MELES ON NEW CSO/NGO LAW: BRACE FOR CHANGE

C O N F I D E N T I A L SECTION 01 OF 03 ADDIS ABABA 001593 SIPDIS E.O. 12958: DECL: 12/05/2017 TAGS: PGOV EAID PREL ET SUBJECT: MELES ON NEW CSO/NGO LAW: BRACE FOR CHANGE REF: A. ADDIS 1223 ¶B. ADDIS 1259 ADDIS ABAB 00001593 001.2 OF 003 Classified By: Ambassador Donald Yamamoto for reasons 1.4 (b) and (d). SUMMARY -------------- ¶1. (C) Ethiopian Prime Minister Meles told Ambassadors from the UK, France and the U.S. that the new CSO/NGO law (Ref. A) would be introduced to the Parliament before the July 7 recess and would become law probably by September. Meles presented a forceful argument for the new law. Characterizing Ethiopia's "beggar" nation image, Meles argued that Ethiopia must draw the line against outside assistance on political issues. If Ethiopia is to have a strong and vibrant democratic state noted for respect of human and civil rights, then it must have the political will to achieve this state on its own without outside help. Meles added that to advance rights and freedoms and achieve a sustainable and enduring democratic state, the people of Ethiopia must "want it" and make "sacrifices." It cannot be purchased or paid for by foreign NGOs, it must come from the people themselves. ¶2. (C) Meles argued that over 90 pct of the civil society organizations (CSOs) and non-governmental organizations (NGOs) will be unaffected by the new law because such groups are engaged in health, education, and food security, as well as capacity building. But the 10 pct involved in political advocacy, human and civil rights, and empowerment of groups will be limited to strictly Ethiopian CSOs/NGOs and not foreign NGOs nor domestic groups that receive more than 10 pct of their funding from foreign sources. Meles said foreign NGOs with contracts with Ethiopian Government (GoE) entities to reform political systems would proceed so long as the foreign NGO involvement is for a temporary period and would not be a long-term or permanent fixture with the Ethiopian government entity. Domestic CSOs/NGOs can split their humanitarian work, which can receive foreign funding, from their political advocacy work, which cannot receive more than 10 pct foreign funding. This would enable foreign countries to continue supporting their established Ethiopian CSO/NGO partners and yet allow the Ethiopian CSOs/NGOs to continue embarking on political rights issues. There remains much confusion about the new law and anxieties that foreign NGOs would not be able to operate or would be severely constrained. End Summary. A NEW CSO/NGO LAW WILL BECOME LAW -------------- ¶3. (C) The Ambassadors from the UK, France and U.S. met Prime Minister Meles June 6 in a follow-up to a meeting last month (Ref. B) and an ensuing letter outlining concerns over a proposed CSO/NGO law. The Prime Minister met twice with domestic and foreign CSO/NGO groups to review the new proposed law, but told the Ambassadors in private that the meetings had become adversarial without an honest and open debate on the issues. He felt the NGOs were not constructive and opposed the proposed law without seeking to understand the basis behind the legislation. Meles told the three Ambassadors during a nearly two-and-a-half hour private meeting that the law will be redrafted next week because of the confusion and misunderstandings over many of the provisions, and promptly passed to the Council of Ministers for forwarding to the Parliament before the July 7 recess. Meles speculated that the bill would become law by September. ¶4. (C) Meles was forceful, focused, and highly articulate in effectively advocating for the need of such a law to ensure CSOs and NGOs are truly focused on helping the development of the country and not involved in illegal activities or sponsorship of extremist groups. He cited the case of the head of ICRC Ethiopia who the GoE claims transported money from Finland to the domestic rebel group, the Ogaden National Liberation Front (ONLF). The ICRC official left for Iran before the Ethiopians could interview him. (Note: ICRC is trying to arrange for Ethiopian officials to interview the former ICRC chief but in a neutral area such as Switzerland. The Ethiopians have not responded and appear opposed to allowing the ICRC to return to the volatile Somali region of Ethiopia. Despite their claims to have clear evidence of the ICRC official's channeling of support to the ONLF insurgents ADDIS ABAB 00001593 002.2 OF 003 in the Ogaden, the GoE just last week reiterated their encouragement for ICRC to continue operating in Tigray region -- a position that strikes many observers as inconsistent with the professed possession of hard evidence of illicit ICRC activities in country. End Note.) Meles argued that the GoE has hard evidence of some foreign NGOs communicating with the ONLF and other extremists -- although such evidence has never been presented or pursued through judicial channels. As a result of lax regulations, Meles said he felt strongly that a CSO/NGO law was necessary to ensure appropriate oversight of both domestic and foreign CSO/NGO groups. He said over 90 pct of all NGOs will be unaffected by the new law because they are involved in health, education, and food security, as well as capacity building. ¶5. (C) Under the draft law, foreign NGOs involved in human rights, political advocacy issues, conflict resolution, community development, and empowerment of groups from women to ethnic or religious groups, will be forbidden. Domestic CSO/NGO groups which receive over 10 pct foreign funding would also be barred from such activities. Economic support for women's groups is permitted but there can be no funding from foreign entities for any political activities or empowerment of women issues. As such, the American Chamber of Commerce -- which still seeks a license to operate -- can continue to help women entrepreneurs expand their operations, but Post's Self-Help funded battered women's call center would be forced to close under the new law. DEMOCRACY MUST BE SUSTAINABLE AND DOMESTIC BASED -------------- --- ¶6. (C) Meles argued that Ethiopia has drawn the line on foreign assistance for political empowerment of groups, advocacy for political reform, and human/civil rights. It is the right of the nation to restrict foreign entities from participating in the domestic politics of Ethiopia. Meles added that for Ethiopia to become a strong and vibrant democratic state that advocates for human/civil rights, it must have the political will and commitment to make sacrifices and to advance these issues. To be sustainable, Ethiopia must achieve democratic standards on its own. It cannot be purchased or paid for by foreign entities; it must be solely the business of Ethiopians. Meles asked rhetorically that if Ethiopia cannot defend its own rights and advocate for democratic values then does it lack the political will and does it really deserve such rights. A healthy democracy is based on the fundamental commitment and political will of the people. ¶7. (C) Meles added that political freedoms can be effectively advocated for by poor countries as well as rich countries. While in the U.S. hundreds of millions of dollars can be spent on a presidential campaign, Ethiopia and other poor countries can still advocate for political rights and exercise political will with just a few dollars so long as there is a strong commitment and sacrifice. He noted that Benin is flush with funds for democracy but having money does not guarantee a strong and sustainable foundation for advancing and defending freedoms. He added a hypothetical situation in which a western advocacy group pushed for gay rights in an African country where such an issue was not in the consciousness of the public. For a foreign NGO to begin an advocacy program and get gay rights in the law, does not make it a fundamental right which will be defended, advanced and protected by the people and nation. It must come from the people themselves, not created by foreigners. POSSIBLE EXEMPTIONS TO THE NEW LAW -------------- ¶8. (C) Meles raised the continued involvement of foreign NGOs in political reform and advocacy exclusively if there is a contract between the foreign NGO and a government entity for a specific time period and that the NGO would not become a permanent fixture or part of the political reform or advocacy issue. For instance, France and Canada are involved in judicial reform through a contract. While France has been tough in telling the justice ministry how to reform and the steps they have to take, this is for a temporary period and it is up to the Justice Ministry, in the end, to determine how to implement the ideas advanced by France and Canada. The two countries would not be permanent or hold oversight ADDIS ABAB 00001593 003.2 OF 003 power over the Ministry. ¶9. (C) A second exemption is for domestic NGOs that receive more than 10 pct foreign funding to split into two NGOs. That way the NGO can continue receiving foreign funding for development programs. The second NGO formed would focus on political issues but rely on predominantly on domestic funding with less than 10 pct coming from outside. COMMENT -------------- ¶10. (C) Ethiopia will pass a CSO/NGO law. While the international community recognizes the need for enhanced regulation and oversight to regularize registration and establish procedures, there remains high anxiety that the new law will so restrict NGOs that their operations would be forced to close. There is fear that foreign NGOs will have no legal protection and would come under the scrutiny of a commission which could dictate how an NGO operates and have the power to confiscate its property, funds and other assets without any appeal or due process. While Meles recognizes the confusion over the new law, his red line is very clear that no foreign NGO or foreign group or government would be allowed to advocate for political reform, women's empowerment, rights advocacy, human and civil rights protection, or other politically sensitive issues. Of particular concern is the law's blatant and intentional preclusion from extending basic constitutional rights of judicial review and due process to foreign entities -- in this case NGOs -- by stripping foreign NGOs of the right to appeal executive branches decisions to the courts while national/Ethiopian NGOs retain that right. This provision risks representing the first step by the GoE to withhold constitutional rights and protections from foreign entities. This may be a harbinger of things to come should the GoE later introduce further restrictions limiting foreign businesses and/or citizens from constitutional protections. ¶11. (C) It is clear that after the 2005 national election which saw huge gains by the opposition, the ruling party saw, rightly or wrongly, that NGOs and foreign groups played a big role in advocating for political openness and reform. The ruling party has systematically engaged in closer oversight of the political process, scrutinizing every aspect of political participation and implementing efforts to limit outside influence. While Meles' comment that political will is critical to establish a vibrant democratic state adequate political space to permit the exhibition of that political will is also necessary. End comment. YAMAMOTO