VZCZCXRO6264
OO RUEHROV
DE RUEHDS #2846/01 2891417
ZNR UUUUU ZZH
O 151417Z OCT 08
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2384
INFO RUCNIAD/IGAD COLLECTIVE IMMEDIATE
RUEWMFD/HQ USAFRICOM STUTTGART GE IMMEDIATE
RUEAIIA/CIA WASHINGTON DC IMMEDIATE
RUEPADJ/CJTF HOA IMMEDIATE
RUEKDIA/DIA WASHINGTON DC IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RHEHAAA/NSC WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE

UNCLAS SECTION 01 OF 03 ADDIS ABABA 002846 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV EAID PHUM ET
SUBJECT: ETHIOPIA'S CSO/NGO LAW READY FOR PARLIAMENT 
APPROVAL 
 
REF: ADDIS 2482 
 
SUMMARY 
------- 
 
¶1. (SBU) Ethiopian Prime Minister Meles Zenawi told 
Ambassadors from the U.K., France and U.S. during the fourth 
in a series of meetings that the proposed Charities and 
Societies Proclamation (CSO law) will be sent, after further 
minor modifications, to the Council of Ministers this Friday, 
October 17, and then to the Parliament for deliberation and 
final approval.  The Prime Minister was clear that the 
proposed law will not be withdrawn.  While the Ambassadors 
expressed their fundamental opposition to the bill, they 
advocated for a discrete set of technical alterations that 
would make the bill less prohibitive to civil society 
operations in Ethiopia.  The Prime Minister expressed deep 
frustration with the recent Human Rights Watch (HRW) report 
criticizing the proposed law and the concerted efforts by 
NGOs in Washington and European capitals to apply 
international pressure on Ethiopia to suspend legislation on 
the law.  He reiterated that over 90 percent of NGOs will not 
be affected, only those NGOs/CSOs involved in domestic 
political activities -- which the Prime Minister noted should 
be free from outside interference or unfair influence through 
the use of foreign money to sway political views.  The 
Ambassadors are considering what next steps to take with the 
anticipated passage of the law from serving as watchdogs to 
continued efforts to modify the implementation of the 
legislation.  End Summary. 
 
THERE WILL BE A CSO/NGO LAW 
--------------------------- 
 
¶2. (SBU) Prime Minister Meles told the group of three 
Ambassadors from the U.K., France, and the U.S., 
representatives of the entire diplomatic corps, on October 14 
that the proposed CSO law will be discussed by the Council of 
Ministers this Friday and then forwarded to the Parliament 
for approval.  The Prime Minister expressed frustration at 
the vocal opposition to the law by the NGO/CSO communities 
which has distracted discussions on more pressing issues of 
concern in the areas of development, economic prosperity, 
regional security and the 2010 electoral process.  Meles 
called the focus by the international community as a problem 
of "perspective" which has fostered misinformation and 
misinterpretation about what the proposed law is or is not. 
 
¶3. (SBU) The Prime Minister reiterated that domestic 
political space must be defined, and carefully guarded, by 
uniquely and distinctly Ethiopian NGOs/CSOs.  Just as in the 
U.K., France and the U.S., where citizens determine the 
political issues for debate and develop goals and objectives 
which meet the countries, respective strategic interests, 
Ethiopia must also protect its political space.  Ethiopian 
groups seeking foreign aid to develop their plans based on 
the definitions laid out by foreign NGOs or donors may not 
meet the interests of Ethiopia but of the foreign entity. 
Even in cases where interests match, Ethiopia's political 
development must be fostered by Ethiopian NGOs/CSOs, Meles 
argued. 
 
¶4. (SBU) Meles noted that the government is drafting a fourth 
version of the bill to be considered by the Council of 
Ministers on October 17, which will take into consideration 
the Ambassadors' suggestions.  In response to specific 
suggestions for alterations, Meles was adamant that the 10 
percent funding threshold for definition of an organization 
as "foreign" would not be altered.  The Prime Minister did 
agree to again review the powers of the proposed Civil 
Society Agency, noting that the aim was not to dictate how 
CSOs run themselves as much as to ensure that basic 
principles are observed.  Meles similarly agreed to review 
again the penalties that the bill imposes, particularly for 
administrative mistakes.  He argued that the aim was to 
ensure that penalties are proportionate to the severity of 
offenses, but not to criminalize minor mistakes.  Meles did 
not agree to remove minimum penalties as proposed by the 
Ambassadors.  Finally, Meles agreed to consider being more 
flexible on the right to appeal, but only for "Ethiopian" 
CSOs, but not for "Foreign" CSOs. 
 
HOW FOREIGN NGOS CAN PLAY A ROLE IN POLITICS 
 
ADDIS ABAB 00002846  002 OF 003 
 
 
-------------------------------------------- 
 
¶5. (SBU) Meles said that maintaining a 10 percent limit on 
foreign funding to domestic NGOs/CSOs involved in political 
advocacy should be sufficient to meet their basic expenses 
and travel without fundamentally altering their agendas. 
Further, the Ethiopian government can enter into contracts 
and agreements with foreign nations, foundations, NGOs and 
groups on political advocacy issues if the program is limited 
in duration, clearly focused and helps in areas where 
Ethiopia needs assistance, primarily in capacity and 
institution building. 
 
¶6. (SBU) Meles suggested that foreign assistance should be 
"demand driven" or address the needs of the developing 
country and not "supply driven" implementing programs which 
are the specialty or interest of the NGO or foreign donor. 
For example, much of the family planning programs by foreign 
NGOs are focused in urban areas.  These should really be 
focused more in rural areas where there is a larger 
population.  This is a case in which the Ethiopian government 
can help define the needs and the scope of programs. 
 
PERCEPTION GAP OR DEEPER PROBLEMS? 
---------------------------------- 
 
¶7. (SBU) The Prime Minister called the efforts by NGOs in 
Washington and European capitals as misinformation and 
misinterpretation of the true intent of the Ethiopian 
government.  The core issue for Ethiopia is the process of 
democratization developed and implemented in a uniquely 
Ethiopian approach which would help instill "ownership" and 
"commitment" by the Ethiopian people.  These efforts will 
make Ethiopian CSOs more vibrant and an Ethiopian driven 
process. 
 
¶8. (SBU) The Prime Minister bemoaned that he regrets any 
potential loss of support from the U.S. and Europe which 
could transcend beyond the mere debate over the CSO law to 
other areas.  This not what Ethiopia wants.  He added that, 
in the defense of Ethiopia's "identity" and efforts to 
develop "Ethiopian approaches," he hoped that the 
international community would understand but Ethiopia would 
stick to its present course and push the CSO law forward as 
well as continue to advocate for other laws and practices if 
they meet Ethiopia's national interests.  He committed to 
continue discussing this law with foreign interlocutors 
because it was important to get Ethiopia's position better 
understood. 
 
COMMENT 
------- 
 
¶9. (SBU) Despite the Prime Minister's claims, the CSO law has 
hit a raw nerve among donors because it reflects far more 
than a difference of perception.  Since the May 2005 
elections, the Ethiopian government has systematically 
blocked the ability of voices from outside the ruling party 
and government from "detracting" from the ruling party's 
"revolutionary democracy" vision.  While the Ethiopian 
Government has legitimate concerns over the operations of 
some organizations, and NGOs certainly would benefit from a 
clearer regulatory regime from which to guide their 
operations, donors and civil society alike view the current 
law as an effort to stifle the development of civil society 
organizations and the watchdog role of civil society over 
government.  While government interlocutors continue to 
assure donor partners that their interpretation of how the 
law might be implemented is draconian, the government's track 
record in stifling dissent and alternate voices over the past 
three years renders such concerns valid.  Even if the 
government initially implements the law liberally, the 
current draft will establish the legal grounds for a very 
strict implementation in the future which most Ethiopia 
watchers in Addis Ababa expect will have a chilling effect on 
civil society operations.  The Ambassadors will continue to 
press the Council of Ministers and Parliament, directly and 
through visitors from capitals, to modify the bill as it 
progresses toward ratification.  Ultimately, however, it will 
become law.  We strongly encourage Washington to consider how 
the USG will react to its passage and continue to recommend 
the language proposed in reftel as a public statement or for 
use in responding to press inquiries upon its passage.  End 
 
ADDIS ABAB 00002846  003 OF 003 
 
 
Comment. 
YAMAMOTO