ETIOPIA CSO LAW AND OPPOSITION LEADER ARREST

UNCLAS SECTION 01 OF 02 ADDIS ABABA 000063

SENSITIVE
SIPDIS

DEPARTMENT FOR AF
LONDON, PARIS, ROME FOR AFRICA WATCHER

E.O. 12958: N/A
TAGS: KDEM PGOV PHUM EAID ET
SUBJECT: ETIOPIA CSO LAW AND OPPOSITION LEADER ARREST

REF: (A) ADDIS 00031
(B) ADDIS 07 3460

Summary:
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1. (SBU) The Ambassador, accompanied by the UK and French DCMs,
called on Ethiopian State Minister for Foreign Affairs Tekeda Alemu
on behalf of the Ethiopia Partner's Group (EPG)(which consists of
ambassadors accredited to Ethiopia) to provide an advance copy of a
statement to be issued by the EPG that raises concerns over the
recent passage of Ethiopia's new Charities and Societies
Proclamation (CSO law)(Ref A),which appears to restrict foreign
assistance for democracy and governance programs, conflict
resolution, and advocacy on behalf of women, children and
handicapped. Independent of their EPG capacities, Ambassador and
DCMs also raised the arrest of opposition leader Birtukan Mideksa,
whose August 2007 pardon was recently revoked, sending her back to
jail for life. The diplomats underscored the importance of the
Ethiopian government (GOE) finding a way to resolve the arrest
through release or expulsion from the country because the arrest
raises potential human rights issues at a time when Ethiopia and the
international community should be focusing on expanding development
cooperation and trade relations. End summary.

CSO Law Statement
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2. (SBU) On behalf of the EPG and the heads of donor organizations,
the Ambassador, accompanied by the UK DCM John Marshall and French
DCM Romain Vuillaume, raised the new CSO law with Tekeda on January

12. The EPG dialogues with the Ethiopian Government on the CSO law
and other sensitive issues. The group provided an advance copy of a
draft statement to be issued by the EPG raising concerns about the
law, noting that it appeared to restrict internationally-funded
civil society organizations (CSOs)/non-governmental organizations
(NGOs) from engaging in democracy and governance programs, conflict
resolution, and advocacy on behalf of women, children and
handicapped. The draft EPG statement is based on the U.S. statement
of January 8, and reflects a consensus by the EPG Ambassadors to
underscore to the government not to implement the CSO law harshly,
though the EPG Ambassadors do recognize the Ethiopian Government's
right to regulate foreign CSOs/NGOs.


3. (SBU) Tekeda urged the group not to issue a statement because it
will not help to make the CSO law a public debate, noting that
differences should be discussed in private. Further, Tekeda said,
the government had the right to regulate foreign institutions and
NGOs engaged in activities in the country. The diplomats
underscored Ethiopia's sovereign right to oversee and regulate all
foreign activities but added that, depending on how the law is
implemented, NGOs may find it impossible to operate in some areas,
such as democracy and governance. They explained that the statement
was to note clearly that the donor community could face termination
of some of its programs because of the law. More importantly, the
diplomats said, the law could have unintended consequences with NGOs
leaving or terminating other programs that could affect the ability
of the donor community to help support core development goals shared
by the GOE and international community. The diplomats stated that
there needs to be close coordination and dialogue to ensure that the
implementation of the law will not be harsh or so restrictive as to
force some NGOs to close operations.

Birtukan
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4. (SBU) The three diplomats raised the re-arrest of Birtukan (Ref
B) as an obstacle at a time when Ethiopia's discussions with its
international partners should focus on development and trade.
Instead, international discussion has focused on the reasons for the
re-arrest of the prominent opposition leader, who was ostensibly
jailed for suggesting that she had not asked for a pardon from the
GOE in 2007. The three diplomats raised the possibility of the GOE
finding a "face saving" solution to the arrest, thus ending an
unnecessary diversion from other priorities. The "China model" of
releasing a detainee for medical treatment overseas, expulsion, or
suspending the re-arrest order were all raised. The Ambassador
noted that Birtukan had drafted a letter to the Prime Minister, at
the time of her arrest, reversing her prior public statements and
clearly stating that she did indeed request a pardon from the
government in order to end her incarceration in 2007.


5. (SBU) Tekeda underscored the strong feelings within the ruling

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Ethiopian People's Revolutionary Democratic Front (EPRDF) against
Birtukan for "reneging" on the conditions under which Birtukan's
2007 pardon had been granted. The EPRDF and the government felt she
had violated the conditions by denying she had requested a pardon,
Tekeda said. The Ambassador noted that the United States had raised
this case with the Prime Minister and other senior ruling party
members to find a way to get the Ethiopians to resolve the problem
of Birtukan's re-imprisonment. Thus far, the Ambassador told
Tekeda, the international community has not issued public statements
or had foreign officials call the Prime Minister in order to keep
the rhetoric down and to allow private diplomacy to encourage the
GOE to find a solution.

Comment:
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6. (SBU) The CSO law will leave the vast majority of USAID programs
and other projects unaffected since the United States is closely
dealing with humanitarian assistance and HIV/AIDs, which are not
regulated under the CSO law. The United States, which now chairs
the EPG and the corresponding Donor's Assistance Group (DAG),will
lead efforts to monitor the implementation of the CSO law in an
effort to moderate potential excesses and prevent harsh
implementation. The CSO law remains confusing and depending on how
harshly it is implemented could potentially restrict U.S. programs
in areas important to U.S. foreign assistance objectives in
democracy and good governance.


7. (SBU) COMMENT CONTINUED: Birtukan's arrest poses an unnecessary
block in relations with the international community, which still
does not clearly understand the reasons for the arrest. The
Ambassador is leading the diplomatic corps' efforts on private
discussions with the Prime Minister, as well as with members of the
EPRDF central committee, to try to resolve the matter, including
Birtukan's departure from Ethiopia if necessary. The issue is a
highly personal dispute between the EPRDF and Birtukan which will
take time to resolve. The U.S. Embassy was heavily (though quietly)
involved in the pardon issued to Birtukan and 70 other detainees in
August 2007, and has a stake in Birtukan's fate. End comment.
YAMAMOTO