Secretariat of the House of Federation Amendment Draft Proclamation

A PROCLAMATION TO AMEND THE ESTABLISHMENT OF THE SECRETARIAT OF THE HOUSE OF FEDERATION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

WHEREAS, the House of Federation is composed of elected representatives of Nations, Nationalities and Peoples;
WHEREAS, it has become necessary to re-establish the Secretariat of the House of Federation so as to make the House properly carryout the powers, duties and responsibilities vested to it by the Constitution; as well as to enable the Speaker to lead administrative activities of the House vested to him under Article 66(2) of the Constitution in an integrated manner;
WHEREAS, it has become necessary to re-establish the Secretariat in such a way to give efficient and effectiveservices to the House and the Speaker of the House with a view to enable these bodies discharge their responsibilities effectively, having proper organizational structure and sufficient manpower;
WHEREAS, it has become necessary to fill the gaps in the organization structure and operation of the Secretariat so that the House can carry out its mandates effectively;
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

PART ONE GENERAL PROVISIONS

This proclamation may be cited as “the Secretariat of the House of Federation Amendment Proclamation No. 2013.”

  1. Definition
    Unless the context otherwise requires:
  2. “House” shall mean the House of Federation of the Federal Democratic Republic of Ethiopia established in accordance with Article 53 of the Constitution;
  3. “Speaker” and “Deputy Speaker” means the Speaker and Deputy Speaker of the House elected in accordance with Article 62 (11) of the Constitution;
  4. “Council of Constitutional Inquiry” means the Council of Constitutional Inquiry of the Federal Government established in accordance with Article 82 of the Constitution;
  5. “Committees” means the standing and ad hoc committees to be established by the House as per Article 62(10) of the Constitution;
  6. “Coordinating Committee” means a committee established by the House comprising the Speaker, the Deputy Speaker, Chairpersons and Secretaries of the Standing Committees as well as the Head of the Secretariat who participates in the committee without any voting right;
  7. “Secretariat” means the Secretariat of the House of Federation;
  8. Gender Reference
    Provisions of this Proclamation set out in the masculine gender shall also apply to the feminine gender;
    PART TWO
    THE SECRETARIAT OF THE HOUSE OF FEDERATION
  9. Establishment
  10. The Secretariat of the House of Federation (hereinafter referred to as “the Secretariat”) is hereby re-established by this proclamation as an organ having juridical personality;
  11. The Secretariat shall be accountable to the Speaker;
  12. Powers and Functions of the Secretariat
    As per the directive given by the Speaker, the Secretariat shall have the powers and duties to:
  13. render general administrative, professional, clerical, reception and information services to the House and its committees, Speaker and Deputy Speaker;
  14. based on the decisions of the Speaker or Deputy Speaker of the House, call members for the next meeting as well as distribute agenda and necessary documents prior to the meeting;
  15. deliver reception services to the House, Speaker, Deputy Speaker of the House and guests;
  16. arrange that:
    (a) minutes, decisions,documentsand books of accounts, and

(b) necessary books, handouts, research papers, as well as other documents of the House and the Secretariat are properly collected and organized to render appropriate service;

  1. prepare, publish and distribute magazines,journals, and pamphlets concerning the decisions, work procedure and mission of the House;
  2. undertake study and research pertaining to the powers, duties, working procedures, organizational structure as well as relevant laws when directed or on its own initiation and submit the result with professional recommendation;
  3. prepare progressive formula for the division of revenues derived from joint Federal and state tax sources and the subsidies that the Federal government may provide to the states basedon the direction given from the concerned Standing Committee of the House and submit the same to the committee;
  4. to ensure equitable distribution of Federal infrastructure and its importance to investment activities, the Secretariat, based on the direction to be given by the concerned Standing Committee, conduct research and study and submit professional recommendation to the committee;
  5. undertake study and provide recommendation when the House requires for such recommendation on the recommendation of the Council of Constitutional Inquiry or when the appellant lodged an appeal against the decision of the Council of Constitutional Inquiry;
  6. devise various ways with a view to aware the public on the powers and duties of the House;
  7. as per the direction of the concerned Standing Committee, it studies, identifies and submits civil matters which require the enactment of laws to establish and sustain one economic community;
  8. undertake study on the identity of Nations, Nationalities and Peoples’ of Ethiopia based on the instruction given, and submit the outcome of the study to the concerned Standing Committee;
  9. undertake assessment, analysis, develop strategy as well as study and submit the outcome to the committee where ordered to examine interstate disputes and misunderstandings among peoples;
  10. provide the necessary support so as to make the domestic and international relations of the House successful;
  11. upon the direction given by the House, investigate and examine complaints raised by Nations, Nationalities and Peoples’ pertaining to inter-state disputes and submit recommendation to the concerned Standing Committee;
  12. follow up and evaluate the implementation of the decisions passed by the House and their outcome with professional recommendation upon the order of the Speaker;
  13. Own property, enter into contract, sue, and be sued in its own name;
  14. Prepare annual budget of the House;
  15. prepare performance and financial account reports of the Secretariat and submit the same to the Speaker;
  16. perform such other duties assigned to it by the House and the Speaker;
  17. Organization of the Secretariat
  18. The Secretariat shall have:
    (a). Head and Deputy Head who are professionals and non-member of the House to be recommended by the Speaker and appointed by the Coordinating Committee; (b). the Head and Deputy Head of the Secretariat are accountable to the Speaker;
  19. The Secretariat shall have Directors of departments and the necessary staff whose number is to be fixed as may be necessary;
  20. Directors of the departments shall be appointed by the Speaker; they are also accountable to the Head of the Secretariat;
  21. Subject to sub-article 3 of this Article, Directors of the departments may be appointed by the Speaker taking into account their educational background;
  22. Directors of the departments specified in sub-article 2 of this Article shall not be governed by the Federal Civil Service Law;
  23. Employees Administrative Directive, Organizational Structure and Salary Scale
  24. The Secretariat’s Employees Administrative Directive shall be implemented upon approval by the Coordinating Committee;
  25. The Secretariat’s organizational structure and salary scale shall be prepared in a manner that takes into account the economic capacity of the Country and shall be implemented up on approval by the Coordinating Committee;
  26. The Secretariat shall, in accordance with sub-article 2 of this Article, implement the structure and salary scale upon approval;
  27. Powers and Duties of the Head of the Secretariat
  28. The Head of the Secretariat shall exercise the powers and functions of the Secretariat specified in Article 5 of this Proclamation;
  29. Subject to sub-article 1 of this Article, the Head of the Secretariat shall:
    (a). He shall direct and administer the Secretariat in accordance with the direction to be given by the Speaker and in accordance with the regulation of the House; (b). administer the employees of the Secretariat in accordance with Administrative Directive issued by the Coordinating Committee;
    (c). submit the Secretariat’s Organizational Structure and salary scale as provided in Article 7 of this proclamation to the Coordinating Committee and implement the same upon approval;
    (d). prepare and submit to the Speaker, the annual work plan of the Secretariat and implement the same upon approval;
    (e). Prepare annual budget of the House in accordance with the regulation and the direction to be given by the Speaker; implement the same upon approval by the House of Peoples’ Representatives;
    (f). effect expenditure in conformity with financial laws as well as in accordance with the approved budget and action plan of the Secretariat;
    (g). prepare performance and financial account reports of the Secretariat and submit the same to the Speaker;
    (h). represent the Secretariat in its relations with third parties;
    (i). perform such other functions as assigned to him by the Speaker and Deputy Speaker;
  30. Powersand duties of the Deputy Head of the Secretariat
  31. Perform and execute responsibilities directed to him by the Head of the Secretariat;
  32. Act on behalf of the Head of the Secretariat in his absence;
  33. Budget
    The Secretariat shall administer the annual budget allocated to the House in accordance with financial law and make sure that the budget is utilized appropriately;
  34. Books of Accounts
  35. The Secretariat shall keep complete and accurate books of accounts;
  36. Books of accounts and financial documents of the Secretariat shall be audited by the Auditor General annually; Provided, however, that the Speaker may order books of accounts and documents be audited, wholly or partly at anytime he deems it necessary;

PART THREE MISCELLANEOUS PROVISIONS

  1. Power to issue regulation
    The House may issue regulation for the implementation of this proclamation;
  2. Power to issue directives
  3. The Coordinating Committee may issue directives for the implementation of this proclamation and regulations to be issued by the House;
  4. The Coordinating Committee shall issue Employees Administrative Directive of the Secretariat;
  5. Repealed and Non-Applicable Laws
  6. Laws, regulations, directives or customary practices that are inconsistent with this proclamation shall be of no effect with matters provided for under this proclamation;
  7. Proclamation No. 556/2008 of the Establishment of the Secretariat of the House of Federation is here by repealed by this proclamation;
  8. Effective Date
    This proclamation shall be effective from the time published in the Federal Negarit Gazeta;
    Addis Ababa 2013
    SAHLEWORK ZEWDE PRESIDENT OF
    THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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