A Critical Assessment of Actors, Roles and Power in the Charities and Societies Proclamation No.621/2009 Making process in Ethiopia
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Date
2010-12
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Addis Ababa University
Abstract
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
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Keywords
Proclamation