Citation: 2020 RLLR 32
Tribunal: Refugee Protection Division
Date of Decision: November 4, 2020
Panel: Antoine Collins
Counsel for the Claimant(s): Ian D Hamilton
Country: Ethiopia
RPD Number: TB9-09989
ATIP Number: A-2021-00655
ATIP Pages: 000008-000015
REASONS FOR DECISION
[1] This is the decision of the Refugee Protection Division in the claim of [XXX], who claims to be a citizen of Ethiopia, and is claiming refugee protection pursuant to section 90 and 97(1) of the Immigration and Refugee Protection Act (Act).1
Determination/Nexus
[2] I find that you, the Claimant, are a Convention Refugee, pursuant to section 96 of the Immigration and Refugee Protection Act, as you have a serious possibility of persecution on a Convention ground, because of your anti-government political opinion and your membership with the Oromo Liberation Front (OLF).
Allegations
[3] Your allegations are set out in your Basis of Claim Form (BOC)2.
[4] In summary, you allege fear of persecution in Ethiopia at the hands of the Ethiopian authorities due to your anti-government political opinion and being a member of the Oromo Liberation Front (OLF).
ANALYSIS
Identity
[5] I find that your personal and national identity has been established on a balance of probabilities by way of your testimony and a Certified True Copy of your Ethiopian Passport, found at Exhibit 1.
Credibility
[6] The onus rests on the Claimant to establish his/her allegations on a balance of probabilities. When a Claimant swears/affirms to tell the truth, this creates a presumption that those allegations are true unless there be reasons to doubt their truthfulness.3 However, standing alongside this is the recognition that I am entitled to make reasonable findings based on inconsistencies, omissions, implausibilities, common sense, and rationality. I am also entitled to reject un-contradicted evidence if it is not consistent with the probabilities affecting the case as a whole.
[7] In assessing your credibility, I have considered several factors, including your age, level of education and experience, cultural and social factors, the unfamiliar hearing environment and the challenges inherent in responding to questions through an interpreter. As such, I find that your testimony was in-line with what I would reasonably expect of a Claimant with your particular profile regarding your support and membership with the Oromo Liberation Front (OLF) and your anti-government political opinion.
[8] You testified in a forthright, genuine, and voluntary manner. I found your testimony to be detailed, and you intelligently described the political landscape in Ethiopia. Furthermore, I find that you were a credible and reliable witness as to your personal and political circumstances in Ethiopia. There were no relevant contradictions, omissions or inconsistencies between your testimony and the other evidence before me that were not satisfactorily explained.
[9] Overall, I find you to be credible witnesses and therefore I believe what you have alleged in support of your claim.
Supporter and Member of the Oromo Liberation Front (OLF)
[10] Mr. [XXX], you testified that you were a supporter of the OLF since [XXX] of 2014 and became an official member on [XXX], 2018. You indicated that your support and your membership stems from the longstanding mistreatment of the Oromo people that you witnessed firsthand. You testified that growing up you used to hear about the struggle of the Oromo people from your parents and other relatives. I asked what prompted you to become an official member of the OLF at the time when you did. You responded that even though you were a supporter of the OLF since 2014 your knowledge about politics was rather general and that you decided to become an official member of the OLF because you wanted to contribute to the human rights struggle of the Oromo people in whatever way you could. You were able to give me details as to the history of the OLF, and the process to become an official member. In support of your claim you tendered your Oromo Liberation Front Membership Identification document.
[11] I find that you have established, on a balance of probabilities, that you were a supporter and member of the Oromo Liberation Front while in Ethiopia.
Attended Human Rights Demonstrations in Support of the Oromo Community
[12] You testified that while in Ethiopia you participated in three public demonstrations. You were able to give fulsome details as to the peaceful nature of the protests, what they were about, the location, size, and how government authorities used violence to disperse the crowds. You testified that after each demonstration you witnessed many participants who were either injured or killed. I questioned you as to why you would continue to participate in these demonstrations when there was a possibility that you could be injured or killed. You indicated that since you are part of the Oromo community and know the injustice and human rights violations against your community you could not just sit home and do nothing.
[13] I find that you have established, on a balance of probabilities, that you attended three demonstrations in Ethiopia: two in November of 2018 and one in December of 2018.
Claimant was Detained
[14] Your testimony as to your detention on two separate occasions was spontaneous, detailed, and consistent with the information you provided in your BOC and narrative. You were able to describe the circumstance surrounding your detentions, including the appearance of the detention rooms, the questions asked during your interrogations and the circumstances surrounding your releases, in a manner consistent with your BOC.
[15] Regarding your first detention on [XXX], 2019, you testified that you went to the municipality to renew your business license, however, instead you were stopped and taken to a hidden location by two government security officers. You testified that a second arrest/detention occurred on [XXX], 2019, when you went back to the municipality to inquire about your business license and was told that your business license had been cancelled because you were a supporter of the OLF and that you could no longer run a business in the country. You indicated that when you were leaving the municipality you were stopped by city police and taken to [XXX] Prison.
[16] You testified that during both your detentions you were physically abused, accused of facilitating and inciting anti-government movements and organizing Oromo youth to act against the government. You indicated that after you were released from the second arrest on [XXX] 2019 you had to pay a [XXX]-birr bail with the condition of not being involved in any activities of the OLF.
[17] In support of your claim, you provided two witness statements, including one from your wife, [XXX] which confirms your two arrests, and how she accompanied you during your hospital stay after your first detention. Your sister, [XXX] also provided a witness statement, which attests to the action she took to find you after your detentions and what she observed regarding your appearance and physical condition when she was allowed to visit you during your second arrest at [XXX] Prison. You also provided, your Business License Certificate along with a Commercial Registration. I find that these documents are consistent with your testimony and with what you have alleged in your claim.
[18] I asked why you did not provide the board with any documentation regarding your hospital stay and any medical treatment that you alleged to have received. You testified that you were not given any discharge papers and when your wife went to retrieve your medical records, she was unsuccessful. Given the current political climate in Ethiopia, in particular, the treatment of individuals within the Oromo community, I find this answer reasonable and take no issue with it.
[19] I find, on a balance of probabilities, that you were arrested and detained on [XXX] 2019 to [XXX] 2019 and again on [XXX] 2019 to [XXX] 2019.
Political Activities in Canada
[20] You testified that since your arrival in Canada on [XXX], 2019, you have been involved with the Oromo community by attending meetings at the Oromo Canadian Community Association, by joining the Oromo Christian Church of Toronto and participating in several peaceful protest demonstrations in downtown Toronto. You were able to give details as to the peaceful nature of the protests, what they were about, the location, size, and a list of dates that they took place. You testified that you spoke at a number of these demonstrations on how the Ethiopian government is abusive, divisive, and violates human rights. To support your claim, you tendered a letter of support from both organizations4, several photographs5 of you attending demonstrations in Toronto and a compelling video of you attending and speaking at a demonstration held in Toronto after the killing of an Oromo singer/activist.6
[21] I find that you have established, on a balance of probabilities, that you have been actively involved within the Oromo community here in Canada and continue to hold an anti-government opinion.
[22] I find on a balance of probabilities, that you have established that you hold an antigovernment opinion and therefore risk being persecuted by the Ethiopian authorities if you were to return to Ethiopia. As such, you have established a subjective fear.
OBJECTIVE BASIS
[23] The objective evidence is consistent with your accounts of fearing persecution because of your anti-government political opinion in Ethiopia.7
[24] The evidence establishes, on a balance of probabilities, an objective basis for your fear of persecution upon return to Ethiopia. Specifically, Item 2.1 of the National Documentation Package (NDP), the US Department of State 2019 Human Rights Report for Ethiopia which indicates, that authorities arrested and detained opposition party members. It also states that the government uses a widespread system of paid informants to report on activities of individuals, such as opposition members, who report intimidating visits to their homes and offices. Furthermore, Ethiopian police are widely known to engage in serious human rights abuses against actual and perceived government opponents, including arbitrary arrest and detention, excessive use of force, and torture.
[25] Reports from Human Rights Watch 2.3 of the NDP and Amnesty International 2.2 of the NDP still show that there are problems relating to opposition figures. However, in making my independent analysis, I have also looked to the International Criss Group (ICG) report found at 4.1 of the NDP. To summarize the ICG report, it states that “Prime Mister Abiy Ahmed had taken important steps to move the country toward more open politics. But his efforts to dismantle the old order have weakened the Ethiopian state and given new energy to ethnonationalism. Hostility among the leaders of Ethiopia’s most powerful regions has soared.” The report goes on to say “such tensions could derail Ethiopia’s transition. Meanwhile, reforms Abiy is making to the country’s powerful but factious ruling coalition anger opponents, who believe that they aim to undo Ethiopia’s ethnic federalist system and could push the political temperature still higher.”
[26] The objective evidence is consistent with your testimony and what you have alleged in your claim. Especially, your testimony regarding the treatment that you witnessed and suffered because you were a supporter and member of the OLF. Your testimony was clear that anyone who speaks out against the government becomes a target. You provided several news articles in your country document evidence8 that is in-line with what is seen in the NDP.
[27] The situation in Ethiopia is still evolving, and while significant changes are certainly underway, I must consider the circumstance as they are right now. When doing so, I find the risk of persecution of those with anti-government opinions still stands as a serious possibility9. The stated intentions of those in control is not enough, the change needs to be durable.
[28] I find that on a balance of probabilities, the country condition evidence establishes an objective risk.
[29] I further find that your profile, specifically, as an individual who has already come to the attention of Ethiopian authorities through past detentions, who is actively involved in protesting the Ethiopian government here in Canada, and as someone who will continue to hold an antigovernment political opinion, is consistent with your subjective fear.
[30] Accordingly, I find that you have established a well-founded fear of persecution.
STATE PROTECTION
[31] Ethiopian authorities are responsible for widespread human rights violations committed with impunity throughout the country, including arbitrary arrest, excessive use of force and torture.10
[32] Given that the state is the agent of persecution, I find that it would be objectively unreasonable for the you to seek protection of the State in your circumstances, and that adequate State protection would not be reasonably forthcoming.
INTERNAL FLIGHT ALTERNATIVE
[33] The Ethiopian government exercises its power throughout the whole of its territory and those who oppose the Ethiopian State are unlikely to be able to avoid attracting the attention of officials by relocating.11
[34] Given that the State is the agent of persecution with control over the entire country, I find that there is a serious possibility of persecution throughout Ethiopia, and therefore that a viable Internal Flight Alternative (IFA) does not exist.
CONCLUSION
[35] Having considered the totality of the evidence, I find that you, Mr. [XXX], would face a serious possibility of persecution upon return to Ethiopia due to your anti-government political opinion pursuant to section 96 of the IRPA.
[36] Accordingly, I accept your claim.
(signed) Antoine Collins
November 4, 2020
1 Immigration and Refugee Protection Act.
2 Exhibit 1.
3 Maldonado [1980] 2.F.C. 302 (C.A).
4 Exhibit 3
5 Ibid.
6 Provided at the hearing a recording of the video on Claimant’s phone.
7 National Documentation Package, Ethiopia, June 30, 2020.
8 Exhibit 6.
9 Item 4.1, National Documentation Package, Ethiopia June 30, 2020.
10 National Documentation Package, Ethiopia, June 30, 2020.
11 Ibid.