ethiopian Government that may ‘lead to the arbitrary arrests of Tigrayans, human rights defenders and journalists.’ Amnesty International also held concerns that ‘those arrested and detained will be at risk of torture and other ill-treatment.’
5.42
Human Rights Watch stated that the Ethiopian Government’s new emergency powers are ‘legalising acts of unlawful detentions, ethnic profiling and enforced disappearances of ethnic Tigrayans, which have occurred in waves since the beginning of the conflict.’
5.43
The ATCAN stated that under these ‘new state-of-emergency laws, any Tigrayan in Ethiopia can be arrested or is under the threat of being arrested’.
Media coverage
5.44
The Committee heard that the blockade of the Tigray region is also influencing media coverage of the crisis. The ATA described the blockade as ‘preventing journalists and aid agencies from working in the region.’
5.45
Evidence provided by Dr Mayersen agreed with this view, when she stated that ‘no media, no images and no videos are coming out of Tigray at the moment’. Dr Mayersen noted this is ‘hampering’ media coverage as ‘the media want images and videos’.
5.46
Human Rights Watch also detailed that ‘real-time reporting has been challenging throughout this conflict given the government's shutdown of communications and access restrictions.’
5.47
Human Rights Watch stated the actions ‘by warring parties to cut off civilians in Tigray from the world have left communities reeling, not only from the atrocities they face but by a sense of being forgotten.’
Need for further investigation of human rights abuses
5.48
One week before the public hearing roundtable was held, a joint report into alleged violations of international human rights, humanitarian and refugee law committed by all parties to the conflict was released by the Ethiopian Human Rights Commission (EHRC) and the Office of the United Nations High Commissioner for Human Rights (OHCHR).
5.49
DFAT advised that this report highlights:
…serious abuses and violations of human rights, international humanitarian law and international refugee law committed by all parties to the conflict in the Tigray region. Examples of this include unlawful extrajudicial killings and executions, systematic sexual and gender based violence, torture and other forms of ill-treatment, arbitrary detentions, abductions and enforced disappearances.
5.50
Several witnesses were critical of this investigation, with the ATCAN describing it as ‘severely compromised’ and consisting of:
…biased, deliberately watered-down and incomplete findings that sidelined and denied the victims justice but provided a veil of protection for the terrorists to continue to commit war crimes, making it harder for Tigrayans and Ethiopians to find a just foundation for lasting peace and reconciliation.
5.51
Amnesty International described the report by the EHRC and OHCHR as ‘far from a full rendering of the devastation that has been experienced by civilians’ but noted that it ‘does find evidence of extrajudicial killings, sexual violence, arbitrary detention and torture.’
5.52
While acknowledging that the report ‘does document sexual violence by all warring parties’, Amnesty International criticised it for not fully acknowledging ‘the scale of the abuses, including sexual slavery by Ethiopian, Eritrean and Amhara forces.’
5.53
Amnesty International described the report as a ‘first step’ and stated that what is needed is a ‘mechanism that is international and independent and that can collect and preserve evidence with a view towards accountability’, as has been done previously by the UN in ‘Syria, Myanmar and North Korea.’
5.54
Statements from the ATA agreed with this view, and stressed the need for ‘a fully independent investigation and one that doesn't involve the Ethiopian Human rights commission’ as ‘claims that are made on the ground will be hard to verify’ without such a mechanism.
5.55
The ATCAN called on the Australian Government to ‘reconsider its position on the joint investigation and call for a new and independent victim-centred investigation.’
Effect on diaspora communities in Australia
5.56
The Committee heard from several witnesses about the impact of the conflict on diaspora communities in Australia, with the ATA stating:
Every Australian Tigrayan person has had at least one family member killed as a result of this genocide. One of the witnesses here today has lost 24 family members.
5.57
Mr Tsegaye Ararssa, the Secretary of JIRRA, detailed the effect of the conflict on diaspora groups within Australia:
This war on Tigray and on Oromia has a devastating consequence not just for the people at home but also for their compatriots here. The Oromans and the Tigrayans here live with the onerous psychological, financial and social burdens that have disrupted their lives on many levels, be it at home, in schools, in their workplaces and in their businesses.
5.58
Mr Ararssa described the psychological and emotional toll on community members, stating ‘the pain and trauma of loss of loved ones and the consequent mental health problems, including suicidal urge, are palpable.’
5.59
The ATCAN highlighted that Tigrayan diaspora groups within Australia are affected by the human rights abuses in Ethiopia as:
When it affects us, it affects Australia. If we don't work well, if we don't sleep well, if we are traumatised, Australia's economy and Australia's fabric is also affected. So we should not underestimate it.
5.60
JIRRA also detailed the financial impact on community members, stating:
…the burden of raising funds to support their compatriots, in the absence of humanitarian aid that's blocked by the regime, is way too much for individuals to bear. Community members have had to sell their houses and businesses and spend their lifetime savings.
Australian Government response to the conflict
5.61
The Committee heard from DFAT that ‘Australia is providing humanitarian support in Ethiopia to help the most vulnerable.’ This has included:
…$3 million to the World Food Program to provide urgently needed food supplies to those facing the gravest food insecurity. Australia has provided a further $3 million to the International Committee of the Red Cross to reinforce critical health and medical services, support survivors of sexual violence and address the essential needs of the most vulnerable. Additionally, we have deployed humanitarian specialists to several UN organisations under the Australia Assists program. This is in addition to support we provide each year to the UN and other international organisations in core funding for humanitarian action.
5.62
DFAT also outlined Australia’s calls for an end to the violence in Ethiopia:
Foreign Minister Payne and Australian officials have repeatedly called on all parties to the conflict to end hostilities and allow immediate unimpeded access for humanitarian agencies to reach those in need of food and other support. Throughout the conflict, we've expressed Australia's concerns directly with the Ethiopian government and through multilateral avenues including the United Nations Human Rights Council and the United Nations Security Council. We will continue to make Australia's concerns heard.
5.63
Mr Innes‑Brown advised Australian efforts include statements by the Foreign Minister, as well as discussions with the Ethiopian Ministry of Foreign Affairs in Addis Ababa and with the Ethiopian ambassador in Canberra. DFAT described the concerns raised during these discussions as ‘concerns about the violence, about human rights abuses and about humanitarian access.’
5.64
After outlining the findings of the joint EHRC and OHCHR report into alleged human rights violations by all parties to the conflict, Mr Innes‑Brown stated that ‘Australia has consistently called for all perpetrators of human rights abuses to be held to account for their actions and for survivors to be supported.’
5.65
Ms Lynn Bell, Assistant Secretary to the Crisis Preparedness and Management Branch at DFAT, stated that it was also keeping in contact with Australians in Ethiopia throughout the crisis:
We are aware of 288 Australian citizens, permanent residents and immediate family members in Ethiopia. Our post in Addis has had about 60 consular calls from people touching base and, including their family members, it covers about 110 people in those 60 calls. Not all callers have expressed interest in returning to Australia at this time. Since 2 November, we haven't had any calls to our consular emergency centre here in Canberra.
5.66
The ATCAN stressed that Australia cannot afford to be silent as ‘governments denouncing things is important’ and that ‘the voice of any country, especially countries like Australia, does matter.’
5.67
The ATA cited Australia’s commitment to the Responsibility to Protect (R2P) as obliging it to speak out against the human rights abuses in Ethiopia:
We're among the founders of the R2P principle, and there have been several instances over the course of the history of our nation where we have led and been a leading advocate for the international implementation of R2P, such as with the Yazidi genocide, East Timor, and apartheid in South Africa.
5.68
JIRRA said public condemnation of the human rights abuses in Ethiopia would ‘put pressure on the Ethiopian government’ and that ‘Australia should not underestimate the impact of the moral gesture of … [the Parliament] passing a resolution.’
5.69
The ATCAN stated that ‘our understanding is that the Australian government has been good friends with the Ethiopian government’ and that as a result of this prior relationship, it ‘gives our government the opportunity to speak honestly and truthfully with the Ethiopian government.’
Engagement with diasporas in Australia
5.70
Diaspora Action Australia cited the 2017 Foreign Policy White Paper as recognising diaspora groups as ‘one of Australia's foreign policy partners’ with ‘knowledge and networks to help improve our understanding of development and humanitarian issues in other countries.’
5.71
Following the start of the Tigray War, Diaspora Action Australia described its work as ‘supporting communities by lobbying, supplying resources, advising on strategy and securing meetings with DFAT’ with the objective of ensuring community voices were heard. Diaspora Action Australia outlined the work involved in this advocacy, stating:
…it took an enormous amount of work, time and effort to get the Australian government to recognise that the conflict and violence seen in Tigray spread far beyond the region's borders.
5.72
Diaspora Action Australia recognised that there were ‘conflicting views’ amongst diaspora groups, from Tigray, Oromia and elsewhere in Ethiopia, but that they all had ‘one point in mind, and that is to bring peace to their country.’
5.73
Mr Innes-Brown informed the Committee that DFAT has ‘been active in engagement with the diaspora community, including conducting a dozen meetings with community representatives this year as well as responding to their correspondence.’
5.74
The ATCAN stated that it ‘had a conversation with DFAT, particularly, the African desk and the secretary’ but despite attempts to do so, ‘haven't had any chance to meet with the foreign minister’.
5.75
The OWAA advised it had been in ‘close contact with DFAT, through [Diaspora Action Australia (DAA)]’ and that they have had ‘good communication, an open channel and people who listen.’
Further opportunities for multi-lateral engagement
5.76
Dr Mayersen stated that the United States’ actions to resolve the Tigray crisis have been ‘the most robust policy responses’ and encouraged ‘the Australian government to work closely with the United States, because their efforts are proving most influential and effective at this time.’
5.77
Dr Meyersen emphasised that ‘the Australian government would do very well to embellish its power by coordinating with the US government on this issue, to have as much impact as possible.’
5.78
Dr Mayersen also highlighted that ‘as a neighbour, as a member of the African Union and as a country that has in recent months recognised that the Ethiopian government has gone too far’, Kenya would be an ideal country for Australia to partner with:
We need to be working with those allies that have influence on the Ethiopian government to get it to change its course from facilitating and causing this humanitarian crisis to a more moderate and reasonable course allowing humanitarian access, participating in mediation and moving Ethiopia back from the brink of catastrophe.
Committee comment
5.79
The Committee is gravely concerned by the evidence it heard at the hearing. The Committee recognises that there may be little Australia can do to materially improve the human rights situation in Ethiopia. It nevertheless urges all parties to the conflict to exercise any and all measures to halt the grave human rights abuses that are currently being inflicted on millions of people in Ethiopia, especially ethnic Tigrayans and Oromos.
5.80
The roundtable reaffirmed the importance of ensuring marginalised and minority communities have the opportunity to talk to the Committee about important human rights issues, and place on the record the concerns particular to their members. The Committee acknowledges that not all diaspora and community groups were able to participate nor voice their concerns in this public hearing.
5.81
The Committee nevertheless acknowledges the contributions made at short notice, and appreciates the participation of the highly motivated and engaged Tigrayan and Oromian diaspora communities.
5.82
The Committee is of the view that the evidence provided at this roundtable provided a comprehensive yet concise overview of current human rights issues affecting Tigrayan and Oromian peoples in Ethiopia, and of the impact of these issues on members of diasporas in Australia. Importantly, the roundtables held by the Committee enabled these concerns to be placed on the public record.
5.83
The Committee notes that time has elapsed since this public hearing and the tabling of this report, in which the conflict in Ethiopia has continued with no cessation of hostilities as well ongoing limited humanitarian access to the Tigray region.
5.84
The Committee recommends the Australian Government advocate through all possible bilateral and multilateral channels to restore peace in Tigray and to work for social and economic protections for all communities in Ethiopia including through the immediate and unconditional cessation of the blockade of Tigray.
5.85
The Committee recommends that the Australian Government advocate through all available channels and measures for the restoration of peace in Tigray.
5.86
The Committee recommends that the Australian Government consider increasing Australia's humanitarian assistance to respond to the crisis and continue to provide consular assistance to Australians in Ethiopia.
5.87
The Committee recommends that the Government note that, to ensure community voices are heard and important human rights issued are placed on the public record and reported to parliament, the Committee will:
hold an annual public hearing roundtable on a human rights issue or issues; and
include evidence heard at this public hearing roundtable in the Human Rights Sub-Committee’s annual report to the parliament (see Recommendation 1).
Senator the Hon David Fawcett
Chair
Joint Standing Committee on Foreign Affairs, Defence and Trade
15 March 2022
The Hon Kevin Andrews MP
Chair
Human Rights Sub-Committee
15 March 2022