29. Regarding Article 56(5) of the Charter on exhaustion of local remedies, the
Complainants refer to the steps taken at domestic level as stated at paragraphs 8 – 11
above, and contend that all local remedies available in the Respondent State were
exhausted as there is no further forum to refer the complaint to.
30. In light of the foregoing submissions, the Complainants request that this
Communication should be admitted for consideration on the merits.
The Respondent State’s observations
31. The Respondent State avers that the CSO Proclamation and related regulations
were promulgated to govern societies and charities, replacing the regime under the
1960 Civil Code of Ethiopia. The latter law had become incompatible with the
developments in the sector. Among others factors, civil society organisations operated
unchecked and there was public outcry about massive financial mismanagement which
meant that funds collected by these organisations were not being applied for the
amelioration of the intended beneficiaries. There was also a need to enhance and
regulate the roles of Non-Governmental Organisations and other Civil Society Actors in
the development and governance of the Ethiopian peoples. The new legal framework
ensures citizen’s realisation of freedom of association as enshrined in its Constitution. It
also ensures that civil society organisations operate in a transparent and accountable
manner so that the work of these organisations and the resources they collect truly
benefit the peoples of Ethiopia.
32. Regarding admissibility, the Respondent State submits that the Communication
does not comply with Article 56(5) of the Charter. It states that adequate and effective
remedies are available within its legal system and the Complainants have not exhausted
such remedies. In terms of the law, the rights alleged to have been violated are
guaranteed in its laws including the Constitution. It states that the Charter and other
international human rights instruments which it has ratified are part of its domestic law
by virtue of Article 9(4) of its Constitution.3
33. Further, the Respondent State affirms that under its constitutional arrangement,
courts of law have no power to interpret the Constitution. Instead, it is the House of
Federation that is vested with the judicial power to interpret the Constitution. The
House of Federation is assisted in its judicial mandate by a Council of Constitutional
Section 9(4) of the Constitution of the Federal Democratic Republic of Ethiopia provides that “all
international agreements ratified by Ethiopia are an integral part of the law of the land.”
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