Tigray Stakeholders Call for End to Forced Conscription, Reaffirm Commitment to Peace Recovery
Abstract
Stakeholders in Tigray, Ethiopia, including media and social activists, have urgently called for an end to ongoing forced military conscription in the region. This development raises significant legal concerns, as the conscription, reportedly targeting civilians and children as young as 15, directly contravenes the 2022 Pretoria Peace Agreement (Cessation of Hostilities Agreement) and fundamental principles of both Ethiopian constitutional law and international humanitarian and human rights law. The practice undermines efforts towards peace recovery, disarmament, demobilization, and reintegration, threatening to reignite conflict and perpetuate human rights abuses. Legal professionals are urged to recognize the multifaceted legal breaches and advocate for immediate cessation and accountability.
Introduction
The fragile peace in Ethiopia's Tigray region, established by the landmark 2022 Pretoria Peace Agreement, faces a severe challenge with recent reports of widespread forced military conscription. Participants at a forum on "Peace, Democracy, and Development in Tigray: The Role of Media and Social Activists" have issued a strong call for the immediate cessation of this practice, highlighting its detrimental impact on the region's recovery and stability. This development signals a critical juncture for the post-conflict landscape, demanding urgent attention from legal practitioners and the international community.
This article delves into the legal ramifications of the alleged forced conscription in Tigray, examining its direct conflict with the provisions of the Pretoria Agreement, Ethiopian domestic law, and established international legal frameworks. It aims to provide a comprehensive analysis for legal professionals, outlining the specific breaches of law and the broader implications for human rights, peacebuilding, and the rule of law in a region striving to rebuild after years of devastating conflict. The continuation of such practices risks unraveling the hard-won peace and plunging the region back into instability.
Background
The conflict in northern Ethiopia, primarily between the federal government and the Tigray People's Liberation Front (TPLF), officially concluded with the signing of the Agreement for Lasting Peace through a Permanent Cessation of Hostilities, commonly known as the Pretoria Peace Agreement or CoHA, on November 2, 2022. This agreement, mediated by the African Union, aimed to permanently silence the guns, facilitate humanitarian access, restore services, and establish a framework for disarmament, demobilization, and reintegration (DDR) of TPLF combatants. A key provision of the Pretoria Agreement stipulated that the TPLF would refrain from conscripting, training, or deploying military forces, or engaging in any actions preparatory to conflict.
Domestically, Ethiopia's 1995 Constitution does not explicitly provide for compulsory military service, and military enlistment has generally been on a voluntary basis. Article 87 of the Constitution underscores the Ethiopian National Defense Force's role in safeguarding the country's sovereignty, national security, and constitutional order. Internationally, Ethiopia is a party to several instruments prohibiting forced recruitment, particularly of children. Notably, Ethiopia ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC) in 2014, committing to prohibit the recruitment or conscription of children under the age of 18 into armed forces or groups. The African Charter on Human and Peoples' Rights, to which Ethiopia is a signatory, also prohibits all forms of exploitation and degradation, including slavery, which can encompass forced labor.
Analysis
Recent reports from Human Rights Watch (HRW) and the Ethiopian Human Rights Commission (EHRC) confirm that regional authorities in Tigray have been engaged in widespread forced military conscription of civilians, including children as young as 15, since at least April 2026. This campaign involves abductions, house-to-house searches, and recruitment from workplaces and gold-mining sites, creating a pervasive climate of fear. A draft proclamation, reportedly issued by a regional council in Tigray, has sought to legalize mandatory military mobilization, imposing severe penalties, including fines and lengthy imprisonment, for those who evade service or discourage recruitment.
This forced conscription constitutes a clear violation of the Pretoria Peace Agreement. The agreement explicitly required the TPLF to disarm and cease any actions that could be construed as preparation for renewed conflict, including military conscription. The current actions directly contradict the spirit and letter of the accord, jeopardizing the fragile peace and the broader DDR process. Furthermore, the EHRC has stated that the mandatory conscription law violates Articles 51 and 52 of the Federal Constitution, and has noted that the regional council that enacted the law was dissolved following the Pretoria Agreement and lacked recognition from the National Electoral Board of Ethiopia, raising serious questions about its legal authority.
From an international law perspective, the forced recruitment of individuals, particularly children, is a grave breach. International humanitarian law prohibits an occupying power from compelling persons to serve in its armed forces, a principle enshrined in the Fourth Geneva Convention. Compelling persons to serve in a hostile force is recognized as a specific type of forced labor and is prohibited in international armed conflicts under Rule 95 of the ICRC's Customary International Humanitarian Law Study. Moreover, forced conscription is considered a war crime under the Rome Statute of the International Criminal Court.
The recruitment of children under 18, whether forced or voluntary, is a grave violation of human rights and, for children under 15, constitutes a war crime. Ethiopia's ratification of the Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) obliges it to prevent the recruitment and use of children in hostilities. The reports of children as young as 15 being conscripted directly contravene these international commitments. The African Charter on Human and Peoples' Rights, which prohibits exploitation and degradation, further reinforces the illegality of such forced labor practices.
The implications of these actions are profound. They not only undermine the credibility of the peace agreement but also risk reigniting a devastating conflict, exacerbating humanitarian crises, and perpetuating a cycle of violence. International bodies, including the African Union, and supporting governments have been urged to pressure Tigrayan authorities to halt forced recruitment, release those unlawfully conscripted, and ensure adherence to the peace agreement.
Conclusion
The reported forced military conscription in Tigray represents a critical regression from the commitments made under the Pretoria Peace Agreement and a serious breach of both Ethiopian and international law. The practice of compelling civilians, including children, into military service not only violates fundamental human rights but also directly threatens the fragile foundations of peace and stability that the region desperately needs for recovery and development. The calls from local stakeholders, supported by international human rights organizations, underscore the urgency of addressing this issue.
Legal practitioners, human rights advocates, and international legal bodies must continue to monitor the situation closely, advocate for the immediate cessation of forced conscription, and demand accountability for those responsible for these violations. Adherence to the Pretoria Agreement, the Ethiopian Constitution, and international humanitarian and human rights law is paramount for ensuring a sustainable peace, fostering reconciliation, and protecting the most vulnerable populations in Tigray. Failure to address these breaches decisively risks undermining all efforts towards a lasting resolution and could lead to a resurgence of conflict in the region.
Citations
- 1.Pretoria Peace Agreement (Agreement for Lasting Peace through a Permanent Cessation of Hostilities) (2022)
- 2.Constitution of the Federal Democratic Republic of Ethiopia (1995)
- 3.Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2000)
- 4.African Charter on Human and Peoples' Rights (1981)
- 5.Fourth Geneva Convention (Geneva Convention Relative to the Protection of Civilian Persons in Time of War) (1949)
- 6.Rome Statute of the International Criminal Court (1998)
- 7.ICRC Customary International Humanitarian Law Study, Rule 95
