PROCLAMATION NO. 359/2002
A PROCLAMATION TO PROVIDE FOR A SYSTEM
FOR THE INTERVENTION OF THE FEDERAL
GOVERNMENT IN THE REGIONS
WHEREAS, it is provided for in Article 51(1) of the Constitution that the Federal Government has power and responsibility to protect and defend the Constitution;
WHEREAS, it is provided for in Article 51(14) of the Constitution that the Federal Government deploy defense forces at the request of at State administration to arrest a deteriorating security situation within the requesting State when the Region is unable to arrest such situation;
WHEREAS, it is provided for in Article 55(16) of the Constitution that the House of Peoples’ Representatives request, on its own initiative, a joint session of the House of the Federation and of the House of Peoples Representatives to take appropriate measures when State authorities are unable to arrest violations of human rights within their jurisdiction, and give directives to the concerned Council of State’;
WHEREAS, it is provided for in Article 62(9) of the Constitution that the House of the Federation order the Federal intervention if any State, in violation of this Constitution, endangers the constitutional order;
WHEREAS, it has become necessary to prescribe by law the system that enable to implement the aforementioned provisions of the Constitution;
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 “System for the Intervention of the Federal Government in the Regions Proclamation No. 359/2003.”
In this Proclamation:
1/ “Intervention” means, without prejudice to what the Federal Government carries out regularly in the Region within its jurisdiction, a system for intervention in the Regions pursuant to Article 62 (9) of the Constitution and includes measures to be taken in accordance with Article 51 (14) or Article 55 (16) of the Constitution.
2/ “Person” means a natural or juridical person.
INTERVENTION IN CAS OF DETERIORATING
The security situation shall be deemed to have been deteriorated where there is an activity that disturbs the peace and safety of the public and the law enforcement agency and the judiciary of the Region are unable to arrest the security problem in accordance with the law.
- 4. Request of the Region
The State Council or the highest executive organ of the Region shall present its request to the prime Minister through the Ministry of Federal Affairs where any Region faces a deterioration security situation and unable to arrest it on its own.
- 5. Deployment of Force by the Federal Government
1/ The Prime Minister shall deploy the Federal police or defense force, or both to arrest the deteriorating security situation taking into consideration the gravity of the situation. The force to be deployed shall be under the command of the concerned Federal organ;
2/ The force to be deployed and the measures to be taken by same shall be proportionate to enable to arrest the deteriorating security situation and maintain law and order;
3/ The Regional Government shall have the responsibility to provide information that enables to arrest the deteriorating security situation and facilitate conditions;
4/ The force shall take necessary legal measures to bring to justice those who participated or suspected or participating in deteriorating the security situation;
5/ The mission of the force deployed shall be terminated where the deteriorating security situation has been arrested or where the highest executive organ of the region requests the Prime Minister for such termination;
The Prime Minister shall present periodic report to the House of Peoples’ Representatives on the activities carried out by the forces in the Region.
INTERVENTION IN CASE OF VLOLATIONS
OF HUMAN RIGHTS
An act of violations of human rights shall be deemed to have been committed where an act is committed in a Region in Violation of the provision of the human rights stipulated in the Constitution and laws promulgated pursuant to the Constitution, and the law enforcement agency and the judiciary unable to arrest such violations of human rights.
8. Investigating Team
1/ The House of Peoples’ Representatives shall send a team to the Region for investigation of a case when it receives information from the Human Rights Commission, representatives of such Region or from any other person on the violations of human rights which require the Federal intervention and on the failure of the region to arrest the acts. The team shall consist of members from the House of Peoples’ Representatives;
2/ The team may, where necessary, request the assistance of the experts of the Federal Executive organs;
3/ Any Regional organ shall have an obligation to cooperate with the team.
9. Report of the Team
1/ The team shall compile and submit with its recommendations to the House of Peoples’ Representatives information gathered within the Region where the alleged acts of the violations of the human rights are committed;
2/ The report compiled pursuant to Sub-Article (1) of this Article shall specify concrete evidence that describes the act of the violations of human rights in the Region, the source of the problem and persons responsible for it, efforts made and measures taken by the Region to arrest such violations of human rights and whether or not such Region will be able to arrest the act.
10. Request and Report
1/ The House of Peoples’ Representative shall, upon hearing a report submitted to it pursuant to Article (9) of this Proclamation, call a joint session of the House of Peoples’ Representatives and the House of the Federation and submit the request to same where it finds that the matter requires the intervention of the Federal Government;
2/ The House of Peoples’ Representatives shall present a report with justification to the joint session of the necessity of the intervention of the Federal Government.
11. Giving Directive
The joint session shall, where it finds the report submitted to same pursuant to Article 10 (2) is convincing, give directives to the Region to arrest the acts of violations of human rights and bring to justice those who violated such human rights.
INTERVENTION WHEN THE CONSTITUTIONAL
ORDER IS ENDANGERED
An activity or act carried out by the participation or consent of a Regional Government in violation of the Constitution or the constitutional order and in particular:
(a) armed uprising;
(b) resolving conflicts between another Regi9on or Nation, Nationality or People of another Region by resorting to non-peaceful means;
(c) disturbance of peace and security of the Federal Government; or
(d) violation of directives given pursuant to Article 11 of this Proclamation;
shall be deemed to be have been an activity or act that has endangered the constitutional order.
13. Investigation and Decisions
1/ The House of the Federation, on its own initiative or when it receives information from the House of Peoples’ Representatives or from any other body that any Region has endangered the Constitutional order by violating the Constitution may, based on the information submitted to it and after having conducted a necessary investigation, give directives to the Council of Ministers or to other government organ to investigate the case on it in order to decide whether there is danger;
2/ Without prejudice to Article 93 of the Constitution, the Council of Ministers shall, when it receives information that any Region in violation of the constitution has endangered the constitutional order, present the matter to the House of the Federation after having carried out its investigation and where it finds it that such danger requires the intervention of the Federal Government;
3/ The report to be submitted pursuant to Sub-Article (1) and (2) of this Article shall indicate that the peaceful means to settle the causes which endangered the constitutional order has been left out and the conditions provided for in Article 13 of this proclamation have been met;
4/ The House of the Federation shall, after having examined forthwith the report submitted to it pursuant to Sub-Articles (1) and (2) of this Article, order the intervention of the Federal Government where it finds it necessary.
14. Measures to be Taken by the Federal Government
1/ The order to be given pursuant to Article 13 (4) of this Proclamation shall be that which enables to arrest the situation that has endangered the constitutional order;
2/ Without prejudice to the generality of Sub-Article (1) of this Article and Article 93 of the Constitution, the House of the Federation may take the following measures:
(a) To give directives to the Prime Minister to deploy the Federal police or national defense force or both, depending on the seriousness of the problem, to enable arrest the danger;
(b) To decide to set up provisional administration that is accountable to the Federal Government by suspending the State Council and the highest executive organ of the Region.
3/ The Provisional Administration may take the following measures in the region:
(a) To bring to justice the Regional Government officials, appointees, officials elected by the People, members of the police and security force, and other persons responsible for the danger of conflict;
(b) To speedily facilitate conditions for the regional Government to resume its office by restoring the constitutional order;
4/ The Prime Minster may, upon the recommendation of the Ministry of Federal Affairs, assign temporarily the Federal Government personnel for the resumption of regular activities of the region where the capacity of the executive organ of the Region is impaired by the measures taken pursuant to Sub-Article 3(a) of this Article;
5/ The measures to be taken by the Federal police or the defense force pursuant to Sub-Article 2(a) of this Article shall be proportionate to enable to arrest the situation that has endangered the constitutional order;
6/ The House of the Federation shall, where it belives that the situation that endangered the constitutional order has been arrested, give directives to the concerned organs determining the expiry period of the Provisional Administration.
15. Provisional Administration
1/ The Provisional Administration shall take measures that enable to arrest the situation that has endangered the constitutional order;
2/ Without prejudice to the generality of Sub-Article (1) of this Article, the Provisional Administration shall have powers and duties given to the highest executive organ of the Region, and shall in particular:
(a) lead and coordinate the executive organ;
(b) assign the Heads of the Provisional Administration;
(c) ensure the enforcement of law and order;
(d) facilitate conditions for conducting election in the Region in accordance with relevant law;
(e) approve a plan and budget of the Region;
(f) carry out other duties to be entrusted to it by the Federal
3/ The Provisional Administration shall stay in the region for a period not exceeding two years; however, the House of the Federation may, where necessary, extend the period for not more than six months.
16. Reporting and Follow-up
1/ The Prime Minister shall quarterly submit report on the conditions of the Region to the House of the Federation;
2/ Without prejudice to Sub-Article(1) of this Article the Prime Minister shall, on request of the House of the Federation, present a report at any time;
3/ The House of the Federation shall devise its own mechanism to conduct study and evaluation within the Region sending its own team, and give directives where there are matters that require corrective measures based on the findings of the study and evaluation.
1/ The House of the Federation and the Prime Minister shall issue statements to the public about the situation that endangered the constitutional order, the order given by the House of the Federation and current situation of the Region;
2/ Without prejudice to Sub-Article (1) of this Article, a forum shall be held periodically to enable the public within the Region to have access to information about the situation and give opinions thereon. The public opinions expressed on such forum shall be compiled and submitted to the House of the Federation and the Council of Ministers.
18. Duty to Cooperate
Any authority of the region, worker or any other person has the obligation to cooperate for the implementation of this Proclamation.
19. Effective Date
This Proclamation shall come into force as of the 10th day of July, 2003.
Done at Addis Ababa, this 10th day of July, 2003.
GIRMA WOLDE GIORGIS
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA