REVISED POLITICAL PARTIES REGISTRATION PROCLAMATION

UNCLAS ADDIS ABABA 003370 SENSITIVE SIPDIS C O R R E C T E D C O P Y (TEXT) E.O. 12958: N/A TAGS: KDEM PGOV PHUM ASEC ET SUBJECT: REVISED POLITICAL PARTIES REGISTRATION PROCLAMATION REF: REF: FOLLIARD AF/E E-MAIL OF 12-12-08 Summary -------------- ¶1. (SBU) Ethiopia's revised Political Parties Registration Proclamation (reftel) came into effect on September 24, 2008 instituting additional new reporting requirements that will further dampen opposition parties' ability to raise funds and compete in Ethiopia's ever-shrinking political space. The revised Proclamation allows the National Electoral Board (NEB) to monitor more closely the financial activity of political parties by requiring the disclosure of funding sources, including names of donors. Opposition parties have already reported a loss of funding from supporters who now fear persecution. Three prominent opposition party leaders said that they have not received any of the financial support from the Ethiopian Government (GoE) that the Proclamation entitles them to, and do not expect any funding from the NEB until just before the 2010 national elections when it will be too late to use the funds to organize and campaign. End Summary. Registration of Political Parties -------------- ¶2. (U) The revised Proclamation requires prospective political parties to submit several documents not previously required with the application for registration of a political party. These include the names and addresses of the party leaders (Art. 8(2)(d)),statements of consent from the leaders to act as leaders (Art. 8 (2)(d)),a document signed by founding members and opened to the public (Art. 8(2)(e)), a document showing that the political party leaders are elected by the General Assembly (Art. 8(2)(f)),and a document containing the name and address of the political party auditor (Art. 8(2)(g)). The registration fee is not specified in the document, stating that the amount shall be determined by the NEB (Art. 8(6)). Obligations of Political Parties -------------- ¶3. (U) In addition, under the revised Proclamation, political parties must: 1) submit a document showing the required number of members- 1,500 for a country-wide party (Art. 5(1)(a)),750 for a regional party (Art. 6(1)(a)); 2) notify the NEB if forming a front, union, or coalition (for the purposes of upcoming elections) 30 days prior to the issuance of a time schedule for local or general elections (Art. 19(1)(b)); and 3) submit financial reports including all sources of income and the names of the people who made contributions/donations whenever the NEB requires (Art. 54(2)). In addition, an article was added requiring political parties to inform the NEB immediately when new officials are elected (Art. 21 (1)). An article of the Proclamation also stipulates that "it shall be punishable by law where a political party with a view to introduce its political aims by force or duress, organizes or trains or recruits by coercion a person or group" (Art. 57(2)). Political Party Financing -------------- ¶4. (U) The revised Proclamation states that the government may/will (ambiguity in English/Amharic translation) grant support to political parties with representation in Federal and State Houses of Parliament to conduct their day- to- day activity and election purposes (Art. 42). (NOTE: Day- to- day activity is defined to include developing political consciousness of the public, acquainting the public with the aims of the party, agitation to enable citizens to have active participation in the political activity of the country, and strengthening a harmonious relationship between the public and government institutions. END NOTE.) Government funding for election purposes shall be available only for elections to Federal or State Houses, not for local elections (Art. 47(1)). The Proclamation stipulates that support granted to political parties shall be apportioned between the parties on the basis proportional to their number of seats in Federal of State Houses (Art. 45(2)(a)). For election purposes, support will be granted based on the number of candidates nominated by the political parties and the number of women candidates nominated (Art. 45(2)(b)). The Proclamation is unclear as to what recourse opposition parties have if they do not receive grant support. ¶5. (U) The Proclamation prohibits several sources of funding, including funding from terrorist organizations, government organizations, unknown sources, an organized group or person assuming state power in a manner other than provided under the Constitution, and any body or person that contributes in exchange for inappropriate or unlawful benefit (Art. 52). Foreign nationals are explicitly prohibited from funding political parties (Art. 51(1)(a)). Also, where a political party is found to have accepted financing from commercial and industrial activities, those assets will be confiscated and the party will be liable under the appropriate law (Art. 53). Views from Opposition Leaders -------------- ¶6. (SBU) Many opposition parties are struggling financially, especially outside of Addis Ababa. When asked whether they have received any financial support from the GoE to which the Proclamation entitles them, Oromo Federalist Democratic Movement (OFDM) Chairman and Member of Parliament (MP) Bulcha Demeksa and Oromo People's Congress (OPC) Chairman and MP Merera Gudina said they have never seen a cent. To make matters worse, Diaspora funding has decreased in recent years compared to the run-up to the 2005 elections. When asked why they did not raise the issue of GoE financial support in Parliament, they said it is impossible to raise because the Parliamentary Advisory Committee (with a 94% EPRDF membership) kills it every time it is raised. Bulcha and Merera also noted that challenging the government in court would be prohibitively expensive. United Ethiopian Democratic Forces (UEDF) Chairman Beyene Petros predicts that the NEB will wait to disburse funds until just before the 2010 elections, preventing the opposition parties from using the funds to organize and campaign. All three of the Chairmen expressed frustration with the international donor community for not insisting on the disbursement of funds by the NEB. Comment -------------- ¶7. (SBU) While most provisions of the Proclamation are well founded in principle, we view the Proclamation as yet another success of the GoE and ruling party to legislate the de facto stifling of political opposition that has prevailed since the 2005 national elections. In just the two months since this Proclamation came into force it has had the chilling effect of reduced funding (both domestically and from abroad) on opposition parties that those parties warned would come. The prohibition on funding from foreign nationals has eliminated much of the Diaspora,s contribution to Ethiopia's political parties, while the imperative to name all funders has further intimidated opposition supporters who fear being targeted by the GoE or ruling party cadres. While the prohibition on parties engaging in commercial or industrial activities would seemingly strip the four parties within the ruling coalition of their massive revenues gained from party-owned endowment, conglomerates, or party-statals,, which dominate much of the Ethiopian economy, we expect a nuanced legal distinction has been, or will be, made exempting them from this section of the law. Finally, while the proclamation provides for funding from the GOE, those funds need to be provided in a timely manner or it will make it impossible for the opposition to participate meaningfully in the election. In sum, this legislative action, passed without consultation with the opposition and over its chorus of dissent, has further cemented the dominance of the ruling EPRDF in Ethiopia's ever-shrinking political space. End Comment. YAMAMOTO