Ethiopia Country Profile

Public Anti-Corruption Initiatives

  • Legislation: In principle, the legislative framework in Ethiopia created against corruption is comprehensive and strong. The Federal Ethics and Anti-corruption Commission Establishment Proclamations No. 235/2001 and No. A33/2005 (Anti-Corruption Law) criminalise attempted corruption and extortion, while the Criminal Code 2004 criminalises active and passive bribery and money laundering. Furthermore, an amendment was made to the Anti-Corruption Law in 2001 which prohibits bail for anyone charged with corruption. However, enforcement of the laws is seen as greater problem and the judiciary is known to be politically influenced. Ethiopia has signed and ratified both the AU Convention on Preventing and Combating Corruption and the UN Convention against Corruption (UNCAC), which potentially can add pressure to the government to further strengthen its anti-corruption legislation. According to Transparency International 2009, however, no relevant legislation has been passed since the ratification of both conventions in 2007. For further information on legislation in Ethiopia, see the Lexadin World Law Guide.

  • Government Strategies: In 1998, Ethiopia became the first African country to pledge anti-corruption undertakings to the World Bank in order to get new loans approved. Thereafter, the initial steps of the Ethiopian Government's anti-corruption campaign focused on conducting surveys and research to identify the extent of the problem as well as the types of corruption to be addressed. Prior to the establishment of the Federal Ethics and Anti-corruption Commission (see below) in May 2001, the Government also focused on anti-corruption training of public officials and assessment of needs and problems. Since 2001, FEAC has headed the fight against corruption in Ethiopia. More recently, Ethiopia has been selected as one of 7 pilot countries for the Construction Sector Transparency Initiative (CoST). CoST is a voluntary multi-stakeholder initiative designed to be applicable to any country and to any government department or agency with responsibility for public-sector construction projects. The Ethiopian committee overseeing the implementation of CoST in the country consists of ten members from government, the construction industry and civil society. CoST aims at promoting the concepts of transparency and accountability in the construction sector and focuses specifically on public disclosure of information. The ultimate aim is to enhance the accountability of procuring bodies and construction companies for the cost and quality of public-sector construction projects.

  • Anti-Corruption Agencies: The Federal Ethics and Anti-corruption Commission (FEAC) was established in 2001 through the Establishment Proclamation of 2001 (revised in 2005) and has a threefold mandate to prevent, investigate and prosecute corruption in the public sector. It also has powers to investigate corruption in the private sector as long as the issue in question concerns public officials, such as public-private collusion. The FEAC reports to Parliament and is accountable to the Prime Minister. Several sources note that the FEAC has made achievements in its efforts to curb corruption. Transparency International's Global Corruption Report 2009, reports that it has grown in size and staff and has prosecuted some high-profile cases in recent years. In its 2007-2008 report to Parliament, the FEAC reports having received around 2,500 corruption complaints from the public, out of which almost 1,000 were within its own jurisdiction. In addition, it also runs a public education campaign and has adopted a multi-stakeholder approach, through which it increasingly cooperates with civil society organisations, such as Transparency International's Ethiopian chapter, Transparency Ethiopia. Nevertheless, sources also highlight the possibility that the ruling party is actually using the FEAC as a weapon against political opponents. Apart from evaluating its overall performance as 'weak', Global Integrity 2008 also reports that appointments to the FEAC are not based solely on professional criteria, and the institution is not considered completely independent of the executive.

  • Auditor General: The constitution of 1955 established the Office of the Auditor General as a separate, independent entity reporting directly to Parliament. Its auditing mandate covers the entire public sector. The establishing legislation has been amended several times in the past, and in addition to defining the powers and duties of the institution, the legislation envisioned the conditions of appointment, the independence of the Auditor General and the reporting mechanisms. However, the appointments of staff do not always support the independence of the institution, and it suffers from insufficient staff and inadequate funding. Moreover, the government does not always act on the findings of the office's reports. In 2006, the Auditor General was fired by the Prime Minister after releasing a report showing that ETB 4.8 billion were unaccounted for in the federal government's funding allocations to regional administrations. Overall, Global Integrity 2008 evaluates the performance of the Auditor General as 'moderate.'

  • Office of the Ombudsman: The Office of the Ombudsman was instated in 2000 and is legally protected from political interference. In practice, however, the office is not free from political interference and is sometimes steered by political incentives. The Ombudsman has the responsibility to ensure that executive organs carry out their functions in accordance with the rule of law and that administrative decisions do not violate citizens' rights. Additionally, the office receives and investigates complaints about public officials and administrative practices and seeks remedies to curb maladministration. The present Ombudsman describes the agency as still very young and in need of capacity-building. In addition, Global Integrity 2008 reports that very few people know of its existence.

  • E-Governance: Only a few government ministries have websites providing useful information for citizens, investors and companies. One such entity is the Ethiopian Revenue and Customs Authority (ERCA), which contains much relevant information on legislation and requirements concerning taxation and customs procedures. Another relevant online service is the Ethio Market (ETM) which provides all kinds of investment related information for foreign investors. The most comprehensive initiative concerning e-governance by the Ethiopian government has been the establishment of the Ethiopian Investment Commission (EIC), which functions as a one-stop shop, from which investment and business licences can be obtained in a matter of hours. The Federal Supreme Court also plans to commence web-based services, including accessing pending court debates, verdicts, charges, defences, judges' profiles and an e-litigation service to help press charges and defend oneself against charges. The court also plans to install authentication and registration software for immovable properties as a web-based service.

  • Public Procurement: The Proclamations No. 430/2005 and No. 57/1996 determine the procedures of public procurement and address conflicts of interest for public procurement officials. They furthermore demand mandatory training for procurement officials, require competitive bidding, ensure the possibility for official review of procurement decisions and prohibit companies known to have violated the law from future bidding. In practice, however, Global Integrity 2008 reports that regulations concerning the interests of public officials are not adequately enforced and companies who have violated the law before are not successfully prohibited from future bidding. The law also requires the government to disclose the results of procurement decisions and, in practice, citizens can access these results. Major public procurements are widely advertised. The Ethiopian Privatisation and Public Enterprises Supervising Agency, through which most tenders are issued, has initiated training of personnel working with procurement, and has prepared standard bidding documents for the process. All in all, Global Integrity 2008 evaluates Ethiopian procurement legislation and its enforcement as 'moderate'.

  • Whistle-Blowing: Article 444 of the Criminal Code, Proclamation No.414/2004 provides legal protection of whistleblowers. Several sources note that whistleblowers are continuously providing information on graft and corruption to the Federal Ethics and Anti-corruption Commission (FEAC), and that civil servants are well-protected from recrimination and other negative consequences when reporting corruption. In practise, however, Global Integrity 2008 assesses the de facto protection of both public and private sector whistleblowers as inadequate. According to the FEAC, whistleblowers can present their complaints of alleged corruption offences in person, by telephone, fax, e-mail or by letter, and the FEAC will not disclose their identity without their permission. Reporting mechanism numbers can be found on the FEAC website (see also this 2007 FEAC report - section '7.3.1 Channels and Mechanisms of Making Corruption Complaints' - for more information). According to Freedom House 2007, the main constraints on an effective whistle-blowing system in Ethiopia are the high level of politicisation of many corruption cases and restrictions on the media to freely investigate alleged corruption.

  • General Comments on the Public Anti-Corruption Initiatives: Donor pressure has been one of the main drivers behind the initial establishment of anti-corruption undertakings in Ethiopia. Generally, the anti-corruption bodies are inadequately funded and are inhibited from using their powers effectively. Several observers have questioned the sincerity of the fight against corruption, noting that there is considerable inconsistency in the political leaders' willingness to fight corruption. Another problem with the work of the anti-corruption agencies is the lack of public awareness about the fight against corruption coupled with their high degree of politisation which limits their effectiveness as control mechanisms.