CCPR/C/132/D/2651/2015 Advance unedited version
was born out of wedlock. She also reiterates the authorities’ acceptance of her asylum account
and the State party’s acknowledgment of the difficult conditions of Oromo people in
Ethiopia. She refers to an article according to which “In some Ethiopian villages, children
considered “mingi”, or cursed, are killed. A child can be mingi because of physical
deformities, illegitimate birth or superstitions.” 11 She notes that public information also states
that Oromo people are often arbitrarily arrested and accused of belonging to the OLF, 12
which, she submits, underlines her personal risk in light of her individual circumstances.
State party’s additional observations
8.
In its additional observations of 8 August 2017, the State party observes that the author
did not claim a risk arising out of her son’s illegitimate birth in the domestic proceedings.
Neither has she substantiated why he would be at a particular risk. Moreover, she originates
from the city of Jima, which has 160,000 inhabitants, whereas the article invoked, written in
2011, describes the situation in villages. Further, she claimed a risk of persecution by the
Ethiopian authorities, whereas the article mentions that children are killed by tribal leaders.
Information gathered by the RAB states that gender-based and honour-related violence often
occurs in rural and conflict-ridden areas in Ethiopia.13 It is also more common now in large
towns and cities for young men and women to date openly and engage in premarital sexual
relations. The State party concludes that the claim concerning her son’s illegitimate birth
cannot lead to a different assessment, including as considered together with the other
circumstances of the case.
Issues and proceedings before the Committee
Consideration of admissibility
9.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
9.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not and has not being examined under another procedure of
international investigation or settlement.
9.3
The Committee notes that the State party does not submit that the author has not
exhausted all available domestic remedies, except where she did not raise a risk arising out
of her son’s illegitimate birth in the domestic proceedings. The author has not contested this.
Accordingly, the Committee considers that it is not precluded under article 5 (2) (b) of the
Optional Protocol from examining the communication, except insofar as it concerns the
author’s claim of a risk arising out of her son’s illegitimate birth.
9.4
The Committee notes the State party’s submission that the author’s claims under
articles 6 and 7 of the Covenant are inadmissible on the ground that she has failed to make a
prima facie case. With regard to the author’s contention that she has made a prima facie case
against the removal of herself and her son to Italy, the Committee notes that the stipulation
by the DIS that they could be removed to Italy was an alternative assessment for the purpose
of a subsequent hearing before the RAB, and that the State party has clarified the intention
of its authorities to remove the author and her son to Ethiopia, not Italy. Therefore, the
Committee finds that these claims as presented by the author, are not relevant for the case at
hand, and decides not to consider them.
9.5 The Committee also notes the author’s argument that she has made a prima facie case
against her and her son’s removal to Ethiopia, owing to the security conditions for Oromo
11
12
13
8
CNN, “Is the tide turning against the killing of ‘cursed’ infants in Ethiopia?’, 5 November 2011,
<https://edition.cnn.com/2011/11/05/world/africa/mingi-ethiopia/index.html>.
Human Rights Watch, “Ethiopia: Lethal Force Against Protestors”, p. 5; Amnesty International,
“Because I am Oromo: Sweeping repression in the Oromia region of Ethiopia”; Human Rights
Watch, “‘Such a Brutal Crackdown’; Killings and Arrests in Response to Ethiopia’s Oromo Protests”,
15 June 2016, <https://www.hrw.org/report/2016/06/15/such-brutal-crackdown/killings-and-arrestsresponse-ethiopias-oromo-protests>.
Landinfo, Temanotat Etiopia: kvinners situasjon (Thematic memorandum on Ethiopia: The situation
of women), 11 May 2016.