Tag Archives: ethiopia

New Proclamations and Regulations 2013/14


Proclamations

Proclamation No. 808/2013 Information Network Security Agency Re-establishment Proclamation DOWNLOAD

Proclamation No. 810/2013 Energy Proclamation DOWNLOAD

Proclamation No. 811/2013 Trucks Demurrage Proclamation DOWNLOAD

Proclamation No. 812/2013 Export – Import Bank of China Loan Agreement Periods Additional Loan for Addis Ababa Adama Toll Motorway Design and Build and a Loan for Addis Ababa Toll Motorway Phase II Project Ratification Proclamation DOWNLOAD

Proclamation No. 815/2013 Bilateral Air Service Agreement Between the Government of the Federal Democratic Republic of Ethiopia and the Government of the Republic of Senegal Ratification Proclamation DOWNLOAD

Proclamation No. 818/2014  Urban Land Registration Proclamation DOWNLOAD
Proclamation 823/2014 International Development Association Financing Agreement for Financing the Second General Education Improvement Project II, Ratification Proclamation DOWNLOAD

Proclamation 824/2014 International Development Association Financing Agreement for Financing the Sustainable Land Management Project II , Ratification Proclamation DOWNLOAD

 

Regulations

 

Regulation No. 298/2013 Public Service Employee’s Transport Service Enterprise Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 299/2013 Food, Medicine and Health Care Administration and Control Council of Ministers Regulation DOWNLOAD

Regulation No. 300/2013 Insurance Fund Administration Agency Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 301/20 13 Ethiopian Public Health Institute Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 302/2013 Ethiopian Electric Power Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 303/2013 Ethiopian Electric Utility Establishment Council of Ministers Regulation DOWNLOAD

 

U.S. prosecutors urge 22 years for brutal Ethiopian prison guard – The Denver Post


U.S. prosecutors urge 22 years for brutal Ethiopian prison guard – The Denver Post.

Kefelgn Alemu Worku, an Ethiopian who tortured and killed during a period of political turmoil in the African nation, should get 22 years in a U.S. prison — the maximum sentence allowed for his immigration fraud conviction, prosecutors said in a court document.

“Justice demands nothing less,” according to a sentencing statement filed in U.S. District Court in Denver.

Federal sentencing guidelines for Alemu Worku’s immigration violations recommend a sentencing range of zero to 18 months, but the law allows up to 10 years for each of two counts on which he was convicted, and two more years for a third.

It is unclear if upon release from prison Alemu Worku could be deported to his own country, where he has been sentenced to death, according to the sentencing statement filed by prosecutors.

Alemu Worku was convicted of immigration fraud last month after a five-day trial in which victims of Ethiopia’s Red Terror testified that he was a brutal guard at the Higher 15 prison during the late 1970s. He was convicted of assuming another man’s identity and lying about his background.

“While former Higher 15 prisoners in the United States continue to live every day with the physical aches and pains of their injuries and mental anguish resulting from their torture at the hands of or pursuant to the orders of the defendant, the defendant lived comfortably, safely, and free of any adverse consequences resulting from his commission of politically-motivated torture and murder during the eight years prior to his arrest in the United States and for unknown years in Kenya,” according to the document.

According to the sentencing statement, an Ethiopian Federal High Court convicted Alemu Worku in absentia of genocide on Nov. 13, 2000.

At the time, Alemu Worku, who had been a member of the ruling Marxist Derg junta before it was overthrown, was apparently living as a refugee in Kenya.

After finding that he “unjustly killed 101 … innocent individuals and inflicted injury through torture,” the court sentenced him to death, according to the statement.

On release from an American prison, the Department of Homeland Security would likely pursue his removal to Ethiopia.

But the deportation of Alemu Worku, who is in his mid to late 60s, poses challenges, and could require lengthy adjudication, the document said.

If Ethiopia refused to take him, or he was granted protection under the international Convention Against Torture, it isn’t clear where he could be sent, according to the document.

“The duration of litigation in a removal case can range from months to several years. It is premature to determine now whether the defendant would be subject to detention during any removal proceedings.”

Though he faces a death sentence in his homeland, the last known execution in Ethiopia was in 2007. “Conditions in Ethiopia at the current time do not suggest that a death sentence would be carried out,” according to the document.

In fact, the document said, “there is no record of Ethiopia having carried out any executions of former Derg members … a number of Derg members were pardoned entirely and released.”

Ethiopia condemns Saudi crackdown on workers


PressTV – Ethiopia condemns Saudi crackdown on workers.

Ethiopian Foreign Minister Tedros Adhanom has condemned Saudi Arabia for its brutal crackdown on migrant workers in the kingdom.

Saudi authorities have launched the weeklong visa crackdown on foreign workers, killing three people, including an Ethiopian national.
“This is unacceptable. We call on the Saudi government to investigate this issue seriously. We are also happy to take our citizens, who should be treated with dignity while they are there,” Adhanom said on Sunday.
Ethiopia’s top diplomat said Addis Ababa has formally complained to Riyadh and is now working to bring its citizens back home.
Saudi security forces on Saturday clashed with thousands of migrant workers protesting a new labor law.
Two people were killed and nearly 70 others injured after police opened fire to disperse protesters in the capital Riyadh. More than 500 protesters were also detained.
On Wednesday, the Ethiopian man was killed during another crackdown, prompting the Ethiopian government to announce efforts to bring home its citizens.
Riyadh has announced plans to create jobs for Saudi nationals by reducing the number of foreign workers totaling some nine million people.
Hundreds of thousands of workers have already left the kingdom amid tougher conditions for migrants.
Foreign workers cannot change jobs or leave Saudi Arabia without the permission of their sponsors, who are often Saudi companies or individuals who provide workers to businesses for profit.
Most of the sponsors take away the passports of the workers for the duration of their contract.
Human rights groups have criticized Saudi Arabia over the condition of migrant workers in the kingdom and called on Riyadh to abolish the sponsorship system for migrant workers.

Ethiopian migrant killed in Saudi crackdown


Ethiopian migrant killed in Saudi crackdown – Middle East – Al Jazeera English.

The man was trying to resist arrest, authorities say, as they pursue a crackdown on illegal workers, arresting 16,000

An Ethiopian migrant has been killed by Saudi police after he tried to flee arrest during a round-up of thousands of foreigners suspected of working illegally in the kingdom.

A statement on Wednesday by Riyadh police chief Nasser el-Qahtani said security forces killed the African migrant worker in el-Manhoufa a day earlier when he and others tried to resist arrest.

The security sweep comes after seven months of warnings by Saudi Arabia’s government, which has created a task force of 1,200 Labour Ministry officials who are combing shops, construction sites, restaurants and businesses in search of foreign workers employed without proper permits.

More than 16,000 people have already been rounded up, according to authorities.

Strict labour law

Police have also erected checkpoints to enforce the kingdom’s strict labour rules that make it almost impossible to remain in the country without official sponsorship by an employer.

Residents said most shops have been closed since the sweep began on Monday, with many of the country’s migrants avoiding the streets where they face possible arrest.

The state-backed Saudi Gazette reported on Wednesday that residents are already feeling the brunt of the everyday work the migrants provided, from ritual washings of corpses before burial to food delivery and bagging groceries.

Authorities say that since warnings were issued earlier this year, almost seven million foreigners in Saudi Arabia corrected their paperwork to accurately reflect their occupation and workplace.

The kingdom also issued more than one million final exit visas, which ban people from ever returning.

The Saudi-owned Asharq al-Awsat newspaper reported that authorities detained around 16,500 workers in the first 48 hours of the nationwide crackdown.

The newspaper quoted Saudi officials as saying that nearly half of the migrants were arrested near the southern border with Yemen.

Another 5,000 had been detained in Mecca, where some Muslims stay on illegally after pilgrimage.

Less than 1,000 were detained in the main city of Riyadh.

A resident in the poorer neighborhood of el-Manhoufa in Riyadh told the Associated Press news agency he saw police stopping people outside a mosque after prayers and arresting those who did not have the correct papers on them.

National Intelligence and Security Service Re-establishment Proclamation (draft)


Proclamation No————- /2013

NATIONAL INTELLIGENCE AND SECURITY SERVICE RE-ESTABLISHMENT PROCLAMATION

WHEREAS it has become necessary to strengthen the National Intelligence and Security Service so as to protect and defend the sovereignty of the Federal Democratic Republic of Ethiopia, the constitution and constitutional order;

WHEREAS it has become essential  to determine the power, duties and accountability of the National Intelligence and Security Service to promote the peace, development, democracy and good governance in the country;

WHEREAS it has become necessary to build a modern and strong National Intelligence and Security Service that is  loyal and resilient to the constitution and constitutional order of the Federal Democratic Republic of Ethiopia and conscious of the national and international objective situations;

NOW, THEREFORE, in accordance with sub-articles (1) and (7) of Article 55 of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

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ENGLISH VERSION

AMHARIC VERSION

Ethiopia to implement human rights action plan


Ethiopia to implement human rights action plan

Source: www.ertagov.com

Prime Minister Hailemariam Desalegn disclosed on Friday that the government is undertaking various activities to ensure human and democratic rights in Ethiopia.

The Premier made the remark on a consultative forum held on Ethiopian National Human Rights Action Plan (NHRAP) held at UNECA.

The NHRAP aims at strengthening a better implementation of human and democratic rights as stipulated in the Constitution. It is noted that the Action Plan would enable a coordinated implementation of activities by various government bodies.

Prime Minister Hailemariam said the government has been undertaking various activities over the past two decades to ensure human and democratic rights. He said the Action Plan would help to address gaps in good governance that has been a challenge in fully ensuring human and democratic rights.

Minister of Justice Getachew Ambaye for his part said the necessary structure is in place at federal and regional levels to implement the Action Plan. He also noted that an office of NHRAP was organized and went operational under the Ministry of Justice to oversee the process.

UN Resident Coordinator in Ethiopia Eugene Owusu for his part commended Ethiopia for preparing the NHRAP to undertake consistent work on human rights side by side with its speedy economic development. He also assured the support of his Organisation for the fruitful implementation of the Action Plan.

Norway immigration officials lose Ethiopia case


via Norway immigration officials lose Ethiopia case / News / The Foreigner — Norwegian News in English..

Norway immigration officials lose Ethiopia case

The Immigration Appeals Board (UNE) was defeated in Oslo District Court following judges’

decision against sending seven-year-old Nathan Eshete and parents Asfaw and Zinash back to Ethiopia.

Click HERE to read full story.

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 →

Proclamation No.760/2012 Registration of Vital Events and National Identity Card Proclamation


Proclamation No. 760/2012

A PROCLAMATION REGISTRATION OF VITAL EVENTS AND NATIONAL IDENTITY CARD

WHEREAS establishing a system of registration of’ vital events  plays  a  key role  in  planning   political, social and economic developments in providing  different  social  and  economic services to citizens  and  in  making  the  justice  administration expedient and effective

WHEREAS it has become necessary to create accessible, comprehensive and compulsory registration system on the basis of which citizens can effect proper and timely registration of vital events

WHEREAS the  issuance  of  national identity cards  to citizens  has  become  important  for the protection of  national  security and  for  providing efficient services to citizens by the public and private sector

NOW THEREFORE in accordance with Article 55 sub-article (1) and (6) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows

Click on the link below to read full text

http://www.abyssinialaw.com/uploads/760.pdf

WORKING TOWARDS RESTORATIVE JUSTICE IN ETHIOPIA: INTEGRATING TRADITIONAL CONFLICT RESOLUTION SYSTEMS WITH THE FORMAL LEGAL SYSTEM


WORKING TOWARDS RESTORATIVE JUSTICE IN ETHIOPIA: INTEGRATING TRADITIONAL CONFLICT RESOLUTION SYSTEMS WITH THE FORMAL LEGAL SYSTEM

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Dr. Julie Macfarlane Professor of Law, University of Windsor, Ontario Canada, juliem@uwindsor.ca.

Most legal scholars study the formal legal system, focusing on principles of law and state-sanctioned procedures and institutions.[1] However, we know that this is only one aspect of the complex landscape of dispute resolution. In every country, community, and organization, systems of informal dispute resolution systems – often based on community customs or familial relationships, or embedded in institutional practices – run alongside the “official” state sanctioned processes. Despite their lack of formal authority and legitimacy, these informal alternatives may have as great, or even greater, an impact on the lives of those who use them as the state-sanctioned system. A growing interest in informal systems of dispute resolution has spawned a vibrant literature representing the intersection of many disciplines, including law, anthropology, sociology, and social psychology. Scholars of conflict resolution in their various disciplinary guises explore the substance and the role of informal systems of disputing and dispute resolution and their relationship, if any, to the formal legal system.[2]

This paper considers how the multiple realities of dispute resolution in any environment affect the work of conflict resolution practitioners. Conflict resolution practitioners are almost always invited in by representatives of the formal legal system, and their work generally focuses on managing – and perhaps reforming – this system. In practice, they cannot ignore the existence of parallel informal systems of conflict resolution that may undermine or distract from the formal state system. These may include structured alternatives to law, such as religious tribunals or community mediation programs. There may be other, more informal but equally significant family or community-based processes which provide their own social order outside the legal system. Whatever form an informal system takes, it is a mistake to overlook or underestimate its impact on the formal legal process and any reforms or innovations planned there. Whether invited to assess existing systems, or to develop new processes or models, practitioners and consultants often find themselves mediating between formal and informal systems already in place.

The second part of this paper focuses on a particular example of the intersection of a formal and an informal system in the development of an innovation – Restorative Justice (RJ) programming – within the formal criminal justice system. It describes my experience working in the People’s Republic of Ethiopia and efforts to introduce RJ as an alternative regime within current criminal system. The dilemma facing reformers in Ethiopia – though this initiative is supported by the highest levels of government and the judiciary – is how to affect reform of the criminal justice system in a way that harnesses the energy of Ethiopia’s vibrant culture of informal tribal conflict resolution processes. In many regions of Ethiopia and especially those far from regional centers, these informal processes are in fact more influential and affect the lives of more Ethiopians than the formal system, which is remote from the lives of many ordinary people. How can the formal justice system become an appealing and appropriate alternative to customary justice for Ethiopians who have little or no contact with the formal justice system? How can RJ principles be legally entrenched in a way that is compatible with community traditions and customs of dealing with conflict, yet maintain the oversight of the State to ensure that human rights and due process are respected? And perhaps most important of all, how can trust and collaboration be enabled between the key players – the tribal elders and the officers of the state system – for the good of Ethiopia’s many diverse communities?

Despite the focus of this paper on Ethiopia, there are many lessons here for RJ programming in the West, which still wrestles with the dilemma of its relationship with the formal criminal justice system.[3] The issues I encountered working in Ethiopia are familiar ones in the West. Those committed to RJ question whether working with the state will dilute or undermine “alternative” approaches and whether the state can be trusted to be the steward of RJ programs. Whose justice is Restorative Justice – the individual actors, their communities, or the state which must enforce and oversee its outcomes? Many would argue that the very essence of RJ is its fidelity to intuitive and organic forms of informal justice within any given community, and that its adoption by a State machinery inevitably detracts from that authenticity.4 Throughout this paper, I shall reflect on parallels these challenged for RJ models and similar issues which arise wherever dispute resolution systems are provided and administered – often by distinctive religious and cultural groups – as an alternative to the state system, civil or criminal. What is the relationship between such informal systems and the formal justice system? Can the formal and informal systems work together? How should the interests of cultural diversity on the one hand, and respect for universal rights of due process and equality on the other, be balanced when it comes to the relationship between state and non-state justice systems?


[1] Austin Sarat & Susan Silbey, Dispute Processing in Law, 66 DENV. U. L. REV. 472, 459–462 (1989).
[2] For an anthropological analysis, see LAURA NADER, LAW IN CULTURE AND SOCIETY (1997) and SALLY ENGLE MERRY, GETTING JUSTICE AND GETTING EVEN: LEGAL CONSCIOUSNESS AMONG WORKING CLASS AMERICANS (1990); in sociology see, for example, PATRICIA EWICK & SUSAN SILBEY, THE COMMON PLACE OF THE LAW: STORIES FROM EVERYDAY (1998); and in peace studies see, for example, JOHN BURTON & FRANK DUKES CONFLICT: PRACTICES INMANAGEMENT, SETTLEMENT AND RESOLUTION, (1990).
[3] See section “The Case of Ethiopia,” infra.
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