Proclamation No. 1071/2018 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE FEDERAL JUSTICE AND LEGAL SYSTEMS RESEARCH AND TRAINING INSTITUTE


Proclamation No. 1071/2018A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE FEDERAL JUSTICE AND LEGAL SYSTEMS RESEARCH AND TRAINING INSTITUTE


WHEREAS, it is found necessary to undertake studies and researches on justice and law, with a view to harmonizing laws with the country’s current level of growth and future development needs and making  the justice system modern, accessible, efficient and effective in order to  guarantee the effective implementation of  the Constitution of the Federal Democratic Republic of Ethiopia, foster good governance; ensure economic and social development based on democratic and developmental growth model;  

WHEREAS, cognizance is taken regarding the role of reliable and comprehensive information which demonstrates the performance of the justice system in efficiently achieving the mission assigned to it; as an input to reform initiatives underway to make the justice system effective;

WHEREAS, it is necessary to enhance the implementation capacity of the justice sector by providing trainings that will produce qualified leaders and professionals equipped with the necessary knowledge, skills, attitude and ethics;

WHEREAS, it is found necessary to establish a system to coordinate the implementation and leadership of the reform initiatives in the justice system and the law schools; 

WHEREAS, cognizance is taken that avoiding overlap of mandates among different institutions and putting together legal research, capacity building and justice reform tasks which are being  performed by different institutions in dispersed manner under a single institution could make the work effective;

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


SECTION ONE

GENERAL

1.  Short Title
This Proclamation may be cited as the “Federal Justice and Legal Research and Training Institute Establishment Proclamation No.1071/ 2018”.
2.  Definition
In this Proclamation, unless the context otherwise requires:

1/              “justice organs” means Courts, Federal Attorney General, Police Commission and Prison Administration; and it may, where appropriate, include other organs whose responsibilities are related to justice and law;


2/              “justice organs’ professionals” means judges, prosecutors, registrars, members of police commission and prison administration and public defenders; and, where appropriate, may include other professionals;

3/              “justice Information analysis” means a process of systematic organization and analysis of law and justice related data and presentation of reliable information which demonstrates the accurate and complete picture of the country’s justice system;


4/ “Region” means any region specified in  Article 47/1/ of  the Constitution of the Federal Democratic Republic of Ethiopia; and  includes the Addis Ababa and Diredawa City Administrations;
5/ any expression in the masculine gender shall also apply to the feminine.


SECTION TWO

ESTABLISHMENT, ACCOUNTABILITY, OBJECTIVES, POWERS AND DUTIES

3.  Establishment and Accountability
1/              Federal Justice and Legal Research and Training Institute, (hereinafter referred to as the “Institute”), is hereby established as an autonomous federal government office having its own legal personality.

2/              The Institute shall be accountable to the Prime Minister. 

4.  Head Office

The Institute shall have its head office in Addis Ababa.

5.  Objectives
The Institute shall have the following objectives:

1/              undertake studies and researches with a view:

a)              to revising laws of the country and proposing new laws in order to ensure the effective implementation of the Constitution of the  Federal Democratic Republic of Ethiopia; strengthen and modernize the justice and legal system; ensure the prevalence of rule of law; and promote economic and social development based on democratic and developmental growth ideals and model; and

b)             to ensure good governance within the justice system by making justice organs  modern, accessible, efficient and effective .

2/              making available comprehensive information about the justice systems of the country; be a centre of justice and legal information;

3/              building the justice system with professionals equipped with the highest professional competence and integrity which will be confided by the public and stand firm for the protection of constitutional order, public responsibility and trust, through enhancing the knowledge, skills, attitude and ethical standards of justice organs leadership and professionals.
4/              coordinating, integrating and ensuring the effectiveness of justice system and legal education reform programmes as well as any other reform program carried out in the justice sector.

6.  Powers and Duties of the Institute

The Institute shall have the powers and duties to:

1/              design law revision research programmes and conduct studies and researches in order to:

a)              consolidate and harmonize existing laws with the country’s current level of development and make them suitable to use;

b)             initiate the legislation of new laws necessary for a full-fledged development of the Country's legal system;
c)              strengthen legal education and training;

d)             enhance the human resource capacities, organization and performance of justice organs; and

e)              facilitate integration and collaboration of various dispute resolution mechanisms and traditional justice systems, related to legal pluralism, with the formal justice system of the country.

2/              conduct justice information analysis and present areliable and comprehensive information vis-à-vis success of the justice sector in achieving its mission and identify gaps and propose solutions in relation to organizational structure, human resource capacity, financial resources, operations and related problems.

3/              coordinate and integrate the Justice Reform Program and the Legal Education Reform Program as well as any other reform programme implemented in the justice sector;

4/              prepare national training curriculum in collaboration with Regional State legal research and training centres;

5/              provide pre-job trainings to legal professionals who join federal justice institutions as well as Regional State justice institutions that do not have their own training institutions based on the cooperation of Regional States;


6/              provide on-the-job trainings for professionals who work in the federal justice organs and Regional State justice organs that do not have training institutions based on the cooperation of Regional States;


7/              design training packages and provide training for the justice sector leadership;

8/              provide trainings for private lawyers serving the justice system.

9/              provide trainings for law schools instructors  and trainers who work in the federal and Regional State training centres based on the cooperation of Regional States; and certify thereof;

10/            provide consultancy, research and training services on issues related to the objectives of the institute;

11/            publish and distribute research outputs; prepare, collect, organize and distribute training materials;

12/            collect and organize justice and law related information and establish justice data centre; and

13/            perform any other activities as may be necessary for the attainment of its objectives.

SECTION THREE

STRUCTURE AND FUNCTION

7.  Organization of the Institute
The Institute shall have:


1/              a Director General and Deputy Director Generals to be appointed by the government and
2/              the necessary staff


8.  Power and Duties of the Director General

1/              The Director General shall be the Chief Executive Officer of the Institute and shall direct and manage the activities of the Institute.
2/              Without prejudice to the generality of the provisions of sub-article (1) of this Article the Director General shall:

a)              execute the powers and duties of the Institute stipulated under Article 6 of this Proclamation;

b)             prepare and submit the work plan and budget of the Institute to the Prime Minister; and implement same upon approval;

c)              effect expenditure  in accordance with the approved budget and work plan of the Institute;

d)             employ and administer employees engaged in support services of the Institute in accordance with the federal civil service laws and, in the case of professionals engaged in the core functions of the Institute, in accordance with directives to be approved by the government following the basic principles of other research and higher educational institutions;
e)              represent the Institute in all dealings with third parties;

f)              prepare and submit to the Prime Minister the performance and financial reports of the Institute;

g)             execute other related tasks assigned to him by the Prime Minister;

3/              The Director General may, to the extent necessary for the efficient performance of the activities of the Institute, delegate part of his power and duties to the Deputy Director Generals or employees of the Institute.

9.  Power and Duties of Deputy Director Generals
The Deputy Director Generals of the Institute:

1/              direct and administer the department assigned to them in accordance with the institute’s organizational structure;

2/              perform tasks assigned to them by the Director General;

3/              Unless the Director General delegates otherwise, the senior Deputy Director General shall act on behalf of the Director General in his absence.

10.  Budget

The budget of the Institute shall be drawn from the following sources:

1/ budget allocated by the Government;

2/ money from internally collected fees, as permitted pursuant to the directives of the Ministry of Finance and Economic Cooperation.

11. Books of Accounts
1/              The Institute shall keep complete and accurate books of account.

2/              The Institute’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.

SECTION FOUR

MISCELLANEOUS PROVISIONS


12. Advisory Council

1/              An Advisory Council in which the federal justice organs shall work in collaboration is hereby established in order to coordinate and facilitate the Institute’s activities.

2/              The Advisory Council shall:
a)              provide advice and suggestion with regard to the Institute’s work performance and provide support during implementation;

b)             provide advice and feedback on policy related matters, plans, budgets, performance reports to be submitted to the government by the Institute and other matters submitted by the Director General;

c)              comment on research outputs prepared by the Institute;

3/              The chairperson and members of the Advisory Council shall be assigned by the Prime Minister.
4/              The Director General of the Institute shall be secretary of the Advisory Council.
5/ The Advisory Council shall determine on its meeting and working procedures.
6/ The Institute shall facilitate the works of the Advisory Council.

13. Transfer of Rights and Obligations

The rights and obligations of the Justice and Legal System Research Institute and the Justice Organs Professionals Training Centre are hereby transferred to the Institute.

14. Transitory Provisions

Directives issued and procedures set in order to execute the power and duties of the Justice and Legal System Research Institute and the Justice Organs Professionals Training Centre shall remain in force until replaced by new directives and procedures.

15. Repealed Laws

1/              The Justice and Legal System Research Institute Establishment Council of Ministers Regulation No. 22/1997 and the Justice Organs Professionals Training Centre Establishment Proclamation No. 364/2003 are hereby repealed.


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

16. Power to Issue Regulations and Directives
1/              The Council of Ministers may issue regulations necessary for the implementation of this Proclamation.

2/              The Institute shall have the power to issue directives for the implementation of this Proclamation and regulations issued pursuant to sub-article (1) of this Article.

17. Effective Date

This Proclamation shall enter into force as of the date of its publication in the Federal Negarit Gazette.

Done at Addis Ababa, this 2nd day of February, 2018.

MULATU TESHOME (Dr.)

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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