A PROCLAMATION TO
PROVIDE FOR THE RE-ESTABLISH THE ETHIOPAN GEOSPATIAL INFORMATION AGENCY
WHERE AS, geospatial information is a critical input required to ensure the continuance of the fast and sustainable development of Ethiopia;
WHERE AS, it is found necessary to supervise the methodology and regulate the standard and quality of collecting geospatial information using aerial photographing, surveying, mapping and remote sensing, and disseminating such information to the users economically;
WHERE AS, a central archive of aerial photograph, survey data, maps, remote sensing data and related geospatial information, and results of such activities has paramount importance to use the data nationally in a coordinated and integrated manner;
WHERE AS, to implement these objectives it is found necessary to establish a Federal executing organ vested with the necessary powers and responsibilities;
NOW THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows.
1. Short Title
This Proclamation may be cited as the “Ethiopian Geospatial Information Agency Re-establish the Proclamation No.1079/2018”.
In this Proclamation, unless the context requires otherwise:
1/ “aerial photograph” means any positive, negative or digital record of the earth’s surface from hovering or flying platform intended for surveying, mapping or resource inventory;
2/ “Commission” or “Commissioner” means the National Planning Commission or the Commissioner of National Planning Commission respectively;
3/ “general purpose map” means a base map that is prepared for multi-purpose applications;
4/ “Geographic Information System”or “GIS” means a computer data system capable of gathering, storing, analyzing, and displaying geographically referenced information;
5/ “geospatial information” means timely data referenced to a location with a set of geographic coordinates which can be gathered, stored, organized, processed, and displayed using the techniques of aerial photography, surveying, mapping, remote sensing and GIS;
6/ “map” means a scaled graphic presentation of the real world depicting natural and man-made features;
7/ “mapping” means the carrying out of surveying aerial photographing, photogrammetric, remote sensing, cartography or related activities intended for the scaled presentation of the real world depicting natural and man-made features;
8/ “map revision” means the updating of an old map by including the newly changed natural and man-made features, so as to make the map depict the current features;
9/ “national geodetic control points” means points established by geodetic surveying method to control the horizontal and/or vertical positions of places;
10/ “person” means any natural or juridical body;
11/ “remote sensing” means the art, science and technology of acquiring information about an object or phenomenon by a sensor which is not in contact with the object or phenomenon under investigation;
12/ “satellite imagery” means a digital data acquired by satellite sensors within the visible, infrared and radio wave lengths of the electromagnetic spectrum;
13/ “scale” means a relative distance between two similar points on a map and on the ground, attained by mathematical calculation;
14/ “special purpose map” means a map that is prepared for a specific purpose based on a general purpose map;
15/ “surveying” means the act of determining and presenting the size and shape of man-made and natural features on a portion of the earth’s surface by measuring the relative direction, distance and height;
16/ “Atlas” means a book of map supplemented by charts and descriptions.
17/ any expression in the masculine gender shall include the feminine.
3. Scope of Application
This proclamation shall be applicable to all Geospatial information, except Geospatial information related to military and National security.
ESTABLISHMENT, OBJECTIVES, POWERS AND DUTIES
1/ It is here by established the Ethiopian Geospatial Information Agency (hereinafter referred to as the “Agency”) as an autonomous Federal Government Office having its own legal personality.
2/ The Agency shall be accountable to the National planning Commission.
5. Head Office
The Agency shall have its head office in Addis Abeba and may have branch offices in the Regions as may deemed necessary.
The Agency shall have the following objectives:
1/ plan and carry out aerial photographing, surveying, mapping, remote sensing and related geospatial information activities, and record the results of such activities and disseminate the information to users;
2/ collect and centrally organize geospatial information produced by the Agency in a manner that facilitates efficient access to information so as to avoid duplication of effort by others to minimize wastage of resources;
3/ coordinate and control the quality and standard of aerial photographing, surveying, mapping, remote sensing and related geospatial information activities in the country, and establish professional standards and provide certificate of competence for professionals engaged in surveying, mapping, remote sensing;
4/ undertake research and training activities that enable to enhance the production and utilization of geospatial information in the country and carryout other activities related to collecting, organizing and controlling geospatial information.
7. Powers and Duties
The Agency being the country’s geospatial information center shall have the following powers and duties:
1/ collect, produce, store, organize, administer and distribute geospatial information;
2/ establish, preserve and cause the preservation of geodetic ground control points that enable to determine direction, distance and height in the country;
3/ undertake surveying activities and collect, document, analyze and disseminate the result;
4/ prepare, produce, and disseminate general purpose map;
5/ prepare, produce, and disseminate special map;
6/ undertake revision and updating of general purpose and special purpose maps so that they depict the current situation;
7/ prepare, publish and distribute national and regional atlases; and atlases prepared on various thematic areas;
8/ co-ordinate and control geospatial information produced by others bodies;
9/ provide competency certificates for professionals and organizations engaged in geospatial information activities at the Federal level;
10/ undertake presentation of international and regional boundaries on map following the approval by pertinent government body and render technical assistance to the responsible bodies to delineate, demarcate and administer the boundaries;
11/ plan and undertake training activities to support human resource development activities related to geospatial information;
12/ plan and perform research activities related to geospatial information;
13/ conduct studies and collect service fee in accordance with the principle of cost sharing upon the approval of the Government;
14/ own property; enter into contracts; sue and be sued in its own name;
15/ carry out such other activities as are conducive to the attainment of its objectives.
ORGANIZATION AND WORKING PROCEDURE
8. Organization of the Agency
The Agency shall have:
1/ A Director General and Deputy Director General to be appointed by the Government; and
2/ necessary staffs.
9. Powers and Duties of the Director General
1/ The Director General shall be the chief executive officer of the Agency and in accordance with the general direction of the Commission, shall direct and administer activities of the Agency.
2/ without limiting the generality of sub-article (1) of this Article, the Director General shall:
a) Exercise the powers and duties of the Agency stated under Article (6) of this Proclamation;
b) employ and administer employees in accordance with the Federal Public Service laws;
c) Prepare and submit to the Commission the short, medium and long term plan of the Agency and budget and implement same upon the approval of the Government;
d) Effect expenditure in according with the approved plan of action and budget;
e) represent the Agency in all its dealings with third parties;
f) prepare and submit to annual report to the Commission;
g) perform such other activities assigned to him by the Commissioner.
3/ The Director General may, to the extent necessary for the efficient performance of the activities of the Agency, delegate part of his power and duties to the Deputy Director General or other official of the Agency to the extent necessary for the efficient implementation of the Agency tasks.
10. Powers and Duties of the Deputy Director General
The Deputy Director General shall:
1/ assist the Director General in planning, organizing, directing and coordinating the activities of the Agency;
2/ perform tasks assigned to them by the Director General;
3/ act on behalf of the Director General in his absence.
The budget of the Agency shall be drawn from the following sources:
1/ budget allocated by the Government;
2/ money from internally collected fees consistence with the directives of the Ministry of Finance and Economic Cooperation.
12. Books of Accounts
1/ The Agency shall keep complete and accurate books of account.
2/ The Agency’s books of account and financial documents shall be audited annually by the Federal Auditor General or an auditor to be assigned by the Federal Auditor General.
Without prejudice to Article 7(10) of the Proclamation and duties vested to other organs in other laws, no one shall:
1/ establish geodetic control points;
2/ prepare any general purpose map;
3/ without prior consent of the Agency take aerial photograph or prepare special purpose map and duplicate, print, distribute by electronics or any other media or sell.
14. Right of Ownership
1/ The Agency shall have the sole right of ownership on maps, aerial photographs, remote sensing data, survey data, geodetic control points, atlases, and gazetteers, other related digital or graphic geospatial information, journals, publications, or geographical data prepared by it or is the cause to be prepared.
2/ Whosoever uses aerial photographs, general purpose maps and products which are the property of the Agency; to prepare, print, and distribute special purpose maps and atlases aiming to benefit or gain profit, shall get the prior consent of the Agency and shall pay patent right royalty fee determined by the Government.
15. Power to Issue Regulation and Directive
1/ The Council of Ministers shall issue regulations necessary for the implementation of this Proclamation.
2/ The Agency may issue directives necessary for the implementation of this Proclamation or the regulations issued pursuant to sub-article (1) of this Article.
16. Transfer of Rights and Obligations
The rights and obligations of the Ethiopian Mapping Organization established under Proclamation No.193/1980 (amended) is hereby transferred to the Agency.
17. Effective Date
This Proclamation shall enter into force on the date of its publication in the Federal Negarit Gazette.
Done at Addis Ababa, this 8th day of March ,2018.
MULATU TESHOME (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA