Feleke Mekbeb
Out of the things that can assure ‘Rule of law’ is upheld in a country, most law experts agree that, a rule which endorses transparency and accountability plays the lion share. This is because it’s impossible to think about ‘rule of law’ in a situation where there are no rules.
On the other hand, in a situation where ‘rule of law’ don’t reign, it’s impossible to think about long-lasting peace, sustainable development and building a democratic order. Understanding this reality and the effect ‘Rule of law’ has on the survival of the democratic order of the country; the FDRE government has enacted many bills (provisions) by proposing, deliberating and then passing them as laws.
One of those bills is the ‘Charities and Societies Proclamation’ law. Despite this specific law’s assistance in formally structuring Charities, Societies and the NGOs activities, in strengthening the spirit of transparency and accountability, in facilitating the effective contributions of NGOs to the socio-economic development of the country and its help in stopping rent-seeking behavior from its roots; it’s the one law which has met with fierce protest and smear campaign, compared to the country’s other laws.
Although the smear campaign against this law; headed by non-governmental organizations whose self-interests are harmed and their Diaspora backers (fans), is waged through the international Mainstream Medias, it can’t be said that they have got enough attention.
This smear campaign orchestrated to propagate that there are no developmental works being done and violations of human and democratic rights takes place in the country; it hasn’t been successful for the proponents of this campaign in getting their objective across to a wide audience.
So, this propaganda; disseminated to ink the Ethiopian developmental government’s image, wasn’t able to stop or change the provision (law). It didn’t have the strength to weaken or win against the country’s fat moving development train stirred by the government and the people.
Our developmental government image is not tarnished in front of the world as these forces hoped (longed) for; it also didn’t stop its developmental and good governance aspirations. In fact the government’s developmental direction (thinking) is garnering a huge attention to a point where it’s being used as a benchmark in the international arena.
It’s obvious that when some self-serving forces; who don’t believe in the ‘rule of law’, are asked to operate within the law or when their self-interest is harmed; they react with waging smear campaign (against the protagonist).
Be that as it may, I think this smear (defamation) campaign waged against the ‘Charities and Societies Proclamation’ law has reached to new heights. And I believe it’s vital (appropriate) to probe into the hidden agenda masked behind these futile shouts and howling.
As it’s known there were some forces who tried to impose their own political interests forcefully on the Ethiopian government, at a time where it started to build a democratic order, thriving development and long lasting peace (in the country).
These (neo-liberal extremist) forces didn’t hide their disappointment with the answer of our developmental and democratic government – as they didn’t stop voicing their opposition.
As the saying ‘Be who you should be’ entails, our government understanding the benefits of having a model which adjusts for realities on the ground is a path to development and growth, choose to build a politico-economic order which is based on our country’s conditions, (instead of following these country’s model). This choice of the government has made these forces very angry and disappointed.
Even though virtually there was not a time where these neo-liberal proponents stopped from condemning and belittling our government’s developmental directions (policies); that emanates from their innate belief that their can’t be any development outside of their thinking, it would not be an exaggeration if I claim that there isn’t a law or provision which made them angry and fumed like this ‘Charities and Societies Proclamation law’.
It should be noted here that the core belief of neo-liberal thinking, is ‘any government should not interfere in the economy; there won’t be any development to be realized if it do so’. Based on this wrong assumption of theirs, they have been voicing their opposition (discontent) of the new ‘Charities and Societies Proclamation law’, since its first proposal.
One of the reasons for their opposition of this law obviously has to do with these forces rent–seeking tendencies. I think it can be argued by providing facts and analysis that neo-liberal proponents primarily use non-governmental organizations and societies to realize their rent-seeking tendencies.
We have seen more than a few local NGOs and societies working as liaisons and contacts for these neo-liberal extremist forces in broad day light. As the saying ‘Brother in arms’ suggests and considering this law formally structures charities, societies and Non-governmental organizations operating in the country and it prevents rent–seeking inclinations from its roots; it’s not surprising that the neo-liberal forces are standing up for their local reps and liaisons.
As we all can understand having a rule that can entail transparency and accountability on charities, societies and Non-governmental organizations is like taking a miraculous medicine; guarantees rapid and sustainable development, while fighting rent – seeking inclinations. However, it’s naïve to think it will have any acceptance among any force who don’t want to see (any kind of) development or growth in the country.
All in all, as the execution of this law sped the funeral of neo-liberal extremist’s rent-seeking inclinations and interests on one side, while strengthen the developmental and democratic order under construction on the other; it’s inevitable that it will face an existential fight (from the rent-seeking forces).
As its known, following the lack of strong law that can guide local Non-governmental organizations and societies; the (financial) aid and support was used to fatten the pockets of these neo-liberal forces instead of being used in realizing the organization’s intended or planned objectives.
In addition to this, the money gained under the pretext of fighting against poverty and backwardness; end up not only benefitting very few, but it also tarnished (eroded) the citizens’ right in deciding on their own country’s fate by creating an opening for foreign neo-liberal forces to meddle in internal matters.
It’s impossible to build an assured democratic order in a situation where one is beneficial, while the other is disfranchised; similarly, a cast-iron democracy cannot be realized without sustainable development. And in order to have a sustainable development, there needs to be a rule which can root out rent–seeking behavior from its source.
With regards to this, we can safely say that the provision will prevent the rent – seeking out look in which neo-liberal extremists are displaying under the rug of NGO and societies and also have a helpful role with relation to strengthening the democratic-developmentalism (path) our country is following.
The ‘Charities and Societies Proclamation’ law not only stops rent-seeking behavior, but it will also guarantee citizens’ constitutional right to association. This implicates the importance of the provision (law) in guaranteeing citizens’ right to decide on their country’s fate by increasing their involvement in their country’s rapid economic growth.
In addition to this, the new NGO and civic organization law has a huge importance in guaranteeing citizen’s right to organization by clearly stipulating the right to organization and nationality; and right to organization and source of funding.
As its known human rights are inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. These rights are exercised and shared as equal by all regardless of their citizenship. Conversely, political rights are rights given to people based on their citizenship, and ensure his/her involvement in its country’s political sphere.
Thus, the ‘Charities and Societies Proclamation’ not only clearly stipulates that organizing these kind of institutions is political right, it also creates a conducive environment for any Ethiopian who wants to get organized (as per the constitution) and have his/her own share of contribution in the country’s development. This is because for one, the law implicates that the right to organize NGOs and societies is reserved for Ethiopians and secondly, it plays a major role in securing Ethiopians right and interest by putting a boundary on non-Ethiopians activities related to this issue.
This provision (law) not only guaranteed citizens’ right to organization as enshrined in the constitution, but it also does it in a fair and balanced manner. On top of this, we will see that this law will benefit the public in strengthening and promoting their participation in their own country’s politico-economic fate, considering it guarantees them political right; right to organization.
Thus, considering the fact that the government formulated ‘Charities and Societies Proclamation’ is based on its developmental state thinking, the law’s ability to free the country’s politics from rent-seeking and undemocratic tendencies (inclinations), its aptitude to create a conducive environment for these institutions to contribute in the country’s rapid growth and its guarantee of citizen’s right to organization; can all point to the laws all-encompassing benefit.
On another level, the provision’s clear distinction between NGOs and societies will have a huge benefit in entailing transparency and accountability. As I have mentioned above, the provision clearly implies the right to establish and organize Non-Governmental organizations and societies is the citizenship right of any Ethiopian.
In addition to this the law has opened the opportunity for foreign-funded NGOs, or generally “foreign NGOs” to operate within the country. However, the law clearly stipulates that these organizations should operate only through the finance of Ethiopians and not foreigners.
The law also plainly states that there may be NGOs that can be funded by foreign citizens, but not (public) societies. With regards to this, we can safely say that, this provision has made a clear distinction between NGOs and (public) societies.
And since (public) societies are institutions organized by citizens for protecting and securing their rights and interest, it’s stipulated that this right is solely reserved for Ethiopian citizens only.
According to the law, these societies can get involved in political issues as long as they operate within the laws and rules of the country; and if they end up violating the law, there is a possibility that they can be banned by the government, in which time they have the right to present their compliant (if there’s any) to a court of law. Moreover, since societies are organized by Ethiopians, the provision clearly stipulates that 90% of their source of funding ought to be local, while the rest 10% have to be foreign funded.
It’s important here to note that the provision allows for foreign citizen or foreign-based organizations to organize NGOs in addition to Ethiopians. However, this same provision has distinguished sectors where Foreign NGOs can get involved; sectors that can help strengthen the country’s development.
It also has demarcated a boundary for them not to cross and meddle in the country’s political issues. Although foreign – organized NGOs source of fund is based on foreign aid and support; the laws prohibits them not to spend any more than 30% of their budget to administrative expenses and should they be found involved in unlawful activities, the law also stipulates that the government would ban them and they won’t have any right to appear before a court of law.
What we can understand from this is the fact that there can’t be any (public) societies organized by foreign citizens, outside of Ethiopian citizens. In addition to this, it’s easy to understand that this provision will enable to dry up rent seeking sources, as there will be no force to save foreign NGOs found meddling in the country’s political matters by going outside of the area (sector) in which their allowed to take part in.
Again this law not only root out rent-seeking tendencies from their source, but it also ensures the inclusivity of local or foreign run NGOs who can have a positive impact on our country’s development, while also guaranteeing citizens’ right to organization. And as far as I can understand, the constant howls we hear (to this day) from the anti-developmental camp; who are after benefitting themselves by going through an anti-developmental path, is cause by the awkward position this ideal law is putting them through. As I have tried to mention earlier in this article, following this new ‘Charities and Societies Proclamation’, there have been a huge smear campaign waged by local and foreign rent-seeking forces.
In the mean time, what the government did was have a numerous deliberation on the proposed bill with the (relevant) stake holder, whereby the bill went through some improvements and was finally approved by successfully passing it through the legislative branch.
In this entire episode, not once was the government seen reacting to the smear campaign – after all the Ethiopian government is only interested in working, not (just) talking. And I think this approach of the government has made these forces a little desperate .
Because, while the government was busy having numerous meeting with the public concerning the provision, the rent–seekers where on their part throwing away ludicrous arguments (or anything rather) to save their pockets from being empty.
One of the arguments these rent-seekers raised as concerns with source of funding; they claim the source of the organizations funds shouldn’t influence the character of the organization. On top of this, they have been arguing that (public) societies can’t be widely organized and strengthened without foreign financial aid and support.
But, I believe this issue should be looked at from the point of view of the constitution. The FDRE constitution clearly stipulates that right to organization falls under political rights. And this implies that it should be organized and supervised by citizens (without any outside influence).
It’s clear that a specific organization based on foreign financial aid and support, will inevitably be a dependent organization where it will be taken care of when it fulfills its financial backer’s self interest, and gets flak at a time where it can’t advance their wishes.
On top of this, it inescapably will do anything to fulfill the wishes of its financial masters and stay afloat. In this case, even if the organizations leader is an Ethiopian, his/her hands will be forced by the foreign forces with regards to deciding in the country’s internal matters, and eventually make it a vehicle for securing their interests. And this will not benefit in facilitating the country’s rapid development in anyway, except for it to be a tool for widening the neo-liberal rent-seeking network.
In addition to this, the rent-seeking camps “argue” by downplaying the idea that foreign NGOs should not interfere in our country’s internal political matters. These forces use two thinking for their argument.
The first is, they claim that anyone who stands for human rights should have the chance to fight for it in any country; while the second has to do with the belief that charity work and human right protection (advocacy) cannot be separated – they’re both inter-related.
But, both arguments are no more than tedious bickering. I believe, as anyone don’t have the right to live anywhere he/she wants unlawfully, the right to choose and to be chosen solely rests on that person’s eligibility – like citizenship.
So, flaunting an ‘I have to interfere on others affair’ thinking (attitude), not only is incredibly ridiculous but also doesn’t correspond to our world’s reality. And I think it’s obvious for everyone the absurdity of claiming that political rights is not only the right of the citizens’ of the state (in discussion), but also the right of I – know – for – you-crazed foreign interferers.
The other weak argument raised by the rent– seekers camp is ‘since the majority of societies will be weakened without foreign assistance, their financial source should be based on foreign support.
In another words what this incredible propaganda means is that, thinking about (public) societies without us is like what this idiom ‘Hope springs eternal (in the human breast)’ says.
Seeing this, I would like to ask from where those societies that are operating in our country came from? Or are (public) societies organized outside the influence of neo-liberals are considered as miracles?
However, the thing is both us and them know that this is pure propaganda spewed by them, in the hopes of widening the neo-liberal rent-seeking network in our country. So, we are not surprised.
All in all, as we have seen from historical instances, neo-liberal rent-seeking network mainly focuses on NGOs and (public) societies. We have seen also how (foreign-funded) organizations were used to advance their financial stake-holders (master) self-interest. From this, it’s easy to understand the fact that these organizations works to advance the rent-seekers interests, rather than their own objectives and visions.
And their “arguments”; which is both unsound and weak, cannot be anything other than an attempt to realize their hidden objective. All in all, I believe the agenda’s whole charade can be exposed, considering our country’s realities on the ground.
As we all know there are many (public) societies in our country; some are women, youth … etc….These societies operate with ‘required donation’ of their respective members.
Thus, it’s obvious that their rent-seeking behavior is the drive behind their ‘(public) societies existence would not be guaranteed outside of Foreign aid and support’ “argument”, considering local societies are achieving their intended objectives and goals without expecting any foreign help (funding). And we should say to them Stop; ‘the jigs up’.
Generally, the FDRE government has been recording double-digit growth and benefitting the public step-by-step by employing developmental paths that can lead to rapid and sustainable development. And it’s obvious that it’s all down to the government’s fight not to take-in neo-liberal thinking and instead choosing to follow its own politico-economic thinking which took the country’s realities into account.
Thus, we can safely say that the ‘Charities and Societies Proclamation’ law has a huge importance in drying up rent-seeking tendencies; which is the biggest threat to our democratic order, and speeding-up the country’s development. Therefore, we all as citizens should do our best in engaging distorted outlooks when we see one with regards to this law, as we have a better understanding of the situation. Nobody can think for us-like us.