Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (C100 Equal Remuneration Convention, 1951)

The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-fourth Session on 6 June 1951, and
Having decided upon the adoption of certain proposals with regard to the principle of equal remuneration for men and women workers for work of equal value, which is the seventh item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-ninth day of June of the year one thousand nine hundred and fifty-one the following Convention, which may be cited as the Equal Remuneration Convention, 1951:
Article 1
For the purpose of this Convention–
(a) the term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment;
(b) the term equal remuneration for men and women workers for work of equal value refers to rates of remuneration established without discrimination based on sex.
Article 2
1. Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.
2. This principle may be applied by means of–
(a) national laws or regulations;
(b) legally established or recognised machinery for wage determination;
(c) collective agreements between employers and workers; or
(d) a combination of these various means.
Article 3
1. Where such action will assist in giving effect to the provisions of this Convention measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed.
2. The methods to be followed in this appraisal may be decided upon by the authorities responsible for the determination of rates of remuneration, or, where such rates are determined by collective agreements, by the partíes thereto.
3. Differential rates between workers which correspond, without regard to sex, to differences, as determined by such objective appraisal, in the work to be performed shall not be considered as being contrary to the principle of equal remuneration for men and women workers for work of equal value.
Article 4
Each Member shall co-operate as appropriate with the employers’ and workers’ organisations concerned for the purpose of giving effect to the provisions of this Convention.
Article 5
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 6
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 7
1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labour Organisation shall indicate —
a) the territories in respect of which the Member concerned undertakes that the provisions of the Convention shall be applied without modification;
b) the territories in respect of which it undertakes that the provisions of the Convention shall be applied subject to modifications, together with details of the said modifications;
c) the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
d) the territories in respect of which it reserves its decision pending further consideration of the position.
2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.
3. Any Member may at any time by a subsequent declaration cancel in whole or in part any reservation made in its original declaration in virtue of subparagraph (b), (c) or (d) of paragraph 1 of this Article.
4. Any Member may, at any time at which the Convention is subject to denunciation in accordance with the provisions of Article 9, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify.
Article 8
1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 4 or 5 of Article 35 of the Constitution of the International Labour Organisation shall indicate whether the provisions of the Convention will be applied in the territory concerned without modification or subject to modifications; when the declaration indicates that the provisions of the Convention will be applied subject to modifications, it shall give details of the said modifications.
2. The Member, Members or international authority concerned may at any time by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration.
3. The Member, Members or international authority concerned may, at any time at which this Convention is subject to denunciation in accordance with the provisions of Article 9, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of the application of the Convention.
Article 9
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 10
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.
Article 12
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 13
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides–
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative

Repealed Ethiopian Laws-1995

Due to lack of periodic consolidation of laws in Ethiopia, it is very difficult to precisely identify those laws which are repealed and inapplicable. This surely will create an obstacle in the judicial process of application and interpretation of laws. There are still laws from the imperial and dergue era including laws promulgated during the transitional government period, not repealed by parliament. Some of them are outdated and practically inapplicable. However, substantial part of these laws are still part of the legal system and maintain their status as effective and applicable laws.According to article 5 of Declaration of the establishment of the Federal Democratic Republic of Ethiopia proclamation no. 2/1995, All prior laws shall continue to apply unless they are inconsistent with the Constitution of the Federal Democratic Republic of Ethiopia.

Identifying and preparing an exhaustive list of all Ethiopian laws is not an easy task. This is typically true as regards laws repealed before the coming into force of the Constitution of the Federal Democratic Republic of Ethiopia. This is mainly due to the absence of the ‘soft copy’ version of the specific statutes before this time. However, as regards laws repealed during the time of 1995 (1987 E.C.) onwards by House of People’s Representatives, it is not as such difficult to identify them with certainty.

Starting from today I will  regularly post laws repealed during the time of 1995 onwards. You may find the list of repealed laws anytime on this blog by clicking on the repealed law category located on the sidebar.

Here is the list of laws repealed during 1995.

  • The Relief and Rehabilitation Commission Establishment Proclamation No.173/1979(as amended)

This law is repealed by Disaster Prevention and Preparedness Commission Establishment Proclamation No.10/1995. The repealing law itself was amended by Proclamation No. 383/2004. Both Proclamation No.10/1995 and Proclamation No. 383/2004 are again repealed by Proclamation No. 593/2008. Accordingly all the rights and obligation of Disaster Prevention and Preparedness Commission are now transferred to the Ministry of Agriculture
and Rural Development. The name of the Ministry is changed in to Ministry of Agriculture by a recent law determining the power of the executive i.e. proclamation no. 691/2010.

  • The Ethiopian Tourism Commission Establishment Proclamation No. 182/1980

Repealed by  Tourism commission establishment Proclamation No. 11/1995. Proclamation No. 11/1995 itself was repealed by Proclamation No.471 /2005 ( see proclamation no. 691/2010.  The Tourism commission is now upgraded to a ministry level and is now called Ministry of Culture and Tourism)

  • The Transitional Period Charter and The Definition of the Powers and Functions of the President Proclamation No. 1/1991

Repealed byDeclaration of the establishment of the Federal Democratic Republic of Ethiopia proclamation no. 2/19995

  • The Establishment of the Negarit Gazeta Proclamation No. 1/1942

Repealed by Federal Negarit Gazeta Establishment Proclamation No. 3/1995

  • The.Definition of Powers and Duties of the Central and Regional Executive Organs of the: Transitional Government of Ethiopia Proclamation No. 41/1993 (as amended)
  • The Definition of Powers and Duties of the Prime Minister and the Council of Ministers Proclamation
    No. 2/1991

Repealed by Definition of Powers and Duties of the Executive Organs Proclamation No. 4/1995. Proclamation No. 4/1995 itself was amended by Proclamation No. 93/1997 and then it’s  (i.e. Proclamation No. 4/1995) Article 6 and 9 were repealed by Proclamation No. 256/2001. Then Proclamation No. 256/2001 itself was amended by Proclamation No. 380/2004. Again for the second time Proclamation No. 256/2001 was amended by Proclamation No.411 /2004.  Then Proclamation No. 465/2005 amended Sub-Article (9) of Article 23 of Proclamation No. 4/1995  with the effect of deleting and substituting it with a new article 9.  Lastly Proclamation No. 4/1995 (as amended) and No. 256/2001 (as amended) were repealed by Proclamation No.471 /2005 .

This was followed by Three amendments to Proclamation No.471 /2005 by Proclamation No. 546/2007, Proclamation No. 603/2008 and Proclamation No 642/2009. Lastly, Proclamation No. 471/2005 (as amended) was repealed by the more recent and currently effective law as regards the power of the executive which is Proclamation No. 691/2010.

The Ethiopian Science and Technology Commission Establishment proclamation 91/1994

Repealed by  Ethiopian Science and Technology Establishment Commission Proclamation No.7/1995 ( now upgraded to a Ministry level and is called Ministry of Science and Technology see proclamation 691/2010)

 

The Ethiopian Science and Technology Commission Establishment proclamation 91/1994

A PROCLAMATION TO PROVIDE FOR THE DEFINITION OF POWERS AND DUTIES OF THE EXECUTIVE ORGANS OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA (PROCLAMATION NO. 691/2010)

A PROCLAMATION TO PROVIDE FOR THE DEFINITION OF POWERS AND DUTIES OF THE EXECUTIVE ORGANS OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA (PROCLAMATION NO. 691/2010)

 Download pdf

WHEREAS it has been found necessary to redefine the organization, powers and duties of the executive organs of the Federal Democratic Republic of Ethiopia;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE GENERAL

1. Short Title

This Proclamation may be cited as the “Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 691/2010.”

2. Definition

In this Proclamation unless the context otherwise requires:

1/“Regional State” means any state referred to under Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations;

2/ any expression in the masculine gender includes the feminine.

PART TWO

THE PRIME MINISTER, THE DEPUTY PRIME MINISTER AND THE COUNCIL OF MINISTERS

3. Powers and Duties of the Prime Minister

The powers and duties of the Prime Minister of the Federal Democratic Republic of Ethiopia shall be as specified under Article 74 of the Constitution.

4. Powers and Duties of the Deputy Prime Minister

The powers and duties of the Deputy Prime Minister of the Federal Democratic Republic of Ethiopia shall be as specified under Article 75 of the Constitution.

5. Powers and Duties of the Council of Ministers

The powers and duties of the Council of Ministers of the Federal Democratic Republic of Ethiopia shall be as specified under Article 77 of the Constitution.

6. Members of the Council of Ministers

1/ The Council of Ministers shall have the following members:

a)the Prime Minister;

b)the Deputy Prime Minister;

c)Ministers heading the ministries specified under Article 9 of this Proclamation; and

d)other officials to be designated by the Prime Minister.

2/Where any Minister referred to in sub-article

(1)(c) of this Article cannot attend the meeting of the Council, the Minister of State of the Ministry or, in the absence of Minister of State, the Vice Minister shall take part in the meeting of the Council. Where there are more than one Ministers of State or in, the absence of Minister of State, more than one Vice Ministers, the senior Minister of State or Vice Minister shall, unless specific delegation has been given by the Minister, take part in the meeting of the Council.

7. Meeting Procedure of the Council of Ministers

1/ The Council of Ministers shall:

a)have its own procedural manuals;

b)conduct ordinary and extraordinary meetings in accordance with its rules of procedure;

c)have a quorum where more than half of its members are present;

d)pass decisions by consensus or, failing that, by majority vote.

2/ The Prime Minister shall:

a)without prejudice to the rights of the members of the Council of Ministers to propose agenda items, determine the agenda of the Council;

b)preside over the meetings of the Council;

c)adjourn the meetings of the Council under circumstances where he finds it necessary to refer a case, included in the Council’s agenda, to the relevant committee of the Council.

3/In the absence of the Prime Minister, the Deputy Prime Minister shall preside over the meetings of the Council.

8. Standing Committees of the Council

1/The Council of Ministers may, with a view to facilitating its functions, have various standing committees comprising of its members.

2/The powers and duties of standing committees shall be defined in the manuals of the Council.

PART THREE MINISTRIES

9. Establishment

The following Ministries are hereby established:

1/the Ministry of National Defense;

2/the Ministry of Federal Affairs;

3/the Ministry of Foreign Affairs;

4/the Ministry of Justice;

5/the Ministry of Civil Service;

6/the Ministry of Finance and Economic Development;

7/the Ministry of Agriculture;

8/the Ministry of Industry;

9/the Ministry of Trade;

10/the Ministry of Science and Technology;

11/the Ministry of Transport;

12/the Ministry of Communications and
Information Technology;

13/the Ministry of Urban Development and
Construction;

14/the Ministry of Water and Energy;

15/the Ministry of Mines;

16/the Ministry of Education;

17/the Ministry of Health;

18/the Ministry of Labour and Social Affairs;

19/the Ministry of Culture and Tourism;

20/the Ministry of Women, Children and Youth
Affairs.

10. Common Powers and Duties of Ministries

Each Ministry shall have the powers and duties to:

1/ in its area of jurisdiction:

a)initiate policies and laws, prepare plans and budgets, and upon approval implement same;

b)ensure the enforcement of the federal government laws;

c)undertake study and research; collect, compile and disseminate information;

d)undertake capacity building activities;

e)provide assistance and advice to regional states, as necessary; and provide coordinated support to regional states eligible for affirmative support as coordinated by the Ministry of Federal Affairs;

f)enter into contracts and international agreements in accordance with the law;

2/direct and coordinate the performances of the executive organs made accountable to it under the laws establishing them or under Article 33 of this Proclamation; review the organizational structures as well as the work programs and budgets of the executive organs and approve their submission to the appropriate government organs;

3/supervise the public enterprises made accountable to it in accordance with the Public Enterprises Proclamation No. 25/1992, and ensure that they operate as development catalysts;

4/address women and youth affairs in the preparation of policies, laws and development programs and projects;

5/create, within its powers, conditions whereby persons with disabilities and H.I.V. AIDS victims benefit from equal opportunities and full participation;

6/exercise the powers and duties given to it under this Proclamation and other laws;

7/where necessary, delegate part of its powers and duties to other federal or regional state organs;

8/submit periodic performance reports to the Prime Minister and the Council of Ministers.

11. Accountability and Responsibility of Ministers

Each Minister shall:

1/be accountable to the Prime Minister and the Council of Ministers;

2/represent and exercise the powers and duties of the Ministry he is heading;

3/effect payments in accordance with the budget and work programs approved for the Ministry;

4/ensure the implementation of performance management system within the Ministry.

12. Accountability and Responsibility of Ministers of State and Vice Ministers

1/Each Minister of State or Vice Minister of a Ministry shall be accountable to the Minister and shall carry out the responsibilities specifically entrusted to him.

2/The Minister of State or, in the absence of Minister of State, the Vice Minister shall act on behalf of the Minister in his absence. Where there are more than one Ministers of State or where, in the absence of Minister of State, there are more than one Vice Ministers, the senior Minister of State or Vice Minister shall act on behalf of the Minister in his absence.

13. The Ministry of National Defense

The Ministry of National Defense shall have the powers and duties to:

1/defend the territorial integrity of the country in cooperation with the appropriate organs;

2/establish, equip and supervise the defense forces and ensure their combat capabilities;

3/ ensure that the composition of the national defense forces reflect equitable representation of nations, nationalities and peoples and that they carry out their functions free of any partisanship to any political organization;

4/organize training establishments for the defense forces;

5/enforce security measures and the constitutional order, when instructed in accordance with the provisions of the Constitution, where situations endangering public safety are beyond the control of regional states or where any Regional State violates the Constitution and endangers the constitutional order;

6/combat guerrilla and terrorist activities;

7/construct and cause the construction of military camps and residential quarters required for the defense forces;

8/prepare plans and get authorizations for the coordinated utilization of resources in the country that may be required in an event of national mobilization;

9/prepare schemes whereby the public can defend or guard itself against enemy threats when general mobilization is declared; and, upon authorization, implement same in cooperation with concerned organs;

10/recruit, train and organize national reserve force that shall join the armed forces in time of war or state of emergency and that shall provide assistance in the event of man-made or natural disasters;

11/coordinate the activities of, and cooperate with the appropriate federal and regional state organs in matters relating to the defense of the country;

12/organize and deploy competent peacekeeping forces where the country is required to participate in international peacekeeping missions;

13/ retain and utilize, upon obtaining the approval of the Council of Ministers:

a)revenue generated by engaging idle facilities of defense institutions, in peace times, in income generating activities;

b)the proceeds of disposal of properties which are no more required for defense purposes; and

c) dividends from enterprises put under its supervision;

for national defense capacity building projects;

14/ensure that the procedures and standards embodied in the Financial Administration Proclamation No. 648/2009 and regulations and directives issued there under are followed in the administration of the fund referred to in sub-article (13) of this Article and submit same for auditing by the Auditor General;

15/ensure that the defense forces participate in the country’s development activities in times of peace.

14. The Ministry of Federal Affairs

1/ The Ministry of Federal Affairs shall have the powers and duties to:

a)cooperate with concerned federal and regional state organs in maintaining public order;

b)without prejudice to the provisions of Article 48 and 62(6) of the Constitution of the Federal Democratic Republic of Ethiopia, facilitate the resolution of disputes arising between regional states;

c)without prejudice to the provisions of the relevant laws and upon requests of regional states, devise and implement sustainable political solutions for disputes and conflicts that may arise within regional states;

d)coordinate the implementation of decisions authorizing the intervention of the federal government in the affairs of regional states;

e)serve as a focal point in creating good federal-regional relationship and cooperation based on mutual understanding and partnership and thereby strengthen the federal system;

f)provide assistance to regional states particularly to those deserving special support;

g)coordinate, integrate and follow up supports given by other federal organs to regional states deserving special support;

h)work in collaboration with pertinent government organs, religious institutions and other organs to ensure that peace and mutual respect will prevail among followers of different religions and beliefs, and to be able to prevent conflicts; register religious organizations and associations;

i)ensure the proper execution of functions relating to federal police, federal prisons and mine sweeping;

j)issue permit for the possession or use of arms, firearms and explosives; determine conditions applicable for the selling of explosives; issue permits for the selling and repairing of arms and fire arms;

k)ensure the proper execution at the federal level of functions relating to the registration of charities and societies.

2/The powers and duties given to the

Ministry of Justice, with respect to matters relating to charities and societies, by the provisions of other laws, currently in force, are hereby given to the Ministry of Federal Affairs.

15. The Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall have the powers and duties to:

1/safeguard the interests and rights of the country in connection with its foreign relations and ensure that they are respected by foreign states;

2/ensure that the country’s good relations with  neighboring countries are strengthened;

3/in consultation with the concerned organs, negotiate and sign, upon approval by the government, treaties that Ethiopia enters into with other states and international organizations, except in so far as such power is specifically given by law to other organs; and effect all formalities of ratification of treaties;

4/ensure the enforcement of rights and obligations arising from treaties signed by the Ethiopian government except in so far as specific power has legally been delegated to other organs;

5/register and keep all authentic copies of treaties concluded between Ethiopia and other states and international organizations;

6/perform the functions of a depository of multilateral treaties when the Ethiopian government is a depository of such treaties;

7/coordinate and supervise the activities of

Ethiopia’s diplomatic and consular missions and permanent missions of Ethiopia to international organizations;

8/coordinate all relations of other government organs with foreign states and international organizations;

9/keep contacts, as may be necessary, with foreign diplomatic and consular representatives in Ethiopia as well as with representatives of international organizations with a view to facilitating the protection of mutual interests;

10/ensure that privileges and immunities accorded to foreign diplomatic missions and representatives of international organizations under international laws and treaties to which Ethiopia is a party are respected;

11/ issue diplomatic and service passports and diplomatic and service entry visas in accordance with the relevant laws;

12/ through pursuing economic diplomacy, cooperate with the concerned organs in:

a)promoting the country’s foreign trade and tourism;

b)identifying and attracting foreign investors;

c)facilitating the mobilization of external financial and technical assistances.

13/ensure that the interests and the rights of Ethiopians residing abroad are protected; encourage and support associations formed by Ethiopian communities and friends of Ethiopia.

16. The Ministry of Justice

The Ministry of Justice shall have the powers and duties to:

1/be chief advisor to the federal government on matters of law;

2/undertake legal reform studies and carry out the codification and consolidation of federal laws; collect Regional State laws and consolidate same as necessary;

3/assist in the preparation of draft laws when so requested by federal organs and regional states;

4/study the causes of crimes; devise ways and means of crime prevention; coordinate the relevant government organs and communities in crime prevention;

5/undertake or order the conduct of investigation where it believes that a crime the adjudication of which falls under the jurisdiction of the federal courts has been committed; direct and supervise the process of the investigation; allow plea-bargain; upon the existence of good cause, decide on the discontinuance of an investigation or the carrying out of additional investigation;

6/represent the federal government in the institution and trial of criminal charges; withdraw criminal charges for good causes and in accordance with the law; follow up the execution of decisions of the courts;

7/establish systems for gathering, handling and distribution of information relating to criminal justice; and provide support to the concerned organs of justice;

8/institute suit on behalf of federal government offices and public enterprises or intervene at any stage of the proceedings of such suit before the competent courts or other judicial bodies where the rights and interests of the public and of the federal government so require; and follow up the execution of court decisions which made government offices and public enterprises judgment creditors;

9/follow up, as necessary, the handling of civil suits and claims to which the federal government offices and public enterprises are parties; cause reports to be submitted to it on same, and ensure that competent legal professionals are assigned; where it believes that an infringement of the law has been committed, it shall give instructions to rectify the irregularities and follow up the observance of same;

10/assist in the amicable resolution of disputes arising between federal government offices and public enterprises;

11/represent citizens, in particular women and children, who are unable to institute and pursue their civil suits before the federal courts;

12/license and supervise advocates practicing before federal courts;

13/ensure that whistleblowers and witnesses of criminal offences are accorded protection in accordance with the law;

14/coordinate activities involving international judicial assistance with respect to criminal cases;

15/create legal awareness through the use of various methods with a view to raising public consciousness in relation to the protection of human rights; cooperate with the appropriate bodies in relation to legal education and training.

17. The Ministry of Civil Service

1/ The Ministry of Civil Service shall have the powers and duties to:

a)ensure that a competent and effective civil service is established;

b)ensure that the recruitment and selection of the federal civil servants is based on merit system;

c)adopt strategies for the sustainable development and use of human resources in the civil service, and follow up the implementation of same;

d)ensure that competence and performance related pay and reward system is established for the civil service; evaluate its effectiveness and make necessary adjustments;

e)ensure the establishment of a system for monitoring the observance of federal civil servants’ code of ethics, and follow up the implementation of same;

f)follow up and ensure the proper enforcement of federal civil servants’ administration laws;

g)coordinate public sector capacity building activities; adopt strategies for continuous improvement of service delivery in the public sector; monitor and evaluate the implementation of same;

h)review organizational structures of federal government offices for their appropriateness; provide necessary support in conducting reform studies;

i)ensure that federal government offices have established and implement service standards, and procedures for handling grievances of customers;

j) ensure the development and implementation of uniform information system on human resource management of the civil service and serve as an information clearing house;

k)decide on requests for authorization of retention of civil servants in service beyond retirement age.

2/The powers and duties given to the Federal

Civil Service Agency by the provisions of other laws, currently in force, are hereby given to the Ministry of Civil Service.

18. The Ministry of Finance and Economic Development

The Ministry of Finance and Economic Development shall have the powers and duties to:

1/initiate policies that ensure sustainable and equitable economic development as well as macro-economic stability in the country; in cooperation with the concerned organs, manage the economy by monitoring the implementation of such policy and submit reports on the performance of the economy;

2/establish a system for the preparation and implementation of national development plan, and in cooperation with the concerned organs prepare the country’s economic and social development plan and follow-up the implementation of same upon approval;

3/establish a system for the preparation and implementation of development projects; conduct pre-implementation evaluation of project proposals submitted for financing;

4/follow up and evaluate the performance of general, sectoral and multisectoral development plans; prepare a national report on the implementation of development plans which shall include the performance of regional states plans;

5/initiate macro-economic and fiscal policies that particularly serve as a basis for taxes, and follow-up he implementation of the same;

6/establish systems of budgeting, accounting, disbursement and internal audit for the federal government, and follow-up the implementation of same; ensure the harmonization of systems of budgeting, accounting, disbursement and internal audit established at the levels of both federal and regional governments;

7/prepare the federal government budget, make disbursements in accordance with the budget approved, and evaluate the performance of the budget;

8/establish a system of procurement and property administration for the federal government and supervise the implementation of same;

9/mobilize, negotiate and sign foreign development and loans, and follow-up the implementation of same;

10/mange and coordinate the bilateral economic cooperation as well as the relationship with international and regional organizations set-up to create economic cooperation; follow up the impact of the same on the performance of the country’s economy;

11/be the depository of and safeguard the federal government’s shares, negotiable and non-negotiable instruments and other similar financial assets;

12/formulate the population policy of the country; upon approval, follow up, coordinate and supervise its implementation

13/ ensure the proper execution of functions relating to mapping and statistics.

19. The Ministry of Agriculture

1/ The Ministry of Agriculture shall have the powers and duties to:

a)promote the expansion of extension and training services provided to farmers, pastoralists and private investors to improve the productivity of the agricultural sector;

b)establish a system to ensure that any agricultural product supplied to the market maintains its quality standard; and follow up the implementation of same;

c)conduct quarantine on plants, seeds, animals and animal products brought into or taken out of the country;

d)control the outbreak of animal and plant diseases and migratory pests;

e)formulate  and facilitate the implementation of a strategy for natural resources protection and development through sustainable agricultural development

f) build capacity for supplying, distributing and marketing of agricultural inputs, and ensure the supply of the inputs;

g)ensure the proper administration and control of pesticides and veterinary drugs;

h)establish and direct training centers that contribute to the enhancement of agricultural development and the improvement of rural technologies;

i)undertake disaster prevention and preparedness activities and ensure the proper implementation of the food security program;

j)ensure the creation of enabling environment for the provision of credit facilities to farmers and pastoralists;

k)monitor events affecting agricultural production and set up an early warning system;

l) establish a system whereby stakeholders of agricultural research coordinate their activities and work in collaboration;

m)expand small-scale irrigation schemes to enhance agricultural development;

n)follow up and provide support in the establishment of a system involving rural land administration and use, and organize a national database;

o)ensure the proper execution of functions relating to agricultural research, conservation of biodiversity and the administration of agricultural investment lands entrusted to the federal government on the basis of powers of delegation obtained from regional states.

2/Without prejudice to the provisions of Article 21(2) and Article 26(2) of this Proclamation, the powers and duties given to the Ministry of Agriculture and Rural Development by the provisions of other laws, currently in force, are hereby given to the Ministry of Agriculture.

20. The Ministry of Industry

1/ The Ministry of Industry shall have the powers and duties to:

a)promote the expansion of industry and investment;

b)create conducive conditions for the acceleration of industrial development;

c)provide support to industries considered to be of strategic importance;

d)create enabling environment for domestic and foreign investment;

e)facilitate the provision of efficient one-stop shopping services to investors;

f)ensure that public enterprises are effectively managed and privatized in compliance with the law;

g)encourage the establishment of sectoral and professional associations, and strengthen those already established.

2/The powers and duties given to the Ministry of Trade and Industry by the provisions of other laws, currently in force, with respect to matters relating to industry and investment are hereby given to the Ministry of Industry; provided, however, that the powers given to the Ministry of Trade and industry under Proclamation No. 415/2004, with respect to the administration of the Sugar Development Fund, are hereby given to Public Sugar Development Enterprises Supervising Authority.

21. The Ministry of Trade

1/ The Ministry of Trade shall have the powers and duties to:

a)promote the expansion of domestic trade and take appropriate measures to maintain lawful trade practices;

b)create conducive conditions for the promotion and development of the country’s export trade and extend support to exporters;

c)establish a system that enable to ascertain that export or import goods are sold or bought at the appropriate price; make follow ups in collaboration with the concerned executive bodies, and take measures in accordance with the law against those who export or import by under invoicing;

d)establish foreign trade relations, coordinate trade negotiations, sign and implement trade agreements;

e)establish and follow up the implementation of comprehensive system for the prevention of anti-competitive trade practices; provide protection to consumers in accordance with the law;

f)provide commercial registration and business licensing services, and control the use of business licenses for unauthorized purposes;

g)undertake and submit to the Council of Ministers price studies relating to basic commodities and services that have to be under price control and, upon approval, follow up the implementation of same;

h)establish the legal metrological system of the country, regulate its enforcement and coordinate the concerned regulatory bodies;

i)control the qualities of export and import goods; prohibit the importation and exportation of goods that do not comply with the requirements of the standards, and work in collaboration with the concerned organs;

j)control the compliance of goods and services with the requirements of mandatory Ethiopian standards, and take measure against those found to be below the standards set for them;

k)cause the coordinated enforcement of standards applied by other enforcement bodies, organize and direct implementation review conferences;

l)organize the trade data of the country, and disseminate same to the concerned bodies;

j)encourage the establishment of cooperative societies, including those of consumers, and chambers of commerce and sectoral associations, and strengthen those already established.

2/The powers and duties given to the

Ministry of Trade and Industry by the provisions of other laws, currently in force, with respect to matters relating to trade and to the Ministry of Agriculture, with respect to agricultural marketing, are hereby given to the Ministry of Trade.

22. The Ministry of Science and Technology

The Ministry of Science and Technology shall have the powers and duties to:

1/prepare national science and technology research and development programs based on the country’s development priorities, and upon approval by the government, provide necessary support for their implementation; follow up and evaluate same;

2/in cooperation with the concerned bodies, establish a system for technology need assessment, identification, acquisition, packaging, utilization and disposal, and follow up the implementation of same;

3/register technology transfers made in every sector, coordinate codification and technology capability accumulation efforts, and ensure successive use of same;

4/coordinate science and technology development activities and national research programs; ensure that research activities are conducted in line with the country’s development needs;

5/organize science, technology and innovation data base, compile information, set national standards for information management, prepare and ensure the application of science and technology innovation indicators;

6/facilitate interaction and collaboration among government and private higher education and research institutions and industries with a view to enhance research and technological development;

7/prepare and follow up the implementation of the country’s long-term human resource development plans in the field of science, technology and innovation; cooperate with the concerned organs to ensure that the countries educational curricula focus on the development of science and technology;

8/facilitate capacity building of public and private sector institutions and professionals involved in science and technological activities;

9/establish and implement a system for granting prizes and incentives to individuals and institutions who have contributed to the advancement of science, technology and innovations;

10/establish, coordinate and support councils that facilitate the coordination of research activities;

11/encourage and support professional associations and academies that may contribute to the development of science and technology.

23. The Ministry of Transport

1/ The Ministry of Transport shall have the powers and duties to:

a)promote the expansion of transport services;

b)ensure that the provision of transport services are integrated and are in line with the country’s development strategies;

c)ensure the establishment and implementtation of regulatory frameworks to guarantee the provision of reliable and safe transport services;

d)regulate maritime and transit services;

e)ensure that transport infrastructures are constructed, upgraded and maintained;

f)follow up the activities of the Ethio-Djibouti Railways in accordance with the agreements concluded between the two countries.

2/ The powers and duties given to the Ministry of transport and Communications by the provisions of other laws, currently in force, with respect to matters relating to the transport sector are hereby given to the Ministry of Transport.

24. The Ministry of Communications and Information Technology

1/The Ministry of Communications and Information Technology shall have the powers and duties to:

24. The Ministry of Communications and Information Technology

1/The Ministry of Communications and Information Technology shall have the powers and duties to:

a)promote the expansion of communication services and the development of

information technology;

b)set and implement standards to ensure the provision of quality, reliable and safe communication and information technology services;

c)regulate the rate of telecommunication service charges;

d)license and regulate telecommunication and postal service operators;

e)ensure the technical compatibility of telecommunication equipments;

f)facilitate the creation of institutional capacity for the effective implementation of information technology development policy;

g)assign and monitor government domain names and register addresses to develop and coordinate government institutions’ information system;

h)coordinate all stakeholders for the creation and proper utilization of country code top level domain, and facilitate the proper implementation of same;

i)facilitate the creation of fast and affordable information access;

j)follow up, and provide necessary support for, the implementation of modern information network between and within federal and regional government institutions;

k)ensure mission critical systems and services in public sector are computerized and online services are gradually available to users;

l) ensure the integration and interoperability of operational and forthcoming computer networks and applications;

m)support the coordinated and secured information flow and exchange between government institutions, follow up their proper applications.

2/The powers and duties given to the Ministry of Transport and Communications by the provisions of other laws, currently in force, with respect to matters relating to the communication sector as well as the powers and duties given to the Telecommunication Agency with respect to matters relating to the telecommunication sector are hereby given to the Ministry of Communication and Information Technology.

25. The Ministry of Urban Development and Construction

1/The Ministry of Urban Development and Construction shall have the powers and duties to:

a) undertake studies relating to urbanization, and set criteria for grading urban centers;

b)provide all-round and coordinated support to urban centers to make them development centers capable of influencing their surroundings;

c)provide capacity building support to urban centers for improving their service delivery; and where necessary, organize training and research centers in the field of urban development;

d)in cooperation with regional states, undertake studies for the integration of urban and rural development activities; assist and follow-up the implementation of same;

e)follow up the activities of city administrations accountable to the federal government;

f)undertake studies for setting general directions for urban dwellers to build residential houses compatible with their own means; provide capacity building support to urban centers for the implementation of same;

g)undertake studies for the integration of urban development with poverty reduction activities, and support the implementation of same;

h)promote the expansion of micro and small enterprises;

i)without prejudice to the powers given by law to other organs, set and follow up the compliance of standards for construction works;

j)create conducive conditions for the development of internationally competitive construction industry;

k)provide necessary support in the preparation of designs and contract documents for, and in the supervision of building constructions financed by the federal government;

l)register and issue certificates of professional competence to engineers and architects; determine the grades of contractors and consultants, and issue certificates of competence to those operating in more than one regional states;

m)undertake research for improving the types and qualities of local construction materials;

n)without prejudice to the powers given by law to any other government organ, ensure the proper administration of houses owned by the federal government.

2/The powers and duties given to the Ministry of

Works and Urban Development by the provisions of other laws, currently in force, are hereby given to the Ministry of Urban Development and Construction.

26. TheMinistry of Water and Energy

1/ The Ministry of Water and Energy shall have the powers and duties to:

a) promote the development of water resources and energy;

b)undertake basin studies and determine the country’s ground and surface water resource potential in terms of volume and quality, and facilitate the utilization of same;

c)determine conditions and methods required for the optimum and equitable allocation and utilization of water bodies that flow across or lie between more than one regional states among various uses and the regional states;

d)undertake studies and negotiations of treaties pertaining to the utilization of boundary and trans-boundary water bodies, and follow up the implementation of same;

e)cause the carrying out of study, design and construction works to promote the expansion of medium and large irrigation dams;

f)administer dams and water structures constructed by federal budget unless they are entrusted to the authority of other relevant bodies;

g)in cooperation with the appropriate organs, prescribe quality standards for waters to be used for various purposes;

h)support the expansion of potable water supply coverage; follow up and coordinate the implementation of projects financed by foreign assistance and loans;

i)undertake studies concerning the development and utilization of energy; and promote the growth and expansion of the country’s supply of electric energy;

j)promote the development of alternative energy sources and technologies;

k)set standards for petroleum storage and distribution facilities, and follow up the enforcement of same;

l)issue permits and regulate the construction and operation of water works relating to water bodies referred to in paragraphs (c) and (d) of this sub-article;

m)in cooperation with the appropriate organs, determine the volume of petroleum reserve and ensure that it is maintained;

n)ensure the proper execution of functions relating to meteorological services.

2/The powers and duties given to the Ministry of Water Resources and the Ministry of Mines and Energy, with respect to energy, by the provisions of other laws, currently in force, and with respect to rural electrification, to the Ministry of Agriculture and Rural Development and the Ethiopian Rural Energy Development and Promotion Center under Proclamation No. 317/2003 are hereby given to the Ministry of Water and Energy.

27. The Ministry of Mines

1/The Ministry of Mines shall have the powers and duties to:

a) promote the development of mining;

b) ensure he proper collection, maintenance and accessibility to users of data on minerals;

c)encourage mining investment through facilitating exploration and mining operations;

d)regulate, in cooperation with the concerned organs, the market for precious and ornamental minerals produced at the level of traditional and small-scale mining operations;

e)organize, as may be necessary, research and training centers that may assist the enhancement of the development of mining;

f)issue licenses to private investors engaged in exploration and mining operations, and ensure that they conduct mining operations and meet financial obligations in accordance with their concession agreements.

2/The powers and duties given to the Ministry of Mines and Energy by the provisions of other laws, currently in force, with respect to mines are hereby given to the Ministry of Mines.

28. The Ministry of Education

The Ministry of Education shall have the powers and duties to:

1/ set education and training standards, and ensure the implementation of same;

2/ without prejudice to the generality of sub-article (1) of this Article፡

a)formulate a national qualification framework;

b)formulate a general framework of

curricula for education;

c)set minimum educational qualification requirements for school teachers;

d)set minimum standards for education and training institutions;

3/expand and lead higher education;

4/ensure that quality and relevant education and training have been offered at all level of the educational and training system;

5/prepare and administer national examinations based on the country’s education and training policy and curricula; maintain records and issue certificates of results;

6/develop national technical and vocational education and training strategies and ensure their implementation;

7/ensure that student admissions and placements in public higher education institutions are equitable;

8/publicize national performance in education and training.

29. The Ministry of Health

The Ministry of Health shall have the powers and duties to:

1/formulate the country’s health sector development programme; follow up and evaluate the implementation of same;

2/support the expansion of health services coverage; follow up and coordinate the implementation of health programs financed by foreign assistance and loans;

3/direct, coordinate and follow up implementation of the country’s health information system;

4/devise and follow up the implementation of strategies for the prevention of epidemic and communicable diseases;

5/follow up and coordinate the implementation of national nutrition strategies;

6/take preventive measures in the events of emergency situations that threaten public health, and coordinate measures to be taken by other bodies;

7/ensure adequate supply and proper utilization of essential drugs and medical equipment in the country;

8/prepare the country’s health services coverage map; provide support for the expansion of health infrastructure;

9/supervise the administration of federal hospitals;

10/collaborate with the appropriate bodies in providing quality and relevant health professionals’ trainings within the country;

11/provide appropriate support to promote research activities intended to provide solutions for the country’s health problems and for improving health service delivery;

12/expand health education through various appropriate means;

13/ensure the proper execution of food, medicine and health care regulatory functions.

30. The Ministry of Labour and Social Affairs

The Ministry of Labour and Social Affairs shall have the powers and duties to:

1/ with a view to ensuring the maintenance of industrial peace:

a)encourage and support workers and employers to exercise their rights to organize and collective bargaining;

b)encourage the practice of participating in bilateral forums between workers and employers and tri-partite forums including the government;

c) establish efficient labour dispute settlement mechanisms;

2/issue and follow up the implementation of occupational health and safety standards;

3/create conducive conditions for the provision of efficient and equitable employment services; determine conditions for the issuance of work permit to foreigners, issue such permits and, in cooperation with the relevant bodies, supervise compliance therewith; regulate the provision of foreign employment services to Ethiopians;

4/undertake studies on manpower employed in the formal and informal sectors, unemployed manpower and occupational classifications in the country; collect, compile and disseminate information on labour market;

5/ register workers’ and employers’ unions established at national level;

6/register workers’ unions and collective agreements relating to federal public enterprises situated in cities accountable to the federal government, and carry out labour inspection services in such enterprises; provide conciliation services to amicably settle labour disputes arising between employers and employees;

7/in cooperation with the concerned stakeholders, undertake and facilitate the implementation of studies on ensuring and improving the social well-being of citizens, in particular, on:

a)the creation of enabling conditions for persons with disabilities to benefit from equal opportunities and full participation;

b)the provision of care to the elderly and the encouragement of their participation; c)the prevention of social problems and provision of rehabilitation services to the affected members of the society.

31. The Ministry of Culture and Tourism

The Ministry of Culture and Tourism shall have the powers and duties to:

1/cause the study and preservation of history, cultural heritages and values of the nations, nationalities and peoples of Ethiopia;

2/cause the study of the languages of the nations, nationalities and peoples of Ethiopia and advancement and promotion of their literatures;

3/undertake activities to bring about changes in those cultural attitudes, beliefs and practices hindering social progress;

4/promote the contribution of culture to development;

5/expand cultural institutions to institutionalize public participation in the development of culture;

6/ promote creativity in artistic works and fine arts;

7/create conducive environment for the development of the country’s film industry and theatrical arts;

8/promote widely the country’s tourist attractions and its positive image on the world tourism market, and encourage domestic tourism;

9/ensure that the country’s tourist attractions are identified, properly developed and organized, tourist facilities are expanded, and that local communities share the benefits derived from tourism;

10/facilitate the studying and preservation of the country’s natural heritages and the development and utilization of them as tourist attractions; ensure the proper management of wildlife conservation areas designated to be administered by the federal government;

11/set and supervise the enforcement of standards for tourist facilities;

12/serve as a focal point for forums established to facilitate the coordination of the multi-sectoral efforts required for the provision of quality tourist services and for ensuring the well-being of tourists;

13/build the capacity of the tourism sector through the provision of human resource training and consultancy supports;

14/collect, compile and disseminate information on culture and tourism.

32. The Ministry of Women, Children and Youth Affairs

The Ministry of Women, Children and Youth Affairs shall have the powers and duties to:

1/create awareness and movement on the question of women, children and youth;

2/collect, compile and disseminate to all stakeholders information on the objective realities faced by women, children and youth;

/ensure that opportunities are created for women and the youth to actively participate in political, economic and social affairs of the country;

4/encourage and support women and the youth to be organized, based on their free will and needs, with a view to defending their rights and solving their problems;

5/design strategies to follow up and evaluate the preparation of policies, legislations, development programs and projects by federal government organs to ensure that they give due considerations to women and youth issues;

6/undertake studies to identify discriminatory practices affecting women, facilitate the creation of conditions for the elimination of such practices, and follow up their implementation;

7/device means for the proper application of women’s right to affirmative actions guaranteed at the national level and follow the implementation of same;

8/ensure that due attention is given to select women for decision-making positions in various government organs;

9/ coordinate all stakeholders to protect the rights and well-being of children;

10/follow up the implementation of treaties relating to women and children and submit reports to the concerned bodies.

33. Other Federal Government Executive Organs

1/Without prejudice to the amendments made under the provisions of the following sub-articles with regard to accountability, other federal government executive organs shall continue to function in accordance with the legislations establishing them.

2/The following executive organs shall be accountable to the Prime Minister:

a)the National Intelligence and Security Service;

b)the Ethiopian Broadcast Authority.

3/ The following executive organs shall be accountable to the Ministry of Federal Affairs:

a) the Ethiopian Mine Action Office;

b) the Charities and Societies Agency.

4/ The following executive organs shall be accountable to the Ministry of Finance and Economic Development:

a)the Central Statistics Agency;

b)the Ethiopian Mapping Agency;

c)the Board of Trustee for Public Enterprises.

5/ The following executive organs shall be accountable to the Ministry of Agriculture:

a)the Ethiopian Institute of Agricultural Research;

b)the Institute of Biodiversity Conservation;

c)the Ethiopian Meat and Dairy Technology Institute;

d)the Ethiopian Horticulture Development Agency;

e)the National Disaster Prevention and Preparedness Fund Office;

f) the Emergency Food Security Reserve Administration.

6/ The following executive organs shall be accountable to the Ministry of Industry:

a)the Ethiopian Investment Agency;

b)the Privatization and Public Enterprises Supervising Agency;

c) the Textile Industry Develop- ment Institute;

d)the Leather Industry Development Institute;

e)the Metals Industry Development Institute.

7/ The following executive organs shall be accountable to the Ministry of Trade:

a)the Ethiopian Commodity Exchange Authority;

b)the Ethiopia Commodity Exchange;

c) the Trade Practice and Consumer Protection Authority;

d) the Cooperatives Agency.

8/The following executive organs shall be accountable to the Ministry of Science and Technology:

a) the Ethiopian Radiation Protection Authority;

b) the Ethiopian Intellectual Property Office.

9/ The following executive organs shall be accountable to the Ministry of Transport:

a)the Transport Authority;

b)the Ethiopian Roads Authority;

c)the Ethiopian Civil Aviation Authority;

d)the Maritime Affairs Authority;

e)the Road Fund Office.

10/ The following executive organs shall be accountable to the Ministry of Urban Development and Construction:

a)the Agency for Government Houses;

b)the Federal Micro and Small Enterprises Development Agency.

11/The following executive organs shall be accountable to the Ministry of Water and Energy:

a)the Awash Basin Authority;

b)the Abay Basin Authority;

c)the National Meteorology Agency;

d) the Water Resources Development Fund Office

e) the Ethiopian Electricity Agency; f) the National Petroleum Reserve Depots Administration.

12/ The following executive organs shall be accountable to the Ministry of Culture and Tourism:

a) the Authority for Research and Conservation of Cultural Heritage;

b)the National Archives and Library Agency;

c)the National Theatre;

d)the Ethiopian Conference Center.

13/ The Justice and Legal System Research Institute shall be accountable to the Ministry of Justice

14/The Ethiopian Civil Service College shall be accountable to the Ministry of Civil Service.

15/The Ethiopian Geological Survey shall be accountable to the Ministry of Mines.

16/The HIV/AIDS Prevention and

Control Office shall be accountable to the Ministry of Health.

17/The Social Security Agency shall be accountable to the Ministry of Labour and Social Affairs.

18/The Women’s Development Fund

Office shall be accountable to the Ministry of Women, Children and Youth Affairs.

34. Re-organization of Federal Government Executive Organs

The Council of Ministers is hereby empowered, where it finds it necessary, to reorganize the federal government executive organs by issuing regulations for the closure, merger or division of an existing executive organ or for change of its accountability or mandates or for the establishment of a new one.

PART FOUR MISCELLANEOUS PROVISIONS

35. Repeal Laws

1/ The following legislations are hereby repealed:

a)the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 471/2005 (as amended);

b)the Federal Civil Service Commission Establishment Proclamation No. 8/1995 (as amended by Proclamation No. 471/2005);

c)the Ethiopian information Communication Development Agency Establishment Proclamation No. 360/2003 (as amended by Proclamation No. 471/2005);

d)from Article 3 to Article 9 of the Telecommunications Proclamation No. 49/1996;

e)the Ethiopian Rural Energy Development and Promotion Center Establishment Proclamation No. 269/2002.

2/No laws, regulations, directives or practices shall, in so far as they are inconsistent with this Proclamation, have force or effect with respect to matters provided for by this Proclamation.

36. Transfer of Rights and Obligations

1/The rights and obligations of the Ministry of Capacity Building and the Federal Civil Service Agency are hereby transferred to the Ministry of Civil Service.

2/The rights and obligations of the Ministry of Agriculture and Rural Development are hereby transferred to the Ministry of Agriculture.

3/The rights and obligations of the Ministry of Trade and Industry relating to the trade sector are hereby transferred to the Ministry of Trade.

4/The rights and obligations of the Ministry of Trade and Industry other than those relating to the trade sector are hereby transferred to the Ministry of Industry.

5/The rights and obligations of the Ministry of Transport and Communications relating to the communication sector as well as the rights and obligations of the Telecommunications Agency established under Proclamation No. 49/1996 and the Ethiopian Information Communication Development Agency established under Proclamation No. 360/2003 are hereby transferred to the Ministry of Communications and Information Technology.

6/The rights and obligations of the Ministry of Transport and Communications other than those relating to the communication sector are hereby transferred to the Ministry of Transport.

7/The rights and obligations of the Ministry of Works and Urban Development are hereby transferred to the Ministry of Urban Development and Construction.

8/The rights and obligations of the Ministry of Water Resources, the rights and obligations of the Ministry of Mines and Energy relating to the energy sector and the rights and obligations of the Ethiopian Rural Energy Development and Promotion Center established under Proclamation No. 269/2002 are hereby transferred to the Ministry of Water and Energy.

9/The rights and obligations of the Ministry of Mines and Energy relating to the mining sector are hereby transferred to the Ministry of Mines.

10/The rights and obligations of the Ministry of Women Affairs and the Ministry of Youth and Sports relating to youth affairs are hereby transferred to the Ministry of Women, Children and Youth Affairs.

37. Transitory Provision

Organs responsible for leading the implementation of ongoing capacity building programs shall be designated by the Council of Ministers.

38. Effective Date

This Proclamation shall come into force a year after its publication in the Federal Negarit Gazeta..

Done at Addis Ababa, this 27th day of October, 2010

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

Ethiopian Building Proclamation No. 624/2009

WHEREAS, it has been found necessary to determine the minimum national standard for the construction or modification of buildings or alteration of their use in order to ensure public health and safety;

WHEREAS, sub-article (3) of Article 51 of the Constitution of the Federal Democratic Republic of Ethiopia empowers the Federal Government to establish and implement national standards and basic policy criteria for public health, education, as well as science and technology;

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia it is hereby proclaimed as follows:

PART ONE

GENERAL

1. Short Title

This Proclamation may be cited as the “Ethiopian Building Proclamation No. 624/2009”.

2. Definitions

In this Proclamation, unless the context otherwise requires:

1/ “Ministry” means the Ministry of Works and Urban Development;

2/ “building” means a permanent or temporary construction used for the purpose of dwelling, office, factory or for any other purpose;

3/ “building officer” means a person appointed by an urban administration or designated organ to enforce this Proclamation;

4/ “a registered professional” means a person who is issued with a certificate as a design or construction professional or a juridical person which is issued with a certificate as a design or construction consultant by the relevant body;

5/ “a registered contractor” means a juridical person who is registered and issued with a work permit by the relevant authority as a contractor;

6/ “category ‘A’ building” means a one story building with a span of 7 meters or less between two reinforced concrete, steel or other structural frames or any dwelling house not exceeding two stories;

7/ “category ‘B’ building” means a building with a span of more than 7 meters between two reinforced concrete, steel or other structural frames or of two or more stories not covered in category ‘C’ or a real estate development of category ‘A’;

8/ “category ‘C’ building” means any public or institutional building, factory or workshop building or any building with a height of more than 12 meters;

9/ “construction” means the construction of a new building or the modification of an existing building or alteration of its use;

10/ “dangerous building” means a building that is structurally unsafe or constitutes a special fire hazard or health risk;

11/ “designated organ” means an organ appointed by the concerned Regional State to enforce this Proclamation in areas outside of urban centers to which this Proclamation is applicable;

12/ “document” means any plan, report, estimate or any other technical presentation required or prepared in connection with the design and construction of a building;

13/ “private dwelling building” means a house containing one or more habitable rooms with sanitary and cooking facilities for the use of a single family and may include any garage and other domestic outbuildings within its site;

14/ “person” means any natural or juridical person;

15/ “plan” means any drawing or model showing the extent, nature and size of a building and the materials and method of assembly to be used, and it may include architectural, structural, sanitary, electrical, mechanical, fire protection and other drawings;

16/ “Regional State” means any regional state established in accordance with Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations;

17/ “stop order” means any order given by a building officer or by a building inspector to discontinue activities on a building construction site;

18/ “story” means that part of a building which is situated between the top of any floor and the top of the floor next above it, or if there is no floor above it that portion between such floor and the ceiling;

19/ “urban administration” means an organ to which powers and duties of administering an urban center have been given by law or delegated by the concerned government body;

20/ “urban center” means any locality having a municipal administration or a population size of 2,000or more inhabitants, or which at least 50% of its labour force has, primarily, engaged in non –agricultural activities.

3. Scope of Application

1/ This Proclamation shall apply to:

a)urban centers that have 10,000 or more dwellers;

b)other urban centers that have less than 10,000 dwellers and to which this Proclamation shall be applicable in accordance with the decision made by the Regional State concerned;

c)public buildings, or buildings which could be used for industrial or commercial scale agricultural occupancy or real-estate out side of urban centers.

2/ This Proclamation may not apply to any building:

a)completed on or before the effective date of this Proclamation;

b)which is under construction with a building permit issued before the effective date of this Proclamation;

c)exempted by the decision of the Council of Ministers for reasons related with national security and other purposes.

3/ Notwithstanding the provisions of sub-article 2(b) of this Article, the urban administration or the designated organ may apply this Proclamation to:

a)a building under construction with a build ing permit issued before the effective date of the Proclamation if such construction is not completed within three years of the effective date of the Proclamation;

b)in order to ensure the compliance of a building for which alteration of service is required with the service such building is sought to render;

c) a building to which a renovation is required.

PART TWO ADMINISTRATION

4. Submission of Application and Plans

1/ Any person intending to carry out construction shall submit an application to the urban administration or designated organ.

2/ The application to carry out construction shall be made on an application form prepared by the urban administration or designated organ and shall consist of a design and report according to the category of building in question.

3/ The application shall be accompanied with a

reference to main roads and names of prominent places.

4/ The applicant shall submit proof of possession rights to the land or property on which the construction will take place.

5/ The documents to be submitted shall be sufficiently complete to determine compliance with this Proclamation and other laws.

5. Planning Consent

1/ Any person intending to carry out construction shall secure a planning consent prior to submitting application for construction permit.

2/ After having received an application for a planning consent a building officer shall grant a written declaration for compliance or noncompliance with the urban planning of the urban center.

6. Approval of Plans

1/ A building officer shall check submitted plan documents to ensure compliance with the provisions of this Proclamation and other laws. Approval of plans shall not be withheld on account of requirements not included in this Proclamation or other laws.

2/ A building officer may approve plans with comments provided that the comments refer to minor non-compliance and if the required rectification work can easily be carried out during construction.

3/ Approved plans shall be stamped “APPROVED” and shall bear a registration number and date of approval and shall be signed by a building officer.

4/ Application forms submitted with approved plans shall be stamped “APPROVED” in the appropriate space provided and shall bear a registration number and date of approval. Comments, if any, shall be entered on the form in the space provided and shall be signed by a building officer.

5/ Upon approval, one set of application form and accompanying plan, as stamped and signed in accordance with sub-article (3) of this Article, shall be returned to the applicant and the other set shall be retained by the urban administration or designated organ.

6/ A copy of the signed and sealed application form and approved plans shall be permanently displayed at the building site. All original approved application forms and plan shall be kept in good condition and presented at any time, before and during construction, upon the request of the urban administration or designated organ or the building officer or an authorized inspector.

7. Plan Review Period

A building officer shall review documents submitted and approve or reject within the time limit. The time limit shall be determined by Regulation to be issued for the implementation of this Proclamation.

8. Rejection of Plans

1/ Building plans that do not comply with the provisions of this Proclamation and other laws shall be rejected by a building officer.

2/ Upon rejection of submitted plans a building officer shall state in brief which provision of the law is not complied with, in the space provided on the application form. Further detailed explanations may be written if necessary on separate sheets and attached to the form.

3/ An application and plan rejected by a building officer shall be stamped “REJECTED” and shall bear the date and signature of the building officer.

4/ Upon rejection of submitted plans a building officer shall return one copy of the duly signed and sealed application form and the two copies of the duly signed and sealed plans to the applicant and the urban administration or designated organ shall retain one copy of the duly signed and sealed application form.

9. Construction Permit

A plan which has been approved in accordance with Article 6 of this Proclamation shall constitute a construction permit.

10. Validity Period of Plans

1/ The validity of approved plans shall expire after six months from the date of issuance where construction work has not been started.

2/ The validity of approved plans with which construction work has been started within six months from the date of issuance shall expire after five years from the date of issuance, if the construction work has not been completed.

3/ Upon expiry of the validity period as set out in sub-articles (1) or (2) of this Article an application for extension of the validity period of approved plans shall be submitted for re-approval of plans in accordance with this Proclamation.

11. Building Officers

1/ Every urban administration or designated organ shall appoint a building officer, with the required educational and professional qualifications to enforce, on its behalf, the provisions of this Proclamation and other laws.

2/ A building officer shall receive all applications for approval of plans and issue approved plans after ascertaining full compliance with this Proclamation and other laws.

3/ A building officer shall inspect all buildings under the territorial jurisdiction of the urban administration or designated organ to ascertain conformity with this Proclamation and other laws.

4/ A building officer may be assisted by staff of the urban administration or designated organ in the discharge of his duties; provided, however, that he shall be responsible for the ruling on applications for approval of plans and inspection reports.

5/ A building officer is empowered to order inspection of exempted buildings erected before the effective date of this Proclamation and to order the demolition or rectification of such buildings if public safety is at risk.

6/ A building officer is empowered to order rectification work if plans are approved by error; provided, however, that he must have adequate justification for ordering such rectification work.

7/ Without prejudice to his criminal liability, the building officer shall bear civil liability for any damage he causes to third parties in the course of implementing this Proclamation and the regulation and directives issued there under as a result of his own fault.

8/ Without prejudice to the provision of sub article

(1), the city administration or the designated body shall make good the damage incurred by third parties where such act of the building officer is regarded as a professional fault. In such cases, the city administration or the designated body shall have the right to reimburse from the building officer to the extent it has paid to third parties.

12. Delegation

1/ A building officer may delegate another body or an approved person to carry out duties in connection with review of plans for which he is incapable of undertaking fully or partially.

2/ A building officer shall make written recommendations to the urban administration or designated organ on application referred to him and shall sign all attached documents and stamp the same where appropriate.

3/ The urban administration or the designated organ shall issue the approved or rejected documents under the name of its building officer.

4/ The delegation for review of plans may be extended to cover inspection duties.

13. Appeals

1/ Each urban administration or designated organ shall establish a board of appeal which shall have members with the relevant qualification to enable them to decide cases in accordance with this Proclamation.

2/ The board of appeal shall have the power to hear, and decide on, decisions taken by building officers regarding construction. The decision of the board on technical matters shall be final.

14. Non-compliance

1/ A Building officer may order a building constructed without approved plans to be demolished, if the plans utilized to construct such building does not comply with the provisions of this Proclamation or other laws.

2/ In the event that the owner of a building who has been ordered by a building officer to demolish or remove his building fails to comply with the order, the urban administration or designated organ may demolish or remove the building and claim the incurred expenses from the owner.

3/ A building officer may order any work or parts thereof to be opened for inspection, removed or, without causing damage to building, demolished if such work has been carried out without the required notice being given.

4/ A building officer may order rectification works on parts of a building executed without approved plans, and may suspend all works on such building until the owner complies with the order.

15. Notice

1/ A person who has an approved plan for construction of a building falling under category “B” or “C” shall give notice to the concerned building officer indicating the time within which the construction is to be carried out.

2/ The time within which a building officer may decide on the notice given in accordance with sub-article(1) of this Article shall be determined by Regulation to be issued for the implementation of this Proclamation.

3/ A building officer may require additional notices to be given according to the type and complexity of the building. In such instances, the time required for prior notice and the stages of work shall be clearly indicated and shall be issued in writing to the applicant together with the approved plans.

4/ A person who has received an order from a building officer to rectify certain works carried out in contravention of approved plans shall give notice to the building officer in writing on completion of such rectification work.

16. Inspection

1/ An urban administration or a designated organ shall issue special identification badges to building officers and inspection staff working under their supervision.

2/ Inspectors carrying an urban administration’s or a designated organ’s badge identifying them shall be permitted access to any building completed or under construction at any working hours.

3/ Inspectors may issue stop orders, with regard to construction not conforming to this Proclamation or other laws. Stop orders shall be made on inspection report form.

4/ A building officer shall specify the period within which rectification, removal or demolition of works not conforming to this Proclamation or other laws are to be carried out and communicate the order in writing to the owner of the building. The period to be specified shall take into account the critical nature of the order to the progress of construction and the sequence of works.

5/ Where the owner of a building fails to execute an order issued to him in accordance with sub-article (4) of this Article, the urban administration or the designated organ may cause the work to be rectified, removed or demolished at the expense of the owner.

17. Materials

1/ A building officer may order defective materials intended for use and stored on site or incorporated in the works, to be removed from the sits or the works.

2/ Use of improper materials or exceptional cases of poor workmanship may be considered as grounds for rejection of certain items or work.

3/ A building officer may require test certificates for materials which have been incorporated or are intended to be incorporated in building works.

18. Occupancy Permit

1/ A newly constructed category “C” building shall not be put to use before it has been inspected for compliance with this Proclamation and a certificate of occupancy has been issued.

2/ A building officer may provide occupancy permit for partially completed building provided safety is ensured.

3/ Without prejudice to the requirements provided for in this Proclamation the time limit within which an occupancy permit may be issued shall be determined by Regulation to be issued for the implementation of this Proclamation.

4/ A building officer may take legal measures on any person occupying a category “C” building without a valid occupancy certificate.

19. Plan Review Fees

1/ When plans or other documents are required to be submitted for review, a plan review fee shall be paid. Such fee shall be determined by Regulation to be issued for the implementation of this Proclamation.

2/ Plan review fees shall be charged on the basis of total gross floor area of one unit of each type in case of repetitive units.

3/ A plan review fee shall be paid at the time of submitting an application for approval of plans.

4/ When rejected plans are re-submitted for approval, additional plan review fee shall be charged, The rate of such fee shall be determined by Regulation to be issued for the implementation of this Proclamation.

20. Plan Approval Fees

1/ A building officer shall charge fees for the approval of plans relating to the erection, extensions or alteration of buildings. The fees shall be determined by Regulation to be issued for the implementation of this Proclamation.

2/ Plan approval fees shall be charged on the basis of cumulative gross floor area in case of repetitive floors of units.

21. Inspection Fees

1/ For inspection visits a fee per visit shall be paid in accordance with the category of buildings. The fees shall be determined by Regulation to be issued for the implementation of this Proclamation.

2/ The rates set for category “B” and “C” building in accordance with sub-article (1) of this Article, shall not be more than five and ten times respectively compared to the rates for category “A”.

22. Refund of Fees

1/ A building officer may, upon a request in writing by the applicant, authorize the refund of fees where services applied for are not rendered.

2/ A request for refund under sub-article (1) of this Article shall be bared unless submitted within six months from the date of payment.

23. Fines

1/ An urban administration or a designated organ may impose administrative fines on persons who violate the provisions of this Proclamation. The fine shall be determined by Regulation to be issued for the implementation of this Proclamation.

2/ The payment of fines may not relief the offender from complying with the requirements of this Proclamation and of additional legal measures to be taken by the urban administration or the designated organ.

24. Temporary Constructions

Where an application is made to erect a building which the applicant has declared to be a temporary building, the urban administration or the designated organ may grant provisional authorization to the applicant to proceed with the erection of such building in accordance with this Proclamation and other laws.

25. Alteration of Service, Extension, Repair or Demolition

1/ A building officer shall grant permission to proceed with alteration of service, extension, repair or demolition of a building provided that it complies with the provisions of this Proclamation.

2/ In the case of major alteration, extension, repair or demolition works, a building officer may require plans, and any other analyses or evidences necessary to verify compliance with this Proclamation.

3/ All precautionary measures which should be taken for a new building shall also be taken during any alteration, repair, extension or demolition work carried on an old building.

4/ A building officer shall grant permission to demolish dangerous buildings.

5/ No person shall, at any time, during the course of or after demolition of a building leave it in a condition dangerous to the public or any adjoining property.

6/ Notwithstanding the provisions of sub-article

(1) of this Article, prior written consent from the appropriate government organ shall be required before repairing or extending buildings of historical value.

26. Employment of Registered Professionals

1/ A person intending to erect a building shall employ a qualified registered professional for each type of design required for the category of the building and retain their services for the purpose of supervising the erection thereof. The details shall be determined by Regulation to be issued for the implementation of this Proclamation. The technical work of the building design shall be coordinated by the architect.

2/ Upon completion of building works, a certificate of completion signed by the registered professionals referred to under sub-article (1) of this Article, shall be submitted to a building officer.

3/ Any registered professional who has contracted to carry out the design work of category “A” and “B” buildings shall produce guarantee for any damage resulting from any defective work due to the design The form and the amount of the guarantee to be produced for each category of building shall be determined by Regulation to be issued for the implementation of this Proclamation.

27. Employment of Registered Contractors

1/ A person intending to erect a building shall employ a registered contractor with the necessary qualification for the category of building in question. The details shall be determined by Regulation to be issued for the implementation of this Proclamation.

2/ Any contractor who has contracted to carry out category “A” and “B” buildings shall produce a guarantee for any damage resulting from any defective work due or negligence. The form and the amount of the guarantee to be produced for each category of building shall be determined by Regulation to be issued for the implementation of this Proclamation.

28. Responsibility of Contractors and Registered Professionals

1/ Without prejudice to his criminal liability, any registered professional, contractor or sub contractor shall be liable for any damage he causes to his employer in accordance with the provisions of the Civil Code due to his defective design or construction work.

2/ Without prejudice to the generality of sub-article ((1) of this Article, a contractor shall be responsible for the workmanship of the construction of a building or an element of a building.

PART THREE

LAND USE, RELATED STUDIES AND DESIGNS

29. Land Use and Related Studies

A national, regional or an urban plan approved by federal, regional or urban administration shall have precedence on aspects of land use and related studies stipulated in this Proclamation.

30. Designs

1/ Any building shall have designs required for the category it belongs.

2/ Any building or components thereof shall be designed according to acceptable building design codes to ensure safety, comfort and unconstrained services.

3/ Any building shall be designed and constructed in such a way that it ensures safety for people, other constructions and properties.

31. Precautionary Measures During Construction

Without prejudice to the provisions of Article 30 of this Proclamation:

1/ any building shall be designed and constructed in such a way that it shall not impair the safety of people moving around, other constructions and properties;

2/ where any excavation related to a building is likely to impair the safety or stability of any property or service, the owner of the site shall take adequate precautionary measures to ensure that the safety and stability of such property or service is maintained;

3/ while any excavation remains open or during the placing of any foundation within it, such excavation shall be maintained in a safe condition by the owner or person carrying the excavation;

4/ where the safety or stability of any property or service is likely to be impaired by an excavation, the owner of the site shall obtain the prior written authorization of the urban administration or designated organ upon submission of preventive methods and precautionary measures;

5/the load from any newly constructed foundation shall not affect existing foundations, utility lines or any other structure.

32. Site Operations

1/ In cases where danger or serious inconvenience to the public may ensue from the erection or demolition of a building on any site, the urban administration or designated organ may require that the owner of the site, before such work is commenced, shall do all the necessary preventive works.

2/ Where any work connected with the erection or demolition of any building may, in the opinion of the urban administration or designated organ, have any detrimental effect on the strength, standard, safety, quality or position of its property or any property falling under its authority, it may require the owner of such building to make such deposit or give such security, as it may require to cover the costs of the repair of any damage which may be caused by such work.

3/ Where construction materials or residues thereof are accumulated around a construction site, the urban administration or designated organ may by written notice, order the owner of the site to have the materials removed within the period specified in the notice.

4/ Any owner or persons carrying out work in connection with the erection or demolition of any building, may erect, at the site of such work, temporary sheds as may be necessary.

5/ No owner or person shall commence or continue the erection or demolition of any building unless approved sanitary facilities are availed for all personnel employed for or in connection with such work, at the site or, with the permission of the urban administration or designated organ, at some other place. The construction activity shall be interrupted till such facilities are provided.

6/ The urban administration or designated organ may device mechanisms to administer the safety requirement during construction.

33. Architecture

1/ Any room or space shall have dimensions that shall ensure that such room or space is fit for the purpose for which it is intended.

2/ The floor area of any dwelling unit may not be less than that necessary to provide one habitable room and a separate room containing toilet facilities.

3/ Any habitable room in any dwelling building or dwelling unit, or any bedroom in any building used for residential or institutional occupancy shall, in addition to the provision of artificial lighting, be provided with at least one opening for natural light.

4/ Any building, which is more than 20 meters above the ground floor, shall be provided with a lift or other similar service.

5/ Lifts shall be made to provide service without interruption.

34. Structure

1/ Any building and any structural element or component thereof shall be designed to provide strength, stability, serviceability and durability in accordance with accepted principles of structural design. Such buildings may not exhibit signs of structural failure during their life span under normal loading.

2/ Any building shall be designed and constructed in such a way that it shall not impair the integrity of any other building or property.

35. Electrical installation

Electrical installation to buildings and materials used thereof shall comply with the requirements of safety standards so that no danger associated with the electrical installations exists.

PART FOUR

WATER SUPPLY AND SANITATION

36. Facilities for Physically Impaired Persons

1/ Any public building shall have a means of access suitable for use by physically impaired persons, including those who are obliged to use wheelchairs and those who are able to walk but unable to negotiate steps.

2/ Where toilet facilities are required in any building, as adequate number of such facilities shall be made suitable for use by physically impaired persons and shall be assessable to them.

37. Water Supply

1/ Any building intended for occupancy by people shall be provided with adequate water supply. Such water supply shall have adequate distribution and storage system.

2/ Water supply systems to any building shall comply with health standards.

3/ Water supply systems to any building shall be accessible for inspection and testing.

38. Sewerage

1/ Where in respect of any building a suitable means of sewage disposal is available, the owner of such building shall provide a sewerage installation.

2/ Where any person has not any suitable sewage disposal in his vicinity he shall use any other acceptable means to discharge his waste water.

39. Control of Objectionable Discharge

1/ No person may cause or permit sewage discharged from any sanitary fixture to enter any water drain or constructed watercourse, river, stream, street or any other site.

2/ No person may cause or permit any drainage water to enter a sewerage installation.

40. Industrial Effluent

Where a person has obtained approval to discharge into any drain any liquid or solid matter, other than soil water or waste water, and where any additional drainage and other installations including storage, pre-treatment and metering installations are required by the urban administration or designated organ as a condition of such approval, such person shall submit any plans and other details of such installations required by the urban administration or designated organ.

41. Non-Water Borne Means of Sanitary Disposal

Where water-bone sewage disposal is not available, other means of sewage disposal shall be permitted by the urban administration or designated organ; provided however, that in the case of chemical or pail closets an acceptable means shall be available for the removal and disposal of sewage from such closets.

42. Storm Water Disposal

1/ The owner of any site shall provide acceptable means for the control and disposal of accumulated storm water that may run off from any earth works, building or pavement.

2/ The owner of any site shall provide suitable means to absorb part of the run off water within the site.

43. Refuse Disposal

Any building, excluding dwelling house, in which refuse is generated, shall be provided with an adequate storage area for refuse containers.

PART FOUR

WATER SUPPLY AND SANITATION

36. Facilities for Physically Impaired Persons

1/ Any public building shall have a means of access suitable for use by physically impaired persons, including those who are obliged to use wheelchairs and those who are able to walk but unable to negotiate steps.

2/ Where toilet facilities are required in any building, as adequate number of such facilities shall be made suitable for use by physically impaired persons and shall be assessable to them.

37. Water Supply

1/ Any building intended for occupancy by people shall be provided with adequate water supply. Such water supply shall have adequate distribution and storage system.

2/ Water supply systems to any building shall comply with health standards.

3/ Water supply systems to any building shall be accessible for inspection and testing.

38. Sewerage

1/ Where in respect of any building a suitable means of sewage disposal is available, the owner of such building shall provide a sewerage installation.

2/ Where any person has not any suitable sewage disposal in his vicinity he shall use any other acceptable means to discharge his waste water.

39. Control of Objectionable Discharge

1/ No person may cause or permit sewage discharged from any sanitary fixture to enter any water drain or constructed watercourse, river, stream, street or any other site.

2/ No person may cause or permit any drainage water to enter a sewerage installation.

40. Industrial Effluent

Where a person has obtained approval to discharge into any drain any liquid or solid matter, other than soil water or waste water, and where any additional drainage and other installations including storage, pre-treatment and metering installations are required by the urban administration or designated organ as a condition of such approval, such person shall submit any plans and other details of such installations required by the urban administration or designated organ.

41. Non-Water Borne Means of Sanitary Disposal

Where water-bone sewage disposal is not available, other means of sewage disposal shall be permitted by the urban administration or designated organ; provided however, that in the case of chemical or pail closets an acceptable means shall be available for the removal and disposal of sewage from such closets.

42. Storm Water Disposal

1/ The owner of any site shall provide acceptable means for the control and disposal of accumulated storm water that may run off from any earth works, building or pavement.

2/ The owner of any site shall provide suitable means to absorb part of the run off water within the site.

43. Refuse Disposal

Any building, excluding dwelling house, in which refuse is generated, shall be provided with an adequate storage area for refuse containers.

PART FIVE

FIRE PROTECTION AND FIRE FIGHTING INSTALLATION

44. General Requirement

Any public building shall be designed and constructed in accordance with acceptable fire protection design standards so that it becomes fire resistant and, if fire occurs, it minimizes accident to its users and its surroundings.

45. Fire Fighting Installation

Any approved fire fighting installation may be connected to the water supply system of the urban administration or designated organ; provided, however, that the urban administration or designated organ may, subject to any conditions it may consider necessary, allow such fire fighting installation to be connected to:

1/ any approved alternative source of supply; or

2/ any source of non potable water, where such water is not to be used for domestic or any other purpose which, in the opinion of the urban administration or designated organ might give rise to health hazard.

46. Supply of Water for Fire Protection

Water may not be taken from a supply system for use by any fire fighting installation, unless:

1/ the use of such fire protection installation and water complies with any conditions prescribed by the urban administration or designated organ.

2/ the permission of the urban administration or designated organ has been obtained upon submitting an application for the supply of such water and

PART SIX

CULPABLE INFRINGEMENTS OF BUILDING RULES

47. Application of the Criminal Code

1/ Offences committed by government officials and other civil servants who are entrusted with the power of issuing construction work permits for construction works, or offences committed by registered professionals, contractors or by building owners in contravention of the provisions of this Proclamation shall be punishable in accordance with the provisions stipulated under this part.

2/ Notwithstanding the provisions of sub article

(1) of this Article, the provisions of the General Part of the Criminal Code relating to the commission of a crime and the sentencing thereof shall be applicable for crimes specified herein.

48. Improper Granting of Work Permit

1/ A building officer, or any other person who is vested with the power of granting permit for construction works intentionally :

a)grants construction work permit to a person who has no legal possession on the land on which the building is to be constructed; or

b)grants construction work permit to a person whose documents supporting the application are illegal or falsified; or

c)grants an occupancy permit to a person whose building design or the construction thereof is not in compliance with the relevant plan of the urban center in which such a building is to be constructed;

is punishable with rigorous imprisonment from five years to ten years and a fine not less than birr ten thousand and not exceeding fifty thousand birr.

2/ Where the crime specified in sub article (1) of this Article is committed negligently the penalty shall be imprisonment from one year to five years and a fine not less than one thousand birr and not exceeding birr five thousand.

49. Breach of Duty to Supervise

1/ Any building officer or other public servant or any other person under contractual agreement, who is entrusted with supervising a building under construction in accordance with this Proclamation, intentionally refrains from stopping or causing the stoppage of the construction of a building the illegality of which he knows or should have known shall be punishable with rigorous imprisonment from five years up to ten years and with a fine not less than birr ten thousand and not exceeding fifty thousand birr.

2/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine not less than one thousand birr and not exceeding birr five thousand.

50. Undue delay of Matters

A building officer or any other public servant vested with the power of the building officer, or who is in charge, at any level, of issuing any document under his authority, with intent to obtain an advantage, directly or indirectly, from any person interested in a matter brought to his attention by reason of his responsibility, or to benefit or injure any other party interested in such matter, fails, without good cause to decide on matters related to any construction work to which specific period is set by Regulation to be issued for the implementation of this Proclamation, or abuses the interested party contrary to law, or accepted office practices, is punishable with simple imprisonment extending from six months to three years and a fine from birr five hundred up to three thousand birr

51. Concealment of Facts and Making False Statements

1/ Any public servant who is entrusted with the filing, keeping, or verifying or delivering of documents related to the possession and use of land, as well as documents related to the construction of buildings thereon, with intent to injure the rights or interests of an other, or to procure for himself or to another undue advantage:

a)procures a false statement which is not certified in a document, or contrary to the fact which is evidenced by such document; or

b)omits to declare or refrains from procuring a substantial fact contained in a document which is capable of altering the decision to be rendered;

is punishable from five years to ten years and with a fine from birr ten thousand to twenty thousand.

2/ Where such declaration or omission is committed by a public servant whose professional knowledge or his responsibility permits him to understand the consequences of the same, the penalty shall be from five years to fifteen years imprisonment and a fine from ten thousand to fifty thousand birr.

3/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine from birr one thousand up to birr five thousand.

52. Unauthorized Practice

Any registered contractor or sub contractor who is found to have built a building the type of which should not have been performed by the qualified level issued to him by the relevant body or a person, without having any qualified license, is found to engage in construction the kind of which should have be performed by qualification, is punishable with rigorous imprisonment from five years up to ten years and with a fine from five thousand to ten thousand birr.

53. Use of Improper Materials or Defective Workmanship

1/ Any registered contractor or sub contractor who is issued with a work permit by the

relevant authority

a)performs a construction work with a low quality or below standard material in contravention of the standard set or the accepted practice for such type of construction; or

b)performs a construction work which causes damage as a result of his failure to rectify the errors on the design or other contract documents which were easily detectable by a professional of his kind;

is punishable with rigorous imprisonment from five years up to ten years and a fine from fifty thousand to hundred thousand birr.

2/ Any owner of a building who

a)causes the drawing up of the design or the construction work of such construction by a person who is neither qualified nor authorized to perform such works; or.

b)makes use of low quality materials which are not acceptable for the type of construction in question; or.

c)puts his building into a service to which an occupancy permit is not obtained or to a service other than to which a permit is obtained from the relevant body, or

d)constructs or causes the construction of his building in any other manner which endangers public safety;

is punishable with imprisonment from five years to ten years and a fine from birr twenty thousand to fifty thousand.

3/ Where the crimes specified in sub article (1) and (2) of this Article are committed negligently, the penalties shall be imprisonment from one year to five years and a fine from birr one thousand up to birr five thousand.

54. Breach the Duty of Proper Consultancy

1/ Any registered professional who is involved in a construction work as a design or construction consultant:

a)prepares the design or other relevant documents of a construction without having due regard to the general safety regulations set forth for such specific work; or

b)advises or permits a contractor or a supplier to procure or use a cheaper or, unwarranted quality or different material which is not acceptable by normal standards for the specific work, or relieves him of using a specific material essential thereto; or

c)approves a construction work capable of

endangering public safely or the life,

health or person of others or the safety of

the property of another;

is punishable with rigorous imprisonment

from five to fifteen years or a fine from birr

thirty thousand up to fifty thousand.

2/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine from birr one thousand up to five thousand.

55. Forgery of Government or Public Documents

1/ Any public servant with intent to obtain for himself or to procure to other undue advantage or with intent to cause damage in any manner destroys, endangers falsifies, deletes, or falsifies by modifying, deleting, or altering in whole or in part the terms or figures of government documents, instruments related to public interest or similar instruments or documents under his possession while he is carrying out his official responsibilities, is punishable with rigorous imprisonment from five years to ten years and a fine from birr twenty thousand to fifty thousand.

2/ Where the crime is committed by a public servant officially entrusted with filing, keeping documents specified in sub article

(1) of this Article, or controlling the same, the punishment shall be rigorous imprisonment from five years to twenty five years and a fine from birr twenty thousand up to birr fifty thousand.

3/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine from birr one thousand up to birr five thousand.

56. Suspension of Professional Certificates or Work Permits

The certificate or the work permit of a registered professional or contractor who is found guilty under this part of the law shall be suspended for a period from five years up to the maximum period stipulated under the contravened provision..

PART SEVEN MISCELLANEOUS PROVISIONS

57. Powers and Duties of the Ministry

With respect to the implantation of this Proclamation the Ministry shall have the following powers and duties to:

1/ prepare codes applicable at national level;

2/ prepare model design and construction method rules for Regional States for each category of building;

3/ supervise compliance with the implementation of this Proclamation by Regional States and urban centers .

4/ provide, in coordination with other relevant organs of the Federal Government, capacity building and technical support to Regional States and urban centers so that they will be able to implement this Proclamation.

58. Powers and Duties of Regional States

With respect to the implementation of this Proclamation Regional States shall have the following powers and duties to:

1/ without prejudice that the rules could be rebutted on grounds of professional or scientific justifications, issue design and construction rules and standards applicable in their own urban centers based on local circumstances and without contradicting the provisions of this Proclamation;

2/ designate organs to enforce this Proclamation in areas outside urban centers where it is applicable;

3/ determine that a building officer of another urban center be delegated to enforce this Proclamation in urban centers which cannot appoint their own building officers due to lack of capacity;

4/ provide capacity building and technical support to their respective urban centers so that they will be able to implement this Proclamation.

59. Repealed and Inapplicable Laws

1/ Articles 8 to 14 of the Urban Zoning and

Building Permit Proclamation No. 316/1987 are hereby repealed.

2/ No law shall, in so far as it is inconsistent with this Proclamation, be applicable to matters covered by this Proclamation

60. Effective Date

This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 6th day of May, 2009

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

Corrigendum No. 4/2009

“In this Proclamation the statement under Article 60 stated as “ This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta” shall be read as “This Proclamation shall come into force after one year from the date of its publication in the Federal Negrit Gazeta.”