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notably the Nuer, are reluctant to become judges. Independent non-governmental organizations
(NGOs) noted that the Government had engaged with community-led conflict prevention and
reconciliation projects and made efforts to listen to the concerns of different groups. They
described “improved space” for civil society activities supported by international NGOs and
agencies.
40.
The Ethiopian National Defence Force (ENDF) had been called for by the state cabinet
prior to 2003 to address “anti-peace” elements and assist the regional government. It was
acknowledged that individual ENDF members may have committed crimes, and some had been
arrested and convicted, although details were unavailable. Reports of ongoing violations by the
ENDF, including killings and rape in rural areas, were described as “allegations to be dealt with
by the courts”. The military presence in the region was described as necessary for peace and
security in the region, particularly in view of the porous border with Sudan, used by elements
that wished to create instability. The security situation generally was said to have improved
although recent reports from rural areas contradict this claim.
41.
The independent expert expressed her serious concern to regional authorities over the fact
that many individuals, largely of Anuak ethnicity, had been held in prison without trial since
December 2003, in contravention of the constitutional guarantee of speedy trials. Subsequently
during her visit, she was informed that the mobile federal court would be visiting Gambella the
following week to conduct hearings into such cases. Since leaving the region, she has been
informed of the release of six individuals due to lack of any evidence or witnesses against them.
The mobile court is due to return to Gambella in January 2007 to recommence hearings.
42.
The independent expert welcomed efforts on the part of the Government to promote
stability, engage with communities and respond to their issues.8 Efforts must be greatly
enhanced, however, to ensure security for all communities and to safeguard against future
serious incidents. In view of the prevailing circumstances in Gambella and continuing tensions,
there remains a significant risk that such incidents could occur, and priority should be given to
reducing tensions and building confidence among and between ethnic groups. Reports were
provided of killings and other grave human rights violations that could have escalated rapidly,
but which were contained, including through timely interventions of the federal police.
43.
Military forces active in the region must be appropriate for, and sensitive to local
conditions, including in regard to their ethnic composition, their distribution and the location of
their barracks, their duties, and discipline. The military should be located in barracks outside
Gambella town and restricted from entering it. Measures must be taken to ensure and
demonstrate that communities such as the Anuak can be confident of protection by the military
8
In addition, the President of the regional Supreme Court expressed an interest regarding the
provision of human rights information and documentation, and possibilities for technical
assistance by OHCHR. The independent expert noted that she would investigate possibilities
and provide relevant materials to enable the Supreme Court to undertake human rights and
minority rights awareness-raising initiatives within the judiciary. A similar request was made by
the Commissioner of Police of Gambella regarding relevant materials relating to policing,
security and criminal justice in multi-ethnic societies.