The Ethiopian Electoral and Political Parties /DRAFT/ Proclamation

CHAPTER SIX
MERGER, FRONT, COALITION, SUBSTITUTION AND CANCELLATION OF POLITICAL PARTIES
91. Merger of Political Parties
1.Two or more political parties registered in accordance with this Proclamation may merge and form a political party.
2.Political parties wished to merge pursuant to sub article (1) of this Article shall submit their proposition in writing to the Board two months prior to the issuance of time schedule for local or general elections; the registration shall be effected in accordance with the provisions of this Proclamation.
3.The application for merger shall consist the following:
a. each political party, according to its by-laws, should provide a decision
demonstrating the party’ assembly expressing acceptance of the merger;
b. The parties written agreement outlining the merger details; and
c. the new designation resulted by the merger of the political parties, and the
documents listed under Article 67 of this Proclamation.
4.When the Board accepts the application for merger is in accordance with this Proclamation, then the Board shall:
a. Cancel the registration certificate of each constituent political parties of the union and register in accordance with this Proclamation the new party within one month;
b. order the transfer of each political party’s property, money and other necessary documents to the party created by the merger within 6 months.
5.The political party created by the merger shall fulfill the requirements of Article 64 or Article 65 of this Proclamation.
6.If a political party is charged with crime that can potentially deregister or dissolve the party, the party may not merge before a decision is given on charge or the case is closed.
92. Effects Resulted by Merger of Political Parties
1.Without prejudice to Article 91(4) of this Proclamation, the new political party resulted from merger:
a. shall be successor of the merged political parties;
b. rights and duties of the merged political parties shall be transferred to it;
c. shall submit report on the past financial activity of the merged political parties,
when requested by the Board;
d. shall execute or cause the execution of decision or right or disputes of civil or administrative body pending at court previously concerned with each or either constituent political parties of the merger, excluding Article 91(6) .
2.The new political party resulted from the merger and registered in accordance with this Proclamation shall submit to the Board within 6 months of its registration, a financial report according to Article 112 and 114 of this Proclamation showing the asset, property and debt generated by the merger.
3.Members of the merged political parties as well as those serving in elected offices at any council levels who do not want to continue as members of the new merged party shall be deemed as independent candidate for the rest of electoral period.
93. Formation of Front
1.Two or more political parties that have their own programs, by-laws and members may form a common front.
2.The application to form a front shall consist the following:
a. a decision expressing acceptance of the front formation by the assembly of each
constituent parties of the front;
b. a document containing details of the agreement of the parties to form a front; and c. the designation of the front, and where appropriate, the documents listed under
Article 67 of this Proclamation.
3.Political parties wished to form a front pursuant to sub article (1) of this Article shall submit their request in writing to the Board; the registration shall be effected in accordance with the provisions of this Proclamation by the Board.
4.If the Board accepts, in accordance with this Proclamation, the application for the formation of front:
a. without canceling the certificate of registration of member parties of the front, the
Board shall give another certificate of registration to the front within one month;
b. without prejudice to the assets and properties of each constituent political parties of the front, the front shall have its own asset and property.
94. Coalition of Political Parties
1.Two or more political parties registered in accordance with this Proclamation may, for a limited period and specified objectives, form coalition to act at country- wide or regional level up.
2.Political parties wanting to work in a coalition shall submit to the Board a written application attached with a document expressing the agreement of each political party’s respective top leaders. When the Board accepts the application in accordance with this Proclamation, it may give temporary certificate.
3.Political parties wanting to work in a coalition shall submit to the Board a document consisting the points of agreement concerning their common activity.
4.Notwithstanding the provision of this Article, each political party of the coalition shall continue to exist with its legal personality.
95. Substitution of Political Party
1.Any political party may be registered as a new political party by changing its name and program upon the decision of the party assembly.
2.The asset and property of the dissolved political party shall be transferred to the new political party established in accordance with sub article (1) of this Article.
3.The new substituted political party shall have to be registered in accordance with this Proclamation.
CHAPTER SEVEN
CANCELLATION AND DISSOLUTION OF POLITICAL PARTY
96. Canceling the Registration of Political Party
A political party may be cancelled for one of the following reasons:
1.when the party, according to its by-laws, request to be canceled upon its own initiative;
2.when the Board decides on basis of law; or
3.the cancellation the registration of the political party is ordered by a court based on appropriate law.
97. Canceling Registration up on the Request of the Political Party
1.A political party may, according to its by- laws, request in writing for the Board to cancel its registration.
2.The statement of application for cancellation presented as according to sub – article (1) of this Article shall be signed by the party leader.
3.The political party shall attach the following particulars with its application to the Board as referred in sub article (1) of this Article and
a. the political party’s audit, asset and property report; and
b. the document in which the assembly of the political party decided to dissolve the party.
4.The Board shall make a public announcement of the application it received for the cancellation of a political party, through various means, to enable any person who has a claim or objection to such application, to present his objection.
5.A person who has an objection pursuant to sub article (4) of this Article, shall present the objection to the Board with in 15 days from the date of announcement; the Board shall not cancel the political party within this period.
6.In accordance with this Article, and within 30 days after conclusion of the time period outlined in sub article (5), the Board shall notify to the requestor party the cancellation of the party; the Board shall also notify the public the dissolution of the party.
98. Canceling Registration of Political Party upon the Decision of the Board
1.The Board may cancel the registration of a political party for one of the following reasons:
a. the political party has not notified the Board for appropriate reason and according to the
provisions of this Proclamation when it changes its name, emblem, document, leadership, auditor, head office and other similar change and when it has not responded within two months the Board’s request to correct such actions.
b. Where the political party failed to submit to the Board annual performance, audit, or other periodical reports required as per this Proclamation within the stipulated timeframe and having been granted a 30 days extension by the Board, failed to submit the same without sufficient reason;
c. Where a political party has delayed in holding a members’ general meeting by three months from the time stipulated in its by-law or this Proclamation and fails to meet the subsequent deadline granted by the Board;
d. the political party fails for two successive election terms to participate at general or local elections;
e. the political party has been registered by fraud, knowingly or when it should know presents deceitful document or when requested pursuant to this Proclamation submits a false document to the Board.
f. Without prejudice to the provisions of other relevant laws, if the party has been engaged in violent rebellion or crimes involving corruption or fraud.
2.Where the Board is of the opinion that a political party has contravened the provisions of this Proclamation to the same degree as those listed under sub-article (1) above, it may issue the party a written warning requesting it to rectify the situation within one month. If the political party fails to conform in according with the warning, the Board may, where appropriate, cancel the registration of the party.
3.The Board shall, before taking a decision against a political party according to this Article, give such party the opportunity to present its defense. The Board may decide to suspend such political party before taking the decision to cancel its registration.
4.A political party that objects the decision of the Board according to this Article may appeal within 30 days to the Federal High Court.
100. Effect of Cancellation or Dissolution of Political Party
1.Where a decision has been made by the political party itself, the Board or a court ruling, to dissolve a political party, the property of the party shall be expended to cover its debt.
2.Where the political party has no liabilities or there remains an amount after covering the debt as referred in sub article – (1) of this Article, the property or the remaining amount shall be expended to civic and voter education upon the order of the Board.

One thought on “The Ethiopian Electoral and Political Parties /DRAFT/ Proclamation”

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.