OLLAA has received a credible report of the death of two civilians in the 02 and 03 kabele sublocations of Nagelle Borana town, East Guji zone at approximately 7 am on December 6, 2021. According to a local human rights defender who contacted OLLAA by phone, the two young men were killed during a period of intense fighting between OLA and Ethiopian defence forces, which took place just a few miles from the town’s main trading center.
According to our source, fighting between the two groups began around 6am within kabele 03. He alleged that the fighting began when members of the OLA started firing at the government soldiers patrolling the area, and the government soldiers returned fire. Citizens of 03 kebele woke to a heavy fight, and the majority of civilians remained indoors until the guns went silent. Unfortunately, not all civilians were unharmed during this attack, including Papi Molu Kito and Mohammed Obuu Sariti, who were reportedly killed instantly after being hit by stray bullets.
Papi Molu Kito was a 28-year-old taxi driver who was born and raised in Nagelle Borana town, and resided in 02 kabele. He leaves behind a wife and a young daughter. Our witness reports that, as a taxi driver, Mr. Papi would begin work at 6 am each morning, when curfew had been lifted for the day. On December 6th, he opened his gate as soon as curfew had ended, and was immediately hit in the chest by a stray bullet.
Mohamed Obuu Sarite was a 25-year-old man who worked as an advocate against forced displacement. He was a resident of 02 kabele According to our source, on the morning of December 6th, there was no fighting happening at his sublocation, and so he would not have been aware of the violence when he decided to go for a morning jog. Reportedly, Mohamed tried to run back to his house as he heard the sound of gunfire, but was hit in the back by a bullet a few meters away from his gate.
OLLAA has attempted to contact the families of these two brave men in order to verify this report, but unfortunately, the both declined our request because they are currently in the mourning period, in line with local tradition.
International Law
International human rights law contains the obligation for States to protect individuals from human rights violations, including violations to the right to life, whether committed by State actors or armed non-State actors. A State may be found to have failed to meet this obligation, when they have “failed to exercise due diligence to prevent, investigate and respond to such acts.” Although States are the primary duty-bearers under international human rights law, this obligation may also extend to armed non-State actors, particularly when they have established territorial control over an area.
It is also possible that international humanitarian law may apply in this situation, as a Noninternational Armed Conflict (NIAC). If so, it would be governed by Common Article 3 to the four Geneva Conventions of 1949 and the Additional Protocol II of 1977, which calls for civilians to “enjoy general protection against the dangers arising from military operations,” unless they take a “direct part in hostilities”.