Draft Laws

PROCLAMATION TO ESTABLISH RECONCILIATION COMMISSION /DRAFT/

PROCLAMATION NO………/2018

PROCLAMATION TO ESTABLISH RECONCILIATION COMMISSION

WHEREAS, it is necessary to reconcile based on truth and justice the disagreement that developed among peoples of Ethiopia for years because of different societal and political conflict;

WHEREAS, it is necessary to identify and ascertain the nature, Cause and dimension of the repeated gross violation of human rights so as to fully respect and Implement basic human rights recognized under the Constitution of the Federal Democratic Republic of Ethiopia and international and continental agreements which Ethiopian ratified and since it is important for the reconciliation;

WHEREAS, it is believed that providing    victims of gross human rights abuses in different time and historical event with a forum to be heard and perpetrators to disclose and confess their actions as a way of reconciliation and to achieve lasting peace;

WHEREAS, it is necessary to establish free and independent institution that inquire and disclose the truth of the sources, causes and extent of conflicts and that takes appropriate measures and initiate recommendation that enable for the lasting peace and to prevent the future occurrence of such conflict.

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 “Reconciliation commission establishment Proclamation No ____2018.”

  1. Establishment

1/         The Reconciliation commission (hereinafter referred to as ” The commission “) is hereby established by this proclamation.

2/         The commission shall have its own office budget and necessary staff.

3/         office of the commission shall have legal personality

4/         The commission shall be accountable to the Prime Minister.

  1. Appointment of members of the commission

1/         number of members of the commission   shall be determined by the government

2/         chairperson, deputy chairperson and other members of the commission shall, up on recommendation by the Prime Minister appointed by the house of people’s representative

3/         The head of the office serve as the commission’s secretariat.

  1. Objective of the commission

Objective of the commission is to maintain peace justice, national unity and consensus and also Reconciliation among Ethiopian peoples.

  1. Powers and Duties of the commission

The commission shall have the following Powers and Duties:

1/         concerning its work announce and make every concerned person or body to present his idea and the necessary registration.

2/         make its work accessible, participatory by using technology; organize Reconciliation work shop in which all parties to be hear of ;

3/         identify principles and values which will be base for national Reconciliation by making discussion with   groups of society which have different view;

4/          make investigation to identify the basic reasons of disputes and violations of human rights by taking into consideration of social and economic circumstances and the view of victims and offenders;

5/         to take or order presence of any document or information from government or anybody which the commission deemed necessary for its work;

6/         to visit premise of any institutions and to take copy of any information and document found by its visit;

7/         to collect information  make interview either individually or in a group   in secret or  in an open way to the public; order   the  presence of anyone through  summon and require to give his statement through oath;

8/         depending on the situations to get support from federal or regional state police to execute its duties;

9/          notify to the public and concerned government organs the conclusions reached through the investigation as appropriate; and

10/        Make Reconciliation among peoples to narrow the difference created and to create consensus.

  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 commission;

2/         direct   the general activities of the commission;

3/         assign the necessary supportive staff to the commission; and

4/        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. Organization of the office

Office the commission shall have:

1/         Head appointed by the chairperson of the commission and

2/         the necessary staff.

3/         The head office of Commission shall  be in Addis Ababa and may have branch offices elsewhere, as may be necessary

  1. Powers and Duties of the office

The office shall have the following Powers and Duties:

1/         Render general financial and administrative service to the commission.

2/         provide logistics support to the commission on public participation and discussion forum.

3/         register and keep minutes, decisions and  other documents.

4/         to give necessary support and assistance to facilitate activities 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 independency of the Commission

The Commission shall perform its activities freely and independently

  1.      Terms of the Commission

1/        Terms of the Commission shall be up to three years

2/        Without prejudice to sub-article 1 of this article, term of the commission may be prolonged as may be necessary.

  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. Budget

The budget of the Commission shall be allocated by government.

  1. Books of Accounts

1/         The Commission shall keep complete and accurate books of accounts.

2/         The books of accounts and financial documents of the commission shall be audited annually by the Auditor General or by auditors designated by him.

  1. Protection of Witnesses and whistle-blower

1/        no one may be accused by the testimony given to the commission as wel 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 whistle blowers shall apply to those who have provided testimonies and evidences to the Commission.

  1. Effective Date

This proclamation shall come into force as of the ratification by the House of Peoples Representatives of Ethiopia.

           Done at Addis Ababa, this—-the day of November, 2018

                                          SAHLEWORK  ZEWEDIE

                 PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF

                                                           ETHIOPIA

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