higher education – Ethiopian Legal Brief

PROCLAMATION TO PROVIDE FOR THE ORGANIZATION OF A TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING SYSTEM PROCLAMATION NO. 391/2004

PROCLAMATION NO. 391/2004

PROCLAMATION TO PROVIDE FOR THE ORGANIZATION OF A TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING SYSTEM

WHEREAS, it is deemed necessary to enable the country’s production, trade and service rendering establishments have a competitive and enduring organizational set up through the employment of trained manpower;

WHEREAS, it is found necessary to organize a technical and vocational education and training system that would assist the younger generation to be prepared psychologically, have discipline and the potential to work competent employee and creator of work ;

WHEREAS, to ensure that a technical and vocational education and training program produces capable manpower, it is deemed necessary to establish a system under which trainees undergo apprenticeship training in the productive and service rendering enterprise;

WHEREAS, it is found necessary to establish a uniform system for the determination of levels of competence and accreditation of training institutions and for the certification of trainees;

WHEREAS, to ensure the success of technical and vocational education and training, it has been found necessary to establish a mechanism providing for the participation of governmental and non-governmental organizations in the preparation of training programs and curricula as well as in their evaluation and management;

NOW, THEREFORE, in accordance with Articles 51 Sub Article (3) and Articles 55 Sub Article(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows: Continue reading PROCLAMATION TO PROVIDE FOR THE ORGANIZATION OF A TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING SYSTEM PROCLAMATION NO. 391/2004

HIGHER EDUCATION COST-SHARING COUNCIL OF MINISTERS REGULATION Number 91 of 2003

Brief note

Starting from 2003/04 academic year students enrolled in public universities were required to cover their costs of education. Such cost includes full costs related with boarding and lodging and minimum 15% of tuition related costs. This cost sharing regulation imposes a pre-condition on every student to enter a written contract agreement with the respective institution before he is allowed to pursue his education.

Even though, Article 4 of the regulation, states that the amount to be share shall be shall be revealed to the student, this amount is likely to increase at the time of graduation. According to sub article 4 of article 4 the cost of education and training shall be revised at least every three years. Almost all the disciplines in the public universities require four years of study for graduation. A possibility of revision every three years is in effect giving a power to unilateral modify the contract as the regards the total costs require from the student.

The students once gradated will start making payment within six months after graduation if earning income or within a maximum of one year after graduation, in the form of graduate tax of at least 10% of the monthly income. He is expected to pay all of his costs within a maximum of 15 years.

According to article 6 ( 7) a beneficiary [ Article 2 (5) defines beneficiary as a student at a public higher education institution pursuing higher education or training and who has entered into an obligation with the concerned institution for the future payment of the cost of his/her education or training and other services] who decides to go abroad for more than six months before completing the payment of the cost required of him, shall be made to produce a guarantee for the payment of the outstanding amount. However, contrary to this explicit provision most universities refuse to give Degree and Transcript of the student and in some cases other relevant evidences (like proof of language of instruction) until final settlement of debt. However, this is not only contrary to the regulation, but also a manifest violation of the right to education enshrined in F.D.R.E. Constitution.

COUNCIL OF MINISTERS REGULATION NO. 91/2003

HIGHER EDUCATION COST-SHARING COUNCIL OF MINISTERS REGULATION

This regulation is issued by the Council of Ministers pursuant to Article 5 of the Definitions of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995 and the Higher Education Proclamation No. 351/2003.

1. Short Title

This Regulation may be cited as the “Higher Education Cost-Sharing Council of Ministers Regulation No. 91/2003”

2. Definitions
For the purposes of this Regulation:

1) “Ministry” and “Minister” means Ministry of Education and the Minister of Education, respectively.

2) “Institution” means a public higher learning institution in any region, in Addis Ababa or Dire Dawa offering a post-secondary education with a budget allocated from the Federal Government.

3) “Employer” means any government, private or non-governmental institution or international or regional organization or person employing graduates of higher education institutions including self-employed graduate of the same,

4) “Person” means a physical person or any other legal person,

5) “Beneficiary” means a student at a public higher education institution pursuing higher education or training and who has entered into an obligation with the concerned institution for the future payment of the cost of his/her education or training and other services.’

6) “Cost-Sharing” means a scheme by which all beneficiaries of public higher education institutions and the government share the cost incurred for the purposes of education and other services.

7) “Graduate Tax” means a scheme by which an amount is deducted from income in the form of a tax to be paid by a beneficiary who has been obliged to share the costs of his higher education. Continue reading HIGHER EDUCATION COST-SHARING COUNCIL OF MINISTERS REGULATION Number 91 of 2003

HIGHER EDUCATION PROCLAMATION NO. 650/2009

WHEREAS, it has become necessary to lay down a legal system to enable institutions to effect institutional transformation, and thus be able to serve as dynamic centers of capacity building consistent with the aspirations of the peoples of Ethiopia in the context of globalization;

WHEREAS, it has become necessary to create an appropriate legal framework to guide institutions focus on critical issues of relevance and quality of education and research to contribute with efficacy to the Ethiopian peoples’ aspirations of peace, democracy and development;

WHEREAS, to ensure good governance in the context of an expanding higher education system, it is imperative to provide by law for an appropriate balance of an institution’s autonomy and its accountability to Government and to public interests generally;

WHEREAS, it is necessary to provide by law that the system of governance of institutions shall promote, consistent with the Constitution, a life of a learning academic community governed by the principle of freedom of expression based on reason and rational discourse;

WHEREAS, the stage of development of the country’s higher education in general requires legal direction and guidance to enable it become efficacious, it has also become particularly necessary to guide properly by law higher education in private institutions in order to ensure and promote its positive contributions through relevant and quality education;

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