Citation: 2020 RLLR 37
Tribunal: Refugee Protection Division
Date of Decision: February 21, 2020
Panel: M. Dookun
Counsel for the Claimant(s): Teklemicheal A Sahlemariam
Country: Ethiopia
RPD Number: TB8-06719
ATIP Number: A-2021-00655
ATIP Pages: 000052-000057
DECISION
[1] MEMBER: So I have enough information ma’am to go ahead and make a decision in your claim without hearing from your counsel. Mr. Interpreter I ‘m just going to mute you and you can do this simultaneously okay, counsel you know if you need me just wave right?
[2] So ma’am based on the information that I have in front of me you are a [XXX] old female citizen of Ethiopia. You are seeking refugee protection pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act, sorry I see Mr. Interpreter looking at me are you hearing me okay Mr. Interpreter or have you waved interpretation?
[3] INTERPRETER: She waived (inaudible)
[4] MEMBER: You waived interpretation? Is that what happened?
[5] INTERPRETER: Yes, I will stay though.
[6] MEMBER: Got you, alright so I don’t have to mute you then fine.
[7] So the specific details of your claim ma’am are set out in your basis of claim form which I’ve labelled Exhibit 2.
[8] To summarize you are of Oromo ethnicity, in around [XXX] 2017 after your brother was displaced you along with other Oromo people demanded that the Oromia government seek justice for the Oromo people who were killed in an attack by the Liyu L-I-Y-U, forgive my pronunciation, police in [XXX] 2017.
[9] So as a result of your actions you were detained overnight with the condition that you appear whenever the authorities demanded that you appear. After the state of emergency was declared in [XXX] 2018 you received word that two of the persons that were with you in [XXX] 2017 were arrested and two others had gone into hiding.
[10] You then decided to flee Ethiopia for Canada. You fear that if you return to Ethiopia you could be killed by the government due to your ethnicity as Oromo and also due to your perceived political opinion and also due to your failure to comply with their demands which is to make yourself available whenever they ask for you.
[11] There’s also a brief mention in your basis of claim form of a fear of your Muslim family members because of your marriage to a Christian man which occurred in approximately 1992 by the Western calendar. I have to note that this fear is not reiterated in your narrative.
[12] Anyway the panel finds that you are a person in need of protection pursuant to Section 97(1) of the Immigration and Refugee Protection Act.
[13] With regard to your identity, you established your identity by way of your Ethiopian passport which I have in Exhibit 1. You testified that that is a genuine document, you established your identity as Oromo by way of your Kebele card which I have in Exhibit 4 and also a letter from an Oromo organization also in Exhibit 4. So, on a balance of probabilities the panel accepts your personal identity as you’ve alleged.
[14] With regard to credibility I have to the [XXX] report in Exhibit 5 that report warned me that you may find being questioned reminiscent of being interrogated which might cause you to experience [XXX] throughout the hearing such [XXX].
[15] The [XXX] report warns that you may display nonverbal behaviours in response to questions that are a reflection of your experiences in Ethiopia. So I was mindful of that as I was asking you questions this afternoon, that’s one of the reasons that the questions were few.
[16] That being said you did testify in a straightforward manner, you made no attempts to embellish your testimony. There were no inconsistencies or contradictions inherent in your testimony. Your responses were all very detailed and direct.
[17] I noticed that there were times where you switched from the Oromo language to the Amharic language but thankfully we had an interpreter who spoke and understood both languages so that was not a really a problem this afternoon. Overall the panel has no reason to doubt that your sworn testimony was truthful.
[18] Now very briefly with regard to your religion and your fear based on the interfaith marriage, there was no real persuasive evidence put forward to support the allegation that there would be a risk to your life or a risk of persecution based on your interfaith marriage.
[19] The documents at 12.1 specifically states that most major religions respected each other’s religious practises and permitted intermarriage. You may have faced some displeasure at the hands or the voice of your family members because of your choice but nothing that amounts to persecution or a risk to life. So the panel finds no objective basis for your fear based on your interfaith marriage.
[20] Now with regard to the situation for the Oromo people in Ethiopia and the change of circumstances I rely heavily on the documentary evidence in Exhibit 3 which talks about the changes that have occurred in Ethiopia since the new Prime, Oromo Prime Minister has taken place.
[21] Now the panel is aware that the Oromo people have faced persecution in Ethiopia at the hands of the Ethiopian government in the past just as you’ve described ma’am but the panel finds that the changes that have occurred in Ethiopia appear to be substantial and appear to be sustainable.
[22] I’m going to talk about a few of those changes and this information comes from 2.1 of Exhibit 3, the government in Ethiopia took positive steps towards greater accountability under Prime Minister Abiy to change the relationship between security forces and the population.
[23] On June 18th 2018, 2017, 2018 the Prime Minister 2018 yes, thank you counsel, the Prime Minister spoke to the nation and apologized on behalf of the government for decades of mistakes and abuse he said amount to terrorist acts. Prime Minister Abiy’s assumption to office was followed by positive changes in the human rights climate.
[24] The government decriminalized political movements that had been accused of treason in the past, this includes many Oromo organizations. The government under Prime Minister Abiy also invited opposition leaders to return to the country and resume political activities. The government allowed peaceful rallies and demonstrations and continued steps to release thousands of political prisoners.
[25] The document goes on to say that both the number and severity of human rights issues diminished significantly under Prime Minister Abiy’s administration and in some cases there were no longer, and in some cases the human rights issues were no longer issues by the end of the year.
[26] Now some of these changes you indicated that you were aware of and some of these changes you indicated that you were not aware of because you don’t know much about the politics.
[27] The panel understands from some of the documents that your counsel provided in Exhibits 4 and 6 that the situation in Ethiopia today is not perfect, that’s understood.
[28] However based on the preponderance of the most recent objective documentary evidence the panel finds that the significant change of circumstances in Ethiopia has proven to be sustainable and is ongoing and it directly effects your situation ma’am.
[29] So the panel finds given the change of circumstances in Ethiopia there is Jess than a mere possibility ma’ am that you would face harm at the hands of the Ethiopian authorities based on your previous political activities or your previous imputed or real political opinions or even your political opinions now and going forward.
[30] Now that being said the panel finds that irrespective of your political affiliations and your political opinions there may be an outstanding warrant for your arrest in Ethiopia. Your committee members a couple of your committee members were arrested during the state of emergency and you testified that to date they have not been heard from.
[31] So as far as you know they are still being detained. You were able to evade that arrest during that time by leaving Ethiopia. You testified this afternoon that you believe that there is a warrant for your arrest in Ethiopia an outstanding warrant for your arrest.
[32] The panel finds on a balance of probabilities that if an outstanding warrant for your arrest exists that you may be detained upon entry to Ethiopia. So that’s separate from your political activities, this warrant for your arrest that may exist.
[33] The documents tell me again relying on Exhibit 3 Item 2.1 states that if detained you could face torture and abuse at the hands of security officials. Inmates are reported to have been flogged and have suffered broken bones and head injuries at the hands of prison guards and sexual abuse is also a concern at the hands of prison officials.
[34] Overall prison and pretrial detentions centre conditions are said to be harsh and in some cases life threatening. So the panel finds in this particular case ma’am that there is a serious possibility that you would face cruel and unusual treatment or punishment should you return to Ethiopia having evaded arrest in 2018.
[35] So clearly because it is the state that your fear, the authorities that you fear there would be no state protection for in Ethiopia and similarly because the at this point the government or the police forces are the agents of persecution there would be no internal flight alternative available to you anywhere in Ethiopia.
[36] So the panel therefore finds ma’am that you are a person in need of protection pursuant to Section 97(1) of the Immigration and Refugee Protection Act. The Refugee Protection Division accepts your claim.
[37] So that’s going to conclude the hearing for this afternoon, you can, you can interpret now Mr. Interpreter.
[38] Thank you ma’am for your answers this afternoon, your claim has been accepted. Thank you Mr. Interpreter for your patience and your professionalism.
[39] INTERPRETER: Thank you (inaudible)
[40] MEMBER: The echo?
[41] INTERPRETER: Yes (inaudible)
[42] MEMBER: I know I know sometimes that can be an issue and then you know my accent is so heavy hahaha… that’s a problem as well.
[43] INTERPRETER: No way.
[44] MEMBER: You couldn’t understand when I said committee and I couldn’t understand when you said isn’t it so it’s fair right we had some trouble understanding each other so that’s fine and counsel of course it’ s always a pleasure working with you thank you for your time and your patience this afternoon
[45] COUNSEL: Thank you bye bye.
[46] MEMBER: You’re very welcome
[47] INTERPRETER: Your comment about your comment about accent I feel bad.
[48] MEMBER: You feel bad?
[49] INTERPRETER: You said my accent is heavy but I told you, I thought it was me.
[50] MEMBER: No, my no my accent haha…because to you I have an accent right, to you I have very strong accent and to me you have a very strong accent right but to each other you guys, you guys think you don’t have accents at all, you speak perfectly well, so everything was relative, everything is very subjective but we made it through that’s all that matters.
[51] INTERPRETER: (inaudible) it was not about accent or anything but I hadn’t done any significant communication (inaudible)
[52] MEMBER: Okay it does take some getting used to there is sometimes a delay you know like a very bad long distance phone call where the person speaks and you have to wait then pause and until you hear it so it does take some getting used to. Counsel and I we’re old pros at it now but…for your first video conference Mr. Interpreter you did amazing excellent job.
[53] INTERPRETER: Yes (inaudible).
[54] MEMBER: Alright, alright so everyone have a good afternoon than I’ m ending this call.
[55] INTERPRETER: Thank you madam member.
[56] MEMBER: Alright okay bye bye ma’am.
[57] CLAIMANT: Thank you
[58] MEMBER: You’re very welcome bye bye.
———- REASONS CONCLUDED ———-