| 26 |
Can citizens sue the government for infringement of their civil rights? |
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26:
In law, can citizens sue the government for infringement of their civil rights?
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| Score: |
YES |
NO |
 |
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Comments: Article 37 guarantees everyone the right to bring a justifiable matter to, and to obtain a decision or judgment by, a court of law or any other competent body with judicial power.
References: The Constitution of the Federal Democratic Republic of Ethiopia, Article 37.
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| 27 |
Can the chief executive be held accountable for his/her actions? |
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27a:
In practice, the chief executive gives reasons for his/her policy decisions.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The chief executive gives reason for policies when those policies tend to be contentious or when the government thinks there will be a condemnation from the international community. This is certainly the case for the extensive (if not palatable) rationale provided by the government for the controversial NGO law.
References: 1. Voice of America: US Says Draft Ethiopian NGO Law Would 'Close Political Space,' by Peter Heinlein, Addis Ababa, October 21, 2008. 2. The Observatory for the Protection of Human Rights Defenders, International Mission of Judicial Observation, Dec. 2006, Ethiopia: The Situation of Human Rights Defender From Bad to Worse. 3. Interview with a member of the Ethiopian Parliament, who wished to remain anonymous (January 2009).
Peer Review Comments: The executive has to answer the opposition and defend particular policy positions on a regular basis in parliament, whether or not it has any impact on the policy.
Peer Review Comments: While the justifications may not be credible to many, the Prime Minister does on a fairly regular basis take questions in Parliament and grants interviews to the state-owned and international media (although not the local independent media).
Peer Review Comments: The chief executive gives justification for all of their actions. However, the justification is mostly criticized by the public and the stakeholders involved.
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27b:
In law, the judiciary can review the actions of the executive.
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| Score: |
YES |
NO |
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Comments: The law states that the Federal Supreme Court has the highest and final judicial power over federal matters and the State Supreme Courts have the highest and final judicial power over state matters.
References: The Constitution of the Federal Democratic Republic of Ethiopia, No. 1, 1995, Article 80.
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27c:
In practice, when necessary, the judiciary reviews the actions of the executive.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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| |
Comments: The judiciary has rarely reviewed the actions of the Executive; its autonomous status is only nominal. The judiciary is totally under the order of the ruling party (EPRDF) to initiate any review and the result is known beforehand.
References: East and Horn of Africa Human right Defenders Project, Presentation by Mr Hassan Shire Sheikh Chairperson of the East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net), 18th September 2008, Draft NGO law in Ethiopia: a threat to civil society action
The Observatory for the Protection of Human Rights Defenders, International Mission of Judicial Observation, Dec. 2006, Ethiopia: The Situation of Human Rights Defender From Bad to Worse.
Interview with three people who wish to be anonymous, Nov 22, 2008, Addis Ababa: 1) International Livestock Research Institute, researcher, 2) Independent consultant, economist and 3) Ethiopian Airlines, Marketing officer.
Peer Review Comments: The scoring criteria suggesting that the "judiciary will review executive actions, but is limited in its effectiveness. The judiciary may be slow to act, unwilling to take on politically sensitive issues, or occasionally unable to enforce its judgments" may be more pertinent.
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27d:
In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.
|
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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| |
Comments: In Ethiopia, the Legislature is a nominal part in the government structure. As it has been the case for the past many years, the Chief Executive routinely abuses executive orders in many instances of government practices. Sometimes new policies and government practices seem to pass through the Legislature, however, it is known that decisions are already taken by the Chief Executive. The case of the decision to interfere in Somalia is one good example, where the decision to intervene was taken before the matter was brought before Parliament.
Other notable cases include the case of former Defense Minister Seye Abreha, who was charged with corruption. After the court released Abreha on bail, the Prime Minister issued a law within 24 hours that denied Seyes right to bail. This action contravened provisions of the Constitution of Ethiopia and other international conventions.
References: Awramba Times, Oct 21, 2008, "Amharic on the legislature," by Dawit Kebede.
Interview with three people who wish to remain anonymous, Nov 22, 2008, Addis Ababa: 1) International Livestock Research Institute, researcher, 2) Independent consultant, economist and 3) Ethiopian Airlines, Marketing officer.
Sudan Tribune, What is New in the Empire State of Ethiopia by Yaadasaa Dafa, November 30 2008
The Observatory for the Protection of Human Rights Defenders, International Mission of Judicial Observation, 2006, Ethiopia: The Situation of Human Rights Defender from Bad to Worse.
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| 28 |
Is the executive leadership subject to criminal proceedings? |
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28a:
In law, the heads of state and government can be prosecuted for crimes they commit.
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| Score: |
YES |
NO |
|
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| |
Comments: These articles state the independence of the judiciary, the power of the judiciary and concurrent jurisdiction of the courts.
References: The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, Article 78, 79, and 80.
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| |
28b:
In law, ministerial-level officials can be prosecuted for crimes they commit.
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| Score: |
YES |
NO |
|
|
| |
Comments: These articles state the independence of the judiciary, the power of the judiciary and concurrent jurisdiction of the courts.
References: The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, Article 78, 79, and 80.
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| 29 |
Are there regulations governing conflicts of interest by the executive branch? |
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| |
29a:
In law, the heads of state and government are required to file a regular asset disclosure form.
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| Score: |
YES |
NO |
|
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| |
Comments: There is no law that requires heads of state to file asset disclosure forms. An asset disclosure= bill has made its way through the first stages of Parliamentary debate, however.
References: Tesfaye Ashamibo, Team Leader of the Research and Planning Department, Federal Ethiopia Ethics and Anti-Corruption Agency, Addis Ababa, Ethiopia, November, 03, 2008, Addis Ababa
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| |
29b:
In law, ministerial-level officials are required to file a regular asset disclosure form.
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| Score: |
YES |
NO |
|
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| |
Comments: So far, there is no law that requires ministers to file asset disclosure forms.
References: Tesfaye Ashamibo, Team Leader of the Research and Planning Department, Federal Ethiopia Ethics and Anti-Corruption Agency, Addis Ababa, Ethiopia, November, 03, 2008, Addis Ababa.
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| |
29c:
In law, there are regulations governing gifts and hospitality offered to members of the executive branch.
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| |
| Score: |
YES |
NO |
|
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| |
Comments: Article 417, Taking Things of Value With or Without Inadequate Consideration:
(1) Any public servant who without proper cause receives a thing of value with or without adequate consideration, is punishable with simple imprisonment exceeding five years. (2) Where the declaration or registration of property, financial status or gifts is required by law or regulations, failure to do so shall be punishable as prescribed under Sub-Article 1 of this Article.
Receiving a valuable gift considered by national or local culture or custom as a common manifestation of affection, or obtaining a gift from a close relative by consanguinity or affinity or by a close friend, does not constitute a crime under this Article.
References: The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No.414/2004.
Negarit Gazeta of the Federal Democratic Republic of Ethiopia, 11th year, No. 19, Proclamation No. 434/2005, Revised Anti-Corruption Special Procedure and Rules of the Evidence Proclamation, Page 3013.
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| |
29d:
In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).
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| |
| Score: |
YES |
NO |
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| |
Comments: There is no law regarding the independent auditing of Executive branch asset disclosures.
References: Tesfaye Ashamibo, Team Leader of the Research and Planning Department, Federal Ethiopia Ethics and Anti-Corruption Agency, Addis Ababa, Ethiopia, November, 03, 2008, Addis Ababa.
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| |
29e:
In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.
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| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995.
|
| |
29f:
In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995.
|
| |
29g:
In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Most of the corruption, particularly at the Executive level, is done under the guise of gifts and hospitality. It becomes common among the big businessmen to take gifts to members of the Executive Office, seeking to get favorable decisions.
According to the interview with a businessman, sometimes there are also persons who take bundles of quat, an herbal stimulant [editor's note: a mild narcotic commonly used in and around the Horn of Africa] to the Prime Minister's office to get a positive response to their cases.
References: Interview with coffee exporter, who wishes to remain anonymous, November 25, 2008, Addis Ababa.
World Bank: Corruption in Ethiopia Phase 1 studies: Corruption in Construction: Final Report (2008).
Peer Review Comments: I am surprised that the coffee exporter interviewed thought that a bundle of quat (a very inexpensive and ubiquitous product throughout the Horn) would encourage the Prime Minister to give a positive response. This would be a trivial, or perhaps symbolic, gift.
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| |
29h:
In practice, executive branch asset disclosures (defined here as ministers and above) are audited.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: So far, there is no law that requires the Executive branch to file asset disclosure forms.
References: Tesfaye Ashamibo, Team Leader of the Research and Planning Department, Federal Ethiopia Ethics and Anti-Corruption Agency, Addis Ababa, Ethiopia, November, 03, 2008, Addis Ababa.
Peer Review Comments: The law of asset registration and disclosure is expected to be debated in the current parliamentarian year. According to Federal Ethics and Anti-Corruption Commission (FEACC) sources, they have already drafted drafted the document and are ready for the legislative body to decide on it.
|
| 30 |
Can citizens access the asset disclosure records of the heads of state and government? |
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| |
30a:
In law, citizens can access the asset disclosure records of the heads of state and government.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: There is no requirement for asset disclosure for either the head of state or the government.
References: Tesfaye Ashamibo, Team Leader of the Research and Planning Department, Federal Ethiopia Ethics and Anti-Corruption Agency, Addis Ababa, Ethiopia, November, 03, 2008, Addis Ababa
Negarit Gazeta of the Federal Democratic Republic of Ethiopia, 11th year, No. 19, Proclamation No. 434/2005, Revised Anti-Corruption Special Procedure and Rules of the Evidence Proclamation, Page 3013.
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| |
30b:
In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: There is no law regarding filing asset-disclosure forms.
References: Tesfaye Ashamibo, Team Leader of the Research and Planning Department, Federal Ethiopia Ethics and Anti-Corruption Agency, Addis Ababa, Ethiopia, November, 03, 2008, Addis Ababa.
Adiss Neger newspaper, November 2008, "The Audit Report," by Zerihun Tesfaye .
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| |
30c:
In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: There is no law that requires assets of government officials to be disclosed.
References: Tesfaye Ashamibo, Team Leader of the Research and Planning Department, Federal Ethiopia Ethics and Anti-Corruption Agency, Addis Ababa, Ethiopia, November, 03, 2008, Addis Ababa.
Adiss Neger newspaper, November, 2008 "The Audit Report" by Zerihun Tesfaye.
|
| 31 |
Official government functions are kept separate and distinct from the functions of the ruling political party. |
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| |
31:
In practice, official government functions are kept separate and distinct from the functions of the ruling political party.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: The government and the ruling party are one and the same, in many instances.
References: Interview with a member of the ruling party (EPRDF) who wishes to remain anonymous, October 5, 2008, Addis ababa.
Peer Review Comments: This is the core challenge. Rather than a question of regulations that promote accountability, the problem in Ethiopia is that the party and the state are virtually the same. Furthermore, state and/or party-owned businesses dominate key sectors of the economy.
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