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2008 Assessment

Ethiopia: Integrity Indicators Scorecard

Ethiopia : Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	17
3	Are civil society activists safe when working on corruption issues?	67
4	Can citizens organize into trade unions?	63

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: The article states that every person has the right to freedom of association for any cause or purpose.

References: Constitution of The Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, Article 31.

Peer Review Comments: The new draft civil societies and charities law prohibits such NGOs and CSOs from undertaking such a task if their income from foreign sources amounts to more than 10 percent.

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: So far, CSOs face no legal restrictions to raise or accept funds from any source, but the Ethiopian government is preparing to publish a new article that resticts local NGOs when raising funds from foreign sources.

References: Anti-Corruption Special Procedure and Rules of Evidence Proclamation, Proclamation No. 239/2001.

Peer Review Comments: The new NGO law (November 2008), now in review, will seriously restrict the right to receive foreign funding, limiting this input for every NGO to 10 percent only.

Peer Review Comments: As the author notes, the Charities and Societies Proclamation (CSO Law) bans CSOs that accept more than 10 percent of their funding from foreign sources. This proclamation is in the process of becoming law.

Peer Review Comments: The new draft civil societies and charities law states that such NGOs and CSOs must not receive more than 10 percent of their income from foreign sources in order to be allowed to undertake advocacy work concerning governance-related issues.

Peer Review Comments: There is a draft NGO/CSO proclamation that will restrict these organizations (especially those who are working in the area of Human Rights, Governance, etc.) from raising funds, which accounts for more than 10 percent of their annual income from foreign sources.

References: 1.The Federal Democratic Republic of Ethiopia Charities and Societies Proclamation No.002/2008. 2.Human Rights Watch's analysis of Ethiopia's draft CSO law: Updated Sept. 11, 2008.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: The regulations state that CSOs must disclose their sources of funding.

References: The Ministry of Justice and the Federal Democratic Republic of Ethiopia Regulations regarding the registration and administration of nongovernmental organizations.

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: CSOs working to promote good governance and anti-corruption are unofficially prohibited to organize and do their tasks effectively.

References: Adiss Admass, Saturday, March 8, 2008, or Yekatit 29, 2000.

Peer Review Comments: The arrest of leading civil society leaders during the crackdown following the 2005 elections sent a message that leaders of organizations that promoted good governance, human rights monitoring and election monitoring would be at risk.

The crackdown on CSOs is analyzed in the Human Rights Watch article, "Ethiopia: Draft Law Threatens Civil Society," Oct. 13, 2008.

Peer Review Comments: Transparency International (TI) Ethiopia operates freely and engages with the Federal Ethics and Anti-corruption Commission (FEACC). In fact, TI Ethiopia and the FEACC held a major conference on corruption in Ethiopia recently, for which the proceedings are available.

Peer Review Comments: The government fears the establishment of strong anti-corruption CSOs. However, most CSOs operating in those areas have not, so far, experienced any harassment from the government.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: During the 2007/2008 (in April) local council elections, the Ethiopian government did not allow CSOs to monitor the election. As a result, it remains very difficult for the people to know whether the election was a fair or not, let alone participate in the political or policy-making process. CSOs have obstacles to overcome before they can influence governmental policies.

There are many forums and meetings that the government and NGO representatives participate in. But what is similar about them all is, according to critics, that they are undertaken just for the sake of participation, not for real results. A recent example is the case of the meeting the government intended to undertake with NGO and CSO representatives to discuss on the draft NGO law. NGO representative refused to attend since they felt that they could not make any real difference to the draft law because the government had already decided the issue.

References: Reporter newspaper, October 5, 2008, by Getachew Negatu.

Anonymous, International Food and Policy Research Institute (IFPRI), senior researcher.

Peer Review Comments: The Federal Ethics and Anti-Corruption Commission holds a lively forum with CSOs and on, Dec. 4, 2008, they will hold a major consultative meeting with NGOs and CSOs; this meeting is intended to help the Commission expedite its work.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. YES is a positive score. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Per the Human Right Watch report: The staff of Ethiopias only nationwide human-rights organization, EHRCO, is regularly subjected to government harassment and intimidation. One investigator who fled the country in 2005 was charged in absentia in a treason trial. Three members of the Nekemte Executive Committee were arrested and imprisoned for 15 days. The Oromo-focused Human Rights League was allowed to register in 2005 after years of litigation, but remains inactive. Leaders of the traditional Oromo self-help organization Mecha Tulama, arrested in 2004, were released without trial in early 2007.

References: Human Rights Watch World Report 2008, Ethiopia, Ethiopia events of 2007. [ LINK ]

Peer Review Comments: The arrests of Daniel Bekele (Actionaid) and Netsanet Demissie ( Director of the Organization for Social Justice in Ethiopia) in 2005 further indicate that good governance NGOs have been targeted by the Ethiopian government.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: In the past year, there was no indication that any CSO activist was imprisoned.

References: Reporter newspaper, Sunday, October, 05, 2008.

Peer Review Comments: However, two anti-poverty activists, Daniel Bekele and Netsannet Demissie, of the NGO Action Aid, spent about two to five years in prison before being released in March 2008.

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: The document clearly states that several members and investigators of the Ethiopian Human Rights Council were arrested when they investigated violations by the government. Human rights defenders are constantly being watched and often trailed. In addition, several activists and organizations have been personally summoned and cautioned by the authorities, including the Minister of Justice, because of their work.

References: East and Horn of Africa human rights defender. Presentation by Mr. Hassan Shire Sheikh, Chairperson of the East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net), September 18, 2000, [ LINK ].

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: In the past year, there were no documented cases of CSO activists being killed.

References: Reporter newspaper, October 5, 2008, by Getachew Negatu, "CSOs and NGOs," Addis Ababa.

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: The article states the right for anyone to be a member of his own organization, labor union, trade organization, or employer or professional association if he or she meets the special and general requirements stipulated by such organization.

References: The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, Article 38, Sub-Article 2.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: Trade unions exist, but are totally non-relevant to politics; unless they respect the governments agenda, they may not get the license to organize.

References: 1. Ato Samson Tesfaye, a merchant and member of a trade union, Sept. 5, 2008, Addis Ababa. 2. Dr. Mintesenot Tsegaye, researcher, Institute of Health and Nutrition Research Center, Sept. 5, 2008, Addis Ababa.

Peer Review Comments: To all practical purposes, no one or no groups can organize an independent trade union whatsoever. The CETU (Confederation of Ethiopian Trade Unions) is fully controlled by the government and ruling party. The ETU (Ethiopian Teachers' Union) was quite independent until around ten years ago but was closed down by the government, which installed its own 'ETU' But this one is inactive and has no role to play..

Peer Review Comments: The contentious story of Taye Woldesemayat and the now-defunct Ethiopian Teachers Association is another indication that critical trade unions face harassment and cannot operate.

Peer Review Comments: In most cases, trade unions organizers are easily intimidated by the bosses and lose their jobs. In some instances, the Ethiopian Trade Union gives guidance and protection for the organizers. But this area is becoming highly politicized.