The New Charities and Societies Proclamation
and its Impact on the Operation of Save
the Children Sweden -Ethiopia
Save the Children Sweden-Ethiopia
December 2009
Meskerem Geset
Consultant and Attorney at Law
Table of Contents
I. Introduction …………………………………………………………… ...
3
1.1 Organizational Background ………………………………………...
3
1.2 Relevance and Objectives of the Study …………………………...
4
1.3 Methodology and Information Sources …………………………..
5
1.4 Limitations …………………… …………………………………….
7
II. Basic Features of the Proclamation…………………………………….
8
III. Findings and Discussions ……………………………………………...
11
3.1 Major Areas of Concern for SCS and Partners…………………..
11
3.1.1. Working Methods……………………………………………
11
3.1.2. Priority Areas and Thematic Programmes
15
3.1.3 Specific Projects ………………………………………………
22
3.1.4 Administrative Operations …………………………………..
23
3.2 Implications on Working Relations ……………………………....
27
3.3 Impact on Children’s Lives ………………………………………..
29
IV. Conclusions and Recommendation …………………………………..
32
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ACRONYMS
ACPF
The African Child Policy Forum
CBOs
Community Based Organizations
CDI
Center for Development Initiative
CPU
Child Protection Unit
CRP
Child Rights Programming
CSA
Charities and Societies Agency
CSOs
Civil Society Organizations
ECAF
East and Central Africa
EDA
Emmanuel Development Association
JJPO
Juvenile Justice Project Office
MOE
Ministry of Education
MOJ
Ministry of Justice
MOWA
Ministry of Women Affairs
NGOs
Non Government Organizations
PASDEP
Plan for Accelerated and Sustained Development to End
Poverty
PHP
Physical and Humiliating Punishment
SCS/E
Save the Children Sweden/Ethiopia
SP
Strategic Programme
TPP
Thematic Programme Plan
TP
Thematic Programme
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I. Introduction
1.1.
Organizational Background
Save the Children Sweden is a non profit international organization that works
for a world which respects and values each child, which listens to children, and
where all children have hope and opportunity. Save the Children Sweden fights
for the rights of children and delivers immediate and lasting improvements to
children's lives worldwide.
The Ethiopia Country Program of Save the Children Sweden is part of the
Eastern and Central Africa (ECAf) regional program. It has been operational in
Ethiopia since 1965, making it one of the long operational international NGOs in
the country. SCS mainly works with local partners to achieve the goals it has set
out and focuses on building the capacity of local people, community based
structures and organizations. During the last 43 years, SCS in Ethiopia has
addressed identified needs of the different sectors of the population, with
particular focus on disadvantaged children. In the past decade, SCS was more
active in the implementation of focused child rights programmes in collaboration
with national civil society partners.
Currently, the main focus of Save the Children Sweden's work in Ethiopia is on
child protection, education, child rights and civil society. To achieve the
objectives under this programme SCS is working with identified active local
partners with a common plan of action.
3
1.2.
Relevance and Objectives of the Assessment
The new legislation on Charities and Societies, Proclamation No. 621/2009
promulgated in February 13, 2009 has introduced new challenges to most of the
NGOs operating in the country and thus, having apparent potential in affecting
SCS and its local partners operation in Ethiopia. It hence, appears significant for
the organization to examine its programmes and working methods in view of the
new law and identify the implications thereof in order to make appropriate
decisions and devise well calculated ways to aptly cope within the current legal
framework. Therefore, this assessment is conducted owing its significance in
providing SCS with the relevant information on the implications of the new
legislation in its operation with in the country and indicate alternative ways to fit
in the legal environment.
The general objective of the assessment is, hence, to thoroughly studying the
possible effects of the new Charities and Societies Proclamation on the
intervention programs of SCS and its partner organizations and further identify
possible future directions with in the legal limits to enable SCS continue
positively impacting the lives of children.
Under the above stated general objectives, the specific objectives of the
assessment are:
to review the possible implications of the new proclamation on SCS and
its partners’ common areas of intervention and administrative operations
to indicate possible impact of the law on the lives of children
to study alternative scenarios it will have on all aspects of SCS Ethiopia
programs.
4
to identify possible future directions and recommendations for SCS and
partners in their child focused interventions
to assess the possible working relationship of SCS and partners with the
government in the implementation of their programs.
Accordingly, each of the priority areas, thematic programmes and working
methods of SCS is examined in light of the law and the possible implication of
the legislation on SCS’s relation with its different partners, government
stakeholders and children is also analyzed. Further, possible alternatives were
identified and proposed to indicate a way forward to tactically sustain the
prioritized programme areas and working methods without conflicting with the
law.
1.3.
Methodology and information sources
To facilitate a comprehensive analysis of the operation of SCS in line with the
legislation, desk review has been mainly used for the assessment. Hence,
important documents of SCS such as its strategic plan, the thematic programme
plans (Ecaf TPP ) were consulted allowing a careful investigation to identify
which of SCS’s working methods , program areas and thematic priorities, and
projects might be disturbed. A close examination of the provisions of the
proclamation and relevant documents of the CSO Task Force related to the
drafting process of the proclamation were consulted to give contextual frame
work in understanding the basic features of the law.
The evaluation process has been basically qualitative, and the data was collected
mainly through interviews, questionnaires and rarely through focus group
discussions and informal discussions.
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Both structured and non-structured interviews with relevant informants were
used to gather qualitative data. Representatives and program staff of NGOs
working in partnership with SCS were interviewed on their perception of the
new proclamation in light of their programs, the possible challenges they
anticipate to face practically and alternatives they may see as coping mechanism.
Similarly, relevant officers and experts from government institutions were also
interviewed. Questionnaires were also prepared and administered in occasions
where respondents preferred it to the interview and where they are not seen as
key informant.
With regard to community, particularly children focus group discussions were
mainly adopted to gather information from them. Through focus group
discussions children in the community, the child rights club and child parliament
were given the opportunity to express their view concerning the new regulatory
framework and its impact on their rights and interests. Their effective
participation was ensured through a child friendly approach.
Informal discussions with relevant international organizations were also used to
gather information on their approach to the issue at hand with the view to learn
relevant lessons.
The diversity of the informant group involved in data collection can be generally
represented as follows;
Government stakeholders : such as the police, the judiciary, MOWA
,MOE, JJPO, Ethiopian Police University College , MOJ , Ethiopian Human
Rights Commission ,Institute of the Ombudsman, the Judicial Training
Center, the Remand Home,:
Local partners: CDI, EDA, Zemasef, Handicap National ,ACPF ,Hiwot
Ethiopia, FSCE,ANPPCAN
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Children: members of child rights clubs, child parliaments and project
beneficiary children
professional association: Alumni Association of the Law Faculty of the
A.A.U
1.4.
Limitation of the assessment
The process of the assessment, of course, did not progress without limitations.
The major limitation originates from the proclamation itself as it lacks clarity and
fair details in many aspects which made the analysis hereof limited. Several of its
provisions are very general and ambiguous, which are anticipated to be clarified
by the regulation to be enacted by the Council of Ministers and following thereof
by the directives to be provided by the Agency established under the
proclamation. Such legal materials are expected to shed lights on a number of
grey areas in the proclamation, yet, such documents have not came into force
though the regulation is still promised to be officially released very soon.
One big challenge faced on the part of some partner NGOs and government
offices was the lack of clear understanding of the implications of the legislation
or the lack of proper awareness concerning the new legal environment.
Accessibility of informants in government offices and their willingness to devote
some time for either filling questionnaires or interviewing was another critical
challenge during data collection. Several key informants from highly relevant
government stakeholders, due to their work load, were not available to fill the
questionnaires or attend interviews in due time.
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II. Basic features of the proclamation
a)Purpose of the law
As clearly indicated in the preamble the proclamation has two main purposes
that necessitated its promulgation, these are:• ensuring the realization of citizens’ right to association enshrined in the FDRE
Constitution; and
• aiding and facilitating the role of Charities and Societies in the overall
development of Ethiopian peoples.
B) Forms of Charities or Societies
The proclamation introduced there forms of charities and societies:
1. "Ethiopian Charities" or "Ethiopian Societies“: formed under the laws of
Ethiopia, all of whose members are Ethiopians generate income from Ethiopia
and wholly controlled by Ethiopians. However, they may be deemed as
Ethiopian Charities or Ethiopian Societies if they use not more than 10% of their
funds which is received from foreign sources.
2. "Ethiopian Residents Charities" or "Ethiopian Residents Societies": formed
under the laws of Ethiopia and which consist of members who reside in Ethiopia
and who receive more than 10% of their funds from foreign country sources.
3.
"Foreign Charities": formed under the laws of foreign countries or which
consist of members who are foreign nationals or are controlled by foreign
nationals or receive funds from foreign sources
A close reading of the provisions of the proclamation suggests that the grounds
for classification are place of registration nationality or residence of members,
and source of income
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c) Scope of application of the Proclamation
Art 3 of the proclamation defines the scope of application of the law by clearly
stipulating the types of organizations governed by legislation and those that are
excluded from.
Accordingly, the proclamation is applicable to:1) Charities or Societies that operate in more than one regional state;
2) Those who secure funds from foreign sources though they operate in one
regional state;
3) Charities or Societies operating in Addis Ababa or Dire Dawa.
On the other hand, institutions that are out of the scope of application are:1) Religious organizations;
2) International or foreign organizations operating in Ethiopia by virtue of an
agreement with the Government;
3) Cultural or religious associations or other similar institutions;
4) Societies governed by other laws.
d) Definitions of and Restrictions on activities
Definition of charitable activities
The proclamation hints on the definition of charitable activities by providing
an open list of activities. Hence, in general, charitable organizations are expected
to involve in one or more of the purposes identified as charitable which
includes:a) The prevention or alleviation of relief of poverty or disaster,
b) The advancement of the economy and environmental protection or
improvement,
c) The advancement of animal welfare,
d) The advancement of education,
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e) The advancement of health or the saving of lives,
f) The advancement of the arts, culture, heritage or science,
g) The advancement of amateur sport and the welfare of the youth,
h) The relief of those in need by reason of age, disability, financial hardship or
other disadvantage,
i) The advancement of capacity building on the basis of the country’s long term
development directions,
However, it must be noted that the list of activities is not exhaustive as stated
under the proclamation itself as it leaves room for the Agency to prescribe other
purposes by directives (Article 14(2) (o).
Further, it must be highlighted that not all of the above listed activities are open
for all types of charities and societies. The proclamation has excluded some of the
activities from the domain of non-Ethiopian Charities and Societies (i.e.
Ethiopian Resident Charities and Societies, and Foreign Charities).
Charitable Activities Reserved to Ethiopian Charities and Societies
The following charitable activities are exclusively reserved to Ethiopia Charities
and Societies.
•
the advancement of human and democratic rights;
•
the promotion of the equality of nations, nationalities, peoples and that of
gender and religion;
•
the promotion of the rights of the disable and children’s rights;
•
the promotion of conflict resolution or reconciliation;
•
the promotion of the efficiency of the justice and law enforcement services.
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e) Supervisory Organs
The Proclamation mandated the following supervisory organs:
•
Ministry of Justice,
•
Charities and Societies Agency: a special organ established to
administer the registration, operation and dissolution of charities
and societies and accountable to Ministry of Justice,
•
Charity and Society Board: a Council established under the
Agency and consists of seven members nominated by the
government, two from the CSO,
•
Administrators: the line ministries/the relevant federal executive
organ having similar work with the specific charity or society
assigned by the minister.
III. Findings and Discussions
3.1 Major Areas of Concern for SCS and Partners
3.1.1 Working Methods
The four SCS working methods are knowledge dissemination and capacity
building, direct support, research and analysis, and advocacy and awareness
raising. Under this section the possible implications of the legislation is analyzed
in relation to each working method.
Knowledge dissemination and Capacity building: SCS employs this method to
build the capacity of children and staff of partners in Child Rights Programming,
child
participation,
non-discrimination
and
international
and
regional
instruments for promotion and protection of children’s rights in the country. As
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can be safely deducted from the components of this working method, the
knowledge and capacity building embodies elements of child rights promotion.
This suggests that SCS can no longer employ this working method unaffected by
the new legislation. SCS can uphold this method so long as it complements with
the long term development program of the country as welcomed by the
proclamation (Art 14(2)(i)). Hence, SCS can engage itself in building the technical
capacity of the community, partner NGOs, local CSOs and government
stakeholders involved in the implementation of projects with in the permissible
category. This can be done through knowledge and skill transfer, better access to
information and, awareness raising and attitude change. SCS can also build the
financial capacity of government actors that may facilitate the realization of
children’s rights upon fulfillment of their basic needs that fall in with in the
thematic priorities of SCS. It is also possible for SCS to build the financial
capacity of Ethiopian resident charities and societies on common interventions
and similarly that of Ethiopian charities and societies for their activities which
are not prohibited for foreign institutions and with in the maximum limited
amount. Here it must be noted that even though CRP, child participation, nondiscrimination and other child rights components can not form the core contents
of this method, they can still be mainstreamed in project implementations as
added values.
Direct Support
This method aims at directly involving children to be part of SCS and partners
activities focusing on capacity building on child rights, and international,
regional and national monitoring mechanisms. Engaging children on child rights
focused activities is one aspect of advocating for their rights. For the same reason
discussed above, this working method also ,as the way its designed, directly falls
in promotion of the rights of children. And thus, by virtue of Art 14(5) of the
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proclamation, bearing the foreign nature of SCS it may no longer be practicable
to maintain the method without any adjustment. However, SCS can adjust its
direct support strategy to its thematic areas of education and protection so that
children may have part in the projects in the different stages of designing,
planning, implementation and monitoring and evaluation. This means ,the
direct support strategy may no longer be fashioned in a rights based approach by
promoting ‘children’s rights to participation’; it may however ensure that
children are voiced in all projects through other mechanisms that are not right
based s. The direct support approach can be geared towards providing direct
services involving children in line with the prioritized areas. Services in the
education, health, livelihood and food security, labor and other social sectors as
well as emergency interventions should be extensively designed in line with the
government’s sectoral development policies, programmes and strategies. Such
direct support interventions for the betterment of children’s socio economic
development should be integrated with broader scope throughout the thematic
priority areas.
Research and Analysis: - The other working method employed by SCS is
carrying out research activities to gain knowledge concerning the situation of
children’s rights in the country and will be used for learning by disseminating
outputs among different SCS offices, SC Alliance and civil society partners.
Though research activities are not explicitly prohibited for foreign Charities,
since the purpose of research and analysis as provided in the child rights TPP is
to inform the civil society partners and ultimately substantiate advocacy , it
should be handled with due care. It means bearing in mind that advocacy work
on areas such as human and democratic rights, conflict resolution, efficiency of
the justice and law enforcement sector, gender equality, rights of children and
people with disability is clearly prohibited for foreign charities, engagement in
any researches or policy analysis with the aim of advocacy on the prohibited
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activities may not be tolerated. Thus, SCS can uphold its research and analysis as
a working method so long as is restricted to issues falling with in the permissible
category. This also means, research and analysis on its thematic programmes on
education and protection as redesigned in line with the legislation (not crafted
from rights perspective) can be tenable. SCS can also still conduct relevant
researches and policy analysis on any issues of concern for an in-house
consumption.
Advocacy and awareness raising: SCS and local partners implement advocacy to
influence attitudes and perceptions in society as well as economic and political
decision making. The planned activities under the child rights TPP include
advocacy
to be conducted on government periodic reporting on child rights
implementation to relevant international bodies.
As advocacy on the rights of children and the rights of the disabled is clearly
reserved only for Ethiopian Charities and Societies, SCS strategy to implement
advocacy to influence attitudes at society and policy level and also lobby for
adoption of relevant international instruments, reporting on the implementation
of human rights and child rights should be withdrawn. Any advocacy strategy
focusing on voicing the rights of children, influencing for the enactment or
revision of laws and policies, awareness raising activities such as training law
enforcement organs on the rights of children, public awareness through
workshops ,publications, media, promoting rights of children, the rights of
children with disabilities may no longer be viable.
3.1.2 Priority areas and thematic programmes
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The two SCS thematic priorities are children’s right to education and children’s
right to protection. The third priority is the Civil Society for the right of the child
which is intended to promote the rights of the child and to build the capacity of
CSOs to advocate for children’s rights and facilitate the goals and objectives
under the two thematic priorities.
Considering the changing regulatory environment, this section will examine how
these thematic priorities and, the goals and objectives therein stand and also
discuss the alternative scenarios.
 Protection of Children
One of the thematic priorities under which SCS impacts children in Ethiopia is
the Child protection programme with two programme components ,the national
child protection system and child protection in emergency.
National Child Protection System
The National Child Protection System one of the thematic programmes in the
priority area involves setting up child protection systems at community, regional
and national levels in order to prevent and respond appropriately to
abuse/violence against children. The goal for the thematic program as indicated
in the strategic plan document is to achieve the establishment of integrated
national child protection mechanisms that effectively protect children from
violence, abuse and neglect.
In the past decade, SCS with other Save the Children members and other local
partners has been working with the criminal justice system to ensure children's
rights are respected. This is evidenced by the "Child Protection Units" made up
15
of specially trained police and social workers operating in police stations in
several cities of Ethiopia. Similarly, SCS has been working with the judiciary to
establish child-friendly courts where children's cases will be tried by speciallytrained judges and in an appropriate environment for children. In addition, it has
assessed the laws and tries to advocate for change whenever necessary and
ensure proper implementation.
In this strategic period (2009-2012) SCS, through its local partners, is also
engaged in raising the awareness of children on their rights to protection,
lobbying for the revision of laws on PHP and juvenile justice, special measures
for the integration of vulnerable children in child protection structures and
coordination among civil societies and community.
The content and objectives of this thematic program understood in the context of
the law, surely fall under the restricted activities as they form part of promoting
children’s rights with is exclusively reserved for local NGOs. Especially the
activities aiming at raising awareness of children on their rights, lobbying for
change of laws, demanding for special measures overlap with the restrictions.
As a result of Art 14 (l) of the proclamation that prohibits foreign charities from
working on the rights of children, SCS will have a challenge to continue
implementing the child protection programme in part as it is related to the
advancement of child rights.
The protection programme will be tenable in view of the law only if it’s
redefined to providing service for children in need of protection with a utilitarian
approach. The proclamation, indeed, allows foreign charities to engage in
advancement of health and the saving of lives, the relief of those in need by
reason of age, disability, financial hardship or other disadvantage and other
16
purposes concerning children as may be prescribed by the agency .(Art 14
(e)(h)(o)). Hence, it can strategically design projects ensuring that the special
protection rights of children under difficult circumstances are addressed in child
protection structures and services. In this regard, capacity building efforts should
be encouraged, few that can be mentioned as examples are those focusing on
skills of communicating with and counseling such children, knowledge transfer
concerning the nature of such children’s vulnerability, the magnitude of their
problem and the service they need.
SCS, recognizing that children are the most vulnerable segments of the society
can still advance its protection programme in a non –rights approach gearing it
to focus on the needs behind the rights. Hence, it needs to shape its intervention
in child protection in terms of advancing children’s health, addressing the
specific needs of disadvantaged children, OVCs, CWD, girls, abandoned or
neglected children, children who are victim of abuse or violence, children in
conflict with the law, children deprived of their liberty etc. It is also possible to
provide direct service with the view to advance the protection of victim children
by providing them psychological, medical and social services In this regard, SCS
can still continue to collaborate with the government stakeholders particularly
the police, courts, prisons, juvenile correction centers and also with local CSOs,
CBOs, community based correction and rehabilitation programmes, schools etc.
Child Protection in Emergency
The other thematic programme under child protection is protection in
emergency. Save the Children Sweden has been working with the defense forces
focusing on training the military on child protection and child rights that
recorded tremendous achievements. With the view to the interventions and
responses in a systematized and coordinated manner a sustainable capacity
17
building support coupled with establishment of a child protection unit with in
the structures of the Ethiopian Ministry of Defense was set out as the core
objective of the program.
The emergency programme may not be challenges as long as it is still limited to
addressing the emergency situation of children with direct support and build the
capacity of partner organizations and the responsible state actors to enable them
address the situation. Art 14 (2) (a) of the proclamation indicates that
interventions toward the prevention or alleviation or relief of disaster are
welcomed notwithstanding of the form of the charity or society, hence creates a
good groun for SCS to advance its emergency response.
Working with partners on child protection requires that they redefine their
protection programmes in terms of service delivery instead of promoting rights.
The partner CSOs working on protection that were contacted during the
assessment, particularly FSCE,ANPPCAN, Zemasafe are engaged in revising
their working strategies and projects on protection so as to align them with the
current legal framework. The government stakeholders, in particular the CPU
Police and the A.A Remand Home have also great expectations to work with SCS
and other NGOS to provide children with services ensuring their protection.
 Children’s Right to Education
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The education system in Ethiopia is reported to be characterized by inadequate
and low professional capacity. It also evidenced significant gap in educational
provision within the country. The SCS is working towards fulfilling the right of
all children to education by creating access to education for children through
supporting basic education programs in the country in various ways. It is
building the capacity of the government and other stakeholders to improve the
quality of education.
Under Article 14(2) (e) of the Charities and Societies proclamation, Foreign
Charities are allowed to be engaged in the advancement of education. However,
since foreign charities are prohibited to engage in promotion of rights, it would
be practically difficult for SCS to frame its approach from the rights perspective
or from the right based principle.
The first three objectives under access to education program; that significant
numbers of disadvantaged children have accessed primary education, free and
compulsory education is enhanced, active participation of children to enhance
free education is increased; show no risk of contravening the requirements of the
legislation. The fourth objective, however, that states CSO partners in Ethiopia
have enhanced their capacities to mobilize communities and advocate for access
to free and compulsory education should be handled carefully. Mere community
mobilization and advocacy activity emphasizing on the impact of the service in
the socio economic development of children and the community at large may not
entail any risk. It should be ensured that it does not overlap with advocating for
and promoting rights of children to education.
SCS by attaining these objectives aims to address the issue of free education for
all, particularly for disadvantaged children which is compatible with the
country’s long term development programme (the PASDED) and the MDGs.
19
When we come to quality education, SCS’s endeavors to address the evidenced
gaps in quality of education in the country can also be said to be in line with the
country’s development progerammes. As the identified gaps and areas of
intervention evolve on low quality of teachers, drop out and retention rate of
students, student teacher ratios, safe school environment, and a quick visit to the
five objectives in the TP substantiates the development oriented elements.
Without engaging in advocating for the rights of children to education, the
program can simply focus in addressing their pressing needs and further
influencing relevant stakeholders on the need for such service in the education
sector in line with the sectoral strategies, policies and programs of the PASDEP.
The safe school environment component of the TP complements with
advancement of health and saving lives as provided under Art. 14(2)(e) and also
relief of those in need due to disability or other disadvantage 14 (2) (h).
Hence, it can be safely concluded that SCS may continue its endeavor towards
advancing access to education and quality of education to facilitate the socio
economic development in the country. Thus, with respect to the education
programme there is no risk of revisiting the whole programme content and its
objectives, except that elements of rights based approach should be diverted to
focus on the needs behind the rights.
In this regard, it can work with government partners mainly with MOE and
other foreign as well as local NGOs. At this point, it is worth mentioning that the
assessment disclosed that MOE education values the intervention of NGOs
including SCS and look forward to continue working together for meaningful
impact on children’s lives. The findings of the assessment also reveal that partner
NGOs working in this area advocate for the rights and work in a rights based
manner. However, it must be noted that all the local partners working on
20
education revealed their decision to register as Ethiopian resident charities and
will no longer work in the same approach, thus, there is no risk of losing their
full partnership.
 A Civil Society for the Rights of the Child and Human Rights
The third thematic priority is a Civil Society for the Rights of the Child and
Human Rights. SCS based on the envisaged gap in Civil Society Organizations in
Ethiopia that they rarely implement their work using a child rights based approach,
has been engaged in raising the capacity of partner CSO and encourage state
accountability in promoting and safeguarding children’s right.
The Child Rights thematic programme aims at empowering children to exercise
their rights as citizens to hold duty bearers accountable for the realization of the
rights of the child. A list of the objectives to be achieved therein includes the
achievement of educated and empowered children to claim their rights and
report on violations, harmonized domestic laws with the CRC, ACRWC and
other human right instruments ratified by Ethiopia, enhanced
government
capacity to implement, monitor and report on the international instruments
ratified by Ethiopia , well aware duty bearers and stakeholders on the rights of
children with disabilities, their special needs and potentials , capacitated partners
on child rights and competent to actively take part in National Civil Society
Networks to promote and monitor the implementation of the rights of the child.
A simple look at the name, content, objective and goal of the programme
suggests that it undoubtedly falls under the restricted activities. As a result, the
child rights programme should no longer form part of the SP as an independent
21
programme unless otherwise SCS manages to work under a special agreement at
government level. However, the element of the programme specially
participation and non discrimination can be integrated as values in the other
programmes and mainstreaming CRP can also be maintained in the internal
operations of SCS and partners.
3.3 Specific Projects with partners
 Promotion, Monitoring and Reporting of the Rights of the Child
provided by International and Regional Instruments
This specific project aims at promoting and implementing the rights of the child
as stipulated in international and national instruments. This project is also
aiming at creating a platform for children to participate in promoting their rights
and protecting themselves from violence through child rights clubs and children
parliaments. Further, the project is expected to consolidate the efforts of child
rights promotion in Addis Ababa and Oromiya with special focus on creation of
child friendly environment for all children.
This project is implemented by SCS partner NGO named Association for
Nationwide Action for the Prevention of and Protection against Child Abuse and
Neglect (ANPPCAN-Ethiopia Chapter) with technical assistance and capacity
building support from SCS.
This specific project clearly deals with the restricted domain under the
Proclamation Art 14(2)(l) . The assessment revealed that the identified partner,
ANPPCAN ,itself has decided to register as an Ethiopian resident which in effect
22
entails its withdrawal from implementing projects of such nature that involve
promoting the rights of children in any way.
 The Rights of Children with Disability
This project is for the awareness rising of parents, community and concerned
government offices on the rights of children with disability and to advocate for
adoption and implementation of policy on the rights of children with disability,
and for ratification and implementation of the Convention on the Rights of
People with Disabilities. It also aims to enhance the participation of children with
disability in all areas concerning them. The project implemented by SCS’s local
partner NGOs (Handicap National Action for Children with Disability) with the
technical assistance and capacity building support from SCS.
As the proclamation clearly stipulates that the promotion of the rights of peoples
with disability is reserved only for Ethiopian charities or Societies, SCS can not
run this project as it’s intended. Hence any financial or technical assistance or
capacity building for promoting such rights will fall under the restricted
activities. An intervention in the area needs to be adjusted in terms of an act of
charity for disabled children in line with the proclamation Art. 14(2) (h). Even the
identified partner to run the project may not implement it unless registered as an
Ethiopian Charity or society. It must be, however, noted that direct support on a
need based approach is welcomed by the legislation irrespective of the type of
the organization.
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3.1.4 Administrative operations
Apart from programme related issues one other area of concern for SCS and its
local partners is the implication of the legislation in their administrative
operation. The legislation subjects all civil society groups to strict government
control and inspection bestowing the Charities and Societies Agency (CSA) with
extensive discretionary powers. The CSA has broad powers to refuse to accord
legal recognition to NGOs, to disband legally recognized NGOs, to interfere in
the management and staffing of NGOs and to monitor all activities and to audit
accounts of every NGO covered under the law.
 Administrative requirements
The legislation prescribes several administrative requirements the noncompliance of which would be accompanied by administrative sanctions in
serious cases criminal liability both against the organization and the staff. The
major administrative requirements are summarized as follows:
Accounts:
the proclamation obliges officers of a charity or society to keep
accounting records that show the day to day transactions of the organization
/Article 77/. Not only keeping records but as stipulated under Art.83, they have
to notify the Agency about all their bank accounts with necessary particulars
annually or any time upon request. Further, statement of accounts must be
prepared in accordance with acceptable standards and submitted to the Agency
annually. Such statements should also be kept for at least five years as is required
by Article 78/3/. A charity or Society shall also undertake annual examination of
its accounts by a certified auditor or an internal auditor or by an auditor
designated by the agency. From the reading of the provisions, it can easily be
understood that the law burdens charities and societies with strict administrative
procedures.
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Reporting- charities and societies must furnish the Agency an annual activity
report on their major activities and other relevant information concerning the
organization. Such report needs always be attached to statement of accounts and
submitted within three months from the end of financial year or with in any
period upon the request of the Agency /Article 80/.
Administrative Cost: The other implication of the legislation on administrative
operation is the allocation of administrative and operational cost. Art 88 of the
proclamation stipulates as a mandatory requirement that in a budget year, only a
maximum of 30% of the expenses of any charity or society shall be allotted to
administrative activities and a minimum of 70% for its operational cost. Such
requirement does not have flexibility notwithstanding the nature of the
organization or the type of projects and failure to observe such requirement
would entail criminal liability that is punishable with fine against the
organization and against the officer.
Administrative cost as is defined by Article 2(14) constitutes those costs incurred
for emoluments, allowances, benefits, goods and services, traveling and
entertainments necessary for the administrative activities of a charity or society.
It means only 30% of the organization’s annual budget shall be allotted for all
such purposes. The definition of administrative cost, however, begs a question
whether it is limited to administrative staff or includes salaries of program staffs.
Many argue that expenses incurred in relation to administrative activities should
be separated from programme costs, and only those activities that are purely
administrative shall be charged from administrative cost. However, if interpreted
otherwise, it would be very difficult for SCS and partners to cope with the limit
without affecting the quality of their programme implementation. This
ambiguity is expected to be clarified by the regulation that will be enacted by the
Council of Ministers.
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 Penalties
The legislation is characterized by imposing stiff criminal penalties for violation
of administrative requirements. As provided under Art 102 of the proclamation,
any Charity or Society or any officer of the same who violates the provision of
the legislation will be criminally liable under the Ethiopian Criminal code. In
particular , non-compliance with the provisions that require the duty to keep
book of accounts, submission of annual statements of accounts; preservation
such records and statements for at least five years; notification of bank accounts;
the 30% maximum administrative cost would entail criminal liability against the
organizations and their officers. The liability mainly involves pecuniary
punishment both against the officer or the organization; it may also involve
imprisonment of officers and suspension or cancellation of license of the
organization.
The management should therefore exert due diligence to observe the
abovementioned
mandatory
administrative
requirements
to
avoid
administrative and criminal liability against SCS and its officers.
 Lack of Judicial Review
One major bearing that the legislation levies upon non-Ethiopian charities and
societies is the denial of the right to appeal to court against the decision of the
administrative organ, while Ethiopian charities and societies are entitled to such
right. By virtue of Art 104(3) SCS and its non-Ethiopian local partners lack any
judicial recourse to take their case on appeal to a court of law on any decision
made against it by the administrative bodies. This means, administrative
decision made over matters of registration, cancellation of license, confiscation of
property, removal or assignment of officers etc. may not be subject to judicial
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review which in effect leaves SCS and its non-Ethiopian partners with the risk of
their licence being cancelled or their property confiscated without any judicial
recourse.
3.2 Implications on Working Relations
 Non - government Organizations
Foreign charities, including the save group and others, apart from those who
may enter in a bilateral agreement at government level; and Ethiopian resident
charities will have the same limitation on activities that are already discussed.
Thus, they are facing the same challenge in revisiting strategies, core programs,
projects and even visions and missions when appears necessary.
The assessment revealed that the majority of SCS’s partners NGOs are
registering as Ethiopian resident charity as a result of which they are forced to
revise their visions and missions, strategies, core programs, projects. This can be
seen as advantage since their working relationship with SCS will not be
interrupted so long as they adapt their common plans of action with the new
legal environment. However, as it appears, not all of them have clear
understanding of the implication of the law and some have not even came up
with their adaptation strategic plan.
There is still a fertile ground for SCS to reinforce its partnership with Ethiopian
resident charities and societies and CBOs for technical and financial collaboration
on implementation of its projects that fall within the permitted domain both for
SCS and Ethiopian resident charities and societies. Hence, it is possible to pursue
joint projects on protection such as facilitate or provide children psycho social ,
medical and other relevant services to advance their protection etc. and those on
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education such as, building schools, building the capacity of teachers, curriculum
development, Alternative Basic Education, etc,
Partnering with Ethiopian charities and societies, on the other hand, is not
prohibited at face value but due to the restricted activities for foreign charities
and restriction on the amount of foreign fund for Ethiopian charities, any
possible collaboration will be very much limited. SCS can not continue
collaborating with them for the implementation of activities focusing on the
advancement of child rights or human rights in general or any other activity
which fall within the prohibited acts for foreign charities. Although, Ethiopian
Charities and Societies are at liberty to secure 10% of their annual budget from
foreign sources, the dilemma here is that funding may amount to engagement in
activities prohibited for Foreign Charities, thus, SCS-E may not be able to grant
even the smallest budget in such occasions. The other constraint is, even in areas
that are permissible for foreign charities, Ethiopian Charities and Societies can
only take very limited financial support. However, in this regard they can still
benefit from other capacity building efforts like trainings, knowledge
dissemination, and research outputs funded by SCS.
 Government Stakeholders
The legislation has bearing not only on relationships with partner NGOs but also
with that of government stakeholders. It appears that it may not continue its
collaboration on child rights focused programmes of the government. Especially
concerning the justice sector, Art 14(3) of the proclamation provides that the
promotion of the efficiency of the justice and law enforcement services is also
exclusively reserved for Ethiopian Charities and societies. This, in effect, will
limit the relationship of SCS with the police, the judiciary, and other government
organ playing relevant role in the justice sector.
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SCS may consider entering in to a bilateral agreement with the government of
Ethiopia in order to avoid the application of the proclamation, in which case it
will have the liberty to continue its advocacy work with the government on
policy and legal reform, establishment of child friendly systems, voicing
violations of child rights. In such cases, funding child rights focused activities of
the government will also be highly welcomed.
With the view to adapt with the legislation, to advance its development
intervention SCS may pursue collaboration with key development actors with in
the government at all levels. Partnership in different sectors at regional and
federal level can be explored to collaborate with. Networking with professional
training institutions like police colleges, judges’ and prosecutors’ training
centers, academic and research institutions are highly relevant to integrate
research and capacity building activities with in the legal limit.
3.3 Impact on the lives of Children
It is evidenced that the interventions of SCS and partners focused on child rights
promotion programs and highly advocating for the participation of children.
Such interventions gave Ethiopian children the opportunity to develop their
knowledge on their rights and build their capacity to claim their rights from duty
bearers. The programmes also facilitated their association and meaningful
participation in child rights clubs and child parliaments which in effect created
forums for them to express their views, demand their rights and also push for
policy/law reforms.
Nonetheless, these programs face the risk of not continuing in the same way they
used to be implemented. As discussed earlier, as result of the new legal frame
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work, the leading child rights focused CSOs are registering as non –Ethiopian
and thus, withdraw from child rights promotion. This situation will have
unwanted bearing on the ongoing developments achieved in children’s rights
and children’s lives.
Highlighted by one child discussant in the FGDs
‘’The support of SCS and ANPPCAN and other NGOs empowered us with
knowledge of our rights and awareness to claim them from duty bearers. We have
been able to voice children’s views on matters concerning us. The great deal of
technical and material support came from the NGOs, and the governments support
was minimal in this respect. Hence, if our partner NGOs are not going to support
us in promoting our rights, all the promising practices we have set up will be
interrupted .’’
The very few Ethiopian charities will also face the challenge of raising their funds
locally. Given the realities that exist in the country where the economic
development is minimal, and the culture of donation to charitable purposes is
non existent, raising their fund will be very challenging .Thus, they may not be
able to engage in promoting the rights of children to the level of the need and
also collaborate technically and financially with children’s association for the
same purpose.There is also limited capacity, experience and expertise within the
government which hampers the full implementation of the rights of children
enshrined in the international instruments. Not only poverty but lack of
knowledge also impedes the realization of children's rights in the country where
most duty bearers are not fully aware of their obligations to respect and promote
the rights of children. In this regard, it is the civil society has been active in the
past years and playing a leading role to impact children’s lives through the
realization of their rights.
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In Ethiopia still most children's rights are not respected nor are children aware
that they are entitled to rights. There is no developed culture where children
can participate and their views be given value. Despite the fact that child rights
are still a relatively new concept in the country and much intervention effort is
needed in the area, the law is committed to limiting significant civil society
efforts on non-rights issues.
A girl child who is a member of both the child rights club and child parliament
has also stated that ‘‘many of us became properly aware of our rights and
exercised our right to participation through the child parliaments and the child
rights clubs which are strengthened by the support of NGOs, now the law is
negatively affecting us by discouraging our leading partners’’
The law seems to prefer the contribution of non Ethiopian charities and societies
on the deliverable type of programs than advocacy. Such interventions may
address the community’s immediate needs; however, they run the risk of
overlooking the empowerment of the community to demand them as rights. In
addition, the cost of service based programming might appear burdensome and
difficult to attain sustainability.
IV. Conclusions and Recommendations
Conclusions
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As SCS is not established under Ethiopian law, as a result of SCS’s categorization
among foreign charities, SCS will be prevented from engaging itself in those
activities which are exclusively given to Ethiopian Charities. These activities
include the advancement of human and democratic rights; the promotion of
equality of nations, nationalities and peoples and that of gender and religion; the
promotion of the rights of the disabled and children’s rights, the promotion of
conflict resolution or reconciliation; the promotion of the justice and law
enforcement services. As a result, it appears to be challenging for SCS-E to
continue as a child rights advocacy organization and implement its child rights
based working methods, priority programmes and specific projects focusing on
child rights just as the way it used to be.
Yet, some opportunity can still be explored under which SCS may maintain some
of its strategies and priority areas with some adjustments in order to comply
with the current legal environment. SCS may need to revise its working methods
and continue its priority areas on child protection and education by shifting from
rights based approach to a utilitarian approach focusing on development. In
other words, SCS is allowed to maintain its education programmes focusing on
quality and access as the legislation allows foreign charities and societies to
engage in the advancement of education; it can also maintain its protection
programmes in the framework of advancement of health and the saving of lives,
ensuring the welfare of the youth, helping the needy or the disadvantaged,
prevention or relief of disaster as indicated under the proclamation. Apart from
the existing programs, it’s possible for SCS to stretch forth to similar
interventions with in the domain of the law that are meaningful to children’s
lives. However, all such interventions can not be framed in the context of
promoting child rights or human rights in general.
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Otherwise, SCS can also pursue to operate in Ethiopia with a special
arrangement under with the government which in effect will lift away the
jurisdiction of the proclamation. In this case, all the limitations with activities will
no more be a concern in the operation of SCS though the details will depend on
the conditions and terms to be agreed with.
Not only SCS but its local partners that are registered as Ethiopian Residents will
also be prevented from engaging in the above mentioned prohibited charitable
activities and hence, they will not also be able to pursue their child rights based
programmes and strategies. This implies that such partners may continue their
working relationship with SCS but will not work on child rights. The ones that
may continue as Ethiopian charities will have the freedom to engage in any of
the activities but their working relation with SCS will be limited on the activities
permissible for SCS and only with in their 10% limit for foreign fund, if at all
they pursue common area of intervention. On the other scenario, as they have to
raise 90% of their fund locally, even if SCS will work on a bilateral agreement
they can not take fund from it in excess of 10% of their total budget. But one can
be hopeful that there may still be rooms for bilateral agreements to facilitate
reaching the local CSOs through the government but only if such terms are
acceptable by the government.
SCS’s and its local partners relationship with the government will also be
affected when it comes to working in the context of rights especially in the
current situation where government offices are not clear on how they may
pursue to work on child rights with NGOs. But still it’s possible to collaborate on
the fulfillment of children’s needs in a non –rights based framework.
As it appears currently, many of the active NGOs are falling under the restricted
category, which disrupts their vast interventions focusing children’s rights. The
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few that fall under the safe category will on the other hand face limited financial
capacity to continue rights based activities. This, in result, negatively impacts
children’s lives by minimizing CSOs efforts for the empowerment of children to
claim their rights, to participate and be heard.
The proclamation also affects the administrative operation of SCS and its
partners by burdening the management with administrative requirements
entailing criminal liability.
Recommendations
The restrictions imposed on foreign charities under the proclamation necessitates
to strategically come up with coping mechanisms .Based on the analysis made in
the previous sections, some major points are indicated with the view to hint on
future directions to continue serving the interest of children with out
contravening the legal framework.
Reform
It is recommended that SCS-E should consider reforming its core strategies and
key priority areas to bring them in line with the new Charities and Societies law.
It should change the focus of its child education and child protection
programmes from child rights framework to socio economic development of
children. It’s also suggested that it discard the civil society and child rights
programme area as it directly overlaps with the restriction under the law.It also
move towards reshaping its key approaches on capacity building, advocacy,
research and direct support in a non –rights based framework. It should also
limit the CRP and CP framework only in its internal program development.
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Identifying activities
To strategically revise its thematic areas to sort out activities those fall within the
permitted sphere of the legislation and its visions and missions.
SCS may also need to look into key potential strategically preparedness to
support the countries development programs. It’s strongly recommended that
SCS engage in further analysis of secotral policies, strategies, and programs of
the PASDEP to strategically sort out relevant areas of intervention that
complement the country’s development goals.
It’s further suggested that, focusing on the pressing issues of children behind
rights; SCS should engage itself in identifying and formulating needs-based
thematic areas concerning children.
Further discussions
In order to have clear view in future operation, SCS need to stretch for
discussions with relevant bodies at different levels. Some suggested measures in
this regard include:

Consultation with the government organs and find out how the
government would want to work with SCS

Consultation with the Charities and Societies Agency to clarify
government relationship as well as other relevant issues that
remained uncertain.

discussion with local partners after re-registration based on their
revised programmes, strategies, visions, missions with the view to
define the future relationship
35

discussion with Save the Children Alliance members to harmonize
the unified presence with in the current legal environment

discussion with relevant international organizations to share
experiences and devise joint strategic interventions
Partnership
SCS should pursue partnership with relevant governmental, bilateral and
multilateral agencies. It should proactively expand its partnership with the
government to provide technical as well as financial support especially with
those sectors actively involved in reaching out at community level. It’s suggested
to design a mechanism that enables SCS to extensively work with regional
governments to reach the grass root level
It should also strengthen its partnership and networking both with Ethiopian
and Ethiopian resident charities and societies designing common non-rights
based interventions and targets on children’s lives within the permitted scope.
It’s further suggested that SCS should employ a participatory method to share
and consult with local partners the possible ways to strategically develop
sustainable partnership. This sort of meeting could alter uncertainty about SCS
future direction and uncover the partner’s agenda. Above all, it facilitates better
opportunity for cross-fertilizing different alternatives and strategies in sustaining
partnership along with shared values and goals.
It is also highly recommended that SCS design an effective networking system to
collaborate with CBOs in implementing community based projects. SCS should
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identify strong CBOs and consider expanding capacity building programs to
empower them own child focused projects.
Administrative Precautions
Considering the imposition of serious civil and criminal liability in the occasions
of violation of the administrative requirements under the proclamation, it is thus,
recommended that SCS should exert due diligence in observance of the
requirements. It should ensure the management and the entire staff are properly
aware of he implications of the legislation upon their day to day activities.
Bilateral agreement with government
The other alternative suggested for SCS to pursue is considering working in a
bilateral agreement basis. According to Art 3(2) the proclamation does not apply
on international or foreign organizations operating in Ethiopia by virtue of an
agreement with the government. In this case, the operation will be governed by
the terms and conditions agreed with the government and, it is possible to work
on rights issues but SCS may not be wholly accepted with all the mandates, the
SP and the TPPs. The advantage is that it will enable collaboration with
Ethiopian charities and societies that work on children’s rights but it must be
born in mind that they may not secure more than 10% of their funds from foreign
source.
Thus, SCS must find other partners; in this case the only ones without any
limitation would be government actors. Hence, SCS can extensively work with
the police, the judiciary, the parliament, MOJ, MOWA and other relevant
government offices that work on children’s rights. Its also possible to work with
Ethiopian Human Rights Commission/EHRC/ and the Institute of the
37
Ombudsman which can freely work with local CSOs and one of their focus is
also to support CSOs/CBOs in their activism on rights issues.
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