21 August 2008 – Under a draft law, Ethiopia could see severe restrictions on civil society and even closures of organisations working on contentious issues, such as human rights and governance, cautions CIVICUS: World Alliance for Citizen Participation in a recent analysis.
“We appeal to the government to stop the introduction of the bill in its current form. If enacted, many organisations will be forced to choose between stopping their work on vital issues or facing closure and possible imprisonment,” said Ingrid Srinath, CIVICUS Secretary General.
The government has released three consecutive drafts of the Charities and Societies Proclamation over the last few months. While the recent draft, due to be introduced to Parliament in October, makes some improvement on the last two, it retains many draconian provisions.
The government has stated that the intention of the bill is to increase civil society organisations’ (CSOs) transparency and accountability to stakeholders, but local and international groups have expressed concern that it will instead serve to silence dissent.
CIVICUS’ report lists a number of concerns regarding the law, including:
· The Proclamation prevents CSOs that receive more than 10% of their income from foreign sources from working on issues of public importance, including human rights, gender and religious equality, children’s rights, the rights of the disabled, conflict resolution and judicial reform. Given the lack of domestic fundraising opportunities, most organisations rely on funds from abroad.
· The Proclamation permits excessive government interference in the functioning of CSOs, through the power to carry out random investigations at will. Among other requirements, CSOs must provide the government with seven days notice of any general meeting.
· By creating a web of exhaustive reporting procedures, the Proclamation gives the government a convenient way to intimidate CSOs. Mandatory annual reporting, requirements to keep meticulous financial records as well as re-registration every three years, leaves ample room for possible procedural delays and intimidation by the authorities.
· Once a CSO is denied registration, or fails to apply, the organisation is then declared unlawful. If members and supporters continue their involvement with the CSO, they risk severe punishments, including three to fifteen years in prison. According to international standards, the decision to officially register should be voluntary not imposed by the government. Such harsh repercussions for breaching the provisions of the law could deter the free participation of individuals in civil society activities.
· CSOs have limited rights to appeal against decisions taken under the Proclamation. For example, if a CSO is denied registration, it will not be able to ask for a judicial review of the facts on which the government has based its assessment. Aside from amounting to a denial of justice, it could also allow authorities to arbitrarily silence independent groups and individuals.
If the current draft of the Proclamation is passed, the already narrow space for civil society in Ethiopia could be even further restricted. In recent years, political opposition, media and civil society activists have been systematically harassed and even imprisoned because of their criticism of the government.
“The government must listen to the concerns of the country’s civil society. Their activities contribute immensely to the people of Ethiopia. But, sadly, rather than promote this vital work, this bill threatens to criminalise it,” says Srinath.
The Proclamation, if permitted to pass, would violate Ethiopia’s commitments to international and regional human rights agreements, as well as its own constitution. Article 31 of the Constitution specifically guarantees, “Every person has the right to freedom of association for any cause or purpose”.
An analysis of the Proclamation is available at http://www.civicus.org/csw_files/AnalysisEthiopiaCharitiesProc140808.pdf
NOTE TO EDITOR
For more information, visit www.civicus.org or contact Julie Middleton at +27 82 403 6040 or cswatch@civicus.org.
Julie Middleton
Acting Manager, Civil Society Watch
Tel: 27 11 833-5959, ext. 139
Skype: juliejmiddleton
julie.middleton@civicus.org
CIVICUS: World Alliance for Citizen Participation
PO BOX 933, Southdale, 2135, Johannesburg, South Africa
www.civicus.org
August 22nd, 2008 at 4:55 am
NO proclamation,as it did not help the Dergue,will not not help TPLF from extending its shelf life by more desperately suppresing the rights of our people.Rather,such action lays bare the pretenses of the regime alienates it further and enlists more and more symphatisers for the democratic struggle.What is more,this proves that the regime is a liabilty even to its enthusiastic sponsors and hastens the demise of its illigitimate rule.Particularly given the prospect of 2010 elections,this is the truth that TPLF can not run away from.
August 22nd, 2008 at 9:52 am
One of Zenawi’s preoccupations is the probable change of the Nixon legacy in American foreign policy that to this days continue to deter democracy in Africa. Though past democrats such as Clinton continued with Nixon policy, it’s unlikely that Barack Obama will continue to hold on it if he gets elected. One last desperate move of Zenawi is therefore to resort to ‘legality’ in order to ensure the continuation of his terror under the mantra of legality. Zenawi, a national terrorist which is ironically a friend of the west in the struggle against international terrorism is mainly out to choke independent Human Rights organizations such as the Ethiopian Human Rights Council (EHRCO- www.ehrco.org/) that tirelessly continues to expose to the world its systematic terror for that last 17 years. Ethiopians in Diaspora need to extend their hands to such grass root organizations in order to safe them from temporary extinction.
Mekonen
August 23rd, 2008 at 8:22 am
Democracy is with majority/Oromos, not Amaras/Minority.
CANCELLING AND VOIDING AMHARIC LANGUAGE AS ETHIOPIAS NATIONAL LANGUAGE IS A GREAT STRIDE TOWARD JUST DEMOCRATIC ETHIOPIA.
If there ought to be lasting peace in Ethiopia, that Ethiopias National language should immediatelly be Democratized and Majoritysized by changing from amhara minority (Amharic) to Ethioipas Majority(Afan oromoffiaa).
Beside, why should we oromos be forced to learn and speak Amharas minority language within our own territory and regions ? ?
August 25th, 2008 at 4:32 am
Medekssa or Kibrom,
The politics of numbers. The CIA disinformation is well entrenched in the development literature and as a result it’s common to hear and read that the Oromos are the largest ‘ethnic’ groups in Ethiopia. Recently, I was discussing this number politics with a Dutch Journalist and about the modeus-operandi of the CIA (Invention of reality). I showed her the linguistic composition of Ethiopians as put by the TPLF census, the Economic of Ethiopian Institute (EEI) publication and the spiral steps of Mesfin Wolde Mariam. It came out that the journalist was confusing the number of inhabitants in the present Oromia (38% of the Ethiopian population lives) with their estimated ethnic composition. In fact, the first population census results of the TPLF (1993/4) showed that those who identified as Amhara came on top of the list (this fact was later edited and the Oromo one was put first). At any rate, it’s safe to state as Mesfin Woldemariam writes that the two linguistic groups have a population of more than 15 million inhabitants. One thing should be clear that– nobody in Ethiopia could tell with accuracy the number of the entire population let alone their ethnic composition. It’s better to drop this politics.
Why is the above point? Whenever one states that one ethnic group is the majority it automatically threatens the rest especially when that ethnic group openly strives for succession. From here you can advice the OLF to stop to comfort itself by numbers which it might know it’s not —but to drop its separatist agenda and transform itself into a multi-ethnic organization. In fact the OLF came to the center of Ethiopian politics due to fear of further marginalization after it was overwhelmed by the resounding victory that was demonstrated by the CUD leadership.
Mekonen