Tag: Addis Ababa

A DRAFT PROCLAMATION TO DETERMINE THE SPECIAL INTEREST OF THE STATE OF OROMIA IN ADDIS ABABA CITY

A DRAFT PROCLAMATION TO DETERMINE THE SPECIAL INTEREST OF THE STATE OF OROMIA IN ADDIS ABABA CITY

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Proclamation No. ——–/2017 
A PROCLAMATION TO DETERMINE THE SPECIAL INTEREST OF THE STATE OF OROMIA IN ADDIS ABABA CITY

WHEREAS Article 49(5) of the Constitution of the Federal Democratic Republic of Ethiopia provides that the special interest of the State of Oromia in Addis Ababa, regarding the provision of social services, utilization of natural resources and other similar matters as well as administrative matters shall be respected and the particulars shall be determined by law;

WHEREAS it has become necessary to enact law to determine the special interest of the State of Oromia in Addis Ababa as the Constitution stipulates so;

NOW, THERFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

SECTION ONE
GENERAL

  1. Short Title

This Proclamation may be cited as the “Protection of the Special Interest of the State of Oromia in Addis Ababa Proclamation No. ——– /2017”.

2. Definition In this Proclamation:

1/ “Constitution” means the Constitution of the Federal Democratic Republic of Ethiopia;

2/ “Administration” means the Addis Ababa City Administration;

3/ “Region” means the State of Oromia;

4/ “special interest” means constitutionally recognized provision of services, or the utilization of natural resources and other similar matters, as well as joint administrative matters arising from the location of Addis Ababa as it is found within the State of Oromia;

5/ “decedents of Oromo nationality” includes all the decedents of the Oromo nationality living in Addis Ababa City and its surroundings;

6/ “boundaries of Addis Ababa city” means the boundaries demarcated by the agreement between the Administration and the Region;

7/ “Surrounding Addis Ababa” means Special Zone of Oromia surrounding Finfine;

8/ “person” means and natural person or juridical body.

3. Scope of Application

This Proclamation shall be applicable within the boundaries of Addis Ababa city Administration and, as appropriate, in the Special Zone of Oromia surrounding Addis Ababa.

SECTION TWO
SOCIAL SERVICE SPECIAL INTEREST OF THE REGION IN ADMINISTRATION

4. Education Service

School facilities providing education in Afan Oromo for the Oromo Nationalities residing within the Administration shall be organized by the expense of the City Administration.

5. Health Service

The urban and rural residents living surrounding Addis Ababa city, like that of the other inhabitants of the City, shall be provided with health service in the government hospitals and health institutions of the City Administration.

6. Cultural, Linguistics and Artistic Services

1/ To enable the provision of special interest services stipulated in this Proclamation to the Oromo Nationalities, Afan Oromo shall serve as working language in the City Administration.

2/ In convenient places such as squares, streets, localities and other similar memorials in the Administration shall, as appropriate, be designated in their original Afan Oromo names to sustain the historical events related to the people of the Region, the cultural and historical legacy that reflect the national identity of the Oromo people.

3/ The Administration shall facilitate the construction of theatre houses, recreation, cultural and artistic centers that reflect and demonstrate history and culture of the Oromo people.

4/ The Administration shall work in close cooperation with the Region to furnish museums of the Administration with the heritages and books that reflect the history, culture and tradition of the Oromo people.

5/ There shall be condition under which the public mass media of the Administration shall, in addition, use Afan Orom.

6/ The former establishment name of the City Administration Finfine in Afan Oromo, with respect to Oromia State, shall have equal legal recognition with Addis Ababa; and the utilization of these names shall be determined in regulations.

SECTION THREE
ECONOMIC SEVICES SPECIAL INTEREST OF THE REGION IN THE ADMINISTRATION

7. Provision of Land

The Region shall, free of lease charges, be provided with plots of lands necessary for construction of buildings for governmental and public services.

  1. Supply of Water

From the surface and underground waters of the Region, from which the Administration gets its water supply, the towns and kebeles of the Region at which water hole is drilled, dam is developed, or through which supply line of water crosses shall be provided with supply of water by the outlay of the Administration.

  1. Transport Service

City bus and taxi transport services and railway infrastructure development and transport service shall encompass towns of the Region surrounding the City Administration.

  1. Job Opportunity

1/ Youths of the Region inhabiting in towns and countryside surrounding the City Administration shall be made beneficiary of the job opportunity found in the Addis Ababa city.
2/ Youths of the Region inhabiting in towns and countryside surrounding the City Administration shall be made beneficiary of the job opportunity created in relation to water development, waste management, power generation from the waste, water shade management, transport services and other similar.

  1. Provision of Market Place

1/ Farmers of the Region shall be provided with market places to sell their agricultural products in an organized manner.
2/ The Administration shall build the market places and facilitate conditions necessary for operation.

  1. Condominium House Benefits

The civil servants and officials of the Region living in the City Administration shall be provided with quota to benefit from the allocation of condominium houses built by public expenses.

  1. Compensation and Sustainable Rehabilitation

1/ The farmers expropriated due to development activities within the Administration, shall have the right to get compensation for their sustainable rehabilitation.
2/ The farmers who had been expropriated without adequate compensation due to development activities within the City Administration shall, based on study, be considered for rehabilitation.
3/ An autonomous office shall be established to handle the issues specified under sub-articles (1) and (2) of this Article.

SECTION FOUR
NATURAL RESOURCE UTILIZATION AND ENVIRONMENTAL
PROTECTION SPECIAL INTEREST OF THE REGION IN THE ADMINISTRATION

  1. Water shade Development

Conditions shall be facilitated to carry on water shade management by the outlay of the Administration in the towns and kebeles of the Region where water hole is drilled, dam is developed to supply water to the Administration or through which supply line of water crosses.

  1. Protection from Environmental Pollution

1/ The towns and kebeles of the Region surrounding Addis Ababa shall be protected from environmental pollution and damage emanating from dry and liquid wastes disposed from the Administration.
2/ To protect towns and kebeles of the Region surrounding Addis Ababa from
environmental pollution and damage emanating from dry and liquid wastes disposal environmental impact assessment shall be conducted and based on the impact assessment necessary rectification shall be taken.
3/ The towns and kebeles of the Region surrounding Addis Ababa shall have the right be compensated by the Administration in accordance with law for damages caused to human, animal and natural environment due to dry and liquid wastes disposed to the Region without proper control, safety and above the required waste disposal standard.
4/ Quarry sites supply input to Addis Ababa city development shall be managed in such a way that they do not cause air pollution and be rehabilitated for forest or other development purposes.
5/ Solid and liquid waste treatment, recycling and disposal sites of the Addis Ababa city shall be chosen based on the joint study conducted by the Administration and the Region and be managed in line with scientific requirements.

SECTION FIVE
JOINT COUNCIL

  1. Establishment of Joint Council

1/ There shall be established a Joint Council of the Region and the Administration (in this Proclamation to be referred as “Council”) to deliberate and pass decision on issues specified under this Proclamations and other matters pertaining to common interest.
2/ The Joint Council shall be accountable to the Federal Government.

  1. Head Office

Head office of the Council shall be in Addis Ababa.

  1. Objective of the Council

The Council shall have the objectives to support the practical realization, efficient execution and follow up of the special interests of the State of Oromia in Addis Ababa, which are stipulated in this Proclamation, regarding the provision of social services, utilization of natural resources and joint administrative matters arising from the location of Addis Ababa within the Region as it is enshrined under Article 49(5) of the Constitution of the Federal Democratic Republic of Ethiopia.

  1. Members of the Council

The members of the Council shall equally be represented from the Administration and the Region.

  1. Powers and Duties of the Council

The organization, powers and duties, terms, meeting procedures, code of conduct of the Council members and budget shall be determined by a regulation to be issued by the Council of Ministers.

SECTION SIX
MISCELLANEOUS PROVISIONS

  1. Duty to Cooperate

Any person or body shall have duty to cooperate for the implementation of this
Proclamation, regulations issued under, and directives issued and decisions passed by the
Council.

  1. Inapplicable Laws

No law, decision or customary practice, inconsistent to this Proclamation, shall be applicable with respect to matters covered in this Proclamation.

  1. Power to Issue Regulations and Directives

1/ The Council of Ministers may issue regulations necessary for the implementation of this Proclamation.
2/ The Council may issue directives necessary for the implementation of this Proclamation and the regulations issued pursuant to sub-article (1) of this Article.

24. Effective Date

This Proclamation shall enter into force on the date of its publication in the Federal

Negarit Gazetta.
Done at Addis Ababa……………../2016

MULATU TESHOME (Dr.)
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA

Housing Scheme Registration Directive (የቤት ፈላጊዎች እና ዳግሞ ተመዝጋቢዎች ምዝገባ መመሪያ)

The registration process for the new Housing Scheme is now officially open. According to announcement made by Addis Abeba Housing Development & Administration Agency, registration for 10/90 and the 20/80 projects will be from June 10 to June 28 and registration for 40/60 project will be from August 12 to August 23. The registration for association will be conducted from July 23 to August 6.

The registration process and other related details are to be governed by a new directive issued by the Addis Ababa Administration Cabinet. Government officials have been giving explanation about this directive on state media.

You can download this directive on the link below.

Click HERE to download:

የአዲስ  አበባ  ከተማ  አስተዳደር  የቤት  ፈላጊዎች  እና  ዳግሞ  ተመዝጋቢዎች  ምዝገባ  መመሪያ  ቁጥር  2/2005

Housing Scheme Registration Directive

Model Land Lease Regulation

The House of People’s Representatives has enacted the controversial urban land proclamation No.721-2011 on January 2011. Even though the law is a Federal law, the power of implementation through subsidiary legislation is given to Regions and city administrations. According to article 33 of the proclamation, Regions and city administrations shall have the powers and duties to issue regulations and directives necessary for the implementation of the Proclamation. This being the case, the Ministry of Urban Development and Construction has prepared a model land lease regulation two months after the issuance of the proclamation. This document was submitted for discussion mainly in Addis Ababa, Dire Dawa and some regions.

The model land lease regulation is not a binding document. However, it is expected that it will significantly affect the subsequent regulations to be issued by Regions and city administrations. (I don’t have information whether they have already issued the regulation.)

The model land lease regulation is drafted only in Amharic. (This is a typical problem of subsidiary legislations in Ethiopia.) You can get the document from the official web site of the Ministry, but I advise you not to do so. There is some annoying advertisement displayed on each page of the document, telling you that the document was converted to pdf using an inactivated version certain software. For this reason, you will not be able to read at least two articles on each page. They are totally covered by this irritating advertisement. May be someone can help the Ministry by sending a pdf converter.

I have removed all the objects from the original document and now you can download the model land lease regulation from this blog.

Click HERE to download Final Land Lease Regulation

Click HERE to download the file from the original source.

The law applicable to foreigners in Ethiopia-Summary of the legal provisions (Part I)

The law applicable to foreigners in Ethiopia-Summary of the legal provisions (Part I)

This Article is neither a commentary nor an analysis of the legal regime governing the rights and duties of foreigners in Ethiopia. Rather, it is a summary of the legal provisions directly or indirectly related to foreigners in Ethiopia so as to help as a brief guide.

As a matter of principle, the law in Ethiopia equally applies to any person irrespective of nationality. However, different legislation contain special provisions specifically applicable to foreigners. This summary is about these special legal provisions.

Ownership of Immovable Property

The 1960 Civil Code restricts the right of foreigners to own immovable property in Ethiopia. (Article 390 of the Civil Code) Any foreigner who is found to own immovable property in good faith is required by the competent authority to dispose of such immovable property to an Ethiopian within a period of six months. In case of failure to dispose of such immovable property to an Ethiopian within six months, the immovable property shall be seized and sold by the competent authority. The proceeds of the sale shall be paid to the foreigner less twenty percent which shall be deducted as a penalty and with a view to covering the expenses of sale. When the property is acquired by succession, the deduction will be only ten percent.

(Article 390-393 of the Civil Code)

Special cases for foreign investors

The old law which puts restriction on foreigners regarding ownership of immovable property has been recently relaxed by a recent law. The new investment proclamation allows foreign investor  or  a  foreign  national  treated  as domestic investor to  have the right to own a dwelling  house and  other  immovable property requisite for  their investment.

(Article 24 of Investment proclamation No. 760/2012) Continue reading “The law applicable to foreigners in Ethiopia-Summary of the legal provisions (Part I)”

The New Land Lease Proclamation: Changes, Implications

(Daniel W. Ambaye

E-mail: danambaye@yahoo.com

This Article which is written in English and Amharic, first appeared on the Reporter newspaper.  It was suggested to me by the writer himself. The writer is a lecturer at the Institute of Land Administration, Bahir Dar University)

 

The New Land Lease Proclamation: Changes, Implications

 

The House of Peoples Representatives has passed a new urban lease holding proclamation in October 2011 that is termed as Proclamation 721/2011. This proclamation repeals the previous urban land lease holding proclamation no. 271/2002. The new proclamation has introduced some new and controversial articles which generate lots of discussions among the people and government officials.

Daniel Weldegebriel Ambaye tries to investigate the basic contents of the major changes introduced and the possible implications thereof.

Background and objectives of the proclamation

Before the revolution, urban land was held in Ethiopia in private ownership. When the Derg came to power in 1974, it passed a proclamation (47/1975) that transferred all urban land and extra houses to government ownership. Land owners lost their land without compensation and land was not subject to sale, mortgage, donation, lease and so on. Urban residents were allowed to keep one residential house and another business house, if necessary. Those who had no house at that time were allowed to get a land not more than 500 square meters to construct one. And those who had no ability to do so were given government houses on rental basis. Continue reading “The New Land Lease Proclamation: Changes, Implications”