The 2019 CSO Law: winds of change for human rights defenders in Ethiopia?

PUBLICATION OF A JOINT BRIEFING NOTE – THE OBSERVATORY / AHRE / HRCO

Geneva-Paris-Brussels, April 19, 2019. After ten dark years, a process of socio-political transformation, sparked by last year’s resignation of the prime minister, is slowly reopening the operational space for civil society organisations (CSOs) in Ethiopia. In a briefing note published today, the Observatory for the Protection of Human Rights Defenders (OMCT-FIDH), the Association for Human Rights in Ethiopia (AHRE) and the Human Rights Council (HRCO) analyse the impact and scope of this reform process, with a focus on the new CSO Law.

In February 2018, three years of violently repressed protests led to the resignation of former Prime Minister Hailemariam Dessalegn, opening the way to a process of reforms which has included the release of several human rights defenders and political prisoners, the signing of a peace agreement with Eritrea, and the appointment of the first women President of Ethiopia and President of the Supreme Court.

One year later, in February 2019, the adoption of the revised Civil Society Proclamation represented another important breakthrough for civil society organisations in the country. The new law repeals repressive 2009 legislation, which had ushered in a decade of severe crackdowns on human rights organisations in the country.

Under the new law, CSOs will now be able to freely decide the scope of their activities, including those concerning human rights. However, hindrances remain in the registration process and international organisations’ activities are still limited.

The briefing note is available on:

http://www.omct.org/files/2011/04/25315/omct_ethiopia_briefing_web_version.pdf
https://www.fidh.org/IMG/pdf/ethiopia_briefing_web_version.pdf

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

For more information, please contact:
OMCT: Marta Gionco: +41 228 09 49 39; [email protected]
FIDH: Samuel Hanryon: +33 1 43 55 25 18 – [email protected]
AHRE: Yared Habtegiorgis: +32 486 336367 – [email protected]
HRCO: Biniam Abate: [email protected]

February 21, 2019

To Prime Minister-, Dr. Abiy Ahmed

CC: Lemma Megersa, President of Oromia Regional State

Association for Human Rights in Ethiopia (AHRE) pens this letter to express its concern following the demolition and planned demolition of thousands of houses in Legetafo town which left families on the street. This comes as a shock to AHRE which has warmly welcomed the overall reforms in Ethiopia, despite some pressing challenges.

AHRE has published numerous statements concerning forced displacements and other human rights concerns that recurred in the country and intensified to a larger scale in the past couple of years. The mass eviction against thousands of families is being conducted by officials themselves, unlike intercommunal conflicts and displacement in the rest of the country which involved the communities themselves, albeit reports of lower level of officials’ involvement.

AHRE has learned that the town was established in 2008 as a new special Zone along with seven other towns as part of the then Oromo People Democratic Organisation (OPDP) plan to curb the expansion of Addis Ababa to its outskirts. Against the local authorities’ claim that the houses were built violating the town’s master plan, several evicted families have bought the plots of land and built the homes before 2008. Many of them also say they have been paying hundreds of thousands in local currency to the town administration for utilities including electric and water bill, and other land payment fees.  Those evicted include children, mothers, new born infants, the elderly, and the handicapped. This is all the more disappointing when evictees were given a short notice (7 days) with no other options of a possible substitute residence.

Dear honourable Prime Minister Abiy, AHRE has in different occasions warmly welcomed and commended the incredible positive steps your admiration took towards bringing peace with Eritrea; releasing political prisoners; opening up the political space etc.  Ethiopia is signatory to The International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to adequate housing mandated by the UN defines forced eviction as “the permanent or temporary removal against the will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of and access to appropriate forms of legal or other protection.” Thus, the measure is in clear violation of the right to housing which Ethiopia is signatory to.

We kindly urge your good office and your administration to issue an order to local authorities to immediately stop mass demolition and evictions; and compensate those families whose houses were demolished.

Kind Regards,

Yared Hailemariam

Executive Director of AHRE

Mobile: +32 (0)486 336 367  

https://www.facebook.com/AHREthio.org/

https://twitter.com/ahrethio 
https://ahrethio.org/

JOINT PRESS RELEASE – THE OBSERVATORY / AHRE / HRCO / CERO

ETHIOPIA: A new era for human rights organisations?

Geneva-Paris-Brussels, February 8, 2019. After years of repression under the 2009 Law on Charities and Societies, the adoption of a more democratic regulatory framework reopens the space for civil society organisations (CSOs) and their engagement in human rights activities. While rejoicing in this important step forward, the Observatory for the Protection of Human Rights Defenders, the Human Rights Council of Ethiopia, and the Consortium of Ethiopian Rights Organizationsand the Association for Human Rights in Ethiopia express their concerns about several challenges which the new law fails to address.

February 5, 2019 marked an historic date in the history of Ethiopian civil society. One year after the beginning of the political transition which led to the release of around a thousand political prisoners and human rights defenders, the peace agreement with Eritrea, and the opening of the borders to human rights defenders who had been living in exile for more than a decade, the House of Peoples Representatives adopted the revised Civil Society Proclamation 1113/2019, which repeals the Proclamation No. 621/2009.

“The process by which the CSO Proclamation was revised by the Legal Advisory Council, the participation of local civil societies and the public hearing before the approval by the House of Peoples Representatives is an important harbinger of how the government shows its commitment to revising laws in line with international human rights norms ahead of the 2020 elections” said Yared Hailemariam, Executive Director of AHRE.

Under the previous framework, all organisations receiving more than 10% of funds from foreign sources were labelled as “foreign organisations”, and therefore prohibited from engaging in any human rights-related activity[1]. Under the effects of this law, at least 17 organisations were forced to either change their mandate or close down, while several others had to significantly reduce their activities.

The new law, which was adopted at the end of a highly participatory process which saw the engagement of local civil society organisations, addresses several of the concerns expressed in relation to the previous law. The funding constraints are lifted, and the powers of the CSO Agency are also limited in particular by the introduction of the right to appeal against the refusal of registration. This will allow all organisations, local and international, to work on human rights-related issues, and has already opened the door to several organisations which will now be able to end their exile.

“After years of violent repression of the human rights movements in Ethiopia, we are extremely glad to witness this crucial change and we hope that the new CSO law will live up to the expectations by providing new impetus to the Ethiopian civil society movement. In this key moment, we need to stand as steadfast as ever on the side of local civil society organisations to be sure that theywill be able to carry out their work free from hindrances, threats and legal restrictions” said Gerald Staberock,OMCT Secretary General.

Nevertheless, important constraints remain. Firstly, the CSO law opts for an authorisation rather than a registration regime, contrary to the recommendations of the ACHPR Guidelines on Freedom of Association and Assembly in Africa[2].This means that CSOs’ staff could be held criminally liable should the organisations be operating informally. Organisations which were already registered under the previous law will have to register again, thus imposing an additional and unjustified burden. Secondly, the majority of the staff composing the CSO Agency in charge of the registration procedure will be appointed by the government; and this body maintains ample discretionary powers to order closures and asset freezes of CSOs. The Board of the Agency, which is the appeal body over the decision of the Agency, is nominated by the Government, CSOs and by the judiciary system. Thirdly, the law imposes a cap on the administrative expenses of NGOs, which cannot exceed 20 % of the total budget thus limiting their independence and flexibility. Lastly, significant and vaguely defined restrictions remain with regard to the work of international organisations, which cannot engage in advocacy and lobbying of political parties nor in election monitoring without an explicit permission from the relevant authority.

“This revision of the Civil Society Proclamation is a significant step forward. Yet, the persisting severe restrictions to the work of local and international organiastions hamper the full recognition of the right to freedom of association in Ethiopia. The authorities must ensure that civil society organisations are free to engage in regional and international synergies in their work for upholding respect for human rights and fundamental freedoms in the country, and more broadly in our continent,“ added Sheila Muwanga Nabachwa, FIDH Vice President.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

The Human Rights Council of Ethiopia (HRCO) is a non-profit, non-governmental organization that works towards building a democratic system, promotes rule of law and due process, and encourages and conducts human rights monitoring.

The Association for Human Rights in Ethiopia (AHRE) is a non-governmental, nonpartisan and not-for-profit organisation dedicated to the advancement of human rights in Ethiopia. AHRE isregistered and based in Geneva, Switzerland.

The Consortium of Ethiopian Rights Organizations (CERO) is a consortium of Ethiopian Charities working on advocacy of human rights and governance issues.

For more information, please contact:

• OMCT: Marta Gionco: +41 228 09 49 39; [email protected]

• FIDH: Samuel Hanryon, [email protected], [email protected], +33 6 72 28 42 94

• AHRE: Yared Habtegiorgis: [email protected]

• CERO: Mesud Gebeyehu: [email protected]

[1] See the Observatory press releases “Ethiopia: Law on Charities and Societies: Freedom of association in jeopardy!” published on January 9, 2009 and “Ethiopia: A decision by the Federal High Court undermines the survival of prominent national human rights organization” published on November 3, 2011.

[2]See the African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa adopted in 2017 to strengthen and clarify the right to freedom of association and assembly established under Sections 10 and 11 of the African Charter on Human and Peoples’ Rights (ACHPR), article 13. The ACHPR was ratified by Ethiopia in 1998.