TOR for Conducting Background Research on Freedom of Movement in Ethiopia – Lawyers for Human Rights
Legal
Lawyers for Human Rights
1. Background
Lawyers for Human Rights (LHR) is an Ethiopian civil society organization re-registered on September 19 2019 before the FDRE Civil Societies Organizations Agency in accordance with Proclamation No. 1113/2019. The objectives of the Organization is to promote and advocate human rights among others through increasing the participation and contribution of lawyers in the area of human rights through training and other capacity-building activities and supporting and helping lawyers across the nation to exchange ideas, information and experience for better protection of human rights and prevalence of human rights; litigating before courts and other relevant organs to ensure protection and promotion of human rights recognized under the FDRE Constitution and other laws; creating awareness for justice organs about international human rights instruments ratified by Ethiopia; providing free or low-cost legal services for victims of human rights violation particularly disadvantaged communities; lobbying the government to enact new laws or amend existing ones to give full protection for human rights; and familiarizing the idea of human rights defenders (HRD) among the lawyers.
To achieve its objectives, LHR has been engaging with national and international stakeholders in the past years including National Endowment for Democracy (NED), Open Society Initiative for Eastern Africa (OSIEA), USAID Justice Activity Project, Freedom House (FH), and Konrad Adenauer Stiftung (KAS). Currently, LHR is implementing a project in collaboration with the Open Society Foundations – Africa program. One of the activities of the project is researching cases of freedom of movement in Ethiopia.
Freedom of movement is a legally guaranteed right under the FDRE Constitution, the African Charter on Human and Peoples’ Rights, and the International Convention on Civil and Political Rights. This right includes the right to liberty of movement and freedom to choose residence, as well as the freedom to leave the country at any time someone wishes to. The FDRE Constitution does not explicitly provide the circumstances in which the right would be limited, this absence gives the impression that the right is not subject to limitation in Ethiopia. However, commentators note that the absence might lead to the arbitrary imposition of limitations giving the right holder no recourse to ensure that the limitation is a justified and reasonable one. The ACHPR under Article 12(2) and ICCPR Article 12(3) provide the right may be limited in two ways. Firstly, restriction is possible when it is provided by law that is in conformity with the Convention and the Charter. Secondly, the right can be limited only when it is passed to protect national security, public health, public order, morals, and the rights of others. Moreover, the UN Human Rights Committee under its General Comment No.27 to Article 12 of the ICCPR, provided that the permissible limitations that may be imposed on the rights must not nullify the principle of liberty of movement, and are governed by the requirement of necessity provided for in article 12, paragraph 3, and by the need for consistency with the other rights recognized in the Covenant.
In Ethiopia, several rights groups report that there are various arbitrary/discriminatory restrictions that go against the Constitution, and regional and International legal instruments on people moving from place to place, including the restriction placed to enter the capital city from certain regions, from regions to regions, as well as putting in place command posts restricting citizens right to movement within their living areas, including curfews. For instance, there were reports that show restrictions of movement from the Amhara region to Addis Ababa, and from the Tigray region to Addis Ababa and Amhara region. Further, the establishment of command posts and placement of curfew in various Woredas of the Southern Nations Nationalities and Peoples’ Region, Oromia Region, and the Amhara region also curtailed freedom of movement.
To this end, LHR is looking for a qualified consultant who will conduct background research on freedom of movement in Ethiopia and its state of respect and protection.
2. Objective
The main objective of this consultancy service is to prepare background research on freedom of movement in Ethiopia, more specifically the mobility of citizens from one place to another in the country, intra and inter-regions. The research will be an important document for understanding the nature and extent of violations of freedom of movement in Ethiopia and its impact on other rights. It will also serve as a basis for advocacy and litigation which aims at ensuring better protection of the right.
3. Scope of the Work
The consultant will prepare background research on the legislative and institutional frameworks regulating freedom of movement in Ethiopia, more specifically intra and inter-state travel restrictions.
In preparing the study, the consultant will carry out the following tasks:
- Desk review of the relevant national, regional, and international legal instruments and pieces of literature that deal with freedom of movement;
- Examine the restrictions placed on the right to freedom of movement in Ethiopia and their compatibility with international standards;
- Conduct case studies on selected violations of the right to movement in Ethiopia in light of standards of legality, legitimate purpose, necessity, and proportionality
- Carryout consultations with the relevant organizations’ leadership working on the subject matter;
- Prepare a study report, providing the gaps and challenges in the implementation of the existing legal and institutional frameworks and recommendations with specific aspects that need to be improved; and
- Present the findings of the study report in an expert meeting to be organized by LHR.
4. Expected Results and Deliverables
The consultant will provide the following deliverables:
- Inception report which contains the possible contents of the research, methodology, and work plan with a timeframe;
- Draft research report. LHR will provide comments on the draft and the consultant will finalize the research in view of these comments;
- Final research output; and
- Presentation of the research findings in an expert meeting to be organized by LHR.
5. Timeframe
The level of effort for this assignment is 25 working days.
The applicants who want to compete in conducting the research should meet the following qualifications and competencies:
- At least a Master’s Degree in Law preferably with a focus on human rights, preferably with equivalent research experience;
- Proven experience in research and experience working with human rights, freedom of movement, and related research topics;
- Well informed about the social and human rights approach to freedom of movement and understanding of contemporary human rights and the socio-political context of Ethiopia; and
- Fluency in both written and spoken English;
