Mizan Law Review publishes peer reviewed scholarly articles that identify, examine, explore and analyze legal and related principles, stipulations and concepts based on research findings. Mizan’s articles aim at interpretation, description, exploration and diagnosis towards the solution of problems (or legal issues) including proactive critique and projection that assist the development of laws.(Source African Journals on-line http://www.ajol.info)
BETWEEN ‘LAND GRABS’ AND AGRICULTURAL INVESTMENT: LAND RENT CONTRACTS WITH FOREIGN INVESTORS AND ETHIOPIA’S NORMATIVE SETTING IN FOCUS
Elias N. Stebek
This article examines whether the land rent contracts and the Ethiopian legal framework on rural land use rights can assure win-win mutual benefits expected from large-scale land transfers to foreign investors. The article further examines the challenges in the realization of the Seven Principles for Responsible Agricultural Investments prepared by FAO, IFAD, UNCTAD and the World Bank Group as a framework of standards for the current global dialogue on large-scale farmland acquisitions. I argue that land-use insecurity in the Ethiopian context results from the extensive powers of executive offices that are empowered to dispossess holders and reallocate land to investors. These powers can be even more discretionary where land transfers are made without prior mapping and demarcation of protected forests and wildlife, and where registration and the issuance of land-holding certificates to smallholder farmers and pastoralists have not yet been made. The article suggests the need to rectify the gaps in the land transfer contracts and most importantly, the need to render the government a custodian (and not owner) of land in conformity with the FDRE Constitution and to ensure that the termination of land use rights is decided by courts so that executive offices would not perform the dual functions of revoking and reallocating rural land use rights.
THE POLITICS UNDERPINNING THE NON-REALISATION OF THE RIGHT TO DEVELOPMENT
Belachew Mekuria Fikre
The right to development stands out as one of the controversial rights ever since its articulation in the 1970s. The adoption of the 1986 United Nations Declaration on the Right to Development underlines the importance of international cooperation for it to be realised. I argue that the emphasis on ‘development aid’ rather than the broader ‘development cooperation’ has contributed a great deal to the politicisation of the right and consequently undermined its materialisation. Indeed, there is the need for semantic and conceptual clarity in the use of the term ‘international assistance and cooperation’ that has deceptively supplanted ‘international cooperation.’ While the former is a term used under Article 2(1) of the International Covenant on Economic, Social and Cultural Rights with a view to laying down the broader States Parties’ obligations, the latter is what the Declaration on the Right to Development exclusively employs. I argue that even if development assistance is indispensable, taking it as the sole approach to the realisation of the right to development is both wrong and unhelpful.
ETHIOPIAN LAW OF INTERNATIONAL CARRIAGE BY AIR: AN OVERVIEW
Hailegabriel G. Feyissa
Ethiopia’s aviation history goes back to the late 1920s. And, carriage of goods and passengers by air dates at least as far back as the 1940s – the decade which witnessed the establishment of Ethiopian Air Lines Corporation (now Ethiopian Airlines). Despite Ethiopia’s relative success in commercial aviation, domestic literature on commercial air law has been scanty. Court decisions involving air carriage are rare, and one can seldom find a course on air law in the curricula of Ethiopian law schools. This article is an attempt to briefly address the gap in literature and encourage further academic discourse on Ethiopian law of air carriage with particular attention to the law and practice regarding international carriage by air.
TO TAX OR NOT TO TAX: IS THAT REALLY THE QUESTION? VAT, BANK FORECLOSURE SALES, AND THE SCOPE OF EXEMPTIONS FOR FINANCIAL SERVICES IN ETHIOPIA
The Ethiopian Value Added Tax of 2002 follows the standard approach of exempting financial services from VAT. Not all ‘financial services’ are, however, exempted from VAT. A number of services provided by the financial institutions are made taxable by the VAT laws of Ethiopia. No subject in this regard has probably attracted as much attention and controversy as that of sale by foreclosure of property held as security by banks. Both sides (i.e., members of the financial industry and the tax authorities) seemed locked in their conviction over the treatment of foreclosure sales in VAT. Members of the financial industry (in particular banks) are convinced that foreclosure sales enjoy the privilege of exemption in VAT while some within the Tax Authorities are equally convinced that foreclosure sales should be chargeable with VAT. These controversies have played out in the courtrooms, the press and a number of communications between the Tax Authorities and the members of the financial industry. This article examines these controversies and analyzes the scope of exemptions for financial institutions under Ethiopian VAT laws.
New Land lease Proclamation No. 721 –2011
Federal Negarit Gazeta No.4 28th November, 2011
18th Year No.4
Addis Ababa 28th November, 2011
Proclamation No. 721/2011
A PROCLAMATION TO PROVIDE FOR LEASE HOLDING OF URBAN LANDS
Short title: Urban Lands Lease Holding Proclamation No. 721 /2011.
URBAN LAND LEASE PROCLAMATIONS No. 721 –2011 (DOWNLOAD pdf)
Click on the above link, which will take you to the file attachment page
Basic requirements for the formation of a consortium of Charities and Societies
Following the coming in to force of Charities and Societies Proclamation no. 621-2009, the executive organ has issued regulations and directives for the implementation of the law. The Council of Ministers, which is delegated with a general power of issuing regulations for the successful implementation of the proclamation, issued a regulation (Council of Ministers to provide for the registration and administration of Charities and Societies Regulation number 168/2009) providing for the basic rules of procedures and requirements governing registration and administration of charities and societies. However, the detail (in practical terms, these are the most important rules) are found in the directives issued by the Charities and Societies Agency. So far, the Agency has issued about eight directives (Unfortunately, all of them in the Amharic language only.)
- You can download seven of the eight directives from Consortium of Christian Relief and Development Association web site. Click HERE.
- Directive No. 2 is not available from the above link. You can down it from my Amharic blog በላ ልበልሃ. Click HERE.
The first directive of the charities and Societies Agency, (Directive No. of 2002) provides detailed rules of procedure and requirements necessary to form a consortium. The Charities and Societies Proclamation No.621/2009 generally gives recognition to the right of charities and societies to form a consortium to co-ordinate their activities, leaving the particulars to be determined by the Agency. (See Article 15 sub 3 and Article 55 sub 2 of the proclamation)
Similarly, Article 8 of Council of Ministers to provide for the registration and administration of Charities and Societies Regulation number 168/2009, lays down a general rule for the formation and registration of a consortium, which is also contained in the directive in a more detailed and elaborated manner.
The following brief note about the pre-conditions and procedures applicable to the formation of a consortium highly relies on the content of the directive. (Directive No. of 2002)
Who can establish a consortium?
Generally speaking, there are no restrictions on the types of charities and societies eligible to establish a consortium. However, the directive prohibits the establishment of a consortium as between charities and societies, if they are within a different category. Accordingly:
- Ethiopian Charities could not form consortium with Ethiopian Residents Charities or Foreign Charities
- Ethiopian Societies could not form consortium with Ethiopian Residents Societies
- Charities could not form consortium with Societies
The minimum number of members to establish a consortium is two. There is no legal limit as regards the maximum number.
Purpose of a establishing a consortium
Article 5 of the directive lays down the purpose of establishing a consortium, in broad and general terms. Accordingly, consortium may be established by charities and societies with a view to facilitate or co-ordinate their objectives and activities. When one compares the provisions of the proclamation and the regulation in this regard, they don’t employ the same language in describing the reason or ground of establishing a consortium. According to the proclamation, charities and societies may establish a consortium ‘to co-ordinate their activities.’ On the other hand, the regulation states that such a consortium may be established by charities and societies ‘in order to achieve their common objectives.’ This raises a question as to whether charities and societies not sharing any common objectives could be established simply to coordinate their activities.
In order to avoid any confusion in this regard, sub-article 2 of article 5 of the directives, lists down some of the acceptable grounds for establishing a consortium. Hence charities and societies mat establish a consortium to:
- Achieve their common objectives
- Share experiences, information and ideas
- Build capacity of members
- Developing ethical and professional capacity of members
- Tackle problems encountered by members, creating conducive environment, conduct consultation with relevant stakeholders
Pre-conditions for establishing consortium
The following requirements should be cumulatively fulfilled to establish a consortium
- Rules of the consortium signed by member constituting the consortium.
- Minute of members which contains their joint decision to establish consortium.
- Renewed license of each member issued by the agency or a regional agency authorized by law to issue license
- Minute of each member which contains a decision by its higher body to establish the consortium or a member of the consortium.
The content of Rules of a consortium
According to article 2(11) of the proclamation rules shall include the objects for which a Charity or Society is formed, or which it may pursue, or for which its funds may be applied; the qualifications for membership and for the holding of any office; the method of appointment or election to any office; the rules by which the Charity or Society is to be governed; and the method and manner by and in which any of the above matters may be amended.
Rules of a consortium should in the first place, contain the particulars listed down in article 6 of the registration and administration of charities and societies regulation no. 168/2009. Accordingly the rules of a consortium should contain the following particulars.
- Name, address and objectives of the consortium
- Organizational structure of the consortium
- Budget year
- The utilization and administration of the financial resources of the consortium
- Procedure through which officers of the consortium are elected or employed including their powers, functions and terms of office.
- The conditions on which membership or tenure of officers of the consortium cease
- Meeting and decision making procedure of the governing body and executive organs of the consortium
- Procedure through which the rules of the consortium are amended
- Sources of income of the charity
- Logo or symbol, if any
- Procedure to be applied in case of dissolution
The regulation authorizes the agency to prescribe additional particulars to be included in the rules of charities and societies. Similarly, such authorization also extends to the contents of the rules of a consortium.
Article 7 of the directive lists down additional particulars to be included by a consortium in addition to those required by regulation no. 168/2009.
Accordingly, the rule of a consortium shall contain the following particulars:
- Procedure for admission of membership
- Rights and duties of members
- Grounds of termination of membership
- Voting and meeting procedure of the general assembly
- Election and decision making procedure of the general assembly
- Contribution of members
- Conditions for dissolution of the consortium
Organizational structure and membership of consortium
Generally speaking, it is up to the members to device their own rules, regulations and procedures governing the internal matters of the consortium. However, the directive lays down some minimum requirements uniformly applicable to all consortiums as regards management and membership.
The management of any consortium should comprise of a general assembly, board of executives and an auditor. This is only a minimum requirement. A consortium could have additional organs, bodies or committee responsible for specific tasks.
The general assembly follows up and supervises the activities of the board of executives. The minimum number of the members of the board of executives is 5 (five) whereas, the general assembly should comprise of members twice the number of the board of executives. It is also possible to have more members on the general assembly. For instance, for a consortium having 8 (eight) members, the equivalent number of members on the general assembly is 16 (sixteen) or more than sixteen. But, it could not be less than sixteen.
All ordinary members of the consortium have equal voting right and representation in the general assembly. In additional to the ordinary members constituting the consortium, associate and honorary members who lack a voting right could also be admitted. The role and contribution of these members should not go beyond the objectives of the respective consortium or the spirit of the charities and societies proclamation.
Establishment and registration
Once a consortium is established by fulfilling the minimum conditions and requirements set by the proclamation and mainly by the directive, it has to be registered within three months by the Charities and Societies Agency. Registration endows the consortium a legal personality which shall be effective from the date of registration. The legal personality of the consortium is distinct from that of the constituting members. For all legal purpose, it shall be considered as having its own independent existence.
Revocation of Registration and Dissolution
Article 92 up to 94 of the charities and Societies proclamation is similarly applicable to a consortium as regards the grounds, procedures and effects of revocation of registration and dissolution. Members of the consortium may provide their own grounds and procedure for dissolution. However, at least 3/4th of the members of the general assembly should be present if a decision for dissolution is to be reached. Any such decision is void if the members present in the meeting are less than 3/4th of the total members of the general assembly. In case of dissolution, the higher authority of the consortium may decide for the partition of property, equally among members or transferring the whole asset and property to a consortium having similar objectives. In both cases, such decision has to be approved first by the Charities and Societies Agency to be effective.
Consortium of Consortiums
The directives allows for two types of associations. The first one is a consortium which is established by two or more individual charities and societies. Sometimes there might be a need to organize at a national level. Consortium of consortiums may become a preferred form of organization for such type wide-scale association. According to article 10 of the directives legally registered consortiums may again establish a consortium of consortiums “if it is proved that there is no other alternative other than establishing a consortium of consortiums.” The directive lacks clarity in the conditions that must be met before establishing a consortium of consortiums. It simply referes to the requirements, conditions and procedures of a consortium and makes them applicable mutatis mutandis to consortium of consortiums.
I think it is not too late to say merry Christmas. Merry Christmas for all!!
2011 was a wonderful year in my blogging activity. Here is a brief overview.
I started chilot.wordpress.com (now chilot.me) on January 18, 2011 (only days left to celebrate my first year.) During this one year, Ethiopian legal brief has grown significantly mostly in content and to some extent in quality. I would like to warmly thank all of you who have visited my blog, specially those of you who have active on my blog by posting constructive comments sending me encouragement, advice and even complaints.
Here is a brief overview my report in addition to the one prepared by wordpress.com
128 WordPress.com blog followers. 14 WordPress.com comment followers.WordPress tells me that all of my followers are now 440 (including 290 Twitter followers. 22 Facebook followers.
Total Comments: 225
views for the first month (i.e. January 2011) =121
views for the last month (i.e. December 2011)= 25, 345
Still not doing well on alexa, but just for the purpose of comparison:
Previous: alexa rank for chilt.wordpress.com = 25 million and no regional data.
Current: alexa rank for chilt.wordpress.com = 781,196 and 278 in Ethiopia.
Special thanks to:
- Aseged Engeda (Sacramento, US) who helped me get my own domain. (chilot.me)
- Ethiopian blog (http://ethiopian-blog.com/)
- danielberhan’s blog
- All of you who sent me feedback through contact me page.
- All of you who left your comment. Most of the comments came from the following visitors. Thanks again.
kebede 5 Kedir Mohammed 4 kaleab 4 temesgen berhanu 3 Adinew Lonseko Chinkiso 3 WONDIMU
The plan for 2012
Here is a brief outline of what I will be doing in 2012.
- Keep blogging
- Case comments on a regularly basis.
- Articles and legal analysis
- Moving to wordpress.org provided someone help me with online payment. The problem with me is not the cost, rather the mode of payment.
What follows is the annual report by worpress.com about Ethiopian legal brief.
The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.
Here’s an excerpt:
The Louvre Museum has 8.5 million visitors per year. This blog was viewed about 77,000 times in 2011. If it were an exhibit at the Louvre Museum, it would take about 3 days for that many people to see it.
About TADDESE LENCHO (profile is at the time this article written)
Currently a Lecturer, formerly the Associate Dean and Acting Dean of the Faculty of Law, Addis Ababa University; he holds LL.B (AAU), LL.M(University of Michigan Law School)
E-mail:email@example.com. r am grateful to all the assessors who kindly went through the draft version of this article and pointed to errors of one sort or 8Ilmher. Responsibility for al1 the errors that remain is all mine
JOURNAL OF ETHIOPIAN LAW
VOL. XXII No. 2
ETHIOPIAN BANKRUPTCY LAW: A COMMENTARY (PART I)
The bankruptcies came to us from Italy, bancorotto, bancarotta, gambarotta e la giustizia non impicar _. Every merchant had his bellch C banco..J in the place of exchange; and when he had conducted his business badly, declared himself Jallito and abandoned his property to his creditors with the proviso thai he retain a good part of it for himself, be free and reputed a very upright man. There was nothing to be said to him, his bench was broken, banco rotlo, banca rotla ; he could even, in certain towns, keep all his property and baulk his creditors, provided he seated himself bare-bottomed on a stone in the presence of all the merchants. This was a mild derivation of the old Roman proverb solvere aut in aere aut in cute-, to pay either with one’s money or one’s skill. But this custom no longer exists; creditors have preferred their money to a bankrupt’s hinder parts.
Voltaire, Philosophical Dictionary, ‘Bankruptcy’
It is no exaggeration to state that Ethiopian Bankruptcy Law (tucked away in the last Book of the Commercial Code) is the least known and hence the least practiced in Ethiopia. Since the coming into force of the Commercial Code in 1960, cases having to do with bankruptcy have been few and far in between.’ Why might this be? Is the defect in the law or in the economic environment? Is Ethiopian business environment immune from the natural laws of bankruptcy or has it always gone bankrupt without ever being noticed by the public or mediated by the law?’ The Economist magazine recently quipped that imagining capitalism (business enterprises) without bankruptcy is like imagining Christianity without hell. 3 Perhaps, that is what happened in Ethiopia.
The questions of why bankruptcy laws have become dormant are troubling questions. However, as troubling they are, they cannot be answered in categorical terms. An answer to these questions would require an extensive empirical study of the business environment and the historical factors that might have kept the bankruptcy laws of Ethiopia from having to see the light of the courts.
There is no shortage of theories as to why bankruptcy cases are not as common as the failure of businesses would suggest. One theory puts the blame on the freezing of commerce in the aftermath of the 1974 Ethiopian Revolution, tying the (mis)fortunes of the bankruptcy provisions to the Commercial Code in general.4 The problem with this theory is that it only explains why bankruptcy fell into disuse between 1974 and 1991. It does not explain the situation after 1991 when the economy of Ethiopia was more or less liberalized (seventeen years and counting!).
Another theory is lack of familiarity (of the legal community) with the provisions of bankruptcy in the Commercial Code. Lawyers are a critical piece in the application of the law. If lawyers do not know or understand the law, it is unlikely that the law will ever come to courts even if it were included in the Code. It is what Emperor Haile Sellassie J was emphasizing in his speech on the inauguration of the Journal of Ethiopian Law:
… We have observed that Ethiopia’s rapid progress demands the services of a large number of legal experts … capable of insuring the effective application of the laws
In a recent report commissioned by the USAID, this matter has been aptly emphasized:
There is little demand for change from the debtor side because so little is known about bankruptcy protection. The possibility of reorganization or’ protection arises not only from law, but from knowledge of the law, and that is quite limited.
The third theory points to the foreclosure laws and practices of Ethiopia as probable reasons for the eclipse of bankruptcy. According to the USAJD Commissioned report:
lenders are using foreclosure law and practice instead of bankruptcy. Secured lenders can institute accelerated proceedings to repossess and liquidate security and do not need to start a bankruptcy action. Frequently, borrowers are’ captive to a single lender, with few other commercial obligations than their bank loan, so that foreclosure effectively deals with most of the debtor’s liabilities, although it does not permit rehabilitation or reorganization and often results in liquidation. 7
Foreclosure powers were granted to banks and selected other creditors only in the last decade and could not entirely explain why bankruptcy practices are not so common.8 It is perhaps nearer to the truth to conclude that multiple factors were conspiring to keep bankruptcy out of the limelight of the practice.
Although cases of bankruptcy have rarely been taken to courts, there are several reasons why one should write about Ethiopian bankruptcy law. First, it is barely known even among the otherwise savvy and seasoned lawyers of Ethiopia. Second, it has now been offered as an independent course for the last five or so years without any reference material. And lack of reference material is always a legitimate inspiration for writing (even if it were just an article). Third, since 1991, Ethiopia has taken on an economic policy whose driving engine is the participation of the private sector, and the private sector needs laws not just for its formation but also for its orderly winding up and possibly for its rehabilitation after bankruptcy.’ It is not that Ethiopia lacks these laws but they are unknown even among those who earn a living from their knowledge of the law.
This commentary is divided into two parts. In the first part, I intend to treat subjects like the background of Ethiopian bankruptcy law, its organization and structure, scope and meaning, and the tests for commencement of bankruptcy under Ethiopian bankruptcy law. In the second part, I intend to throw light on some of the other basic features of Ethiopian bankruptcy law and related subjects of composition and schemes of arrangement.
At the end of each part, I will provide some concluding remarks on what I think would be striking features of Ethiopian bankruptcy law. For these commentaries, I have relied upon as wide a range of literature on the subject of bankruptcy as I could get my hands on. But as repeated quotes and references in the footnotes show, I am indebted primarily to the 2005 UNCITRAL Legislative Guide on Insolvency Law of 2005 (hereinafter simply ‘UNCITRAL’ Guide’).l0 As far as I am concerned, ‘UNCITRAL Guide’ offers the latest and most comprehensive reference on the subject of bankruptcy. The ‘UNCITRAL Guide’ also provides alternative approaches on controversial points of bankruptcy, something one can rarely find in many other sources. .
DOWNLOAD the pdf version of Corrigenda to proclamations and Regulations.
“A corrigendum of a legislative text is conventionally thought of as a mere rectification of obvious typing mistakes. It is done after the publication of a legislative text. Its purpose is to realign the published legislative text with the original will of the legislative body by removing mistakes that occurred in the publication process. A corrigendum does not contain any provisions on validity or entry into force. It derives its authority from the text it rectifies, including its legitimacy, legal force and the provisions on its temporal application.” Corrigenda in the Official Journal of the European Union: Community Law as Quicksand (Michal Bobek)
The term corrigendum (plural corrigenda) generally refers to an error that is to be corrected in a printed work after publication. It may also be used to denote list of errors in a printed work as a separate page of corrections, known as an errata page. Merriam Webster(online dictionary) defines corrigendum as “ an error in a printed work discovered after printing and shown with its correction on a separate sheet” \
In the following list you will find corrrigenda to proclamations and regulations. According to article 11(b) of House of Peoples’ Representatives working procedure and members’ code of conduct (amendment) proclamation no. 470/2005 the power to ‘undertake the technical correction, where deemed necessary’ is an exclusive power of the speaker of the house. There is no monitoring procedure to ensure that any ‘correction’ introduced by the speaker does not alter or change the substantive content of the proclamation. What is worse, those errors to be rectified by the speaker are not the ones which are detected after publication. Article 11(b) of proclamation no. 470/2005 empowers the speaker to make correction prior to the publication of the proclamation in the Negarit Gazetta. This in effect means that the speaker of the house holds a law making power in the name of correcting errors. Any error before publication is an exclusive matter to be dealt to the house itself. Even though the basic purpose of corrigenda is to ensure that the published text is similar with the draft approved by the house, Ethiopian law making procedure deviates from the basic rules and principles of legislation acceptable in all legal systems.
The Council of Ministers does not have any legislative procedure which is official to the public and approved by law. Hence, no knows who actually makes correction to regulations.
Corrigenda to proclamations
1. Corrigendum No. 1/1998 English version
[Repealed by Property Mortgaged or Pledged with Banks (Amendment) Proclamation No. 216/2000]
[Business Mortgage Proclamation No. 98/1998]
Property Mortgaged or Pledged with Banks Proclamation No. 97/1998 is hereby corrected by:
1. omission of the “,” after the word “buyer”, in Article 3, and insertion thereinafter of the phrase “or to take over the property, in consideration of its estimated value as specified in the contract of loan, and have the ownership thereof registered in its own name; in cases where bidders fail to appear upon a secon4 public auction having been held.”; and
2. omission of the “.” at the end, of Article 4, and addition thereinafter of the phrase “or take over the property, in consideration of its estimated value as specified in the contract of 19an,and have the ownership thereof registered in its own name; in cases where bidders fail to appear upon a second public auction having been held.”
2. Corrigendum No. 2/1999 Amharic and English version
[Ethiopian National Archives and Library Proclamation No. 179/1999]
The “2%” in “Article 8(2)” under Article 2(2) of the Investment (Amendment) Proclamation No. 168/1999 shall read “27%”.
3. Corrigendum No. 4/2009 Amharic and English version
[Federal Government of Ethiopia Financial Administration Proclamation No. 648/2009]
The statement under Article 60 of the Ethiopian Building Proclamation No. 624/2009 stated as “This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta” shall be read as “This Proclamation shall come into force after one year from the date of its publication in the Federal Negrit Gazeta.”
4. Corrigendum No. 4/2009 Amharic and English version
[Ethiopian Building Proclamation No. 624/2009]
In this Proclamation the statement under Article 60 stated as “ This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta” shall be read as “This Proclamation shall come into force after one year from the date of its publication in the Federal Negrit Gazeta.”
5. Corrigendum No. 5/2009 English version
[Transaction of Precious Minerals Proclamation No.651/2009]
The English version of Article 23 (1) of the Banking Business Proclamation No. 592/2008 which reads in its second line as “…. The international financial statements standards ….” Is hereby corrected and shall be read as “…international financial reporting standards..”
6. Corrigendum No. 6/2009 English version
[Transaction of Precious Minerals Proclamation No.651/2009]
The English version of the Micro-Financing Business Proclamation No.626/2009 writes the number Article “25” two times, accordingly the latter Article “25” is hereby corrected as Article “26”. Similarly the English version of this same Article 26 in the last paragraph of its sub article (1) which reads as “Birr 500,000” is hereby corrected and shall be read as “Birr 50,000
7. Corrigendum no. 1/2001 Amharic and English version (Amharic corrigenda is from the English corrigenda)
[Ethiopian National Security Council Establishment Proclamation No. 257/2001]
The Fuel price stabilization Fund Establishment Proclamation No. 247/2001 is hereby corrected as
follows: The word “from” after “working days” in Sub- Article (2) of Article 5 is deleted, and the phrase’ ‘of the month next to” is inserted therein.
8. Corrigendum No. 1/2002 Amharic and English version (Amharic corrigenda is from the English corrigenda)
[National Agricultural Input Authority Establishment Proclamation No. 288/2002]
The “Five (5) years” after the word “next” in sub-Article (1) of Article 28 of the Income Tax Proclamation No. 286/2002 shall read “three (3) years.”
9. Corrigendum No. 7/2010 Amharic and English version
[Income Tax (Amendment) Proclamation No.693 /2010]
Article 38 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia which reads “This Proclamation shall come into force a year after its publication in the Federal Negarit Gazeta.” is hereby corrected and shall be read as “This Proclamation shall come into force on the date of publication in the Federal Negarit Gazeta.”
Corrigendum to Regulations
Corrigendum No. 1/1999 Amharic and English version
[Electricity operations Council of Ministers Regulations No. 49/1999]
The Customs Tariffs Council of Ministers (Amendment) Regulations of 25 December, 1998 is hereby corrected as follows:
a) the issue number “5thyear No. 27″ shall read “5th year No. 51″; and
b) the page numbers “942″ and “943″ shall read “1025″ and “1026″ respectively.
Repeal of Corrigendum No. 1/998
Property Mortgaged or Pledged with Banks (Amendment) Proclamation No. 216/2000
The Property Mortgaged or Pledged with banks Proclamation No. 97/1998 is hereby amended as follows:
I) The correction made to Article 3 of Proclamation under paragraph (1) of Corrigendum No. 1/998 is hereby deleted and the phrase “or if no buyer appears at the second auction, to acquire the property at the t100r price set for the first auction and have the ownership of the property transferred to it” is inserted after the word’ ‘buyer” on the eighth line of the Article.
2) The correction made to Article 4 of the Proclamation under paragraph (2) of Corrigendum No. 1/1998 is hereby deleted and the phrase’ ‘or if no buyer appears at the second auction, it may acquire the property at the floor price set for the first auction and have the ownership of the property transferred to it” is added after the word.. “buyer” at the end of the Article.
ማረሚያ በአማርኛው ቅጂ ላይ
[አዋጅ ቁጥር 351/1995 የከፍተኛ ትምህርት አዋጅ]
1) አዋጅ ቁጥር 354/1995 ከገጽ 2368-2373 ተብሎ የወጣው የኢሚግሬሽን አዋጅ ገጽ ቁጥሩ የተጻፈው በስህተት ስለሆነ ገጽ ቁጥሩ ከ2268-2273 ተብሎ ይነበብ፡፡
2) የኢትዮ-የመን የኢኮኖሚ የሳይንስ፤ የቴክኒክ ትብብርና የንግድ ግንኙነት ስምምነት ማጽደቂያ አዋጅ ቁጥሩ 174/1962 ተብሎ የተባለው በስህተት ስለሆነ አዋጅ ቁጥሩ 174/1991 ተብሎ ይነበብ፡፡
ማረሚያ ቁጥር 1/1994
[አዋጅ ቁጥር 257/1994 የኢትዮጵያ ብሔራዊ ደህንነት ምክር ቤት ማቋቋሚያ አዋጅ]
የነዳጅ ዋጋ ማረጋጊያ ፈንድ ማቋቋሚያ አዋጅ ቁጥር 247/1993 ከዚህ የሚከተለው እርምት ተደርጎበታል
በአንቀጽ 5 ንዑስ አንቀጽ (2) “እ.ኤ.አ.” ከሚለው ቀጥሎ “የሚቀጥለው ወር” የሚል ተጨምሮ ይነበብ
ማረሚያ ቁጥር 1/1994
[አዋጅ ቁጥር 288/1994 የብሔራዊ የግብርና ግብዓት ባለስልጣን ማቋቋሚያ አዋጅ]
የገቢ ግብር አዋጅ ቁጥር 286/1994 የሚከተሉት እርማቶች ተደርገውበታል፡፡
- አንቀጽ 13 (መ) “ከገቢ” ከሚለው ቀጥሎ “ግብር”የሚል ቃል ተጨምሮ ይነበብ
- አንቀጽ 87 ከንዑስ አንቀጽ (2)(ሀ) ቀጥሎ፤ “ለ) 20 ሺ ብር” የሚል ተጨምሮ ይነበብ::
ማረሚያ ቁጥር 2/1991
[አዋጅ ቁጥር 179/1991 የኢትዮጵያ ብሔራዊ ቤተ መዛግብትና ቤተ መጻሕፍት አዋጅ]
በኢንቨስትመንት /ማሻሻያ/ አዋጅ ቁጥር 168/1991 አንቀጽ 2(2) ስር ባለው “አንቀጽ 8(2)” “2 ፐርሰንት” የሚለው “27 ፐርሰንት” ተብሎ ይነበብ
የኢንቨስትመንት (ማሻሻያ) አዋጅ ማውጫው ስር የእንግሊዝኛው ቅጂ 373/2003 የተባለው በስህተት ስለሆነ 375/2003 ተብሎ ይነበብ
ማረሚያ ቁጥር 4/2001
[አዋጅ ቁጥር የኢትዮጵያ ሕንጻ አዋጅ]
በዚህ አዋጅ አንቀጽ 60 “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የጸና ይሆናል” የሚለው “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ አንድ ዓመት ካበቃ በኋላ ተፈጻሚ ይሆናል” በሚል ይነበብ፡፡
ማረሚያ ቁጥር 4/2001
[የኢትዮጵያ ፌደራል መንግስት የፋይናንስ አስተዳደር አዋጅ 648/2001]
በኢትዮጵያ የህንጻ አዋጅ ቁጥር 624/2001 አንቀጽ 60 “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የጸና ይሆናል” የሚለው “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ አንድ ዓመት ካበቃ በኋላ ተፈጻሚ ይሆናል” በሚል ይነበብ፡፡
[አዋጅ ቁጥር 374/1996 ቅርስን በሕገወጥ መንገድ ከሀገር ማስወጣትን፣ ወደሀገር ውስጥ ማስገባትንና ባለቤትነት ማዞርን ለመከላከል የተደረገውን ዓለም አቀፍ ስምምነት ለማጽደቅ የወጣ አዋጅ]
የኢንቨስትመንት (ማሻሸያ) አዋጅ ማውጫው ስር የእንግሊዝኛው ቅጂ 373/2003 የተባለው በስህተት ስለሆነ 375/2003 ተብሎ ይነበብ፡፡[iii]
ማረሚያ ቁጥር 7/2003
[የገቢ ግብር /ማሻሻያ/ አዋጅ 693/2003]
የኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብ ሊክ አስፈፃሚ አካላትን ሥልጣንና ተግባር ለመወሰን በወጣው አዋጅ ቁጥር 691/2003 አንቀፅ “8 “ይህ አዋጅ በፌዴራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ከአንድ አመት በኋላ ጀምሮ የፀና ይሆናል፡፡” የሚለው “ይህ አዋጅ በፌዴራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የፀና ይሆናል፡፡” ተብሎ ይነበብ፡፡
Regulation no. 163-2009 Wildlife Development, Conservation and Utilization
Proclamation no. 660 A PROCLAMATION TO PROVIDE FOR APICULTURE RESOURCES DEVELOPMENT AND PROTECTION
[Article] 8. Penalty
Unless it requires higher penalty under the criminal law:
1/ Any person who undertakes commercial beekeeping or queen rearing or who found in act of without written permit from supervising authority in rehabilitation area closure or community forest or state forest or wildlife parks and reserve areas is punishable with a fine from Birr 2,000 to Birr5,000 or imprisonment up to one year or both.
2/ Any person who exercise improper handling of data and information on activities related to beekeeping and processing and discourages furnishing of data and information when requested or transport honeybee colonies without covering with mesh wire or kaki fabric and take a stop at locations of human and animal traffic areas is punishable with a fine from Birr 1,500 to Birr 3,000 or imprisonment from six months up to one year or both.
3/ Any person who commits hazard on natural habitat while operating beekeeping or cause to spread honeybee diseases to healthy colonies or induce harm on beekeeping and bee products due to improper use of pesticides or cause damage on the honeybee colonies and ecology of the area due to fire hazard while honey hunting is punishable with a fine from Birr 5,000 to Birr 10,000 or imprisonment from three up to seven years or both.
4/ Any person who defy, threatens or put in danger the supervising authority is punishable with a fine from Birr 2,000 to Birr 5,000 or imprisonment from two up to five years or both.
5/ Any person who found in act of processing, transporting or market supplying to the market place or consumer market sale or transfer of adulterated, contaminated or poisoned bee products is punishable with a fine from Birr 10,000 to Birr 15,000 or imprisonment from five up to ten years or both
6/ Any person who imports or exports or attempts to import or export live bee species or honeybee races or used beekeeping equipment or goods without the operating permits or contrary to the conditions thereof, or any person who commits or attempts any honeybee races smuggling is punishable with a fine from Birr 15,000 to Birr 20,000 or imprisonment from ten up to fifteen years or both.
7/ Any person who violates the provisions of this Proclamation or any regulations and directives to be issued according to this Proclamation or causes any obstruction in the implementation process is punishable with imprisonment up to five years.
Proclamation no 602 A PROCLAMATION TO PROVIDE FOR COFFEE QUALITY CONTROL AND MARKETING
[Article] 15. Penalties
1/ Any coffee processor who fails to comply with the appropriate technical procedures and thereby causes damage to the quality of the coffee or the local community shall have his processing plant closed and be prohibited from transporting his coffee to transaction centers, and unless punishable by greater penalty as per any other relevant law, be penalized by a fine of Birr 20,000 and an imprisonment of not less than one year but not exceeding three years.
2/ Any person engaged in coffee transaction outside transaction centers established by the Ministry or by an appropriate regional body or the Ethiopia Commodity Exchange shall, in addition to confiscation of his coffee, unless punishable with a greater penalty as per any other relevant law, be penalized by a fine of Birr 20,000 and an imprisonment of not less than one year but not exceeding three years.
3/ Any person who, without notifying the appropriate body, stores and tenders for sell coffee outside the authorized time and place, shall, in addition to confiscation of the coffee, unless punishable with a greater penalty as per any other relevant law, be penalized by a fine of Birr 30,000 and in imprisonment of not less than one year but not exceeding three years.
4/ Any person who unlawfully or in an inappropriate manner transports coffee shall, in addition to confiscation of the coffee, unless punishable with a greater penalty as per any other relevant law, be penalized by a fine of Birr 50,000 and an imprisonment of not less than three years but not exceeding five years.
5/ Any person who sells unfrosted coffee or processed roasted coffee that is of export standard in the domestic market shall, in addition to confiscation of the coffee, unless punishable with a greater penalty as per any other relevant law, be penalized by a fine of Birr 50,00 and an imprisonment of not less than three years but not exceeding five years.
6/ Any person who owns a vehicle apprehended transporting illegal coffee, shall, in addition to confiscation of the coffee, unless punishable with a greater penalty as per any other relevant law, be penalized by a fine of Birr 50,000 and an imprisonment of not less than three years but not exceeding five years;
7/ Any person who commits any manipulative act in relation to coffee quality and marketing, shall, unless punishable with a greater penalty as per any other relevant law, be penalized by a fine of Birr 50,000 and an imprisonment of not less that three years but not exceeding five years;
8/ Any person who illegally diverts and transports coffee legally authorized for transportation to the appropriate inspection centers or to the auction centers or to the Ethiopia Commodity Exchange shall, unless punishable with a greater penalty as per any other relevant law, be penalized by a fine of Birr 100,000 and an imprisonment of not less that five years but not exceeding ten years.
The Federal First Instance Court shall have jurisdiction on criminal matters provided under Article 15 of this Proclamation.
Proclamation no. 542 A PROCLAMATION TO PROVIDE FOR THE DEVELOPMENT CONSERVATION AND UTILIZATION OF FORESTS
[Article] 20. Penalty
Unless otherwise the offence committed is punishable with greater penalty by the criminal law,
1/ Except pursuant to this proclamation and directives issued here in under, cuts trees or removes, processes or uses in any way forest products from a state forest shall be punishable with not less than 1 year and not exceeding 5 years imprisonment and with tine Birr 10,000.
21 Destroy, damages or falsify forest boundary marks shall be punishable with not less than 1 year and not exceeding 5 years rigorous imprisonment;
3/ Causes damages to a forest by setting fire or in any other manner shall be punishable with not less than 10′ years and not exceeding 15 years rigorous imprisonment;
41 Settles or expands farmland in a forest area
. without permit or undertakes the construction of any infrastructure in a forestland without
having the necessary permit shall be punishable with not less than 2 years imprisonment and with fine Birr 20′,0’0’0′;
51 Provides assistance in any form to those who illegally cut forest trees or transport forest products to hide or take away the forest products shall be punishable with 5 years imprisonment and with fine Birr 5,0’0’0′;
6/ Commits a fault that are not mentioned from Sub-
Article (1) to (5) here in above and for which punishment is not imposed shall be punishable with not less than 6 months and not exceeding 5 years imprisonment and with fine Birr 30,000;
21. Speedy Trial
1/ In case. of a flagrant offence committed in violation of this proclamation the offender shall be taken immediately to the nearest police station and charged, and the Criminal Procedure Code shall be applied.
2/ Illegally obtained forest products, shall, together with the vehicle or pack animal used to transport them, be taken to the police station and registered as exhibit.
3/ Upon completion of the process under Sub Article (2) of this Article, the means of transport shall be released and the forest product shall stay seized until court decision is given thereon.
Proclamation no 541 A PROCLAMATION TO PROVIDE FOR THE DEVELOPMENT CONSERVATION AND UTILIZATION OF WILDLIFE
[Article] 16. Penalty
1/ Unless it entails higher penalty under the criminal law:
a) any person who:
( i) commits an act of illegal wildlife hunting or trade;
(ii)carries out unauthorized activities within wildlife conservation areas or causes, in whatever way, damage thereto; or
(iii)is found in possession of wildlife or wildlife products without having a permit;
shall be punished with fine not less than Birr 5000 and not exceeding Birr 30,000 or with imprisonment not less than one year and not exceeding five years or with both such fine and imprisonment.
(b) any person who commits other offences in violation of the provisions of this Proclamation or regulations or directives issued hereunder shall be punished with fine not less than Birr 500 and not exceeding Birr 3,000 or with imprisonment not less than one month and not exceeding six months or with both such fine and imprisonment.
2/ Where a court passes a sentence pursuant to Sub-Article (1) of this Article, it shall, in addition to the sentence, order the confiscation of the wildlife or wildlife products which are the proceeds of the offence together with the weapon with which the offence is committed.
3/ The Ministry or the concerned regional organ may, as appropriate:
(a) sale, transfer to a scientific purpose, to academic institution or destroy the confiscated wildlife or wildlife product;
Proclamation no.315/2003 FISHERIES DEVELOPMENT AND UTILIZATION PROCLAMATION
[Article]16. Offence and Penalty Any person who:
1) is convicted of importing and/or introducing live fish into the waters of Ethiopia or same out of the
country or transfers same from one water body to another without a permit or in contravention to the terms of the permit shall be punished with imprisonment for not less than a year and not exceeding three years or with a fine up to Birr 10,000 (ten thousand Birr) or with both.
2) commits an offence other than those prescribed in Sub-Article (1) of this Article in contravention to this proclamation as well as regulations and directives issued hereunder shall be punished according to the penal code of Ethiopia.
17. Other Sanctions
1) Where any person is convicted of an offence in contravention of this proclamation the court may, in addition to any other penalty imposed ‘on the accused, order:
(a)the forfeiture of any fishing boat and/or gear used in the commission of the offence.
(b)the forfeiture of any poison, explosives or any other equipment or substance which has been unlawfully used for fishing.
(c) the suspension or cancellation of any fishing or fish trade permit.
2) Where, following a conviction, any goods seized are not ordered to be forfeited and if any fines remain unpaid within 30 days of the conviction, such goods may be sold and the proceeds shall be used to cover the fines.
3) Where, following a prosecution, an accused person is acquitted, any seized fishing gear or other goods shall be returned to the person. If what has been seized is fish, the proceeds that have been realized from the sale shall be given back to the person.
18. Presumptions of Commission of an Offence
1) Any person who, with out good cause, is found in possession of explosives. ammunition. devices capable of producing electric shock. poison or fish narcotizing plants on the waters of Ethiopia. their shores or banks shall be presumed to be undertaking an unlawful activity in contravention to Article 5 sub-Article (7) of this proclamation.
Proclamation no. 206/2000 SEED PROCLAMATION
[Article] 34. Penalties
1) Any person who:
(a) intentionally offers for sale or sells below standard or unregistered seed shall be punished with imprisonment of not less than 10 years and not more than 15 years and with a fine of not less than Birr 50 thousands and not more than Birr 100 thousands.
(b) offers for sale or sells seed in violation of Article 17 of this Proclamation shall be punished with imprisonment of not less than g years and not more than 10 years and with a fine of not less than Birr 50 thousands and not more than 100 thousands.
(c) gives or offers a gift or any other benefit to cause the commission of fraudulent act on seed production, processing, export, import, distribution, retail sell and quality control process shall be punished with rigorous imprisonment of not less than eight years and not more than ten years and with a fine of not less than Birr 50,000 and not more than 100 thousands.
(d)knowingly offers for sale or sells seed in bags which do not comply with the standard shall
be punished with imprisonment of not less than 3 years and not more than 5 years and with a fine of not less than Birr 15 thousands and not more than 25 thousands.
(e) intentionally alters the sample drawn or delivered for test and thus resulting in an incorrect representation of the produce, shall be punished with imprisonment of not less than 2 years and not. more than 5 years and with a fine of not less than Birr 20 thousands and not more than 30 thousands.
(f) offers for sale or sells seeds in bags whose labeling and packaging do not comply with the standard and the weight of the seed in the bags is less than the amount paid for it, shall be punished with imprisonment of not less than 2 years and not more than 5 years and with a fine of not less than Birr 10 thousands and not more than 20 thousands.
(g) intentionally opens a store sealed by inspector shall be punished with imprisonment of upto2 years and .with. fine of not less than Birr 10 thousands and not’ more! than 20 thousands.
(h)refuses. to cooperate and provide information/ data when requested by the Agency’s Inspector who is exercising his powers and duties pursuant to this Proclamation shall be punished with imprisonment of not more than
1 year and with a fine of not less than Birr 5 thousands and not more than 10 thousands.
(i) violates Sub Articles (1), (a),(b),(d) and (t) of this Article will b~ confiscated.
2) Any official or Personnel of the Agency who:
(a) ‘by, directly or indirectly, receiving a bribe or any other benefit or on grounds of relation, intentionally or negligently supplies or causes the supply of a certificate or verification with regard to seed production, processing, export, import, distribution, retail, sell and quality control process based on a false or deceitful document or;
(b)with the intent to receive a bribe or any other benefit or to injure other person, holds or
delays the decision or action on request or a case that is brought before him in his official capacity;
shall be punished with imprisonment of not less than 10years and not more than 15years and a tine of not less than Birr 50 thousands and not more than 100 thousands.
3)Any person or organization delegated or authorized by the Agency to implement seed quality control activities and who:
(a)by, directly or indirectly, receiving a bribe or any other benefit gain or on grounds of relation, intentionally or negligently issued or causes the issuance of a certificate or verification with regard to seed production, processing, export, import, distribution, retail sell and .quality control process based on a false or deceitful document, or
(b)with the intent to receive a bribe or any other benefit or to injure other person, holds or delays the decision or action on request or a case that is brought before him in his official capacity;
shall be punished with imprisonment of not less than 10years and not more than 15years and a fine of not less than Birr 50 thousands and not more than 100 thousands. The delegation or authorization shall also be cancelled.
4)Any person who misrepresented himself to be an inspector of the Agency or hinders or obstructs an inspector in the exercise of his powers and duties shall be punished with imprisonment of not less than I year and of not exceeding three years and a fine of not less than Birr 5 thousands and not exceeding Birr 15 thousands.
Proclamation no. 238/2001 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE ETHIOPIAN AGRICULTURAL SAMPLE ENUMERATION COMMISSION
Any person who:
I) is unwilling to furnish information regarding Agricultural Sample Enumeration or furnishes false information of same or;
2) obstructs the Agricultural Sample Enumeration by refusing to allow entry to property as referred to under Article 12(3) of this Proclamation shall, upon conviction, be liable to a fine of not exceeding Birr 150.00 (one hundred fifty Birr) or to an imprisonment not exceeding one month.
Proclamation no. 197/2000 ETHIOPIAN WATER RESOURCES, MANAGEMENT PROCLAMATION
 Article 12(3) Any owner, holder keeper, or agent of a premise, a land, livestock, agricultural implements, or machinery thereto, shall have the obligation to allow entry to such property to the Agricultural Sample Enumeration enumerator or supervisor bearing an identification card issued by the Authority.