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UNCLAS SECTION 01 OF 03 ADDIS ABABA 002482 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV EAID PREL ET
SUBJECT: GOVERNMENT SET TO PASS CSO LAW 
 
REF: ADDIS 2105 
 
This is an Action Request.  Please see paras 5, 6, and 7. 
 
SUMMARY 
------- 
 
¶1. (SBU) The release of a minimally altered, near final 
version of Ethiopia's highly contentious Civil Society 
Organizations (CSO) law suggests that the Ethiopian 
Government (GoE) is preparing to rush the bill through 
Parliament this Fall.  The impact of the law on U.S. foreign 
assistance programs remains unclear as the provision 
exempting foreign CSOs operating under an agreement with the 
GoE from the provisions of the law simply codifies the 
current procedure by which U.S. project assistance in 
Ethiopia is pre-vetted with the GoE, providing a potential 
exemption therefor.  The larger impact, however, will be to 
eviscerate Ethiopian civil society engaged in building strong 
and transparent national institutions by prohibiting them 
from receiving significant foreign funding.  The net effects, 
therefore, will likely be the restriction of foreign 
assistance aimed at democratic institution building, 
undercutting development of a civil society and the 
establishment of strong and transparent institutions of 
governance that represent, and respond to, the will of the 
people.  Post will continue to press the GoE to avoid passage 
of such restrictive legislation, but we are increasingly 
pessimistic about the ability to stop this juggernaut.  Post 
strongly recommends that Washington prepare to release a 
strong public message when this legislation does pass.  End 
Summary. 
 
VERSION III... 
-------------- 
 
¶2. (SBU) The Ethiopian Government (GoE) discretely released a 
minimally revised version of its highly contentious draft 
Civil Society Organizations (CSO) law on September 2.  A copy 
has sent to AF/FO, AF/E, DRL/AE, and USAID/AFR on September 
¶4.  This third draft is substantively revised only by 
replacing specific references to criminal penalties with the 
more oblique provision that violations of the law will be 
punishable in accordance with provisions in the criminal 
code.  The new draft leaves intact contentious provisions 
including the definition of "Ethiopian" CSOs based on foreign 
funding levels of no more than 10 percent; the prohibition on 
"foreign" CSOs from engaging in human and democratic rights, 
gender equity, children's and disabled rights, conflict 
resolution, and efficiency of the justice and law enforcement 
sectors; and the denial of the option for foreigners to 
appeal administrative decisions to the judiciary.  As the 
most formal draft presented yet, with a pre-printed effective 
date of 2008, and only minimal cosmetic alterations, this 
latest version of the law reaffirms the Prime Minister's 
confirmation in reftel that the GoE will pass this law this 
year.  Sources close to the GoE suggest that the government 
will present the draft to the Council of Ministers shortly 
following the September 15-19 ruling party congress; the 
Council will, in turn, refer it to Parliament upon convening 
on October 10. 
 
...AND ITS EFFECTS 
------------------ 
 
¶3. (SBU) The minimal alterations to this bill, after three 
rounds of senior diplomatic engagement (reftel and previous) 
highlighting the impacts of the law on donors' and NGOs' 
activities, leaves little question that the GoE is fully 
aware of, and intent on enforcing, the projected restrictions 
on Ethiopia's CSO operations.  As virtually all Ethiopian 
CSOs with whom the U.S. Mission engages, or which have 
demonstrated any appreciable level of capacity, secure the 
majority of their support from foreign sources, the Article 
2(2) definition of "Ethiopian Charities" as those which 
receive not more than 10 percent of their funds from foreign 
country sources renders all such CSOs as de facto "foreign." 
Articles 14(2) and (5) continue to prohibit these partners 
from engaging in the advancement of human and democratic 
rights, the promotion of gender and religious equality, the 
promotion of children's and disabled rights, conflict 
resolution and reconciliation, and the efficiency of the 
justice and law enforcement services.  As current U.S. 
 
ADDIS ABAB 00002482  002 OF 003 
 
 
foreign assistance programs are already pre-vetted with GoE 
partners, the Article 3(2)(b) provision exempting foreign 
NGOs operating under an agreement with the GoE from the law 
allows the U.S. potentially to continue supporting democracy, 
governance, and conflict resolution programs in Ethiopia.  It 
does, however, prohibit significant support to Ethiopian CSOs 
to assist with the implementation of such programs, 
undercutting the potential to build local CSO capacity to 
sustain civil society's watchdog role over government. 
Whereas the standard Ethiopian legislative definition of the 
term "foreign" pertains exclusively to non-Ethiopian citizens 
or governments, the latest Article 2(15) specifically defines 
"income from foreign sources" to include "any person in an 
foreign country," including Ethiopian citizens resident 
abroad. 
 
HIGHLIGHTING THE ZIMBABWE EXAMPLE 
--------------------------------- 
 
¶4. (SBU) Over the past few months civil society, Ethiopian 
political opposition, and international contacts have 
frequently noted the striking similarities between the draft 
Ethiopian bill and the similar, but less egregious in its 
criminal penalties, CSO legislation passed in Zimbabwe in 
¶2004.  In its analysis of the Ethiopian law, Human Rights 
Watch (HRW) specifically highlighted the parallels between 
the laws and noted that upon Zimbabwe's passage of a similar 
law, the Department of State condemned it.  Introduction and 
progress of this bill through the GoE and Parliament will 
almost certainly expose the USG to mounting international 
criticism if we remain publicly silent on the issue -- 
particularly if such progress coincides with current 
Ethiopian restrictions on CSOs and humanitarian relief 
operations. 
 
PROPOSED PUBLIC STATEMENT 
------------------------- 
 
¶5. (SBU) Passage of an Ethiopian CSO law similar to the 
existing draft will significantly undermine U.S. objectives 
of transparency, participation, and accountability in 
governance.  Experience has already demonstrated the bill's 
potential to induce widespread public criticism of the USG 
for the perceived double standard in our policy toward 
Ethiopia.  While the Ambassador and Post will continue to 
press the GoE against passage of such a restrictive law, all 
evidence suggests that the GoE will quickly introduce and 
pass this legislation this year.  As such, Post strongly 
recommends that the Department prepare a public statement in 
response. 
 
¶6. (SBU) PROPOSED TEXT OF STATEMENT 
 
The United States is gravely concerned by the Ethiopian 
Government's passage of the Charities and Societies 
Proclamation.  The law will severely limit the operations and 
effectiveness of civil society to contribute to the 
establishment, and transparent functioning, of Ethiopian 
institutions of governance. 
 
We recognize the importance of effective oversight of civil 
society organizations to ensure that they abide by the rule 
of law and operate under a uniform set of regulations. 
Unfortunately, by stripping organizations that receive 
significant foreign funding from contributing to the 
advancement of human and democratic rights, promoting 
conflict resolution, or gender or religious equality, the law 
undermines the ability of the Ethiopian people to contribute 
to their own well-being, stability, and prosperity. 
 
Combined with the passage of a highly restrictive press law, 
incomplete implementation of the electoral law in the April 
2008 elections, and the refusal to engage in dialogue among 
political parties, this law represents the latest step in a 
series of concerning actions restricting political space in 
Ethiopia since the tumultuous elections of 2005. 
 
We call on the Ethiopian Government to reverse this trend and 
recommit itself to a political process responsive to the will 
of the people and which welcomes, rather than restricts, 
their participation. 
 
END PROPOSED TEXT OF STATEMENT 
 
ADDIS ABAB 00002482  003 OF 003 
 
 
 
COMMENT 
------- 
 
¶7. (SBU) As the latest move to restrict democratic space in 
Ethiopia, the proposed CSO law will not only directly affect 
the USG's ability to promote positively democratization and 
good governance in Ethiopia, but it will further silence the 
already muzzled voice of the people. (Please note our 
democracy and governance funds account for less than one half 
of one percent of our total aid, but we see the CSO law 
affecting activities well beyond this funding).  U.S. 
interests cannot afford to risk the threat to internal 
stability in Ethiopia that the growing public 
disenfranchisement since the 2005 elections may bring.  The 
CSO law directly restricts U.S. foreign assistance programs 
and effectively undermines U.S. democracy and governance 
objectives.  The Ambassador will continue to raise these 
concerns with GoE officials until the law passes.  Post urges 
Washington principals to raise USG concerns about the CSO law 
and the broader political trend of which it is a part with 
Ethiopian Prime Minister Meles Zenawi when he is in New York 
and Washington during the UN General Assembly.  End Comment. 
YAMAMOTO