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Directive on Avoiding Conflict of Interest (Directive No. 939/2022)

Authority for Civil Society Organizations938/2022

Summary

This directive, No. 938/2022, issued by the Authority for Civil Society Organizations, provides detailed procedures for the registration and administration of local civil society organizations in Ethiopia. It outlines definitions of various organization types, scope of application, registration requirements, documents to be submitted, board membership eligibility, terms of office, grounds for dismissal, self-regulation principles, proper use of funds, replacement of trustees, service quality standards, and the authentication and registration of organizational bylaws. The directive aims to ensure transparency, accountability, and efficient service delivery in the registration and management of civil society organizations.

Who's affected

Local civil society organizations, including charitable endowments, charitable trusts, charity committees, board-led organizations, and associations operating in Ethiopia.

Action required

Organizations must ensure their registration documents and bylaws comply with the requirements outlined in Directive No. 938/2022 and submit them to the Authority for Civil Society Organizations.

Key points

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  • This directive provides detailed procedures for the registration and administration of local civil society organizations.
  • It defines various types of civil society organizations, including endowments, trusts, committees, board-led organizations, and associations.
  • Specific documents and criteria are required for registration, varying by organization type.
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    • The directive outlines requirements for board membership, terms of office, and grounds for dismissal.
    • It emphasizes self-regulation, proper use of funds, and the importance of transparency and accountability.
    • The authentication and registration of organizational bylaws are detailed, with specific requirements and prohibitions for authentication officers.
    • The directive aims to streamline and standardize the process of establishing and managing civil society organizations in Ethiopia.

Requirements

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  • Organizations must register with the Authority and obtain a registration certificate.
  • Registration applications must be submitted using the Authority's prescribed forms.
  • Specific documents, including founding minutes, bylaws, identity documents, and educational/experience profiles, must be submitted for registration.
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    • Bylaws must comply with the Proclamation and relevant directives.
    • Board members must meet eligibility criteria.
    • Organizations must establish and operate internal control systems.
    • Organizations must abide by the code of conduct issued by the Council.
    • Charitable endowments must have a minimum asset value of ETB 500,000.
    • Charitable trusts must have a minimum asset value of ETB 200,000.
    • Organizations must open bank accounts and adhere to regulations regarding their operation.
    • Funds collected must be deposited in a designated bank account and used for charitable purposes.

Rights and permissions

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  • Organizations have the right to be registered upon meeting the requirements.
  • Applicants have the right to be heard before a registration request is rejected.
  • Applicants whose registration is rejected have the right to submit a complaint to the Board within 30 days.
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    • Board members have the right to re-election, subject to certain limitations.
    • Trustees have the right to manage the property of the charitable trust as per regulations.
    • Organizations have the right to provide services outside the regular workplace with proper authorization.

Restrictions

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  • Foreign organizations and professional associations are excluded from the scope of this directive.
  • Individuals with specific relationships to business leaders are ineligible for board membership.
  • Board members cannot be elected more than two consecutive times.
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    • A trustee cannot delegate duties to another person or trustee.
    • A trustee cannot spend the organization's property for personal use or unrelated matters.
    • A trustee cannot purchase organization property for themselves or a third party.
    • A trustee cannot carry out organizational work alone without consulting other trustees.
    • Charity funds must be deposited in a designated bank account before the organization starts operations.
    • Organizations cannot open and use bank accounts operated by only one individual.
    • Certain individuals are prohibited from authenticating bylaws if they have a direct or indirect relationship with the document or organization.

Penalties

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  • Organizations registered with fraudulent documents may face corrective actions from the Authority.
  • If a trustee acts improperly, they may be removed from their position.
  • False information provided during the authentication of bylaws may lead to the report of the matter to law enforcement.

Objectives

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  • To provide detailed procedures for the registration and administration of local civil society organizations.
  • To ensure transparency and accountability in the operations of civil society organizations.
  • To facilitate efficient service delivery in the registration and management processes.
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    • To establish a consistent and sustainable system for civil society organizations.
    • To encourage and support the establishment and operation of civil society organizations.

Organizations

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  • Authority for Civil Society Organizations
  • Council of Ministers
  • Federal Ministry of Justice
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    • Police
    • Prosecutor

Legal references

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  • Civil Society Organizations Proclamation No. 1113/2019, Article 6(1)
  • Civil Society Organizations Proclamation No. 1113/2019, Article 57(1)
  • Civil Society Organizations Proclamation No. 1113/2019, Article 89(2)
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    • Civil Society Organizations Proclamation No. 1113/2019, Article 51(3)
    • Civil Society Organizations Proclamation No. 1113/2019, Article 4
    • Proclamation No. 1263/2022
    • Civil Society Organizations Proclamation No. 1113/2019, Article 85
    • Civil Society Organizations Proclamation No. 1113/2019, Article 22
    • Civil Society Organizations Proclamation No. 1113/2019, Article 23
    • Civil Society Organizations Proclamation No. 1113/2019, Article 58(1)
    • Civil Society Organizations Proclamation No. 1113/2019, Article 59(1)
    • Civil Society Organizations Proclamation No. 1113/2019, Article 59(5)
    • Civil Society Organizations Proclamation No. 1113/2019, Article 75(1)
    • Civil Society Organizations Proclamation No. 1113/2019, Article 60
    • Civil Society Organizations Proclamation No. 1113/2019, Article 65
    • Civil Society Organizations Proclamation No. 1113/2019, Article 22(4)
    • Council of Ministers Regulation No. 514/2022
Original sourcehttps://justice.gov.et/en/directives/directive-on-avoiding-conflict-of-interest-directive-no-939-2022/
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