Restrictions to the Free Exercise of Freedom of Association in Ethiopia

Kelali K. Negesse

University of Gondar School of Law

The freedom of association is one of the human rights recognized under the 1995 Federal Democratic Republic of Ethiopia Constitution. In practice, the enjoyment of the right is subject to various restrictions and limitations. This post explores the historical background, and the challenges of registration of foreign associations and political parties to show how regulatory constraints can adversely affect the free exercise of the right in Ethiopia. 

The Context and Historical Background  

The Ethiopian Constitution, in its preamble, puts group rights at the forefront of every other right by maintaining the fact that the nation, nationalities, and peoples of the country are the makers and guardians of the Constitution. This is unlike in many other nation states where the people are perceived to be the custodians of the Constitution. The difference emanates from the fact that ethnic rivalry is the defining factor of state formation in Ethiopia, and the quest for self-determination was a prime factor in the constitution-making process, among other things.     

Although Ethiopia is one of the oldest countries in Africa, if not in the world, freedom of association was recognized for the first time in the 1955 Revised Constitution while the country was under Imperial Administration. The Constitution under Article 47 recognized “…the freedom to form or join occupation associations, in accordance with the law”. It also guaranteed freedom of speech, the press, and assembly throughout the Empire, as per Articles 41 and 45 respectively. The end of the Imperial Administration in 1974 by a military coup gave rise to the creation of a Marxist-Leninist socialist government. During this era, any form of association, except with the prior permission of the government, was forbidden by brutal force.

An almost two-decade-long bloody civil war in the northern parts of the country brought about the collapse of military rule and the secession of Eritrea from Ethiopia through a process of external self-determination. A short period of Transitional Administration led to the creation of the Federal Democratic Republic of Ethiopia Constitution in 1995. The Constitution prompted a major shift in the structure of the government by establishing a federal arrangement and multiparty democracy in the country. 

The Current Legal Landscape

The Federal Democratic Republic of Ethiopia Constitution, pursuant to Article 31, recognizes that "every person has the freedom of association for any cause or purpose". Similarly, Article 42(1a) protects the right of employees working for private and government institutions to form trade unions and other associations. Moreover, Article 27 recognizes freedom of association for religious purposes. Article 13 of the Constitution provides that the fundamental rights and freedoms specified in the Constitution are to be interpreted in a manner “conforming to the principles of the Universal Declaration of Human Rights, International Covenants on Human Rights, and international instruments adopted by Ethiopia”. This provision provides sufficient room for the protection of freedom of association in a manner that conforms to international practice.

The Constitution organizes fundamental rights and freedoms into two categories: as human rights and democratic rights. Freedom of association is one of the rights under the category of democratic rights. In policy debates, the government has historically contended that the exercise of democratic rights is primarily reserved for citizens, not for foreigners. This line of understanding was visible in the preamble of the repealed Charities and Societies Proclamation which provided that the major rationale for the protection of freedom of association was to ensure “…the realization of citizens’ right to association”. Thus, it followed, foreign entities were understood as not being entitled to enjoy freedom of association unless the law permits them.

There is now a new Civil Societies Proclamation, enacted in 2019. In the preamble, the rationales for its enactment are the promotion of the instrumental role of freedom of association in the full exercise of other rights recognized in the Constitution and ensuring the existence of an active and freely organized society. In this regard, the goals for the protection of freedom of association are to serve as an instrument for the advancement of other rights and to allow people to organize themselves for other purposes.

Unlike the current legislation, the repealed law prohibited foreign societies from working on issues such as the advancement of human and democratic rights, the promotion of the rights of persons with disabilities and children, or on issues such as gender, religion, and the promotion of the efficiency of the justice and law enforcement services. The main reason for restraining foreign societies from engaging in human rights advocacy activities stemmed from the original conviction – noted above – that the enjoyment of the right is reserved to citizens and the government is at liberty to deny the exercise of the right to foreigners when necessary. Alongside the fact that the approach to freedom of association for foreign societies has changed, the rationale for protection of the right is also not uniform.

Bureaucratic Restrictions to the Exercise of the Right

The preservation of organizational autonomy is one of the pillars of freedom of association. The right recognizes self-government, and it protects associations from intrusive regulation by the state. In Ethiopia, applicable legislation provides that an association is entitled to self-regulation and self-administration of its internal affairs, in principle. The government is required by law to provide the necessary support to associations to enable them to have systems of internal governance and self-regulation that ensure transparency and accountability. In this regard, an association is free to engage in any lawful activity, operate in any part of the country or abroad, implement project activities on its own, collaborate with other associations, etc.

In contrast to organizational autonomy, the law permits the government to undertake strict follow-up of the activities of associations in a manner that undermines their identity. Among the intrusive bureaucratic measures undertaken by the government are regular surveillance of the annual activity and financial reports of the associations, registration of the number of beneficiaries and members of the association, and provision of policy guidance to ensure that the activities undertaken by the association are aligned with the priority areas determined by the government. In addition, the government has an unfettered right to suspend and cancel the registration of associations for non-compliance with these bureaucratic measures. The Political Parties Registration Proclamation, for instance, empowers the Electoral Board to cancel the registration of political parties if the party fails to submit its annual performance or audit report, or if it forms an opinion that there is any contravention of the law.  

In Ethiopia, the government is always cautious that its security might be at stake if it allows associations to work without any supervision. However, a provision that gives unchecked power to the government can be counterproductive to the development of thriving associations. In some cases, once an association has had its registration cancelled, it may not be able to regain its status as a registered association. A good example of where this occurred is the case of the Tigray People's Liberation Front (TPLF), a ruling party that led a coalition of three other parties. A split among the leadership of the coalition led to a civil war with the Federal government. After a bloody two-year war, the government and the TPLF resolved their differences through a permanent ceasefire agreement signed in South Africa, Pretoria on 2 November 2022.

In March 2023, the House of Peoples’ Representatives removed the "terrorist" designation it imposed on the TPLF back in May 2021.  The TPLF requested the Electoral Board of Ethiopia to restore its registration because the war had ended with the ceasefire agreement. In a letter signed by the Board Chairperson, the Board said that even though the armed violence that was the reason for the Board's original deregistration decision no longer exists, there is no legal provision that permits the restoration of legal personality to the party. The Political Parties Registration and Electoral Ethics proclamation was amended on 4 June 2024 to allow the TPLF to re-register. However, the original request by the TPLF was not re-registration as a new political party but restoration of the existing registration. Thus, the amended proclamation fails to resolve the existing registration crisis. 

The decision of the Board not to restore the TPLF’s registration has the potential to derail the peace process that was achieved after repeated international pressure exerted by concerned parties. Instead of denying restoration of registration due to a perceived or actual lacuna in the law, the Board could have interpreted the law to support the peace initiative rolling in the country. It is also not compatible with the Constitution and international norms to excessively interfere with the free exercise of freedom of association. The registration of associations, being a bureaucratic activity, should not be the principal factor in terminating the life of an association. In this regard, the government, instead of obstructing the exercise of the right, should play the role of a facilitator in its proper enjoyment.

The exercise of freedom of association in Ethiopia is subject to enormous restrictions which are incompatible with a democratic society. In order to accelerate the value of the freedom in creating a vibrant and free society, the government should revisit its laws to eliminate the cumbersome bureaucratic restrictions associated with it. 

Kelali K. Negesse was formerly a Lecturer at the University of Gondar School of Law.

Suggested citation: Kelali K. Negesse, ‘Restrictions to the Free Exercise of Freedom of Association in Ethiopia’ IACL-AIDC Blog (3 September 2024) Restrictions to the Free Exercise of Freedom of Association in Ethiopia — IACL-IADC Blog (blog-iacl-aidc.org)