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Monitoring, Control, and Investigation of Civil Society Organization (Directive No. 1002/2024)

Authority for Civil Society Organizations1002/2024

Summary

This directive outlines the procedures for the monitoring, control, and investigation of Civil Society Organizations (CSOs) in Ethiopia. It establishes the scope of application, defines key terms, and details the principles, processes, and powers related to monitoring and investigation. The directive aims to ensure CSOs operate in accordance with the law and their registered objectives, promoting transparency and accountability, and safeguarding public benefit. It also specifies the administrative actions that can be taken against CSOs found to be in violation of laws and regulations.

Who's affected

Civil Society Organizations operating in Ethiopia.

Action required

Civil Society Organizations must familiarize themselves with the monitoring, control, and investigation procedures outlined in this directive and ensure compliance with all legal requirements.

Key points

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  • This directive governs the monitoring, control, and investigation of Civil Society Organizations (CSOs).
  • It defines key terms such as 'monitoring and control', 'investigation', and 'field monitoring and control'.
  • The directive outlines the principles of monitoring and control, emphasizing consistency and fairness.
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    • It specifies the conditions and grounds for conducting investigations into CSOs.
    • Detailed procedures for conducting investigations, including timelines and precautions, are provided.
    • The directive outlines the powers of the Authority, including the ability to suspend activities and take administrative actions against CSOs.
    • CSOs are obligated to cooperate with investigations and provide necessary information.
    • Ethical conduct for investigators is stipulated.
    • Provisions for reporting, appeals, and the right to be heard are included.
    • The directive aims to ensure CSOs operate legally and ethically, thereby protecting public interest.

Requirements

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  • CSOs must operate according to their registered objectives and the law.
  • CSOs must cooperate with monitoring and investigation activities by providing necessary documents and explanations.
  • Organizations must have adequate internal control and financial/purchasing systems.
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    • Organizations must have systems to identify and resolve legal violations.
    • Organizations must ensure transparency and credibility in selecting beneficiaries.
    • Organizations must follow procedures that ensure donor funds comply with law and tax systems.
    • Investigators must adhere to ethical guidelines and legal procedures.
    • Organizations must be given the right to be heard before any action is taken.
    • CSOs must provide necessary cooperation for investigations.
    • Organizations must provide original documents or copies, parts of documents, information, or clarifications when requested in writing.
    • Organizations must be reimbursed for reasonable expenses incurred during cooperation, unless found guilty.
    • Original documents must be returned to the organization after the investigation is completed.
    • Any organization found guilty must return expenses incurred to the authority.

Rights and permissions

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  • Organizations have the right to be heard before any action is taken against them.
  • Organizations have the right to appeal decisions made by the authority.
  • Investigators have the right to access necessary documents, information, and clarifications.
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    • Investigators have the right to conduct investigations, including field investigations.
    • The authority has the right to suspend an organization's activities or transactions under certain conditions.
    • The authority has the right to extend suspension orders.
    • Organizations have the right to appeal suspension decisions to the Board and subsequently to the Federal High Court.
    • The authority has the right to amend the directive.
    • The authority has the right to investigate organizations based on suggestions or information obtained.
    • The authority has the right to take administrative measures against organizations found in violation of laws.

Restrictions

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  • Monitoring and control activities should be limited to the extent necessary to investigate potential violations.
  • Monitoring and control should not negatively impact the day-to-day activities of the organization being monitored.
  • Investigations must be completed within a maximum of 30 working days unless authorized otherwise.
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    • If an investigation is not completed within the time limit, it should be terminated.
    • Investigators must not disclose information obtained during investigations except as legally required.
    • Investigators must not allow undue influence to distort their professional decisions.
    • Investigations should not endanger the organization's day-to-day activities or existence.
    • Field investigations must be conducted during the organization's working hours.
    • Suspension of an organization's activities is limited to a maximum of three months.
    • Any transaction payment or disbursement of funds suspected to be related to the investigation can be suspended.
    • Property held by or on behalf of the organization, or bank accounts, cannot be transferred or moved without the authority's permission.
    • Management or employees directly suspected of involvement in the investigation may be suspended.
    • Decisions on suspension must be in writing and clearly state the specifics of the ban and its duration.
    • The authority must maintain confidentiality of information received during investigations, except for that which is used for the investigation.
    • Investigators must respect the right to privacy of investigated individuals.

Penalties

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  • If the violation is minor, the Director-General will issue a written warning and require correction within a specified period.
  • If corrections are not made or the violation is serious, a strict warning will be issued.
  • If operations are not corrected after a strict warning, the organization may be suspended.
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    • If corrective actions are not taken within three months of suspension, the organization may be dissolved by the Board's decision.
    • The organization must return expenses incurred to the authority if found guilty in an investigation.

Objectives

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  • To ensure that organizations carry out their work in accordance with the law and the purpose of their establishment by conducting investigations.
  • To help organizations correct their mistakes and achieve greater success and provide effective and sustainable services.
  • Ensuring the greater benefit of the society by enabling the organizations to be transparent and accountable.
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    • To conduct investigations when illegal or deviationist acts are found within any organization and take corrective action.
    • To enable organizations to develop a transparent and accountable operating system by making control, monitoring, and investigation consistent and predictable.

Organizations

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  • Authority for Civil Society Organizations
  • Federal Ministry of Justice

Legal references

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  • Proclamation No. 1113/2011 of Civil Society Organizations
  • Article 5, Sub-article (2) of the Proclamation
  • Article 6, Sub-article (2) of the Proclamation
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    • Article 77, Sub-article (1) of the Proclamation
    • Article 77, Sub-article (2) of the Proclamation
    • Article 89, Sub-paragraph (2) of the Decree
    • Article 77 of the Proclamation
    • Article 78 of the Proclamation
    • Article 77, Sub-article (4) of the Proclamation
    • Article 77, Sub-article (5) of the Proclamation
    • Article 78, Sub-article (5) of the Proclamation
Original sourcehttps://justice.gov.et/en/directives/on-monitoring-control-and-investigation-of-civil-society-organizations-directive-no-1002-2016/
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