(Befekadu Hailu)
[The original version of this piece is written in Amharic; please read the Amharic version for accuracy.]
The Ministry of Justice in Ethiopia introduced a draft revision of the Civil Society Organizations Proclamation, which was adopted in 2019. This law, which was enacted in the wake of Ethiopia’s political transition, replaced the previous “repressive” proclamation. However, the gradual erosion of the rights granted in the Proclamation of Civil Society Organizations (CSOs) and other proclamations issued during the transition period has raised serious concerns. In this brief article, I will provide an overview of the journey of regression in legal reforms that we once cherished a few years ago. I will also present a comparison of the revised draft with the current and the repealed proclamations, allowing readers to make their judgments.
The Advisory Council for Legal and Judiciary Reform, established in 2018, was tasked with reviewing dozens of repressive laws through a process that involved several task forces of experts, stakeholders’ consultations, and popular consent. The most significant achievement in the last political transition was the revision of these repressive laws. Among the laws reviewed by the council were the Proclamation on Civil Society Organizations, the Proclamation on Anti-Terrorism, the Proclamation on Media, and the Proclamation on Election and Political Parties. Indeed, the process was not without its flaws; the drafts prepared by the experts were first reviewed by the Attorney General, then by the Council of Ministers, with some of the original drafts of some provisions amended, and then by the House of People’s Representatives; on the other hand, drafts such as the “Freedom of Access to Information” bill were never approved at all. However, the laws that were drafted by the Council’s task forces and approved by the House had better public acceptance. It was believed that this period would replace the previous rule by law or legal repression with the rule of law.
Soon after (as the transitional government began to consolidate its power and engage in power struggles with its adversaries), it began to narrow the civil space that had started to improve under the law through illegal restrictions; we have seen the laws being violated on several occasions. For example, although the law specifies that the board members of the Ethiopian Media Authority should not be appointed from a political party, it was openly violated, and members of the Prosperity Party were appointed. Similarly, ACSO imposed a not-legally-sound suspension on five local CSOs. Now, the issue has further escalated, and the laws have been subjected to governmental scrutiny, without assessing their effectiveness on society and governance. The draft revision of the Media Law and the Civil Society Organizations Proclamation are examples of this regression. It has been previously reported that the revision of the Media Law extends the authority of the executive branch of the government and narrows the civic space.
The Repression of CSOs
The amendment of the Civil Society Organizations (CSOs) law in 2019 was welcomed by almost all stakeholders. However, as conflicts proliferated across Ethiopia and as civil society members began to hold the government accountable, the government turned its back on them. Furthermore, CSOs were particularly targeted during the Tigray conflict. The crackdown on CSOs included international aid organizations. Three international organizations were suspended during the Tigray war, amid allegations of spreading disinformation. The local Peace and Development Center (PDC) was also suspended, and its leaders were briefly imprisoned.
Following the cessation of hostilities in the Tigray war through a peace agreement, and the subsequent escalation of the Amhara region conflict, ACSO suspended the registration of human rights organizations for several months without providing any specific reasons. In addition, existing organizations were subjected to bureaucratic pressure to change their objectives related to rights and democracy when they attempted to amend their bylaws. Individuals claiming to be members of the security forces have also begun to target and intimidate members and leaders of CSOs. As a result, many leaders and members of civil society organizations were forced into exile.
Meanwhile, Prime Minister Abiy, in his July 2024 Q&A with the House of People’s Representatives, called for a review of the human rights proclamation, institutions, and practices. In his speech, he made a sweeping statement, saying, “I won’t tell you what will happen if we allow a force that we don’t pay salaries to, but other forces have, and that reports to other forces.” This speech sent a shock wave to CSO members. A few months after the Prime Minister made his allegation, the Authority of CSOs (ACSO) suspended five human rights organizations for about three to four months, citing political reasons. Although the suspension was lifted through the mediation of the Ethiopian Human Rights Commission, all CSOs have continued to experience the chilling effect and operate below their capacity.
Eventually, the Ministry of Justice has finalized its preparations for revising the CSOs Proclamation and is facilitating consultation forums among selected groups. The revised draft, in addition to narrowing the civic space, is similar to the repealed law due to its repressive provisions. To illustrate the stark contrast, I have picked four examples and presented them for comparison as follows.
