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
No comments:
Post a Comment