Tag: FDRE constitution

The Ethiopian Electoral and Political Parties /DRAFT/ Proclamation

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The Ethiopian Electoral and Political Parties Proclamation

የኢትዮጵያ የምርጫና የፖለቲካ ፓርቲዎች  /ረቂቅ/ አዋጅ

WHEREAS, it has become necessary to enable all Ethiopians to exercise their right to self-administration, without any discrimination, through their representatives elected in a direct and free election;
WHEREAS, it has become necessary to establish an electoral institution that conducts free, fair and peaceful elections at every level in an impartial manner in which Ethiopians freely express their will on the basis of equal popular suffrage and secret ballot system;
WHEREAS, it has become necessary that any electoral activity shall be guided by an electoral law that meets international standards;
WHEREAS, the National Electoral Board of Ethiopia has been re-established by Proclamation No…. to administer elections impartially;
WHEREAS, it has become necessary to establish an electoral system that enables political parties with different views to participate in the election and introduce their objectives to the electorate in a peaceful and legal manner, and that enables the people to elect their representatives based on informed decisions and free expression of their will;
WHEREAS, it is necessary to lay down the rights and duties of citizens to establish and become members of political parties in exercising their freedom of association and, the basic principles that political parties must abide by;
WHEREAS, it is necessary to regulate the manner in which political parties can merge, form alliances or build coalitions;
WHEREAS, it has become necessary to put in place an instrument that enables political parties and independent candidates running for elections to play a constructive role in ensuring fair, peaceful, free and democratic elections;
WHEREAS, it is necessary to issue a code of conduct for political parties, candidates and members of political parties to promote elections that are guided by ethical behavior, and that are transparent, free, fair, peaceful, legitimate, democratic and credible;
WHEREAS, it has become necessary to establish a joint political parties’ forum and other bodies that give administrative decisions to resolve disputes that occur in the election process, and to put in place a clear and effective system of looking info complaints and appeals
NOW, THEREFORE, in accordance with Article 55 (1) and Article 102 of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows
1. Short Title
This Proclamation may be cited as proclamation on The Electoral and Political Parties Law of Ethiopia Proclamation No…
Unless the context otherwise requires, in this proclamation:
1.”FDRE” means the Federal Democratic Republic of Ethiopia;
2.”Constitution” means the Constitution of the FDRE;
3.”Region” means one of the regions established in accordance with Article 47 of the Constitution and, for the purposes of this Proclamation, shall include the two chartered cities of Addis Ababa and Dire Dawa;
4.“Board” shall mean the Ethiopian National Electoral Board re-established by Proclamation No 1133/2011
5.”Election” means general elections, local elections, by elections and re-elections conducted in accordance with the FDRE and regional constitutions, and other relevant laws.
6.”General elections” means the elections held every five years to elect members of the House of Peoples’ Representatives and Regional State councils;
7.”Local Elections” means the elections held to elect representative to zonal, woreda, city municipality and sub-city or Kebele councils conducted in accordance with relevant laws;
8.”By-election” means an election held in a single political constituency to fill a vacancy arising during a government’s term of office.;
9.“Re-Election” means a rerun of an election on the order of Ethiopian National Electoral Board as per the authority given to it by Proclamation No 1133/2011; on the order of the Federal Supreme Court; or when the election candidates received equal number of votes and were tied for the seat.
10.”Referendum” means voting by the electorate on a particular proposal presented to it in accordance with the FDRE Constitution or other relevant laws.
11.”Electoral Register” means a record wherein voters are registered at polling stations as voters for elections at all levels;
12.”Voter Identification Card” means a certificate issued to voters upon registration at polling stations;
13.”Political Party or Political Organization” means an entity with a political program created by an organized group of people in accordance with this Proclamation to hold power by contesting in elections at the national, regional or local levels.
14. “Political Party Leaders” means members of the executive committee -or equivalent- of a political party.
15. “Constituency” means an electoral district established by dividing the nation’s territories in accordance with the law and in a manner conducive for the execution of elections and for the people to elect their representatives;
16. “Polling Station” means a place where voter registration, the casting of votes and vote counting take place during elections.
17. “Election Executive” means a person, including the Board, in charge of executing elections.
18. “Candidate” means any person nominated by a political party or registered independently to compete in an election;
19. “Observer” means both local and international organizations observers.
20. “Local Election Observer” means a legally registered, independent and not for profit domestic organization which the Board has authorized to observe elections through its representatives.
21. “International Election Observer” means foreign governments or international, regional or sub regional organizations, or governmental and nongovernmental agencies operating in or out of the country which the Board has invited to observe elections in observance of international treaties to which Ethiopia is a party.
22. “On-site Representative” means a person assigned by a political party or an independent candidate to a specific constituency or polling station to observe the election process on-site and ensure that the rights of the candidate he represents are respected.
23. “Mobile Observer” means a person assigned by a political party or an independent candidate to observe the election process on-site and ensure that the rights of the candidate he represents are respected by moving from one polling station to another
24. “Grievance Hearing Committee” means a committee established in accordance with this Proclamation during elections to give administrative decisions to complaints lodged at a regional electoral office, a constituency and a polling station level;
25. “Merger” means the formation of a new party by two or more legally registered parties which have dissolved themselves.
26. “Front” means an alliance formed by two or more political parties that have distinct legal status following their agreement to have common name, political agenda and rules;
27. “Coalition” means an alliance between two or more political parties who agree to work together for a common objective while maintaining respective legal personalities.
28. “Substitution” means the replacement by a political party of its old name and program by a new one and its registration under a new name when the request made to the Board is accepted following the submission of the required information to the Board.
29. “Person” means natural or legal person.
30. Words used in the masculine include the feminine
3. Scope of Application
This proclamation shall be applicable to;
1.All general elections conducted in Ethiopia as well as local elections, by-elections, reelections, and referendums.
2.citizens who have formed a political party to contest in elections; political parties along with their leaders, chairpersons, members, supporters, representatives, party or individual candidates; fronts, coalitions, alliances and mergers

Administrative Boundaries and Identity Issues Commission Establishment /Draft/ Proclamation

Proclamation  No …../2018

Administrative Boundaries and Identity Issues Commission Establishment /Draft/ Proclamation

WHEREAS, It is found necessary, by strengthening the federal system to reinforce the underway diversity of nations, nationalities and peoples;

WHEREAS, it is become necessary to solve issues of administrative boundaries, self government and Identity questions that repeatedly occur between regions nationally and for lasting;

WHEREAS, it is realized that controversy relating administrative boundaries is source of conflicts between various nations, nationalities and peoples;

WHEREAS, it is become necessary the need for a neutral, highly professional and peaceful solution to these problems since conflicts with administrative boundaries are a cause of great instability;

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

  1. Short Title

This proclamation may be cited as the “Administrative boundaries and Identity issues commission Establishment proclamation No. …../2018”

  1. Definition

1/            “Administrative boundaries” means issues related to self-administration, identity questions and other similar events that rise in relation to administrative issues.

2/“Commission” means the ‘Administrative Boundaries and Identity issues Commission’ established under Article 3 (1) of this Proclamation.

  1. Establishment

1/            Administrative Boundaries Commission (hereinafter referred to as “the Commission”) is hereby establish by this proclamation.

2/            The commission shall have Administrative Boundaries and identity question Commission, its own office and necessary staff.

3/            The commission shall be accountable to the prime Minister.

  1. Objectives

The objectives of the commission shall be to submit recommendation to the Public, the House of the federation, the House of People’s Representatives and the Prime minister through the analysis of causes and causes of administrative boundaries conflicts, self government and identity issues in participatory, explicit, inclusive and scientific manner.

  1. Powers and Duties of the commission

1/            provide alternative recommendations to the House of the Federation and the Prime Minister by studying any problems and conflict that are related to the administrative boundaries demarcation and issues of identity.

2/            Provide recommendations to the House of the Federation on amendments actions that has to be taken to promote and consolidate unity of peoples based on equality and their  mutual consent.

3/            Provide recommendations, for the continued determination and alteration of administrative boundary decisions, to the House of the Federation, to the House of People’s Representatives and to the Prime minister, in order to expand appropriate constitutional principles, transparency and efficient system or amendment of laws.

4/            Present recommendations to the House of the Federation for consideration, where by investigating administrative boundaries controversies which are directed to it from the House of the Federation, the House of Peoples’ Representatives and the Prime minister.

5/            Facilitate ways in which Conflicts arise over administrative boundaries have been resolved, the renewal and strengthen of good relations between neighboring regions.

6/            Provide recommendations to the House of the Federation, the House of People’s Representatives and the Prime minister on the measures that has to be taken to make administrative boundaries is not further cause of conflicts.

7/            Initiate the policy framework of administrative boundaries to make the administrative boundaries and their area of ​​well-being for development and commerce.

8/            Collect public opinion on issues of administrative boundaries.

9/            Collect opinion and inputs for the study from regional and federal officials, political parties, and other stakeholders.

10/         Prepare strategy and detailed plan that show the process of gathering public input and feedback, which ensures that the process includes all sections of the community.

  1. Administrative boundaries and identity Issues

Any administrative boundaries decision and identity question shall be studied by the commission and resolved by House of the Federation in accordance with applicable laws.

  1. Appointment of the members of the commission

1/            Number of members of the commission shall be determined by the government.

2/            Individuals designated as members of the Commission shall have community commendation and good reputation for their ethical conduct, educational preparation, and work experience.

3/            The Chairperson of the Commission and the Deputy Chairperson and other members of the Commission shall, up on recommendation by the Prime Minister and appointed by the House of Peoples’ Representatives of the Federal Democratic Republic of Ethiopia.

  1. Meetings of the commission

1/            The Commission shall hold its regular meetings every fifteen days; provided, however that it may hold extraordinary meetings at any time where necessary.

2/            There shall be quorum where more than half of the members of the commission are present at a meeting.

3/            The Council shall pass its recommendation by consensus.

4/            without prejudice to the provisions of this Article, the Commission may adopt its own rules of procedure.

  1. Powers and Duties of the chairperson of the commission

Chairperson of the commission shall:

1/            Direct the general activities of the commission;

2/              Assign the necessary supportive staff to the commission; and

3/            Make relation with third parties representing the commission.

  1. Powers and Duties of the deputy chairperson of the commission

The deputy chairperson of the commission shall:

1/            perform the activity of the chairperson in his absence.

2/            perform other activity given to him by the chairperson

  1. Office of the Commission

1/            The head of Office of the Commission shall be appointed by the Government and shall manage the Office’s staff and resources.

2/            Direct the secretarial and logistic support to members of the Commission

  1. Powers and Duties of Office of the Commission

The Office of the commission shall:

1/            Provide general administrative and financial services to the Commission;

2/            Provide research and study services to the Commission;

3/            Provide logistical support to the Commission’s public participation and consultation forums;

4/            It shall compile the minutes of the commission, decisions and documents of the commission;

5/            Provide the necessary support and assistance to facilitate the work of the commission.

  1. Powers and Duties of the Head of the office

The Head of the office shall:

1/               Direct and administer the activities of the office.

2/               Prepare the work programs and budgets of the commission and implement same upon approval;

3/              Represent the Office in all dealings with third parties.

  1. The neutrality of the Commission

The Commission undertakes the work independently and impartially.

  1. Terms of office

1/            The term of the office of Members of the Commission shall be 3 years.

2/            Notwithstanding the provision of sub-article (1) of this article the House of Peoples Representative shall extend terms of the office of Members of the Commission.

  1. Duty to Cooperate

Any person shall have an obligation to cooperate with the Commission when he requested any legal questions where the Commission, according to this proclamation, has been doing its functions.

  1. Protection of Witnesses and whistle-blower

1/            No one may be accused by the testimony given to the commission as well as the    testimony given before the commission could not serve as and evidence up on him;

2/            The provisions of the laws for the protection of the witnesses and whistleblowers shall apply to those who have provided testimonies and evidences to the Commission

  1. Budget

The budget of the Commission shall be allocated by the government.

  1. Books of Account

1/            The office of the commission shall keep complete and accurate books of accounts.

2/            The books of accounts and financial documents of the Office shall be audited annually by the Federal General Auditor or by Auditor designated by him.

  1. Powers to Issue Regulations and Directives

1/ The Council of Ministers may issue regulations necessary for the implementation of this Proclamation

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

  1. Effective Date

This proclamation shall come into force upon the date of approving by the House of Peoples’ Representatives.

Addis Ababa

                                       date ———- year

                                                SAHLEWORK ZEWDE

PRESIDENT OF THE FEDERAL DIMOCRATIC REPUBLIC OF ETHIOPIA

 

 

የአስተዳደር ወሰን እና የማንነት ጉዳዮች ኮሚሽንን ለማቋቋም የወጣ /ረቂቅ/ አዋጅ

አዋጅ ቁጥር —–/2011

አስተዳደር ወሰን እና የማንነት ጉዳዮች ኮሚሽንን ለማቋቋየወጣ አዋጅ

የፌዴራል ስርዓቱን በማጠናከር እየተገነባ የመጣውን የብሔር ብሔረሰብ እና ህዝብ ብዝሃነት ማጎልበት አስፈላጊ ሆኖ በመገኘቱ፣

በክልሎች የአስተዳደር ወሰን፣ ራስን በራስ ማስተዳደርና በማንነት ጥያቄዎች ዙርያ በተደጋጋሚ የሚታዩ ችግሮችን አገራዊ በሆነና በማያዳግም መንገድ መፍታት በማስፈለጉ፣

ከአስተዳደር ወሰን ጋር ተያይዞ የሚነሱ ውዝግቦች በተለያዩ ብሔር፣ ብሔረሰቦችና ህዝቦች መሃል የቅራኔ ምንጭ መሆናቸውን በመገንዘብ፣

ከአስተዳደር ወሰን ጋር ተያይዞ የሚነሱ ግጭቶች ከፍተኛ ለሆነ አለመረጋጋት መንስዔ በመሆናቸው፣ ለነዚህ ችግሮች ገለልተኛ በሆነ፣ ከፍተኛ ሞያዊ ብቃት ባለውና ሰላማዊ በሆነ መንገድ መፍትሄ ማፈላለግ አስፈላጊ ሆኖ በመገኘቱ፣

በኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ ህገመንግስት አንቀጽ 55(1) መሠረት የሚከተለው ታውጇል፡፡

  1. አጭር ርዕስ

ይህ አዋጅ‹‹ የአስተዳደር ወሰን እና የማንነት ጉዳዮች ኮሚሽን ማቋቋሚያ አዋጅቁጥር ——–/2ዐ11›› ተብሎሊጠቀስይችላል፡፡

  1. ትርጓሜ

1/     “የአስተዳደር ወሰን” ማለት ራስን በራስ ማስተዳደር ፣ ከማንነት ጥያቄ እና ከሌሎች ተመሳሳይ ክስተቶች ጋር በተያይዘ የሚነሱ የወሰን ጉዳዮች ነው

2/     “ኮሚሽን” ማለት በዚህ አዋጅ አንቀፅ 3(1) መሰረት የተቋቋመ የአስተዳደር ወሰን እና የማንነት ጥያቄ ጉዳዮች ኮሚሽን ነው፡፡

  1. መቋቋም

1/    የአስተዳደር ወሰን እና የማንነት ጉዳዮች ኮሚሽን (ከዚህ በኋላ ‘ኮሚሽን’ እየተባለ የሚጠራ) በዚህ አዋጅ ተቋቁሟል።

2/    ኮሚሽኑ የአስተዳደር ወሰን፣ ራስን በራስ ማስተዳደር  እና ማንነት ጉዳዮች ኮሚሽን፣ ጽህፈት ቤት እና   አስፈላጊ ሰራተኞች፣ ይኖሩታል፡፡

3/    የኮሚሽኑ ተጠሪነት ለጠቅላይ ሚኒስትሩ ይሆናል፡፡

  1. የኮሚሽኑ ዓላማ

ኮሚሽኑ አሳታፊ፣ ግልጽ፣ አካታችና ሳይንሳዊ በሆነ መንገድ ከአስተዳደር ወሰኖች፣ ራስን በራስ ማስተዳደር  እና ከማንነት ጋር የተያይዙ ግጭቶችንና መንስኤያቸውን በመተንተን የመፍትሄ ሃሳቦችን ለህዝብ፣ ለፌዴሬሽን ምክር ቤት፣ ለሕዝብ ተወካዮች ምክር ቤት  እና ለአስፈጻሚው አካል  ማቅረብ ነው።

  1. የኮሚሽኑ ሥልጣንና ተግባር

ኮሚሽኑ የሚከተሉት ስልጣንና ተግባራት ይኖሩታል፡-

1/    ከአስተዳደራዊ ወሰኖች አከላለል፣ ራስን በራስ ማስተዳደር እንዲሁም ከማንነት ጥያቄ ጋር የተገናኙ ማናቸውንም ችግሮችንና ግጭቶችን በጥናት ለይቶ አማራጭ የመፍትሄ ሃሳቦችን ለጠቅላይ ሚኒስትሩ እና ለፌዴሬሽን ምክር ቤት  ሪፖርት ያቀርባል፤

2/    በህዝቦች እኩልነትና ፈቃድ ላይ የተመሰረት አንድነት ስር እንዲሰድና እንዲዳብር ለማድረግ ሊወሰዱ ስለሚገባቸው እርምጃዎች ማሻሻያ ለጠቅላይ ሚኒስትሩ እና ለፌዴሬሽን ምክር ቤት ምክረ ሃሳቦችን ያቀርባል፤

3/    አስተዳደራዊ ወሰኖች በቀጣይነት የሚወሰኑበትንና የሚለወጡበትን መንገድ በተመለከት አግባብነት ያላቸውን ህገ-መንግስታዊ መርህዎች ያገናዘበ፣ ግልጽና ቀልጣፋ ስርዓትወይም የህግ ማሻሻያ እንዲዘረጋ ጥናት በማድረግ ለጠቅላይ ሚኒስትሩ፣ ለፌዴሬሽን ምክር ቤት እና ህዝብ ተወካዮች ምክር ቤት ምክረ ሃሳብ ያቀርባል፤

4/    ጎልተው የወጡና በፌዴሬሽን ምክር ቤት፣ በህዝብ ተወካዮች ምክር ቤት፣ በፌዴራል መንግስት የሚመሩለትን የአስተዳደራዊ ወሰን ውዝግቦችን መርምሮ የውሳኔ ሃሳብ ለጠቅላይ ሚኒስትሩ  እና ለፌዴሬሽን ምክር ቤት ያቀርባል፤

5/    ከአስተዳደራዊ ወሰኖች ጋር በተያያዘ የተነሱ ግጭቶች ተፈተው፣ በአጎራባች ክልሎች መሃከል ያለው መልካም ግንኙነት የሚታደስበትና የሚጠናከርበትን መንገድ ያመቻቻል፤

6/    በቀጣይነት አስተዳደራዊ ወሰኖች የግጭት መንስዔ እንዳይሆኑ ሊወሰዱ የሚገባቸውን እርምጃዎች አስመልክቶ ለጠቅላይ ሚኒስትሩ ፣ለፌዴሬሽን ምክር ቤትእና ለሀዝብ ተወካዮች ምክር ቤት  ምክረ ሃሳብ ያቀርባል፤

7/    አስተዳደራዊ ወሰኖችና አካባቢያቸው አስተማማኝ ሰላም የሰፈነባቸው የልማትና የንግድ እንቅስቃሴ የሚካሂድባቸው እንዲሆኑ አስተዳደራዊ ወሰኖችን የተመለከተ የፖሊሲ ማእቀፍ ያመነጫል፤

8/    የአስተዳደር ወሰን ጉዳዮችን በተመለከት የህዝብ አስተያየት ይሰበስባል፤

9/    ጉዳዮ ከሚመልከታቸው የክልልና የፌደራል የስራ ሃላፊዎች፣ የፖለቲካ ቡድኖች፣ እንዲሁም ሌሎች ባላድርሻ አካላት አሰትያየትና ለጥናቱ የሚሆን ግብዐት ይሰብስባል፤

10/   ከህዝብ ግብዐትና አስተያየት የሚሰበሰብበትን አካሄድ የሚያሳይ፣ ሂደቱ ሁሉንም የህብረተሰብ ክፍል ያካተተ መሆኑን የሚያረጋገጥ ስትራትጂና ዝርዝር እቅድ ያዘጋጃል።

  1. የአስተዳደር ወሰንና የማንነት ጥያቄዎች

ማንኛውም የአስተዳደር ወሰን ውሳኔ፣ ራስን በራስ ማስተዳደርና የማንነት ጥያቄ በኮሚሽኑ ተጠንቶ አግባብነት ባላቸው ህጎች መሰረት ለፌዴሬሽን ምክር ቤት ቀርቦ እልባት ያገኛል፡፡

  1. ኮሚሽን አባላት አሰያየም

1/    የኮሚሽኑ አባላት ቁጥር በመንግስት የሚወሰን ይሆናል፡፡

2/    በኮሚሽኑ አባል ተደርገው የሚሰየሙ ግለሰቦች በስነ ምግባራቸው፣ በትምህርት ዝግጅታቸው፣ በስራ ልምዳቸው በማህበረሰቡ የተመሰገኑና መልካም ስም ያተረፉ ይሆናሉ፡፡

3/    የኮሚሽኑ ሰብሳቢ፣ ምክትል ሰብሳቢ እና ሌሎች አባላት በጠቅላይ ሚኒስትሩ አቅራቢነት በኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ የህዝብ ተወካዮች ምክር ቤት ይሰየማሉ።

  1. ኮሚሽኑ ስብሰባ

1/    የኮሚሽኑ መደበኛ ስብሰባ በየአስራ አምስት ቀኑ ይካሄዳል፣ ሆኖም እንደየ አስፈላጊነቱ በማናቸውም ጊዜ አስቸኳይ ስብሰባ ሊደረግ ይችላል፡፡

2/    ከኮሚሽኑ አባላት ከግማሽ በላይ የሚሆኑት ከተገኙ ምልዓተ-ጉባኤ ይሆናል፡፡

3/    የኮሚሽኑ ምክረሃ ሳቦች በስምምነት ያልፋሉ፡፡

4/    የዚህ አንቀጽ ድንጋጌዎች እንደተጠበቁ ሆኖ ኮሚሽኑ የራሱን የስብሰባሥነ-ሥርዓት ደንብ ሊያወጣይችላል፡፡

  1. የሰብሳቢ ስልጣንና ተግባር

የኮሚሽኑ ሰብሳቢ፡-

1/    አጠቃላይ የኮሚሽኑን የስራ እንቅስቃሴ በበላይነት ይመራል፤

2/    ለኮሚሽኑ አስፈላጊ የሆኑ የድጋፍ ሰጭ ሠራተኞችንይመድባል፤

3/    ኮሚሽኑን በመወከል ከሌሎች አካላት ጋር ግንኙነት ያደርጋል፡፡

  1. የምክትል ሰብሳቢ ስልጣንና ተግባር

የኮሚሽኑ ምክትል ሰብሳቢ፡-

1/    ሰብሳቢው በማይኖርበት ጊዜ ሰብሳቢዉን ተክቶ ይሰራል

2/    በሰብሳቢው የሚሰጡትንተግባራትይፈጽማል፡፡

  1. የኮሚሽኑ ጽህፈት ቤት

1/የኮሚሽኑ ዋና ጽህፈት ቤት አዲስ አበባ ሆኖ እንደ አስፈላጊነቱ በሌሎች የሀገሪቱ ክፍሎች ቅርንጫፍ ሊኖረው ይችላል፡፡

2/    የኮሚሽኑ ጽ/ቤት በመንግስት የሚመደብ የጽ/ቤት ሃላፊ ይኖረዋል፡፡

  1. የጽህፈት ቤትስልጣንናተግባር

የኮሚሽኑ ጽህፈት ቤቱ የሚከተሉት ስልጣንና ተግባራት ይኖሩታል፡-

1/    ለኮሚሽኑ አጠቃላይ የአስተዳደርና ፋይናንስ አገልግሎት ይሰጣል፤

2/    ለኮሚሽኑ የምርምርና ጥናት አገልግሎት ይሰጣል፤

3/    ለኮሚሽኑ የህዝብ ተሳትፎና ምክክር መድረኮችን የሎጅስቲክስ ድጋፍ ይሰጣል፤

4/    የኮሚሽኑን ቃለ ጉባኤዎችን፣ ውሳኔዎችንና ሰነዶችን አጠናቅሮ ይይዛል፤

5/    የኮሚሽኑን ስራ ለማሳለጥ አስፈላጊውን ድጋፍና እገዛ ያደርጋል።

  1. የጽህፈት ቤት ሃላፊ

1/    የጽ/ቤቱን ሰራተኞች እናሃ ብትያስተዳድራል፡፡

2/    ለኮሚሽኑ አባላት የሚሰጡትን የሴክሪታሪያል እና ሎጅስቲክ ድጋፎች በበላይነት ይመራል፡፡

3/    የኮሚሽኑ እቅድና በጀት ያዘጋጀል በኮሚሽኑ ሲጸድቅም ተግባራዊ ያደርጋል፡፡

4/    ጽ/ቤቱን በመወከል ከሶስተኛ ወገኖች ጋር ግንኙነት ያደርጋል፡፡

  1. የኮሚሽኑ ገለልተኝነት

ኮሚሽኑ ስራውን በነፃነትና በገለልተኝነት ያከናውናል።

  1. የኮሚሽኑየሥራ ዘመን

1/    የኮሚሽኑ አባላት የስራ ዘመን እስከ እስከ 3 ዓመት ነው።

2/    በዚህ አንቀፅ ንዑስ አንቀፅ(1) የተጠቀሰው ቢኖርም የኮሚሽኑ የስራ ዘመንን እንደ ሁኔታው የኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ የህዝብ ተወካዮች ምክር ቤት ሊያራዝመው ይችላል።

  1. የመተባበር ግዴታ

ማንኛውም ሰው ኮሚሽኑ በዚህ አዋጅ የተሰጠውን ሃላፊነት ለመወጣት በሚያደርገው እንቅስቃሴ ውስጥ ለሚያቀርበው ማንኛውም ህጋዊ እንቅስቃሴ ትብብር የማድረግ ግዴታ አለበት፡፡

  1. ጠቋሚዎችና ምስክሮችን ስለመጠበቅ

1/    ማንኛዉም ሰው በኮሚሽኑ ፊትቀርቦ በሚሰጠው ቃል መሰረት ክስ ሊመሰረትበት እንደዚሁም የሰጠው ቃል በእርሱ ላይ ማስረጃ ሆኖ ሊቀርብበት አይችልም፡፡

2/    ለጠቋሚዎችና ለምስክሮች ጥበቃ ለማድረግ የወጣ ሕግ ለኮሚሽኑ ቃላቸው እና መረጃ ለሚሰጡሰዎችም ተግባራዊ ይሆናል፡፡

  1. በጀት

የኮሚሽኑ በጀት በመንግስት ይመደባል፡፡

  1. ስለሂሳብ መዛግብት

1/    የኮሚሽኑ ጽ/ቤት የተሟላና ትክክለኛ የሆኑ የሂሳብ መዛግብት ይይዛል፡፡

2/    የኮሚሽኑ የሂሳብ መዛግብት እና ገንዘብ ነክ ሰነዶች በዋናው ኦዲተር ወይም ዋናው ኦዲተር በሚሰይማቸው ኦዲተሮች በየዓመቱ ይመረመራሉ፡፡

  1. ደንብና መመሪያ የማውጣትሥልጣን

1/    የሚኒስትሮች ምክር ቤት ይህንን አዋጅ ለማስፈጸም የሚያስፈልጉ ደንቦችን ሊያወጣ ይችላል፡፡

2/    ኮሚሽኑ ይህንን አዋጅና በዚህ አንቀጽ ንዑስ አንቀጽ (1) መሠረት የወጡ ደንቦችን ለማስፈጸም የሚያስፈልጉ መመሪያዎችን ሊያወጣ ይችላል፡፡

  1. አዋጁ የሚፀናበት ጊዜ

ይህ አዋጅ በፌዴራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የጸናይሆናል።

አዲስ አበባ፤  ….. ቀን 2011 ዓ.ም.

ሳህለወርቅ ዘውዴ

የኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ ፕሬዝዳንት

 

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