PROCLAMATION NO. 68/1997
A PROCLAMATION TO ESTABLISH THE OFFICE
OF THE FEDERAL AUDITOR GENERAL
WHERAS, strengthening the audit system in the country plays an important role in providing reliable data useful for the effective management and administration of the national economy;
WHEREAS, it is necessary to ascertain that the financial management of the Federal Government offices and enterprises in various developmental and administrative activities follow proper accounting procedures, that the manner of revenue collection, fund disbursement and property management is in accordance with government rules and regulations, and that their plan and Programmes are carried out efficiently and economically with a view to attaining their objectives;
WHERAS, audit is an effective instrument in reflecting the new democratic system by ensuring proper accountability in the various Federal Government offices and organizations within the State structure;
WHERAS, it is necessary that the Ethiopian Federal Democratic new economic policy be supported by a modern and reliable audit system in order to ascertain proper implementation through effective monitoring of administrative, development and service rendering institutions in the Federal Public Sector;
WHEREAS, in order to realize the objectives of the aforementioned it is necessary to strengthen and establish the Office of the Federal Auditor General;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution, it is hereby proclaimed as follows:
- Short Title
This Proclamation may be cited as the “Office of the Federal Auditor General Establishment Proclamation No. 68/1997.”
In this Proclamation
- “Government Office” means Ministry, Commission, Authority, Institution or any other Federal Government Office;
- ”Organization” means any production, distribution, service rendering, regulatory or any other trading organization wholly or partially owned by the Federal Government.
- The Office of the Auditor General of the Federal Government of Ethiopia (hereinafter ”the Office of the Federal Auditor General”) as provided for in sub-Article (4) of Article 101 of the Constitution of the Federal Democratic Republic of Ethiopia, is hereby established.
- The Head Office of the Federal Auditor General shall be in Addis Ababa and may have branch offices elsewhere as may be necessary.
4. Objectives of the Office
- strengthen an audit system required for a reliable information necessary for the proper management and administration of the plans and budget of the Federal Government;
- ascertain that all receivable money and property of the Federal Government are collected, preserved and used properly, in accordance with the laws and Regulations of the Federal Government, and report same to the Council;
- undertake a financial and performance audits of the offices and organizations of the Federal Government;
- make efforts, in cooperation with concerned organs, to promote and strengthen accounting and audit professions;
- give professional assistance and advice to Regional and Federal Civil servants and organizations engaged in accounting and audit professions;
- draw up a standard of auditing by which accounts of the offices and organizations of the Federal Government shall be examined and follow up the implementation of same.
5.Appointment and Accountability of the Federal Auditor General
- The Federal Auditor General who heads the Office of the Federal Auditor General shall be appointed by the Council of Peoples’ Representatives upon recommendation by the Prime Minister.
- The Federal Auditor General shall be appointed by the Council of Peoples’ Representatives and, between sessions shall be accountable to the President of the Federal Republic.
6.Appointed of the Federal Deputy Auditor General
There shall be a Federal Deputy Auditor General who shall be appointed by the Council of Peoples’ Representatives upon recommendation by the Prime Minister and who shall assist the Federal Auditor General and be responsible for the direction of the activities of the Office of the Federal Auditor General in his absence.
POWERS AND DUTIES OF THE OFFICE
OF THE FEDERAL AUDITOR GENERAL
7. Powers and Duties of the Office of the Federal Auditor General
The office of the Federal Auditor General shall have all the powers necessary for the performance of its functions. Without limiting the generality of the foregoing, the Office of the Federal Auditor General shall:
- audit or cause to be audited the accounts of the Federal Government offices and organizations;
- audit or cause to be audited accounts involving budgetary subsidies and any special grants extended by the Federal Government to Regional Governments;
- audit the accounts of private contractors relating to the Federal Government contractual work which involves a sum exceeding Birr 500,000 (Birr five hundred thousand);
- Carry out or cause to be carried out, as may be necessary, programme and efficiency audit or performance audit in order to ensure that the performance of Federal Government offices and organizations is in accordance with the law, economically sound and has attained the desired objectives;
- report audit findings to the head of the audited Federal Government office and organization, as the case may be, the result of the audits performed in accordance with sub-Articles (1),(2),(3) and (4) of this Article, the result of the audits performed shall also be immediately submitted to the Council of Peoples’ Representatives, where it indicates the commission of a crime;
- issue directives, in cooperation with other offices concerned, regarding accounts and property auditing procedures and standards;
- issue certificates of competence to internal auditors to be employed by any Federal Government offices and organizations;
- Where it deems it necessary, require internal auditors of any Federal Government offices to audit the accounts and property of their offices and report the findings;
- where it deems it necessary, train internal auditors in cooperation with concerned organs;
- where it has reasons to believe that any account has been kept in a criminal and dishonest manner impound such books, documents ledgers, vouchers and other materials related to such account;
- give the necessary advice on the financial and accounting regulations to be prepared by the Ministry of Finance.
- make efforts, in cooperation with other concerned Government Offices, with a view to promote the Accounting and Auditing Profession; take appropriate measures to ensure that the development of the Accounting and Auditing Profession of the Federal Government is in the right direction;
- maintain close contact and cooperation with the Audit and Control Offices of Regional Governments with a view to enhance the development of auditing;
- issue, renew, suspend and cancel certificates of competence of private auditors and accountants who provide auditing and accounting services to;
(a)organizations which are under the ownership of the Federal Government;
(b)public organizations which are, by law, under the common ownership of the Federal and Regional Governments;
(c)activities over which the Federal Government has the right to control;
(d)sectors over which the Federal Government has been assigned by law, with the responsibility and authority to administer;
(e)joint ventures organized under the partnership of the Federal and Regional Governments the Federal Government and foreign or local investors, other areas of activities where the Federal Government has undertaken the responsibility for their execution.
- Charge fees for the issuance and renewal of such certificates in accordance with regulations issued by the Council of Peoples’ Representatives.
POWERS AND DUTIES OF THE FEDERAL
AND DEPUTY AUDITOR GENERAL
8. Powers and Duties of the Federal Auditor General
The Federal Auditor General shall be the head of the Office of the Federal Auditor General and shall, in addition to implementing the powers and duties of the office of the Federal Auditor General provided for under Article 7 of this Proclamation, have the following powers and duties:
- submit a consolidated annual audit report performed under sub-Articles (1),(2),(3) and (4) of Article 7 and on the activities of the Office of the Federal Auditor General to the Council of Peoples’ Representatives and between sessions, to the president of the Federal Republic;
- review the annual report which the Ministry of Finance submits to it concerning the Federal Government receipts and expenditures, assets and liabilities as well as the financial statistical data within four months of receipt, and submit his comments thereon to the Ministry; include same in his annual report to be submitted to the Council of Peoples Representatives.
- include the objections and comments raised by the organs notified under sub-Article (5) of Article 7 of this Proclamation in the report indicated in sub-Article (1) of this Article where they appear to him unsatisfactory;
- organize the office of the Federal Auditor General so as to properly carry out his duties;
- prepare and submit the budget of the office of the Federal Auditor General to the council of Peoples’ Representatives and implement same upon approval;
- employ, administer the personnel necessary for the office in accordance with regulations issued by the Council of Peoples’ Representatives following the basic principles of federal civil service laws;
- where he deems it necessary, delegate with the necessary instruction, private auditors or other professionals to carry out audits.
9.Powers and Duties of the Deputy Auditor General
- following the directives given to him by the Federal Auditor General:
- assists the Federal Auditor General in planning, organizing, guiding and coordinating the activities of the office of the Federal Auditor General:
- carries out the duties of the Federal Auditor General in the absence of the latter.
- Carries out other activities assigned to him by the Federal Auditor General.
10. Budget and Auditing
- A proportionate quarterly appropriations of the operational budget of the approved budget of the office of the Federal Auditor General shall be deposited in advance in the National Bank of Ethiopia in an account opened in the name of the Office of the Federal Auditor General.
- The Accounts of the Office of the Federal Auditor General shall be audited by a body to be designated by the Council of Peoples’ Representatives or by the president of the Federal Republic, where the Council is not in session, as the case may be.
11.Audit procedure and period of Limitation
- The Federal Auditor General may audit accounts in full or by a system of spot-checking which-ever he deems it appropriate in a given case provided, however, that any report which he submits, in accordance with sub-Articles (1) and (2) of Article 8 of this Proclamation concerning the results of Audits of the accounts, shall contain a statement describing the nature and extent of the audit performed with respect to each account.
- the Federal Auditor General shall not perform audits covering beyond a period of two fiscal years prior to the fiscal year upon which the audit is to be performed unless he believes that a crime has been committed.
12.Duties of Persons to be Audited
- Any individual, employees or an official, upon request by the Federal Auditor General, Auditors of the Office of the Federal Auditor General or Representatives of the Federal Auditor General, shall, forthwith, make available correct and complete books, documents, ledgers, vouchers and all other documentary or oral evidence which the Auditors deemed it useful and necessary for auditing.
- Any person who has had in his custody or has paid or has expended or is in charge of the accounts of the money and property of the organs auditable by the office of the Federal Auditor General under the provisions of this proclamation, shall upon request, have the obligation to have his accounts audited.
- Auditee entries are obliged to take corrective measures, within 30 days from the date of delivery, on recommendations and comments included in the audit reports sent to them by the Federal Auditor General; if they are unable to take such measures, shall inform the same and the reasons thereof to the Federal Auditor General within the period specified herein.
- The Head of any audited office whose weaknesses were commented in the report of the Federal Auditor General submitted to the Council of Peoples’ Representatives, shall have the duty to take appropriate remedial measures and inform same to the Council of Peoples’ Representatives and the Federal Auditor General.
13.Duty to Notify
The Federal Auditor General shall notify to the Ministry of Justice and the head of the audited Federal Government Office or Organization concerned where, in the course of his auditing, he has reasons to believe that an offence has been committed.
14.Offences and penalty
- Any person who:
(a) fails to produce or make available books, documents, ledgers, vouchers or any other documentary or oral evidence which the Federal Auditor General directly or through his employees or his representatives requires for auditing; or
(b)gives to the Federal Auditor General, the Auditors of the Office of the Federal Auditor General or its representatives any information which he knows to be false or which he has no reason to believe to be true; or
(c)obstructs the proper carrying out of the functions of the Federal Auditor General; or
(d) fails to take measures, within 30 days from the date of delivery, on recommendations and comments included in the audit report of the Federal Auditor General; or fails to comply with the provisions of this Proclamation when he is required to do so;
shall be punished with imprisonment from 5 to 7 years or with a fine of Birr 10,000 (ten thousand birr) or with both such fine and imprisonment.
- Any Auditor who:
(a)in consideration for the performance or for the omission of an act in violation of the duties proper to his office solicits, exacts a promise of or receives a gift, money or any other advantage; or
(b)accepts any auditable document as genuine where he knows that it is not or unduly rejects any valuable document submitted to him by the one to be audited; or
(c)defrauds or cooperates with others by creating conducive conditions so that they can defraud or conspires in defrauding money of the Federal Government; or
(d)with intent to obtain or procure undue advantage for himself or to a third person or to cause a harm on any other person, causes to disappear or falsify or cause to be falsified or forges any books, documents, ledgers, vouchers or any other evidence submitted to him by the one to be audited:
shall be punished with imprisonment from 5 to 10 years and with a fine from Birr 10,000 upto Birr 15,000 (ten thousand upto fifteen thousand Birr.)
15.Repeal and Non-Applicability
The Proclamation to Establish the Office of the Auditor General Proclamation No. 13/1987, is hereby repealed.
Any Laws and Regulations which are inconsistent with this Proclamation shall not apply to matters provided for in this Proclamation.
This Proclamation shall enter into force as of the 6th day of March, 1997.
Done at Addis Ababa, this 6th day of March, 1997.
NEGASO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
PROCLAMATION NO. 378/2003.
A PROCLAMATION ON ETHIOPIAN NATIONALITY
WHEREAS, it has become necessary to promulgate a comprehensive new nationality law which is consistent with the 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 “Ethiopian
Nationality Proclamation No. 378/2003.”
In this proclamation unless the context requires otherwise:
1/ “foreigner” means a person who is not an Ethiopian national;
2/ “domicile” means the residence of a person as
defined under Article 183 of the Civil Code of
3/ the term “child” includes an adopted child
4/ “minor” means a person who has not attained the age of majority as determined under the Civil Code of Ethiopia;
5/ “Authority ” means the Security, Immigration
and Refugee Affairs Authority.
ACQUISITION OF ETHIOPIAN NATIONALITY
3. Acquisition by Descent
1/ Any person shall be an Ethiopian national by descent where both or either of his parent is Ethiopian.
2/ An infant who is found abandoned in Ethiopia shall, unless proved to have a foreign nationality, be deemed to have been born to an Ethiopian parent and shall acquire Ethiopian nationality.
4. Acquisition By Law
Any foreigner may acquire Ethiopian nationality by law
in accordance with the provisions of Articles 5-12 of this Proclamation.
5. Conditions To Be Fulfilled
A foreigner who applies to acquire Ethiopian nationality
By law shall:
1/ have attained the age of majority and be legally
capable under the Ethiopian law;
2/ have established his domicile in Ethiopia and have
lived in Ethiopia for a total of at least four years preceding the submission of his application;
3/ be able to communicate in any one of the languages
of the nations/nationalities of the Country;
4/ have sufficient and lawful source of income to
maintain himself and his family;
5/ be a person of good character;
6/ have no record of criminal conviction;
7/ be able to show that he has been released from his
previous nationality or the possibility of obtaining
such a release upon the acquisition of Ethiopian
nationality or that he is a stateless person; and
8/ be required to take the oath of allegiance stated under Article 12 of this Proclamation.
6. Cases of Marriage
A foreigner who is married to an Ethiopian national may
acquire Ethiopian nationality by law if:
1/ the marriage is concluded in accordance with the
Ethiopian laws or in accordance with the laws of any other country where the marriage is contracted;
2/ there is a lapse of at least two years since the conclusion of the marriage;
3/ he has lived in Ethiopia for at least one year
preceding the submission of his application; and
4/ he fulfilled the conditions stated under Sub-Articles (1), (7) and (8) of Article 5 of this Proclamation
7. Cases of Adoption
An child adopted by Ethiopian national may acquire Ethiopian nationality by law if:
1/ he has not attained the age of majority;
2/ he lives in Ethiopia together with his adopting parent;
3/ Where one of his adopting parents is a foreigner, such parent has expressed his consent in writing; and
4/ the condition stated under Article 5(7) of this Proclamation has been fulfilled.
8. Special Cases
A foreigner who has made an outstanding contribution in
the interest of Ethiopia may be conferred with Ethiopian
Nationality by law irrespective of the conditions stated under Sub-Articles (2) and (3) of Article 5 of this Proclamation.
9. Children of a Naturalized Person
1/ A person who has acquired Ethiopian Nationality
by law may apply for the his minor child living with him in Ethiopia; provided, however, that where the applicant is the only naturalized parent, the consent of both parents shall be required for naturalization of the child.
2/ A child whose application for naturalization has been submitted in accordance with Sub-Article (1) of this Article shall be conferred with Ethiopian nationality where the applicant is able to show that the child is released from his previous nationality or the possibility of obtaining such release.
10. Submission of Application for Naturalization
1/ An application to obtain Ethiopian nationality by law shall be accompanied with relevant documents and shall be submitted to the Authority.
2/ An application for the naturalization of a minor
child shall be submitted by his parents.
11. Examining and Deciding upon an Application
1/ An application to obtain Ethiopian nationality by law shall be examined by the Nationality Affairs Committee established under Article 23 of this Proclamation.
2/ The Committee shall submit its recommendation to the Authority, following the examination of the application and documents submitted to it as well as such other additional information furnished on its demand.
3/ Where the recommendation of the Committee for naturalization obtains the approval of the Authority, the applicant shall be required to appear before the Committee to take the oath of allegiance stated under Article 12 of this Proclamation and shall be issued with a certificate of naturalization.
12. Oath of Allegiance
Any person to be conferred with Ethiopian nationality by law shall, if he has attained the age of majority, take the following oath of allegiance:
“ I – – – -, solemnly affirm that I will be a loyal national of the Federal Democratic Republic of Ethiopia and be faithful to its Constitution”.
13. National Identity Card
1/ Any Ethiopian national, if he has attained the age of majority, shall be issued with a national identity card.
2/ Minor children shall be entered in the national
identity cards of their parents.
3/ National identity cards shall be issued by the
Authority or by any office delegated by the
RIGHTS OF NATIONALITY
14. State Protection
1/ The State shall protect the rights and lawful interests of its nationals.
2/ The State shall take such measures as may be
necessary to ensure the protection of the rights and lawful interests of its nationals residing abroad.
No Ethiopian national may be extradited to another state.
16. Change of Nationality
Any Ethiopian national shall, subject to the provisions of Article 19 of this Proclamation, have the right to change his nationality.
17. Non-Deprivation of Nationality
No Ethiopian may be deprived of his nationality by the decision of any government authority unless he loses his Ethiopian nationality under Article 19 or 20 of this Proclamation.
18. Equality of Nationals
All Ethiopian nationals shall have equal rights and
obligations of citizenship regardless of the manner in which nationality is obtained.
LOSS OF ETHIOPIAN NATIONALITY
19. Renunciation of Ethiopian Nationality
1/ Any Ethiopian who has acquired or has been guaranteed the acquisition of the nationality of another state shall have the right to renounce his
2/ An Ethiopian who intends to renounce his
nationality in accordance with this Article Sub Article (1) shall in advance inform the Authority in the form prescribed by the Authority.
3/ The renunciation of the nationality of a minor child pursuant to Sub-Article (1) of this Article shall be effected by the joint decision of his parents or, where one of his parents is a foreigner, by the decision of the Ethiopian parent.
4/ An Ethiopian who has declared his intention to
renounce his nationality may not be released until:
a) he has discharged his outstanding national
b) where he has been accused of or convicted for a crime, he has been acquitted or served the penalty.
5/ The Authority shall, upon ascertaining that the
provisions of this Article are complied with,
issue the applicant with a certificate stating the
effective date of his release.
6/ Any Ethiopian who is not issued with a certificate of release in accordance with Sub-Article (5) of this Article shall have the right to appeal to the competent court.
20. Loss of Ethiopian Nationality upon Acquisition
of Other Nationality
1/ Without prejudice to the provisions of Article 19 (4) of this Proclamation, any Ethiopian who voluntarily acquires another nationality shall be
deemed to have voluntarily renounced his Ethiopian nationality.
2/ An Ethiopian who acquires another nationality by virtue of being born to a parent having a foreign nationality or by being born abroad shall be deemed to have voluntarily renounced his Ethiopian nationality unless he has declared to the Authority his option to retain it by renouncing his other nationality within one year after attaining the age of majority, or unless there has been an earlier express renunciation of his Ethiopian nationality pursuant to Article 19 (3) of this Proclamation.
3/ An Ethiopian who acquires, in the absence of his own initiative, another nationality by the operation of the law in connection with any ground other than those specified under Sub-Article /2/ of this Article shall be deemed to have voluntarily renounced his Ethiopian nationality, if he:
a) Starts exercising the rights conferred to such acquired nationality or
b) fails to declare his option to the Authority to retain his Ethiopian nationality by renouncing his other nationality within a period of one year.
4/ A person who retains another nationality in addition to Ethiopian nationality shall be considered solely an Ethiopian national until the loss of his Ethiopian nationality pursuant to Sub-Articles (2) or (3) of this Article.
21. Effects of Loss of Nationality on Spouses and Children
A person’s loss of Ethiopian nationality shall have no effect on the nationalities of his spouse and children.
22. Re-Admission to Ethiopian Nationality
1/ A person who was an Ethiopian national and who has acquired foreign nationality by law shall be re-admitted to Ethiopian nationality if he:
a) returns to domicile in Ethiopia;
b) renounces his foreign nationality; and
c) applies to the Authority for re-admission.
2/ The provisions of Sub-Article (1) of this Article shall also apply to a person who has lost his Ethiopian nationality pursuant to Article 20 (2) of this Proclamation.
23. Nationality Affairs Committee
1/ A nationality Affairs Committee comprising the following members shall be formed:
a) a representative of the Authority . . . .. chairperson
b) a representative of the Ministry of Foreign
Affairs . . . . . . . . ……………….. ……. member
c) a representative of the Ministry of Justice. …………………. . . . . . . . . . . . . member
d) a representative of the Federal Police
Commission. . . . . . . …………………… member
e) a representative of the Authority…………… …….………………………member and secretary
2/ The Committee shall have the following powers and duties to:
a) examine applications to obtain Ethiopian Nationality by law;
b) examine evidences submitted by a person for the rebuttal of his presumed renunciation of Ethiopian nationality pursuant to Article 20 of this Proclamation;
c) ascertain that the requirements stated under Article 22 of this Proclamation are fulfilled when an application for re-admission to Ethiopian nationality has been submitted.
3/ The committee shall consider any case in accordance with Sub-Article (2) of the Article when it is referred to it by the Authority. The Committee shall also submit its findings and recommendations to the Authority.
4/ The Committee shall meet as frequently as its duties require.
5/ There shall be a quorum where more than half of the members of the Committee are present at a meeting
6/ Any decision of the Committee shall be adopted by a majority vote; in case of a tie, the chairperson shall have a casting vote.
7/ Without prejudice to the provisions of this Article, the Committee may adopt its own rules of procedure.
24. Powers to Issue Regulations and Directives
1/ The Council of ministers may issue regulations necessary for the proper implementation of this Proclamation.
2/ The Authority may issue detailed directives necessary for the proper implementation of this Proclamation.
The Ethiopian Nationality Law of 1930 (as amended) is hereby repealed.
26. Transitory Provisions
Any person who has retained, until the coming into force of this Proclamation, his Ethiopian nationality pursuant to the former Nationality Law shall continue to be an Ethiopian national.
27. Effective Date
This Proclamation shall enter into force as of the 23rd day of December, 2003.
Done at Addis Ababa, this 23rd day of December, 2003.
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA
Proclamation No. 130/ 2007
Proclamation to amend the proclamation No . 56/2002, 70/2003, 103/2005 of Oromia Rural Lan d
Use and Administration
WHEREAS, Agriculture is the main source of livelihood to the majority of the population of Oromi a and proper management and utilization of land and land resources is required, in which, the present use doesn’t compromise the development endeavors of the coming generation ;
WHEREAS, it is found necessary to correct the distortions and miss-interpretation shown on irrigabl e land administration and management ;
WHEREAS, it is found important to solve and harmonize the problems encountered whil e implementing the existing proclamations regarding, rights, obligations and security of rural land .
NOW, THEREFORE, in accordance with the Revised Constitution of Oromia Regional State No . 46/1994 Article 49 (3) (a) , it is hereby proclaimed as follows :
1. Short Title
This proclamation may be cited as the “Proclamation to amend the Proclamation No . 56/2002, 70/2003, 103/2005 of Oromia Rural Land Use and Administration Proclamation No . 130 /2007”.
Unless and other wise the context requires, in this proclamation;
1) “Rural Land” refers to all land out side the boundary of a municipal holding .
2) “Irrigation Land” refers to potentially irrigable land or where irrigation scheme shall b e constructed upon agreement with the land users and concerned government organs to develo p the land;
3) “Land acquired by law” means land legally distributed by competent body, or transferred b y inheritance or donation .
4) “State holding” means rural land demarcated and those lands to be demarcated in the futur e which includes forest lands, sanctuaries and protected areas, state farms, mining areas, lakes , rivers and other rural lands .
5) “Communal Holding” refers rural land which the local community commonly uses for grazing , woodlots and other social purposes .
6) “Private Land Holding” refers to rural land in the holding of peasant or pastoralists or sem i pastoralists or other bodies who are entitled by law to use the land .
7) “Possession” refers the right of any peasant or pastoralist or semi pastoralist shall have to us e rural land for agricultural purposes and natural resources development, lease out and bequeat h to members of his family and includes the right to acquire property produced on his lan d
thereon by his labor or capital and to sale, exchange and bequeath same .
9) “Redistribution” refers to the reallocation of land that targets the holding/s/ of individual o r common holding which is applicable only to irrigation land .
10) “Rural Land use” means a process by which the rural land is sustainably used to give bette r outputs through proper management and conservation .
11) “Rural Land Administration” means a process whereby rural land tenure security is provided , land use planning is implemented , disputes and conflicts on land is resolved . and the rights and obligations of land holder are enforced and controlled and as well the land related data ar e collected and analyzed to be availed to users .
12) “Rural Land Use Plan” means a practice whereby the options that greater economic benefits without causing land degradation and environmental pollution are determined and implemente d from among the different use options a rural land can give on the basis of physical, economic and social information.
13) “A peasant” means any person to whom the right to use rural land is provided to earn th e livelihood for him and/or his family .
14) Pastoralists” refers to a member of rural community whose livelihood depends on livestock rearing and move from place to place in search of water and grazing land .
15) “Semi- pastoralist ” means a member of rural community whose livelihood depends mainly o n livestock rearing and to some extent on crop production .
16) “Family member” means children of the land holder or dependents who do not have othe r income for their livelihood .
17) “Fixed assets” means perennial plants that give yield seasonally .
18) “Modern Agriculture” means any farming system whereby modern farming technologies ar e applied for better economic development including irrigation and livestock production .
19) “Land information system” refers a system whereby rural land related information are collected , analyzed and be availed for the users .
20) “Land registration” means the process whereby information on the expression of rural land us e right and holding is gathered and analyzed.
21) “Holding certificate” refers to certificate of title issued by Oromia Bureau of Agriculture an d Rural Development as proof of rural land use right.
22) “Watershed” refers to catchment area from which the run-off flows into one direction/ out let .
23) “Mother tree” means a matured and physically good standing tree from which seed is collected .
3. Gender expression
The provisions of this proclamation set out for masculine gender shall also apply to the feminine gender.
4. Scopeof Application
This Proclamation shall apply to any rural land in the Oromia Regional State .
PART TW O
The Right to Acquire, Use and Guarantee to Use Rural Lan d
5. The Right to Acquire Rural Land
1) Any resident of the region, aged eighteen years and above, whose livelihood depends o n agriculture and/or wants to live on, have the right to get rural land free of charge .
2) Women have equal rights with men to possess, use and administer the rural land .
3) Government and non governmental organizations, private investors and social organization s have the right to get rural land .
4) The rural community has the right to access rural land for grazing; religious or ritual places, water points and other social services .
5) Any peasant, pastoralist or semi pastoralist having the right to use rural land may get rural lan d from his family by donation, inheritance or from government .
6. Land Use Rights
1) Any peasant or pastoralist, or semi pastoralists who has the right to use rural land shall have the right to use and lease on his holdings, transfer it to his family member and dispose propert y produced there on, and to sell, exchange and transfer the same without any time bound .
2) Without prejudice to this Article Sub-Article (1) selling of fixed assets like coffee, mango , avocado, papaya, orange etc, is prohibited .
3) Without prejudice to this Article Sub- Article (2), selling of products of fixed assets like produc t of coffee, mango, avocado, papaya, orange etc . shall be possible if and only if the followin g conditions are fulfilled :
(a) The land occupied by the product to be sold shall not exceed half of the total land holding o f the individual .
(b) The product shall be sold for three (3) years only .
4) According to this Article Sub-Article (3) any individual or organ who bought the property shal l be obliged :
(a) To return back the holding to the owner after three years .
(b) To take care of and conserve the asset accordingly .
5) Any peasant or pastoralist or semi pastoralist shall not be evicted from his holding and hi s holding shall not be transferred to any body or organization due to any liability or execution of
6) In any condition the right to sell property specified under this Article, Sub-Article (1) doesn’ t include the land .
7) The use right of any peasant, pastoralist or semi pastoralists shall not be transferred because o f selling fixed assets, and the previous agreement made on this processes shall be treated in
accordance with this Article Sub-Article 3 (b).
8) Any individual or organ who bought houses and other buildings built on rural land shall b e obliged to take off his property.
9) Any mal land user who terminates the right of using his holding is obliged to notilyto the Agricultural and Rural Development Bureau of Oromia .
10) Without prejudice Sub- Article (1) of this Article, the rural land use right shall be terminate d only if that land is required for more important public uses .
11) According to this Article Sub-Article (10,) any individual or organ whose land holing is take n for public uses shall have the right to get compensation for his properties and benefits los t beforehand ; as much as possible, gets equivalent land individually or in group .
12) If not possible to replace in accordance with Sub-Article (11) of this Article, compensation fo r rehabilitation shall be paid .
13) Without prejudice to the condition under Article 7(1) of this Proclamation, considering th e number of their children they raise, husband and wife upon divorce shall have the right to shar e their land holding that was registered by their name equally .
14) Aged, disabled, orphans, and women, and also those in the same situation can use thei r holdings by hiring labour, renting, or entering an agreement to share income with a developer .
15) According to Sub-Article (14) this Article, if the agreement is for more than six months, th e agreement shall be in a written form shall be concluded before the Agricultural and Rura l
Development Bureau of Oromia .
16)Without prejudice Sub-Article (1) of this Article, any rural land user shall be deprived of hi s land use right under the following conditions : leaving the land unused for two consecutiv e years, leaving the holding on his own reason, or neglect conserving the land . The detail shall be decided by Oromia Agricultural and Rural Development Bureau .
7. Determination of Farm Plot Siz e
1) Maintaining the existing farm plot size as it is, the holding size for the future shall not be les s than 0 .5 hectares for annual crops, and 0 .25 hectares for perennial crops .
2) The plot size for new settlers shall take into consideration the average holding size of the community in that specific locality .
8. Consolidation of Farm Plots
The merging of farm plots shall be made based on the consensus and willingness ofthe holders.
9. Transferring Land Use Rights Through Inheritance or Donation of Lan d
1) Any peasant, pastoralist, or semi pastoralist landholder, shall have the right to transfer his land use right to his family member who have inheritance right according to the lava .
2) Without prejudice to Sub- Article (1) of this Article, heirs whose livelihood is entirely dependen t on the income from that land, or have no other income shall be given inheritance priority .
3) If the inheritance of land contradicts the provision specified in Article 7(1), the claimants shal l either jointly, or by any other means they agree upon use the land .
4) The government can distributed any land for which no heir is found, to the landless or to land deficit peasants.
5) Any peasant or pastoralist or semi pastoralist shall have the right to transfer his land use right t o his family members or children whose livelihood depends on it, or have no other income, or to his children who have no other incomes or are landless as a gift .
10. Rentingof PrivateHolding
1) Without prejudice to Article 7(1) any peasant, pastoralist or semi pastoralist has the right t o rent out up to half of his holding .
2) Duration of the agreement shall not be more than three years for those who apply traditiona l farming, and fifteen years for mechanized farming .
3) Land renting shall be valid before the law, if and only if it is registered and approval b y Oromia Agricultural and Rural development Bureau . The agreetnents made prior to thi s Proclamation shall be treated according to this proclamation.
4) Necessary support shall be made to make the valuation of land for renting coincide with th e prospective return from that land .
S) Any organ who rented rural land is obliged to apply proper preservation and conservation for the duration he holds the land .
6) Any agreement made on land renting shall bear the consent of all individuals who have right s on that land.
7) For any rented land, the land tax shall be paid by the name of the landholder .
8) Any land holder, having the right to use land, can make special agreement with any investor to develop his holding . The agreement shall be registered and approved by Agricultural and Rural development office in the vicinity .
11 . Land RentingbyGovernment
1) The government can rent out the land not held by the peasants or pastoralists or semi pastoralists .
2) The agreement to be made by Sub-Article 1 of this Article shall protect the benefits of th e peasants, pastoralists or semi pastoralists .
3) The renting price of rural land by government shall be subject to revision as necessary .
4) Theduration oftherenting agteementshall be decided by the government . 12 . Investment Lan d
1) In accordance with the existing investment law of the Region, any private investor shall hav e access to rural land and is obliged to conserve accordingly.
2) Private investors are obliged to plant indigenous trees at least on 2% of the given land .
3) The investment land shall be determined in the way that it shall protect the natural recourses o f the surrounding.
13. Land for Social Services
1) The community has the right to reserve land for residence and other social service s
2) Land can be used for establishing a village or urbanization by the consent of the community on substituting equivalent land or paying compensation to the holders.
14. Distribution and Redistribution of Lan d
1)Redistribution of peasant or pastoralist or semi pastoralist’s land holding shall not be carrie d out in the region, except irrigation land .
2)Unoccupied pockets of agricultural lands may be distributed to the landless and land defici t persons.
3)By the virtue of their comparative advantages. abandoned state farms shall be distributed t o the peasants and/or be rented out to investors.
4)For proper utilization of irrigation land and water resource, irrigation land shall be distributed/redistributed as follows;
(a) A maximum holding size of irrigation land of a peasant household shall not exceed 0 .5 hectare.
(b) “The distribution and redistribution” of irrigation land shall be applied to both traditiona l and modern irrigation lands; but, irrigation lands used by individual or group of farmers by developing spring water, diverting small rivers, water harvesting shall not b e redistributed. The details shall be determined by regulation .
(c) The distribution and redistribution of irrigation land shall take place with the participation and decision of the community using the land .
(d) Giving priority consideration of retaining the maximum holding size of 0.5 hectare for each holder whose land have fallen under irrigation development, and later from the remaining land a minimum holding size of 0 .25 hectare of land shall be distributed for peasants in the vicinity of the.
(e) Any peasant, pastoralist and semi pastoralist whose irrigable land holding is redistribute d to others shall be compensated with a reasonable rain fed land by the users of the
schemes. If compensation is not possible the land holder shall have the right to get additional half (0.5) hectare from the irrigable land .
(f) Any peasant, pastoralist and semi pastoralist whose holding falls under irrigatio n construction and if the landscape compels, is obliged to permit his holding . However, the land holder has the right to claim for compensation or replacement of land .
(g) Any Land user whose holding fall under dams, shall be compensated for his propertie s and given replacement of land by the users of the schemes or from government .
(h) Any irrigation land user shall be obliged to fully and effectively utalize and conserve the land.
(i) All irrigation land users shall be responsible to minimize and mitigate the negative environmental impacts associated with irrigation scheme
15. Rural Land Measurement, Registration and Holding Certificatio n
1) The size of rural lands under the holdings of private, communities, governmental and nongovernmental organizations shall be measured in accordance with their size, land use, an d fertility status and also, shall be registered by the data centers established highrarchicaly .
2)The rural land holdings described in Sub-Article 1 of this Article shall be surveyed with geo-referenced boundaries and maps shall be prepared by Oromia Agricultural and Rural
Development Bureau .
3)Rural land holding data including the current holder, its boundaries, status, potentials, th e right and obligation of the holder shall be registered by Oromia Agricultural and Rura l
Development Bureau and be availed for utilization.
4)Any holder of rural land shall be given a holding certificate by Oromia Agricultural and Rura l Development Bureau describing the size of holding. use and coverage, fertility status an d boundary, and also the right and obligation of the holder .
5)Any rural land that is held by lease or rent shall be registered by Agricultural and Rura l Development Bureau of Oromia.
6) Any rural land holder shall be given a life time certificate of holding .
7) Governmental, non-governmental organizations, investors and social organizations shall ge t certificate on their holdings .
8)Husband and wife holding a common land holding, shall be given a joint certificate of holdin g specifying both their names.
9)Without prejudice to Sub-Article 8 of this Article, husband and wife having equal right i n using the land registered in their names can also independently have a holding certificate fo r
their private holdings . The detail shall be decided by a regulation .
10)The use right of a husband or a wife, or both shall not be affected due to change of thei r residential areas .
11)Any person who has the right to use rural land is obliged to return the holding certificate t o Agricultural and Rural Development Bureau up on leaving to use the land .
12) Whenever the use right of rural land is change, the holding certificate shall be changed to th e new acquiring body accordingly.
13)According to Article 10(2) of this proclamation when the private holding is rented out, th e holding certificate shall be held by the holder .
14)Any person who is found using the land not given to him legally shall be obliged to leave th e land with out any condition and also be subject to penalty in accordance with the law .
15)An investor who has got the use right of rural land through lease or renting from governmen t shall use the right of his assets on the land as collateral .
16) Any one (governmental or non governmental organization or community etc .) who has th e right to use rural land shall be given a holding certificate by their name, whereas for th e communal lands held in the Kebele, the holding certificate shall be given by the name of the community using the land jointly . The details shall be worked out by Oromia Agricultura l and Rural Development Bureau .
16. Conflict and Dispute Resolutio n
1) Any conflict or disputes arising on land shall be resolved as follow :
(a) First application shall be submitted to the local Kebele Administration .
(b) The parties shall elect two arbitrary elders each.
(c) Chairpersons of arbitration elders are elected by the parties or by the arbitral elders, if no t agreed up on shall be assigned by local Kebele administrator .
(d) The Kebele Administration to whom the application is lodged shall cause the arbitrar y elders to produce the result of the arbiteratio15 days .
(e) The result of given by the arbitration shall be registered at the Kebele Administration, an d a copy with an official seal shall be given to both parties .
(f) A Party who has complaint on the rating elders, has the right to institute his case to the woreda court attaching the result of arbitration elders within 30 days as of the date registered by the Kebele Administration.
(g) Woreda court should not receive the suit if the result given by the arbitration is not attached t o it.
(h) The party dissatisfied by the decision given by the woreda court shall have the right to appeal to th e high court .
(i) If the high court altered the decision rendered by the woreda court, the dissatisfied part y may appeal to the Supreme Court .
(j) The decision given by the Supreme Court shall be the final .
2) Not withstanding the provision described Sub-Article 1 of this Article, the parties shall hav e the right to resolve their cases in any form they agreed upon .
17. Pending Cases
1) Pending cases at Kebele Social Court shall be resolved according Article 16 of thi s Proclamation.
2) Pending cases at woreda and other courts shall continue as it is .
Restrictions on Rural Land Use Planning and Conservatio n
18. Land Use Planning and Use of Sloppv and Gully Land s
1) A guiding land use master plan, which takes in to account soil type, landscape, weathe r conditions, vegetation cover and socio—economic conditions at watershed based approach ,
shall be developed and implemented by the Oromia Agricultural and Rural Developmen t
2) An equitable water use system shall be established between upper and lower watershe d communities.
3) In any type of rural land where soil and water conservation works have been undertaken, free grazing shall be prohibited and the condition in which the society utilize will be made step by step.
4) If the slope of the land is less than 30 – 60% its management shall follow the strategy of soi l conservation and water harvesting techniques .
5) Growing annual crops on coral lands having a slope gradient of 30-60% may be allowed onl y through the necessary terracing.
6) The rural land with a slope gradient of >60% shall not be used for crop production and fre e grazing and is limited to production of perennial and forage crops only .
7) Rural land of any’ slope which is highly degraded shall be closed from human and animal interferences for a given period of time to let it recover, and shall be used when ascertained that it has recovered Unless and otherwise the degradation is not caused by negligence, th e users – the peasant, pastoralists and semi pastoralists- shall be given compensation or other alternatives for the interim period .
8) Rural lands that have gullies, shall be put to rehabilitate and use by private and neighborin g holders and, as appropriate, by the local community, using biological and physica l
conservation works .
9) Rural lands that have gullies and are located on hilly areas shall be rehabilitated and develope d communally, and privately individuals as necessary .
10) The biodiversity in rural wetland shall be conserved and utilized in accordance with a suitabl e land use strategy as necessary .
19. Conservation of Farmlan d
1) Any rural land user who has got the use right shall be obliged to work on proper management and conservation of land individually and in cooperation with his neighbors .
2) Any individual who is entitled to use rural land shall be obliged to mange and conserve farm land boundary.
3) Any rural land user shall be obliged not to perform activities that aggravate soil erosion, like forest clearing, cultivating along the slope and unplanned design of traditional drainag e systems etc.
4) Any rural land user shall be obliged to plant tree species that can’t cause any damage o n agricultural land and production and those having economical and environmental advantages .
20. Wetland Managemen t
1) Rural land users are obliged to refrain from performing activities that cause damage to th e wetlands and springs .
2) Mismanagement and improper utilization of wetland is prohibited .
3) The wetland shall be used for agricultural purposes, with the consent of the community an d technical support of professionals.
21. Dams and Reservoir Area s
1)Any land user is obliged to rehabilitate and undertake conservation activities on the catchmen t areas of dam sites and reservoirs .
2)Rural land use in the vicinity of lakes, streams and springs that can cause devastation o f natural resources and biodiversities are prohibited.
22 . Protected and Demarcated Land
I) The government can demarcate and hold wildlife sanctuaries, parks, forest areas, minin g areas and lakes, etc necessary for the existence of many living things .
2)As per Sub-Article 1 of this Article, the demarcated areas shall be made to contribute for a sustainable economic development .
3)Delineation, demarcation, development, protection and rehabilitation and conservation o f protected land shall be done by the participation of the local community .
4)The condition by which the local community may share the benefit from the protected area s shall be arranged.
23. Patches of Forest Lan d
Patches of natural forest lands shall be identified, demarcated, protected, conserved, an d sustainably used by the local community .
24. Management of Remnant Mother Tree s
Land users are obliged to conserve and protect mother trees found on their holdings .
25. Mismanagement and Improper Utilization of Land
1) Any land user is obliged not to plant tree species that can cause damage on agricultural production o r water sources, and shall also be obliged to eradicate noxious weeds from his holdings .
2) Any rural land user, using land for agricultural development is obliged to conserve, preserve , renew soil and water conservation structures, and if not done, construct a new .
3) Any entity engaged in mining development and production shall be obliged to rehabilitate an d develop the mined land .
4) A directive for the proper utilization and conservation of unoccupied hills, degraded and unproductive lands, slid easily, sloppy and mountainous areas shall be drawn .
5) Forest lands, bushes and grass, gullies, shall be protected from fire hazards, expansion of far m lands and also production of coal .
6) Livestock production shall be made to harmonize with the carrying capacity of the grazing land .
7) Grazing farm lands and natural resources in development areas is prohibited .
PART FOUR Miscellaneouss Provision s
26.Responsibility of Oromia Agricultural and Rural Development Burea u
Oromia Agricultural Rural and Development Bureau is responsible for the execution of thi s proclamation .
Any land user who violates the provisions in this proclamation or regulations issued for th e implementation of this proclamation shall be tried under the applicable law .
28. Obligation to Cooperate
Any person shall be obliged to cooperate with the relevant bodies for the implementation of thi s proclamation .
29. Responsibility of the Regio n
Oromia Regional Council shall issue the necessary regulations for the implementation of thi s
30. Repealed and Inapplicable Law s
1) Rural Land Administration and Use Proclamations No . 56/2002, No. 70/2003 and 103/2005 are repealed and replaced by this Proclamation .
2) Any law and practice inconsistent with this proclamation shall be null and void .
31. Effective Date
This proclamation shall enter into force as of 29t h date of July, 2007.
Done at Finfinee, this 29 1″ July, 200 7
President of Oromia National Regional State