the power to freeze assets is within the ambit of Article 6(1) (l) of the CSO Proclamation which vests the Agency with the power to “carry out such other activities necessary for the attainment of its objectives.” 10. The first Complainant appealed to the Federal High Court against the Board’s decision. The appeal challenged the Board’s factual findings and interpretation of various provisions of the relevant law and regulations. The Federal High Court found that there was no error of law and consequently upheld the decision of the Board. Among others, the Court held that the first Complainant could not transfer the funds collected from foreign sources to its new status as re-registered because in terms of Article 18(2) of the Council of Ministers Regulations a foreign or Ethiopian Resident charity that converts to an Ethiopian charity or society shall not transfer the assets that are from foreign sources to the converted charity or society. The Court also held that the CSO Agency properly invoked and used the power to freeze assets because the first Complainant had contravened the law. 11. The first Complainant lodged a further appealed to the Cassation Bench of the Federal Supreme Court against the decision of the Federal High Court. On 19 October 2012 the Cassation Bench of the Federal Supreme Court upheld the decision of the Federal High Court. 12. The Complainants aver that several provisions of the CSO Proclamation contravene the Charter. Among others, Article 88(1) of the CSO Proclamation provides that organisations working on seven rights-based themes cannot receive more than 10% of their funding from international sources. Further, 70% of the annual budget must be allocated to program activities, and 30% for administrative costs. By Article 98(1), all domestic fundraising activities must be permitted by the CSO Agency. Article 77(3) prohibits anonymous donations and requires information clearly identifying all benefactors of charities and societies, members’ details and donors, to be submitted to the Government. The CSO Agency has broad discretionary powers to interfere in the organisational and administrative affairs of charities and societies. For example, under Article 85 of the CSO Proclamation it can enter premises of any charity or society without a court warrant to search the property, take away original documents and interrogate employees. The CSO Agency can also take all necessary measures for purposes of attaining its objectives. The Complainants cite several other provisions of 3|Page

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