Tuesday, January 6, 2009

Crisis and Good Governance in the Horn in 2009

Dear Patriotic Global Citizens and Friends of Africa and the Horn:

Happy New Year and Blessed Genna or Lidet on January 07, 2009

As you look forward to the new year imagine the following possibilities:

Imagine a Hamas like activity in the Horn, or Hana Gobeze from Protugal under the guise of European Union covert activities all over again in Ethiopia or a Cuban Crisis from Iran and Israel in the Afar Danakil areas in the Horn in 2009?

Just imagine al the counter intelligence activities raging in the horn under the banner of human rights, and good governance; and try to scan an environment where magine a sitting duck governance waiting for a disaster to happen.

Try and imagine a new law regulating quasi government and non government operatives under the titles of this and that without border!

Stretch your imagination further and imagine where the Bottom Billion will be without any protection from the likes of Bernestien Maddoff, etc doing their rent seeking behavior on us!

Just imagine paying rent to the Mad Hoffs and Global Roberry Without Borders, etc, Just imagine the concern of UN to address this critical issues. Please read below for your information.

Dr B

no-reply@IRINnews. org]
Subject: ETHIOPIA: Do they know it's (il)legal?

ETHIOPIA: Do they know it's (il)legal?

DAKAR, 23 December 2008 (IRIN) - Is a proposed law to regulate charities in Ethiopia an attempt to regulate a sprawling sector and block foreign political interference or a clampdown on civil society?

A draft proclamation published and revised several times this year has been criticised by African and international rights groups. Ethiopian civil society groups allege some provisions are unconstitutional.

Critics argue the proposed rules, especially on foreign funding of
Ethiopian NGOs, will deliberately stifle local human rights groups critical of the government and could disrupt aid operations implemented by local groups.

The government disagrees. Meles Tilahun, a whip in parliament, told IRIN: "The law is needed to create a conducive environment for NGOs and CSOs [civil society organisations] and provide a separate legal framework for them. It does not mean to shut them down."

The government has, however, commented that the charity sector has been used by "political activists" who are working on "other
issues", not "catastrophes that required aid and assistance", according to a communiqué released in September 2008.

The law, the Proclamation for the Registration and Regulation of Charities and Societies, has been passed by Ethiopia's Council of Ministers but has not yet been presented to parliament, where pro-government MPs command an overwhelming majority. A hearing is expected on 24 and 25 December.

A donor official told IRIN: "There is currently no standard operating
procedure for CSOs to work in Ethiopia and having a common set of rules and regulations is a good thing."

But attempts to revise the law seem to be running out of time. "We've
been lobbying to get the bill changed before it is enacted but we've almost come to the end of the road," said the head of an international NGO in Addis Ababa, who asked not to be named.

The (draft) law

The law establishes an oversight agency, rules and supervision for the
establishment of trusts and endowments, societies and charities. Rules
governing fund-raising, membership and governance are detailed. Strong
powers to investigate and oversee CSOs and tough penalties are set out.

Most controversially, the law restricts activity in human and democratic
rights, gender or ethnic equality, conflict resolution, the strengthening of
judicial practices or law enforcement. Only Ethiopian charities or societies having no more than 10 percent of their spending from "foreign
sources" would be able to work in those areas.

However, several categories of organisation are exempted, according to a copy of the draft law http://www.crdaethi opia.org/ html/index. php
on the NGO consortium Christian Relief and Development Association
(CRDA) website:

"Religious organisations, international or foreign organisations
operating in Ethiopia by virtue of an agreement with the government of Federal Democratic Republic of Ethiopia; 'Edir', 'Ekub' [traditional
cooperative schemes] and other similar cultural or religious associations; and societies governed by other laws."

The impact on international NGOs with government agreements may therefore be limited.

Objections

In November, a CRDA task force welcomed the concept of a legal framework for CSOs, but set out a number of objections to the draft:

the definitions of charities and permitted activities;

the lack of a right to judicial review or appeal and the requirement that CSOs must have branches in five regions; "discriminatory selection and privileging of
mass-based organisations" ;

lack of recognition for self-regulation by the sector;

a 30 percent restriction on administrative costs;

too many board members nominated by the government;

charities not exempt from taxes and duty;

and requirement to register with the authorities within one year of
the bill taking effect.

The CRDA-sponsored report also argues that the foreign funding provisions restrict the participation of the Ethiopian diaspora and the constitutional freedom of assembly.

http://www.crdaethi opia.org/ Documents/ Comments% 20of%20the% 20CSO%20Task% 20for
ce% 0on%20the%20Fourth% 20Draft%20Legist lation.pdf

The CRDA commentary is only one of several critiques published by Ethiopian civil society, including prominent groups such as the Ethiopian Human Rights Council, which is frequently critical of the government and heavily dependent on foreign funding.

Reactions

The US-based Human Rights Watch (HRW) alleged the law represented "a complex web of arbitrary restrictions on the work civil society groups can engage in, onerous bureaucratic hurdles, draconian criminal penalties, and intrusive powers of surveillance" and urged parliament to reject the bill.

Amnesty International, the development committee of the European
Parliament, and the civil society lobby group CIVICUS, also criticised the law, as did the US government.

"I am not aware of an NGO law elsewhere that is more restrictive, "
said Chris Albim-Lackay, senior researcher in HRW's Africa division.


"It will render the activities of most international and local human
rights organisations Illegal."

However, despite reservations, many NGOs and donors agreed that regulation was needed.

But ultimately the law could end up weakening Ethiopian civil society, some argue.

"Everyone respects sovereignty.

But it depends what you define as national interest. We think it's healthy that people complain about the government and provoke citizens to complain because it leads to better outcomes for societies as a whole," the NGO representative said.

Other NGO laws

Ethiopia is not alone in coming under fire for its NGO law. In 2004,
Zimbabwe passed a law banning domestic groups working on human rights and governance from receiving foreign funding, including Zimbabweans abroad. The law set up a government oversight mechanism that the US Bureau of Public Affairs called "highly intrusive and subject to political
manipulation" .

Russia's 2006 NGO law means the government can decline to register
branches of foreign organisations where their "goals and objectives create a threat to the sovereignty, political independence, territorial integrity, national unity, unique character, cultural heritage and national interests of the Russian Federation".

And in the countries hosting western critics, there are restrictions too.
In the UK, foreign NGOs must register under one of six categories:

prevention or relief of poverty;

advancement of education, religion;

health or saving lives; citizenship and community development;

human rights;

conflict resolution or reconciliation, and can lobby for political or legal
change only if it would further one of these goals.

The Ethiopian government has mentioned US law in its defence.

In the USA, tax-exempt NGOs can lobby but "may not attempt to influence legislation as a substantial part of their activities and may not participate in any campaign activity for or against political candidates". However, "social welfare" tax-exempt organisations are not limited in this way.

Impact

Ethiopia receives more than US$1 billion of humanitarian and development
aid every year, and reports indicate some 3,300 NGOs operate around the country.

"A significant number of programmes under the new law could be
prohibited," a donor official told IRIN, referring to those focussing on strengthening the judicial system, conflict resolution, and democracy and governance.
"If the law is implemented in black and white, some non-profits might have no future," an NGO head told IRIN.

International NGOs are concerned about the status of local non-profits that play a major role in implementing projects (and might fall foul of the 10 percent rule) and the "rights-based" discourse and advocacy element in NGO work.

Some argue that over the past two decades NGO work has inevitably become more "political". Others have been reassured they will not have to leave or curtail their "classic humanitarian" operations and advocacy relating to food, health, education and water and sanitation.

"While regulation is needed, the law could have a 'chilling'
effect on aid operations in Ethiopia, by creating an atmosphere of fear, distrust and potentially weakening innovation. That is where the law is quite threatening, " a donor representative told IRIN.

Lobbying

Advocacy may have paid off in small ways.

There have been some improvements to the latest draft bill, issued in
December, according to Catherine Shea, programme director with the US Center for Not-for-Profit Law, with the punishment of a prison sentence dropped for unregistered NGOs.

However, employees of charities that fail to keep proper accounts, or whose administration costs exceed 30 percent of overall programming costs, can still be imprisoned.

One aid official said the restrictions followed apparent meddling by NGOs after the 2005 elections - the move is designed to ensure outsiders do not interfere in 2010 elections.

The government's September commentary pointedly objected to aid operations being used by "political actors... which can sway votes in national elections".

aj/cb/bp/mw[ END]

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www.eastafricaforum.net http://news.bbc.co.uk/2/hi/africa/7814145.stm BBC January 6, 2008Ethiopia imposes aid agency curbs The bill bans aid agencies from working on the rights of children

Ethiopia's parliament has passed a controversial bill imposing tight restrictions on aid agencies.

Foreign agencies are prohibited from a number of areas including human rights, equality, conflict resolution and the rights of children.

Local groups that receive more than 10% of their funding from abroad are also banned from working in these areas.

Under discussion for months, the bill has already been considerably modified amid objections from aid organisations.

Parliament approved the legislation on Tuesday - Orthodox Christmas Eve - by 327 votes to 79, according to the AFP news agency, before members headed home for the holiday.

The BBC's Elizabeth Blunt in Addis Ababa says at the heart of the bill and causing the most fuss is a clause aimed at preventing foreign interference in issues which the government believes should be a purely Ethiopian affair.


It's an attempt by the ruling party to banish all those it sees as a threat to its tight grip on power Temesgen Zewdie opposition MP

She says some of the organisations affected, like the Ethiopian Human Rights Council, could be seen as political and have long been a thorn in the government's flesh.

But, she adds, if the law is rigorously applied it could also catch much less controversial groups which are doing valuable work but would never be able to fund their activities from purely local sources.

The bill bans international non-governmental organisations (NGOs) from five sorts of activity:

• The advancement of human and democratic rights

• The promotion of equality between peoples, sexes or religions

• Campaigning for children's rights or the rights of the disabled

• Conflict resolution and reconciliation

• Work on criminal justice issues.

The bill's provisions imposing the same restrictions on Ethiopian NGOs which receive more than 10% of their funding from foreign sources will affect many agencies, according to our correspondent.

She says this is because a number of foreign donors prefer to channel their aid through the voluntary sector rather than giving it to the government.

A defence of the bill published by the ruling party described this attitude as a neo-liberalist concept which sees African governments as obstacles to development.

The government denies the bill is intended to restrict aid work.

"Civil organisations will be able to function without hindrances. They won't face restrictions as long as they respect the country's laws," government whip Hailemariam Desalegn said.

'Very difficult'

But opposition MP Temesgen Zewdie was quoted by AFP as telling MPs before the vote: "As far as we're concerned, it's an attempt by the ruling party to banish all those it sees as a threat to its tight grip on power."

Madhere Paulos director of the Ethiopian Women Lawyers' Association told the BBC that 99% of its funding to provide legal aid to women currently comes from abroad.

She said her members would continue to give up their time for free.

"But when we think about the premises, when we think about the court fees that we pay for our clients, the transportation, the medical fees for those who are victims of rape and sexual violence, it's very difficult to think of only using voluntary contributions."

The US government in particular has protested loudly to the Horn of Africa nation about the proposals, but to very little effect, says our correspondent.

Ethiopia is among the world's top aid recipients.

_________________________________________

http://www.google.com/hostednews/ap/article/ALeqM5g7OaI4_kjeHA-o4UhlmP7vlWmrrwD95HNEPO0

AP

January 6, 2009
UN proposes Green Zone-style base in Somalia
TOM MALITI

NAIROBI, Kenya — Three masked gunmen fatally shot a Somali aid worker Tuesday, as the U.N. envoy to Somalia said the United Nations should create a Baghdad-style Green Zone in the African country so he can base all his aid workers there.

The U.N. now keeps its international Somalia staff members in Kenya to shield them from the risk of attacks and kidnappings. In 2008, at least 13 aid workers were killed in Somalia, which has not had an effective government since 1991.

"It is very difficult to address (the) Somali situation from Nairobi (the Kenyan capital). I think it is even negative," the envoy, Ahmedou Ould-Abdallah, said during a news conference in Nairobi, Kenya. "We should have a Green Zone, if necessary, in Somalia."

Ould-Abdallah did not give a time frame for creating a fortified, walled-off area like the Green Zone in Iraq used by U.S.-led forces, but it would be costly and time-consuming.

Somalia is now at a dangerous crossroads. The president resigned in late December, saying he has lost most of the country to Islamic insurgents, and the Ethiopian troops who have been protecting the fragile, U.N.-backed government have begun pulling out, leaving a dangerous power vacuum. Islamic groups are starting to fight among themselves for power.

On Tuesday, three gunmen shot Ibrahim Hussein Duale, a 44-year-old Somali who was a school feeding monitor in the Gedo region of central Somalia, the U.N. World Food Program said. Duale leaves a wife and five children, the agency said in a statement.

Somalia has been beset by anarchy and an insurgency that has killed thousands of civilians and sent hundreds of thousands fleeing. Foreigners, journalists and humanitarian workers are frequently abducted for ransoms in the Horn of Africa nation, which the United States fears could become a haven for al-Qaida.

On Tuesday in the capital, Mogadishu, the spokesman for the small African Union peacekeeping force said an AU soldier was killed during a land-mine clearing operation.

The lawlessness also has allowed piracy to flourish off the coast. In northeastern Somalia, a regional security minister said France had handed over 19 Somali pirates to local authorities.

Ould-Abdallah said he hopes an upcoming parliamentary vote — expected in Somalia by Jan. 28 — to name a new president will not be corrupt like past votes that have been tainted by secret deals.

"Somalis have to work to expand their government, try to have a government of national unity and vote for a new president," Ould-Abdallah said.
__________________________________________________________ http://www.newvision.co.ug/D/8/13/666950?highlight&q=uganda%20troops%20in%20Somalia New Vision, Uganda January 4, 2009 Uganda to review Somalia deployment Sunday
A displaced Somali woman and her children arrive at Ealasha, south of Mogadishu


Steven Candia and Agencies

UGANDA is reconsidering the continued presence of her forces in Somalia following the pull-out of Ethiopian forces from the volatile country.

Foreign affairs state minister Okello Oryem yesterday said consultations were ongoing to assess the magnitude of the risk facing the UPDF soldiers serving on an African Union peace keeping mission.

�Our commanders and those of Burundi are in consultation with the AU to determine the amount of risk and if it is established that the level of risk is high, then a pull out is the most prudent thing,� Oryem said without specifying where the consultations were taking place.

There was no point, Oryem said, for the UPDF to remain on the peace keeping mission in light of the Ethiopian pull�-out when other countries that had pledged to contribute soldiers towards the mission were not honouring their pledges.

Only Uganda and Burundi have sent forces to Somalia, accounting for the 3,000 forces presently serving on the mission there.

Ghana, Nigeria, and South Africa had pledged to contribute forces towards that mission but have not met their pledges.

Okello said under the earlier arrangement, the UPDF was in-charge of the ports, Mogadishu Airport, the Presidential Palace, train and to provide the Somali forces with Intelligence.

�The Ethiopians were in-charge of Mogadishu town and the surrounding areas of the city. They would provide a buffer. If their (Ethiopians) pullout means the warlords are going to begin taking on our troops, we will just pull out,� he said.

Ethiopian forces invaded Somalia in late 2006 to help kick-out the hard-line regime of the Islamic Courts Union.

After two years of battling a bloody insurgency and watching the government it backed fall apart, Ethiopia decided to withdraw.

Trucks loaded with Ethiopian soldiers and their belongings began filing out of the capital Mogadishu on Friday.

Only ramshackle government forces and an undermanned African Union force of around 3,000 troops from Uganda and Burundi will stand between insurgent groups and complete control of Somalia once Ethiopia leaves.

The Ethiopian government, in a statement issued on Saturday, pledged not to leave a power vacuum when it completes its troop withdrawal from neighbouring Somalia in the coming days.

The statement said the heads of the African Union mission to Somalia (AMISOM), the military of the Transitional Federal Government and the Ethiopian Defence Forces in Mogadishu had already met in Addis Ababa to analyse the situation and work out plans to be carried out subsequently.

Analysts fear that the Ethiopian departure could worsen the conflict.

The insurgents are far from united and some are warning the insurgent groups could splinter and begin fighting, sending Somalia spiralling further into chaos.

As the Ethiopians pullout, clashes have intensified between a relatively new Islamist group, Ahlu Sunna Waljamaca, which has clashed with the strongest group, al-Shabaab, in recent days. Dozens died in the fighting.

There is, nonetheless, some optimism that the resignation of President Abdullahi Yusuf Ahmed last Monday and the departure of the Ethiopians could give fresh impetus to an ongoing UN-backed peace process and help create a government of national unity.

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