The Ethiopian Electoral and Political Parties /DRAFT/ Proclamation

SUB-SECTION TWO
MEASURES TO BE TAKEN BY DIFFERENT ORGANS
148. Measures to be Taken by the Board
Without prejudice to measures stated in other laws, the Board may take the following measures if it is proves the commission of ethical violations under this section:
1. Give official warning to the political party or person who committed the act.
2. Partially of fully suspend the candidate or party from using the media for a short period of time;
3. Prohibit the party from using the benefit of financial support provided by the government;
4. Cancel a party or independent candidate from candidacy, subject to the gravity of the act;
5. Suspend the political party from running for elections.
149. Appealing the Decision of the Board
A party aggrieved by the Board’s decision following the ethical violations outlined above may appeal to the Federal High Court.
150. Penalties to Be Imposed by the Court
1. The court may impose the following measures in addition to the penalties or prohibitions the listed out under Article 148 of this proclamation:
2. Without prejudice other penalties provided by law, exercising or participating in any political activity during election day other than voting or doing other legitimate activity assigned to one, or printing or duplicating election results improperly or at a prohibited time or, committing the acts stated under Articles 142, 143 of this proclamation and/or those listed below shall be punishable with fine or up to 3 years of simple imprisonment:
a. Attempting interfere with the impartiality of the Board or the election executives;
in particular, giving or attempting to give a bribe or a promise to bribe;
b. Disturbing elections or preventing its conduct or, in an attempt to influence the election process or result, publishing and distributing false information aimed at stirring fear or hatred or attempting to do so;
c. Violating the secrecy of the ballot box;
d. Contravening the prohibitions related to voting and election materials, or e. Interfering with the activities of the Board and the election executives.
3.Any person who violates prohibitions related to the activities of political parties, announcement of election results, or the rights of voters or political parties, shall be punishable by fine or imprisonment of not more than one year.
4.Any person who
a. intentionally disrupts or stands a hinderance to the Board, election official executive,
employee of the Board while exercising its responsibilities and duties;
b. intentionally interrupted the Board’s meeting or committed inappropriate acts in the same places;
c. Intentionally commits any act of force in the office of the Board to unduly influence the decision or order of the Board on any pending matter before it; shall be punishable with fine or imprisonment not exceeding one year
SECTION SEVEN
Grievances and Disputes Arising in the Electoral Process
151. Principles
1.The Board shall establish, at every level, Political Parties’ Joint Forum that enables to resolve disputes related to the election process through dialogue and understanding.
2.Political Parties Joint Forum shall be used to resolve any inter-party disputes.
3.Any political parties dispute resolution efforts is based on the consent of the affected parties. Members of the Joint Forum and their respective members have the right to lodge a
complaint to the Grievance Hearing Committee established under this Proclamation. The details on the Grievance Hearing Committee, including composition, responsibility and procedure will be determined by a directive issued by the Board.
4.According to this Article, to ensure the electoral process is free fair and peaceful, any decision-making body to whom complaints and grievances are presented, shall consider the elections timetable to provide speedy decision.
5.Any grievance or decision on the grievance shall be done in writing. The Grievance hearing committee shall provide evidence on receiving the grievance and the date and time the grievance was submitted to them.
6.The Board shall put in place a system in electoral offices at every level to give a timely decision on the complaints submitted.
7.The Board may, in making decisions on election related matters, establish an inquiry council comprised of professionals with the relevant expertise, to inquire into the fact in issue, evidence and law, and give recommendations
8.The Board or electoral officers at every level may subpoena or order to present written or other evidences a government body or any person who is able to provide evidence to decide on the complaints.
9.Where the Board is aware or received a complaint supported by an evidence that any criminal act that obstructs the election process has been committed or is being committed, it may refer the case to a concerned authority for a legal action and follow the matter.
10.Any person who has not submitted his complaint or appeal within the period specified in Articles 152 to 155, shall be barred from submitting his complaint or appeal.
11.Every regional first instance court and supreme court as well as the Federal first instance court and Federal Supreme Court shall establish as necessary an election bench one month prior to the start of voters registration.
12.The relevant federal and regional judges administration council should make available sufficient judges for the elections bench established under sub-article 11.
13.In accordance to this Proclamation, the Board in cooperation with the federal and regional supreme court should provide sufficient training to the judges assigned to the election bench.
Article 152. Disputes Arising During Voter Registration
1.Anyone prohibited from registering as a voter is entitled to present his grievance to the Grievance Committee in the polling station.
2.Anyone who protesting against the registration as a voter of a person, who is not entitled to or should not be registered has the right to submit his protest to the Grievance Committee in the polling station and get a decision.
3.Grievances under sub-articles 1 and 2 above should be presented from the beginning of the voter registration day until the end of the days when the electoral register remains open to the public.
4.The Grievance Committee of the polling station shall examine the complaint presented before it and hand over its decision in writing within five days.
5.In the event the Grievance Committee of the polling station fails to give its decision on the complaint presented to it in accordance with sub-articles 1 and 2 above, the complainant is entitled to submit the same to the Grievance Committee in the Constituency within five days and get a decision;
6.A complaint protesting the decision of the grievance committee of the polling station should be submitted to the Constituency Grievance Committee within five days after the decision is given.
7.The Constituency Grievance Committee shall examine the complaint presented to it and give its written decision within five days;
8.If the Constituency Grievance Committee did not give its decision within five days or if the complainant was not satisfied by the decision, he is entitled to present his case within five days to appropriate First Instance Court. And the court to which the complaint is submitted shall have necessary evidences brought to it, review and pass a decision.
9.The polling station electoral office shall conduct its work in accordance with Constituency Grievance Committee.
153. Complaints Relating to Candidates Registration
1.Any person or political organization denied of registration for candidature shall have the right to lodge a complaint to the Constituency Grievance Hearing Committee and get a decision.
2.Any individual or political organization that objects to the registration of a candidate shall have the right to lodge a complaint to the Constituency Grievance Gearing Committee and seek a decision.
3.Complaints with regards to sub-article 1 and 2 can be lodged from the start of candidate registration until public announcement of registered candidates.
4.The Constituency Grievance Hearing Committee shall investigate and decide in writing on the complaint submitted to it within 5 days.
5.A political organization or private candidate denied of registration for candidature or objects to the registration of a candidate may reject the decision of the Constituency Grievance Hearing Committee and appeal to the Regional Electoral Office Grievance Hearing Committee with 7 days.
6.The Constituency Grievance Hearing Committee shall be convened by the secretariat executive and shall have two additional members that will be appointed based on the directives that the Board will issues.
7.Where the Constituency Grievance Hearing Committee shall give decision in writing within 7 days hours to the complaint submitted to it.
8.Where the Constituency Grievance Hearing Committee does not give decision in 7 days or the complainant is dissatisfied by the decision, the person can appeal to the Regional
Supreme Court. The court after requesting and examining evidences related to the complaint, shall render decision within 15 days.
9. The constituency will implement its activities based on the decision given by the Regional Electoral Office Grievance Hearing Committee.
154. Complaints Related to Voting
1.Where a voter is denied of voting, he shall have the right to lodge a complaint to the Polling Station Grievance Hearing Committee and get a decision.
2.The Polling Station Grievance Hearing Committee may
a. Investigate the matter and allow the voter to cast his vote; or
b. allow temporary voting and refer the case for the decision to the Constituency Electoral Office.
3.A vote casted in accordance with sub article 2 (b) above shall be made invalid unless the complainant presents before the adding up of votes an evidence from the Constituency Electoral Office. Constituency Grievance Hearing Committee or from the first instance court as appropriate stating that he has the right to vote.
4.A complaint about objection to a decision given in accordance with sub article 2 (b) above shall be lodged before the conclusion of the voting time. The polling station shall implement the decision.
5.Any person dissatisfied by the decision of the Constituency Grievance Hearing Committee and in accordance with sub article 2 (b) that was allowed temporary voting may immediately appeal to the first instance court that has jurisdiction. The court shall can order the delay of the vote count until the court renders a decision
6.Any person objecting to the voting right of a voter shall have the right to lodge his complaint and get decision in accordance with the procedures provided above.
155. Complaints Relating to Vote Counting and Results
1.Any political organization or independent candidate or representative who has complaints on the vote counting and results may immediately submit his complaint to the Polling Station Grievance Hearing Committee and get a decision. If there is objection to the decision, the complainant can appeal the decision to the Constituency Grievance Hearing Committee within 2 days.
2.The Constituency Grievance Hearing Committee shall investigate and give decision on the complaint submitted in accordance with sub article (1) above within 2 days.
3.Any complainant dissatisfied by the decision given in accordance with sub article (2) above may appeal to the Board in 5 days. The Board shall investigate the complaint and give decision within 10 days.
4.A complainant dissatisfied by the decision of the Board in accordance with sub article (3) may file complaint to the Federal Supreme Court within 10 days. The
Court will rule once it requests and investigates the evidence required to decide on the complaint filed.
5.The Federal Supreme Court shall give decision to the complaint submitted to it in accordance with sub article (4) above no later than one month.
6.According to sub article above, any grievance that arise during the counting process, results announcement or appeal process, the constituency grievance committee, the Board or the Federal Supreme can order the constituency that the complaint is filed against to publish the result.
Part Eight Prohibited Acts
156. General
Without prejudice to the provisions related to popular elections and vote casting in the FDRE Penal Code, committing acts prohibited in this Chapter is punishable by law.
157. Illegal Printing and Possession of Election Documents
Whosoever has, without the consent of the Board, printed, duplicated, forged any election document and material or found to have possessed or distributed such document and material shall be punishable with imprisonment or a fine.
158. Removing of Election Advertisement
Whosoever has, from the commencement of the election process up to the official announcement of results, damaged, removed or tore apart a poster or election advertisement of any candidate shall be punishable with imprisonment not exceeding one year or a fine.
159. Prohibition of Promoting Agenda through Illegal Means
1.It is punishable by law to promote the agenda of a political party through force, intimidation; organizing and training people or groups, and involuntarily recruiting people.
2.Any person or group who assisted or cooperated to carry out the issues outlined in sub-article 1 of this Article shall be punished according to the appropriate law.
PART NINE MISCELLANEOUS PROVISIONS
160. Transition
1.Article 100(a) of this Proclamation will be effective during the budget year after the federal and regional legislature elections take place, following the adoption of this proclamation
2.Any political party previously registered must fulfill the requirements outlined in this Proclamation according to the timetable established by the Board.
3.Political parties that does not complete the requirement according to sub-article 2 within the timeline established by the Board faces registration cancellation.
161. Duty to Cooperate
Any individual shall have the duty to cooperate in implementing this Proclamation.
162. Repealed Laws
1.The following have been repealed by this Proclamation
a) Proclamation No 532/2007 The Amended Electoral Law of Ethiopia
b) Proclamation No 573/2008 The Revised Political Parties Registration
c) Proclamation No 662/2009 The Electoral Code of Conduct for Political Parties
2.Any law which is inconsistent with these proclamations shall not be applied on matters covered by these proclamations.
163. Power to issue regulations and directives
The Board may issue directives to implement this Proclamation.
164. Effective Date
This Proclamation shall come in to force up on the date the House of Peoples’ Representatives adopts it.

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