VZCZCXRO5674
PP RUEHROV
DE RUEHDS #0063/01 0131351
ZNR UUUUU ZZH
P 131351Z JAN 09
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC PRIORITY 3351
INFO RUCNIAD/IGAD COLLECTIVE PRIORITY
RUEPADJ/CJTF HOA PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEKDIA/DIA WASHINGTON DC PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY

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: 
-------- 
 
¶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 
----------------- 
 
¶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 
-------- 
 
¶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 
 
ADDIS ABAB 00000063  002 OF 002 
 
 
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: 
-------- 
 
¶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