DRAFT CIVIL SOCIETY LAW CLAMPS DOWN ON

C O N F I D E N T I A L SECTION 01 OF 03 ADDIS ABABA 001223

SIPDIS

DEPARTMENT FOR AF/E, DRL FOR SJOSEPH
LONDON, PARIS, ROME FOR AFRICA WATCHER
CJTF-HOA AND CENTCOM FOR POLAD

E.O. 12958: DECL: 05/07/2018
TAGS: KDEM PGOV EAID PHUM KJUS ET
SUBJECT: DRAFT CIVIL SOCIETY LAW CLAMPS DOWN ON
FOREIGN-FUNDED NGOS

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Classified By: AMBASSADOR DONALD YAMAMOTO. REASONS 1.4 (B) AND (D).


1. (SBU) SUMMARY AND ACTION REQUEST: On May 6, in a hastily
called "consultative" meeting, Minister of Justice Assefa
Kessito outlined for a group of several hundred NGO leaders
the many changes outlined in the Ethiopian Government's (GoE)
draft law governing civil society released on May 2. In this
very tense meeting, international and domestic NGO leaders
were enraged with many of the draft's proposed articles.
Most noteworthy is a new definition of NGOs receiving more
than 10 percent of their funding from foreign sources as
"foreign charities," and the subsequent restriction on them
from operating in a number of areas, including the promotion
of human rights, democracy, justice, law enforcement, and
conflict resolution. Beyond this, the new law would form an
agency responsible for registering and monitoring NGO
activity, which would have wide-spread power, including the
ability to fire or imprison NGO directors, monitor who
provides money to which NGO, as well as maintain lists of NGO
membership. The agency's director will answer directly to the
Prime Minister. Minister Kessito and other GoE officials at
the meeting were unapologetic for the contents of the draft
law. Though they did not specify a timeline for submission
of the draft to the Council of Ministers, which precedes
submission to Parliament for "debate" and passage, they did
offer to consider issues submitted in writing by civil
society leaders as long as those comments are received by May

12. This may simply be lip service to NGO concerns however,
as the GoE recent record of fast tracking politically
contentious bills suggests it will likely attempt to ram this
legislation through before the Parliamentary recess in June.
If passed, this would shut down all NGOs working in promoting
human rights and democracy, as well many working in other
related areas, as most receive majority foreign funding. It
would effectively end a great deal of USG and other donor
programming in these and other critical areas. Post will
e-mail the draft proclamation and key points to AF/E and DRL.
Post strongly encourages AF, DRL, and USAID/AFR to call in
Ethiopian Ambassador Samuel Assefa to express collective USG
concern over the impacts of this bill. Ambassador raised this
issue with State Minister of Foreign Affairs Tekeda Alemu on
May 7, and will raise again with Prime Minister Meles
together with the British and French Ambassadors. END SUMMARY.

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THE LONG AWAITED DRAFT LAW RELEASED...
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2. (SBU) After more than a decade considering institution of
a new civil society law governing NGOs in Ethiopia, a
newly-composed draft was leaked on websites earlier this
year. Though the GoE was reportedly upset at the leak, the
draft had not been moved forward until late last week. Then,
in a surprise move, on May 2 the Ministry of Justice (MoJ)
forwarded a revised draft to the leaders of approximately 300
NGOs (of the approximately 3,000 operational in Ethiopia)
which have been registered in Ethiopia for more than five
years. (NOTE: No explanation was given on the limitation on
invitees. END NOTE.) This was accompanied by an invitation
to a consultative meeting to be held on May 6, leaving little
time (Friday, May 2 and Monday, May 5 were Ethiopian
holidays) for review of the 53 page draft.

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...TO NO FANFARE
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3. (SBU) The May 6 "consultative meeting," attended by
several USAID-funded NGOs, was reportedly very tense. NGO
leaders were outraged at a draft law that had gone from bad
(the leaked version) to worse (the official version
distributed by the GoE). Participants outlined several
issues in the draft that would greatly restrict civil society
participation in Ethiopia. The most notable, which had not
been on the leaked draft, is the definition and restriction
of NGOs receiving foreign funding. The draft law defines
those NGOs receiving more than 10 percent of their funding
from foreign sources as "foreign charities." Further, these
NGOs are prohibited from working in the following areas:

-- The advancement of human and democratic rights, conflict
resolution or reconciliation or the promotion of harmony or

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equality and diversity amongst nations, nationalities and
peoples of different religious groups;
-- The advancement of citizenship or community development;
-- The promotion of sustainable development of the nations,
nationalities and peoples of Ethiopia; and
-- The promotion of efficiency of the justice and law
enforcement services.

As nearly all NGOs working in these areas in Ethiopia are
primarily foreign funded, with passage of the law as-is, many
NGOs would be shut down or have their work restricted in
country, including many USG-funded NGOs such as Mercy Corps,
PACT, Ethiopian Human Rights Council (EHRCO),The Carter
Center, and Prison Fellowship (i.e. the Ethiopian Elders).
While other areas are still open to foreign-funded NGOs, such
as health, education, arts, culture and amateur sports, the
above areas would likely be broadly interpreted to restrict
many NGOs working in a number of areas.


4. (SBU) Other significant areas raised at the meeting in
which the draft law restricts the work of NGOs in Ethiopia
include:
- The creation of an "agency" tasked with registering and
monitoring NGOs. The agency head is appointed by, and
answers only to, the Prime Minister, rather than Parliament;
- The agency is given broad powers to appoint or fire
directors within NGOs, close NGOs, seize property and enter
NGO premises ) all without court order;
- The draft outlines numerous violations for which NGO
directors, board members and employees can be imprisoned
and/or fined. Appeals can only be made to the Ministry of
Justice and only for cassation purposes (i.e. errors of law,
not fact). Foreign-funded NGOs do not have the right of
appeal.
- NGOs must file lists of members, identity of donors,
minutes of all board meetings and all financial records to
the agency;
- Restrictions on hiring of expatriates is greatly increased;
and
- The draft considers professional and religious
organizations as NGOs, subject to the same restrictions.

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CHANGES NOT LIKELY TO BE CONSIDERED
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5. (SBU) Minister Kessito and other MoJ officials present at
the meeting were generally unapologetic for the content and
tone of the draft. They repeatedly gave very limited or poor
explanations for their reasoning on contentious points,
simply saying the fundamentals of the law are solid, based on
the NGO law of Singapore. As an example, Minister Kessito,
in response to the outcry in labeling NGOs as foreign, said
simply that they are not trying to label the NGOs and NGO
staff as non-Ethiopian, simply to identify them a
foreign-funded (and thus, not at all responding to material
concerns). At the conclusion of the meeting, after
repeatedly saying that there would be no more public
consultation on the law, Minister Kessito relented saying
that a group of civil society representatives can submit
concerns in writing by May 12, which will be considered by
the MoJ before submission to the Council of Ministers for
final approval and submission to Parliament. However,
credible legal sources indicate that the MoJ's mind is made
up on the draft and will likely submit the existing document
with few changes to the Council of Ministers for expeditious
endorsement and passage through Parliament.

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COMMENT AND ACTION REQUEST: NEW LAW WILL KILL ALL D&G
PROGRAMMING
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6. (C) While the long anticipated draft civil society law was
expected by many to be highly restrictive, particularly given
the role of civil society in the post-2005 election
controversy, none anticipated the draconian nature of this
current draft. The leaked version from earlier this year shed
some insight into ways in which the GoE was seeking to limit
activity by NGOs, giving broad and expansive powers to a
highly-placed "agency" which can intrude on NGO activities
and dismiss and imprison NGO directors for numerous dubious

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causes, all the while providing limited judicial recourse.
What was not anticipated, however, was the outright
prohibition on foreign funded NGOs from working in key
sectors of interest to the international community, including
democracy, human rights, conflict resolution, and other
important areas. Passage of the draft as is will certainly
close dozens of very prominent NGOs and limit the activity of
many others, including Mercy Corps, PACT and the Carter
Center. Millions of dollars in USG and other donor-funded
programming would be halted. Credible legal sources indicate
that the GoE likely will act quickly on this legislation,
taking very few complaints of the NGO community into account
before submitting to the PM's Council of Ministers and then
Parliament.


7. (SBU) Post will immediately begin to call on GoE officials
to raise concerns about the draft law and seek to stop the
law from progressing further. We will also cooperate with
other major donors, who are also understandably very
concerned about this draft, in coordinating messages and
meetings with senior GoE officials. Ambassador, together
with Poloff and DATT raised this issue in strong terms with
State Minister of Foreign Affairs Tekeda Alemu on May 7,
noting that the new NGO law will affect all USG programming
in country. The unintended consequences of the law could
negatively impact on development and other programs.
Ambassador will also see Prime Minister Meles, together with
the British and French Ambassadors, to discuss this subject.
Post will forward the text of the draft bill and a set of key
concerns to AF/E, DRL, and USAID/AFR. Post strongly requests
that AF, DRL, and USAID/AFR call in Ethiopian Ambassador
Samuel Assefa this week to convey USG concerns with this
draft bill and the closure of political space for civil
society that it reflects. End comment and action request.
YAMAMOTO