ESTABLISHMENT OF AN INQUIRY COMMISSION TO INVESTIGATE THE CONFLICT OCCURRED IN GAMBELA REGIONAL STATE ON DECEMBER 13, 2003 PROCLAMATION NO. 398-2004


PROCLAMATION NO. 398/2004

A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF AN INQUIRY COMMISSION TO INVESTIGATE THE CONFLICT OCCURRED IN GAMBELA REGIONAL STATE ON DECEMBER 13, 2003

   WHEREAS, it is necessary to investigate and establish the source of the problem and its consequences of the confused occurred in Gambela Regional State on December 13,2003 ;

    WHEREAS, investigating the incident that occurred in Gmbela is deemed necessary to give a lasting solution by taking precautionary measures to avert the occurrence of similar incidents in the future;

   WHEREAS, it is necessary to ascertain the exact situation by establishing an independent commission that will investigate the incident;

   NOW, THEREFORE, 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 “An Inquire Commission to Investigate the Conflict Occurred in Gambela Regional State on December 13, 2003   Establishment Proclamation No. 398/2004.”

2.   Establishment

       An Inquire Commission here in after reffered as “the commission” that will investigate the conflict occurred in Gambela Regional State on 13th December 2003 and matters related thereto and that will report its findings is herby established.

3.    The Objective of the Commission

The objective of the Commission is to investigate the incident that occurred in Gambela Regional State and submit a report to the House of Peoples Representatives.

4.     Powers of the Commission

  1. The Commission shall investigate:

a)      The causes of the conflict and the factors that aggravated it.

b)      The bodies or individuals that are responsible for causing and aggravating the conflict.

c)      The consequences of the conflict.

  1. In order that the Commission be able to properly discharge this most important national duty:
    1. order the production of documents in the possession of any organization or individual if it deems such document is necessary for its work.
    2. summon individuals or organizations that have relevant information and order them to give their statements.
    3. For the proper discharge of its duties, it can require the necessary professional, material and other cooperation from any organ.
  1. It has the responsibility of accepting relevant information presented to it by a concerned individual or body.
  2. It shall draw a detailed work plan and rules of procedure.

5.   Members of the Commission

1.The Commission shall have seven members including the chairman. Who shall be nominated by the Legal and Administration Affairs Standing Committee and appointed by the House of Peoples Representatives.

2. The secretary of the Commission shall be elected  by the Chairman among its members.

6. Budget and Manpower

The necessary staff, budget and office shall be provided to the commission by the House of Peoples Representatives.

7.  Submission of Report

1. The Commission shall submit the Report of its findings within two months. However, if it needs more time to complete its work it will request an extension from the Speaker of the House who could grant such an extension for not more than one month upon his discretion.

2. If an extension of more than one month is required the matter shall be decided by the House of Representatives.

8.  Duty to Cooperate

Any individual or body has the duty to cooperate with the Commission in the discharge of its duties.

9.  Penalty

Any individual or organization who does not comply with the summons or order or who in any way whatsoever impedes or attempts to impede the work of the Commission is punishable under the relevant provisions of the Penal Code.

10.  Effective Date

This Proclamation shall come into force on 8th April, 2004.

Done at Addis Ababa, this 8th  day of April, 2004.

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL

      DEMOCRATIC REPUBLIC OF ETHIOPIA

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