Addis Abeba — The Ministry of Justice has prepared a draft amendment to the current Civil Society Organizations (CSO) Proclamation, introducing sweeping changes that have raised concern among rights advocates and legal experts.
The draft grants the the Ethiopian Authority for Civil Society Organizations (ACSO) new powers to issue suspension orders when there is "suspicion of a serious legal violation by a civil society organization" and when the agency "believes irreparable harm will occur if the organization is not suspended." Under the current proclamation, enacted as part of the post-2018 reforms, only the Director-General could issue such orders and only after a confirmed legal violation was found during an investigation, limited to a three-month suspension.
The amendment also introduces restrictions on foreign and foreign-established organizations, explicitly barring them from engaging "directly or indirectly" in political advocacy, voter education, election observation, or any election-related work, including through technical or financial support to local organizations.
The Ministry announced it held consultations with government institutions and civil society representatives on the proposed amendment to Proclamation No. 1113/2011, in collaboration with the Ethiopian Authority for Civil Society Organizations.
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Belayihun Yirga, State Minister for Government Legal and Justice Service Sector at the Ministry of Justice, said Proclamation No. 1113/2011 was among the laws "significantly reformed" and that the proposed changes are based on "extensive studies."
Addis Standard has reviewed the draft document, which outlines the rationale behind the amendment as addressing observed "gaps in the current law", strengthening the sector, enhancing transparency and accountability, and aligning CSO activities with public and national interests.
The draft also proposes that registration can be denied if "the Authority believes the organization poses a threat to national security."
Addis Getnet, Director General of Legal Research, Drafting, Revision, and Codification at the Ministry, noted that the existing proclamation was adopted six years ago. He stated, "The draft amendment has been prepared in a way that reduces challenges encountered during implementation in recent years and incorporates new rights to further strengthen the sector."
One major structural change in the draft is the complete repeal of provisions concerning the Board of the Authority for Civil Society Organizations. The number of board members would be reduced from eleven to seven - four appointed by the Minister of Justice from government institutions, two by a Council from the Authority for Civil Society Organizations itself, and one expert from the civil society sector, also appointed by the Minister of Justice.
The draft also proposes that registration can be denied if "the Authority believes the organization poses a threat to national security." The Authority, in consultation with relevant bodies, would have the mandate to define what constitutes such a threat and issue implementing directives.
Further revisions target Article 62, sub-article 5, replacing existing protections on operational freedoms with new restrictions. The proposed article prohibits foreign and foreign-established local organizations from providing any support - financial or technical - for election-related activities. Local CSOs are likewise banned from accepting such foreign support for these purposes.
...if passed the amendment "will narrow the civil space, there is no doubt about that." Befekadu Hailu
On resource mobilization, the amendment states that organizations may receive funds from any legal source but must report foreign support to the Authority within 15 working days. The report must include the source, amount, purpose, and documentation. The Authority may issue directives on permissible amounts.
Speaking to Addis Standard, human rights advocate and activist Befekadu Hailu warned that if passed, the amendment "will narrow the civil space, there is no doubt about that." He noted that most civil institutions struggle to raise funds locally and that the restrictions would particularly hurt advocacy organizations. While humanitarian efforts like those by Mekedonia may manage local fundraising, he said advocacy work would suffer due to a lack of public understanding about its importance.
"Everyone can understand hunger. When you tell people here to donate their clothes and money, they might. However, there is a lack of understanding that human rights and good governance expose people to these famines and epidemics," Befekadu explained. "Because there's no awareness that good governance and the protection of human rights are a way to address problems like hunger and epidemics, it makes it unthinkable to raise funds domestically."
He also criticized the provision prohibiting foreign funding for election-related activities, saying it would disrupt civil society operations. "The current amendment reinstates the highly criticized civil organization law approved under the EPRDF, but with different language and a different strategy," he said.
Recalling the post-2018 reform era, Befekadu noted that several repressive laws had been revised under a "a new and popular government". He recalled that there was an "alignment of interests" between the "people's power", the media and civil society organizations and the "reformist government" that was then consolidating power. But as those institutions began to demand accountability, a shift occurred. "The government in power "began to feel uncomfortable.". That created a misalignment of interests between the media, civil society and the government, which "began to view them as enemies," Befekadu explained.
"This is not unique to Ethiopia," he added. "Governments that come to power as agents of change are celebrated at first. But as they begin to cling to power, they become responsible for the destruction that follows. They blame 'foreign-backed groups' and conspiracies, suppressing societal forces under the guise of law enforcement."
The draft amendment also alters the process for suspension orders. While the current law permits suspension only after an investigation confirms a serious legal violation - and limits it to three months- the new draft allows suspensions based on mere suspicion. If the investigation is not concluded within the initial period, the board may extend the suspension by another three months.
The current law allows CSOs to appeal Authority decisions to the board, and subsequently to the Federal High Court if unresolved. The draft, however, declares that "the decision given by the board shall be final," effectively eliminating the right to judicial appeal.
A senior legal expert who spoke to Addis Standard anonymously noted that the amendment infringes on the right to access justice. "Organizations whose rights were previously infringed upon had recourse to courts. The new draft removes that option," the expert said.
...all three suppressive laws - the media law, the terrorism law, and the CSO law- are being reversed. This is a return to the post-2005 tactics of restricting democratic institutions
Befekadu concurred, calling the amendment "an inappropriate extension of executive power" that "usurps the judiciary."
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The legal expert drew parallels with the post-2005 era, noting that after the disputed election, the EPRDF enacted laws targeting political parties, media, CSOs, and passed the anti-terrorism law - all before the 2010 election. "We're seeing the same trend," the expert said.
"When Prime Minister Abiy came to power, the goal was to revise Proclamation No. 628," he continued, referring to the law enacted after 2005. "These revisions expanded the democratic space. Now, all three suppressive laws - the media law, the terrorism law, and the CSO law- are being reversed. This is a return to the post-2005 tactics of restricting democratic institutions."
The proposed amendment has also drawn strong criticism from international rights groups. In a statement released today, The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) expressed grave concern, warning that the draft legislation - if enacted - would significantly restrict the independence, operations, and survival of civil society organizations in Ethiopia. The Observatory said the amendment "represents a major step backwards for civic space in the country, undermining the rights to freedom of association, expression, and access to justice."
Recently Ethiopia's civic space is under significant strain. The Ethiopian Human Rights Defenders Center recently reported that several CSO leaders have fled the country due to "intensified intimidation and threats," citing a "deteriorating civic space." Such development followed the suspension of three prominent human rights organizations - AHRE, CARD, and LHR - by the civil society authority. Amnesty International condemned the suspensions as part of a "growing crackdown," warning that civic space is shrinking just as the country faces escalating conflict and widespread rights violations.
