High Court follows precedent in case against Charities
Agency
The Ethiopian Women Lawyers' Association's (EWLA) request to
the Federal High Court Eleventh Civil Bench to release 8.6 million Br that is
being blocked by the Ethiopian Charities & Societies Agency (ECSA) Board
was denied on October 28, 2011.
The case was brought to court on April 18, 2011, by Zenaye
Tadesse, director of the association and a lawyer, appealing the decision of
the board, which was established in 2009 to license, register, and supervise
charities and societies.
The appeal came following the confiscation of monies that
the association had raised during the grace period given for societies and
charities to reregister according to the Charities and Societies Proclamation
of 2009. The law dictates that those registered as local nongovernmental
organisations (NGOs), after the one-year grace period given since the passing
of the law, must raise 90pc of their capital from local sources. Only those who
are registered as such can work in rights advocacy.
It was the money raised during the grace period, before the
EWLA was registered as a local NGO that had led the board to block its account
in December 2010. The association had raised 12 million Br during that time
from international sources. Out of the money blocked, only 1.5 million Br was
released to EWLA to be used for its yearly budget.
The remaining 8.6 million Br in the blocked account was to
be used to purchase a house to be used as an office, argued the association
established by a group of female lawyers in 1995. The board blocked the account
due to the amount being larger than the 10pc limit, Bezuayeneh G. Egziabehare,
lawyer of the agency, claimed in response to the appeal.
The association's request to have the money returned to the
donors if it was not to be released was rejected by the board. However, some
amount of the money will be released to constitute 10pc of their budget, based
on what EWLA raises from local sources, the board stated.
However, the appeal should not be heard at the court, as the
15-day period of limitation to do so after the board had made its decision has
passed, the agency argued.
The presiding judge at the High Court, Aseffa Aberah,
discounted this. The appeal was filed on the 11th day of the decision within
the appropriate limitations, he said. The blocking of the account was legal,
according to the proclamation, the judge also ruled.
This decision came three days after a similar decision
against another local NGO. The same court gave a similar ruling against the
Human Rights Council (HRC) upholding the ruling of the board, which has blocked
eight million Birr of the council.
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