“The Law
will have a crippling effect on civil society in
The law, “Proclamation
for the Registration and Regulation of Charities and Societies”, will prevent
CSOs from taking part in democracy building initiatives and acting as a check
and balance against human rights abuses. Key provisions of the law infringe
upon freedom of association guarantees in the Constitution of Ethiopia, the
International Covenant on Civil and Political Rights and the African Charter on
Human and People’s Rights by:
·
Limiting CSOs that receive essential funds from abroad to a mere
service delivery role through prohibitions
from working on key areas including advancement of human and democratic rights,
gender equality, conflict resolution and accountability of law enforcement
agencies;
·
Allowing wide executive discretion to refuse registration to
CSOs and curb their activities.
·
Clamping down on the independence of CSOs through provisions
that permit institution of inquiries on unspecified grounds, allow removal of
CSO officers and require advance notification of meetings;
·
Subjecting CSOs to strict official control through
exhaustive reporting requirements, mandatory license renewals every three years
and an arbitrary cap of 30% on administrative expenses; and
·
Discouraging CSO activities through harsh fines and strict
punishments for administrative lapses.
CIVICUS
has closely followed and critiqued drafts of the law before its final passage
in Parliament. Sadly, the concerns outlined by CIVICUS and other CSOs have been
ignored by the Ethiopian government. CIVICUS submissions on successive drafts
have emphasised that any regulatory mechanism for civil society must be
underpinned by legislation that is equitable, just and fair. The current law
substantially fails this test.
Note
to Editor
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