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|Title: ||A Critical Assessment of Actors, Roles and Power in the Charities and Societies Proclamation No.621/2009 making process in Ethiopia|
|Authors: ||Getinet, Fantahun|
|Advisors: ||Dr. Mulugeta Abebe|
|Copyright: ||Dec-2010 |
|Date Added: ||13-May-2012 |
The purpose of this study is to critically asses the roles and power of government and nongovernment actors during the CSOs lawmaking process in Ethiopia. In order to achieve the stated aim, data is collected from the executive, legislatures, Civil Society Organization Task Forces, Civil Society Agency and the academic by using open ended questionnaire and interviews. Then, discussion and analysis is made using descriptive and analytical research methods. Minutes, correspondences and relevant documents are used to substantiate the responses from the primary sources.
Based on analysis and interpretation of the data, the findings of research shows that the CoMs, MoJ, experts from the OPM, Legal Affairs Directorate of the MoFA, FDRE HPRs, CSOTFs, individual CSOs, donors and individual citizens participated during the CSO lawmaking process, the absolute power being in the hands of the executive. CSOTFs made changes on several but less contentious provisions, those that pitted the government with CSOs are not resolved. Too fragmented opposition parties remain minority while the ruling party enjoyed absolute majority vote. MoJ was prompted to initiate the law because of following reasons 1) the lack of trust that existed between the government and CSOs 2) the previous laws (Civil Code 1952 and Regulation No.321/1959) have neither clear legal provisions to support genuine NGOs nor to punish illegal ones 3) the previous laws do not specifically deal about CSOs 4) the previous laws have contradicting definitions and 5) the Business Process Reengineering (BPR) reform.
All actors shared the need for the law despite differences in key provisions. Key areas of concern focus on: restriction on foreign funding and definition of CSOs, restriction on work areas, powers of the CSA and sector administrators and infringements defined as "Criminal Acts”. The ratification of the law is not the last stage in lawmaking process.
Therefore, CSOTFs should continue to raise concerns about the proclamation and design a system for reviewing the enforcement and impact of the proclamation with the aim to provide evidence on how its application is affecting their activities. The executive should make continuous reappraisal of the most contentious provisions and provide remedies for each.|
|Appears in:||Thesis - Public Adminstration|
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