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, money laundering and bribing a foreign official. Furthermore, an amendment was made to the Anti-Corruption Law in 2001 which prohibits bail for anyone charged with corruption. However, the government does not implement these laws effectively, while the judiciary is known to be politically influenced. At the end of March 2010, the country enacted Assets and Property Registration Law, as part of its anti-corruption efforts. The law calls for government officials and their relatives to register their assets and properties and is expected to help Ethiopia to minimise the prevalence of corruption in the country, according to Afrique Avenir. The new law also requires government officials not to accept any gift in connection with their duties. The US Department of State 2010 records that the registration started in December 2009 and that by end-2010, the president, prime minister and all the cabinet-level ministers registered their assets. However, the opposition has expressed its concern over the fact that it is not clear if these officials will be asked where and how they got their assets. 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. For more 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 2009-2010 report to Parliament, the FEAC reports having received almost 3,000 corruption complaints and tip-offs from the public, out of which around 1,500 were within its own jurisdiction - 405 of the complaints were subject to further investigation. According to the same source, the Ethics Commission also held training and awareness sessions on the concept of ethics, the anti-corruption law and the corruption prevention strategies. 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. According to the US Department 2010, the anti corruption commission released a statement claiming that 110 persons convicted of corruption were sentenced to prison or to pay fines between March and May 2010. Corruption allegations included abuse of power, embezzlement of public property, receiving bribes and administrative mismanagement. The prison terms ranged from 1 to 21 years and the fines amounted up to ETB 1,000 to ETB 5,000. Among the persons sentenced to 21 years of prison were the previous finance section head of the Federal Courts Law Enforcement Division and the former manager of the land development office of the Kolfe subcity in Addis Ababa. 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 2010 also reports that appointments to the FEAC are not based solely on professional criteria, and the institution is not considered completely independent from 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, according to Global Integrity 2010. Another problem is that the government does not always act on the findings of the office's reports. Moreover, according to the Bertelsmann Foundation 2010, the government reacts very harshly when criticised by the agency. In 2006, the Auditor General was dismissed by the Prime Minister after releasing a report showing that ETB 4.8 billion was unaccounted for in the federal government's funding allocations to regional administrations. According to the US Department of State Investment Climate Statement 2011, the government is in the process of establishing a new accounting standards body. The new National Accounting and Audit Board (NAAB), according to the legislation draft, would have the power to accredit accounting and auditing firms as well as oversee financial reporting standards of both private and public enterprises. The statement further notes that the central bank has already issued a directive for all banks and insurance companies to adhere to International Financial Reporting Standards (IFRS) in 2011.

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 2010 reports that the institution is not very effective, primarily due to its lack of mandate.

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 a large amount of 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 Agency (EIA), 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 2010 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 2010 evaluates Ethiopian procurement legislation and its enforcement as being 'weak' to 'moderate'. To achieve more transparency, efficiency, fairness and impartiality in public procurement processes in addition to maximising the benefit from public property use, the government established a new public procurement and property administration agency in September 2009, according to the US Department Investment Climate Statement 2011. The agency functions as an autonomous government organ, has its own judicial arm, and is accountable to the Ministry of Finance and Economic Development.

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 2010 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, email 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 leaderships' 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.