Draft Laws

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

 

 

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