Council of Ministers Regulation No. 400/2017
COUNCIL OF MINISTERS REGULATION TO PROVIDE FOR THE ESTABLISHMENT OF THE ETHIOPIA NATIONAL ANTI-DOPING OFFICE
WHEREAS, the House of Peoples’ Representatives of the Federal Democratic Republic of Ethiopia has ratified the International Conventions Against Doping in Sport at its 4th extra ordinary session held on the 7th day of July, 2007; with Proclamation No.554/2007;
NOW,THERE FORE, this Regulation is issued by the Council of Ministers pursuant to Article 5 and Article 39 of the Definitions of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No 916/2015.
1. Short Title
This Regulation may be cited as the “Ethiopia National Anti-Doping Office Establishment Council of Ministers Regulation No. 400/2017”.
Without prejudice to the definition provided for in appendix “1” of the World Anti-Doping Code, in this Regulation:
1/ “athlete support personnel” means any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other person working with, treating or assisting an athlete participating in or preparing for sports competition;
2/ “doping” means the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.10 of the World Anti-Doping Code;
3/ “doping control” means all steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information, sample collection and handling, Laboratory analysis, Therapeutic Use Exemptions (TUEs), results management and hearings;
4/ “federation” means a Sport Association, Sport Federation and Ethiopian Paralympics’ Committee recognized by the Ministry and affiliated to an International Federation;
5/ “license” means a certificate issued to a professional sports body, coach, agent, or a professional sports person for the purposes of carrying out the activities of the relevant sport;
6/ “Ministry” means the Ministry of Youth and Sports;
7/ “National Olympic Committee” means the Ethiopian Olympic Committee, recognized by Ministry and affiliated to the International Olympic Committee;
8/ “Office” means the National Anti-Doping Office of Ethiopia;
9/ “person” means any Natural Person or juridical body;
10/ “recognized sports organization” means a body registered in Ethiopia for the purposes of promoting sports;
11/ “State” means any Regional State referred to in Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa City Administrations;
12/ “Regional Anti-Doping Organization” means a regional entity designated by member countries to coordinate and manage delegated areas of their national anti-doping programs, which may include the adoption and implementation of anti-doping rules, the planning and collection of samples, the management of results, the review of Therapeutic Use Exemptions (TUEs), the conduct of hearings, and the conduct of educational programs at a regional level;
13/ “registration certificate” means a certificate issued to a sports body for the purposes of carrying out the activities of the relevant sport;
14/ “United Nations Education Scientific Cultural Organization (UNESCO) Convention” means the International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005, including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport;
15/ “World Anti-Doping Agency (WADA)” means a World Anti-Doping Agency established to lead a collaborative movement for doping-free sport;
16/ “World Anti-Doping Code (WADC)” means the Code developed by the World Anti-Doping Agency as a regulation for the purposes of unifying anti-doping activities globally;
17/ any expression in the masculine gender shall include the feminine;
ESTABLISHMENT OF THE ETHIOPIA NATIONAL ANTI-DOPING OFFICE
1/ There is established the Ethiopia National Anti-Doping Office (in this Regulation to be referred as the “Office") as an autonomous Federal Government office having its own legal personality.
2/ The Office shall be accountable to the Ministry and shall perform its financial, administrative and other daily activities independently.
3/ The Office shall execute its powers and duties free from interference of any governmental and nongovernmental organization or individual.
4. Head Office
The head office of the Office shall be in Addis Ababa.
5. Objectives of the Office
To promote doping free sports nationwide and aspire the successful and healthy athletes to be burgeoned, the Office shall have objectives to:
1/ enhance the awareness of the society about doping through education, training and mass mobilization;
2/ undertake different doping tests on all athletes who are nationals, residents, license holders or members of sport organizations in Ethiopia or who are present in Ethiopia, intelligence activities and the required prosecutions while the athletes tested positive;
3/ without prejudice to Article 6 (27) of this regulation , coordinate all the national anti-doping activities through providing the intended support for the National Sport Federations, Regional or City Administrations and other stakeholders.
5. Powers and Duties of the Office
In accordance with the respective provisions of the Code and the International Standards, the office shall have the following powers and duties that shall be automatically recognized by any person who involves in the sporting activities of Ethiopia፡
1/in order to prevent doping, the Office shall develop and implement national anti-doping policy and strategy that are compliance with the rules and regulations of WADA including WADC;
2/ develop and implement trainings and awareness creation programs for the education of the community in general, and the sporting community in particular, about doping and its dangers in sport;
3/ adopt and implement various guidelines and international standards based on the contexts of the country as adopted and amended from time to time by WADA;
4/ carry out doping tests on athletes;
5/ penalize any athlete and athlete support personnel who commit doping crimes provided for under Article 2, 10 and 23.2.2 of the WADC;
6/ provide continuous information to athletes, athlete support personnel and doping control officers on the procedures of collecting of samples and testing in accordance with the WADC and the International Standards developed by WADA as may be amended from time to time;
7/ provide the intended information on the execution of the anti-doping programs yearly for the compliance of governmental and world anti-doping standards as provided for under Article 14.4 of the WADC;
8/ promote participation in competitive and recreational sport free from the use of prohibited substances or methods intended to artificially enhance performance thereby rendering impermissible doping practices which are contrary to the principles of fair play and medical ethics, in the interest of the health and well-being of sport persons;
9/ protect the anti-doping rule violations in accordance with Article 2 of the WADC;
10/ establish the Result Management Committee to oversee the anti-doping rule violations as per the WADC and Ethiopia Anti-Doping Directives;
11/ without prejudice to sub-article (10) of this Article, cause the Result Management Committee to discharge its function as the first instance panel to take disciplinary measures on doping related cases as per the Ethiopian Anti-Doping Directives;
12/ without prejudice to the jurisdictional limitations of TUEs provided for under Article 4.4 of the WADC, establish an independent Therapeutic Use Exemption (TUEs) Committee to evaluate all requests for therapeutic use exemptions;
13/ carry out investigations regarding matters of doping in sports;
14/ work in coordination and cooperation with Regional and World Anti-Doping Agencies;
15/ make sure whether World Anti-Doping Agency’s Anti-Doping Codes, other conventions and UNESCO’S Anti-Doping Convention are properly followed in the country thereby supporting WADA’s efforts to prevent doping substances;
16/ pass partial or comprehensive monetary and other sport affiliated support sanctions provided for athletes, federations and other sport organizations from those individuals and organizations who are convicted of breaking procedures and rules recognized by the World Anti-Doping Code;
17/ follow up public and government monetary, material and human resource support sanctions on athletes and athlete support personnel resulting from doping related punishments as per sub-article (5) of this Article and executes consequences that are explicitly stated in the Article 10 and 23.2.2 of the World Anti-Doping Code;
18/ promote and support all service providing government bodies of Ethiopia and other organs to feed the office with doping related information that helps to eliminate doping substances in Ethiopia;
19/ undertake research, co-ordinate and facilitate conditions necessary for research to be undertaken in the field of doping practices in sport;
20/ implement the Anti-Doping Administration and Management System (ADAMS) program;
21/ maintain whereabouts and hold the registered testing pools through including in the Anti-Doping Administration and Management System (ADAMS) in accordance with the Anti-Doping Code;
22/ protect the privacy of Athletes and other persons subject to the Office’s Anti-Doping directives;
23/ automatically adopt and implement the prohibited list of doping substances as published and amended by WADA;
24/ accredits independent participant observers at the national anti-doping activities carried out at different levels nationwide;
25/ select preferred Laboratories for its collected samples analysis among those accredited or approved by WADA during inspection and test periods as per Article 6.1 of the WADC;
26/ summon, investigate and call for any evidence that may be required to investigate doping matters;
27/ exercise the exclusive jurisdictions of doping tests and controls in Ethiopia;
28/ enters into contracts for or in connection with the performance of its functions and the attainment of its objects; acquire, hold and dispose of property; sue and be sued in its own name;
29/ implement its exclusive powers and duties set out from sub-article (1) to (28) of this Article in line with the exceptional jurisdictions of International Federations and Major Event Organizations set forth in the World Anti-Doping Code.
7. Organization of the Office
The Office shall have:
1/ a Management Board (to be referred as “Board”);
2/ a Director General, and as may be necessary, Deputy Director General to be appointed by the Government;
3/The necessary staff.
8. Members of the Board
1/ The Board shall have five to seven members, including the Chairperson, to be appointed by the Government.
2/ The Director General of the office shall participate in the meeting as member of Board and Secretary of the meeting.
3/ The following persons shall not be appointed to serve as Chairperson or members of the Board:
a) a supplier or is associated with any person who supplies goods to the Office; or
b) an employee of the office or family member of any one employed in the office; or
c) holds office in a political party; or
d) a member of an elective body; or
e) an athlete or an athlete support personnel or sports federations or sport organization; or
f) a person affiliated with the organizations mentioned under paragraph (e) of this Regulation; or
g) any person who has been convicted of criminal offence by a court of law whether in Ethiopia or elsewhere and yet not re-instated; or
h) any person who has a health or mental illness and not capable to perform the functions of the office.
9. Powers and Duties of the Board
The Board shall have the following powers and duties:
1/ formulate policies and strategic as well as strategic plan; conduct monitoring and evaluations of same and give direction;
2/ evaluate and forward its recommendations on policies, strategies, plans, studies, and researches formulated with the view to eliminate doping in Sport;
3/ establish relevant committees as it deems convenient for the efficient carrying out of its mandate such as Committee on Result Management, Committee on Therapeutic Use Exemption, Committee on Research and others;
4/ determine the number of members of Committees to be established pursuant to sub-article (3) of this Article;
5/ designate Chairperson of each Committee from the members of the Board ;
6/ co-opt persons having required expertise to assist committees;
7/ advice the Office on its daily activities;
8/ carry on any other activities that enable to achieve the objectives of the Office.
10. Meeting of the Board
1/ The Board shall conduct its regular meeting every three months; provided, however, that it may hold extraordinary meetings when called by the Chairperson.
2/ There shall be a quorum where a majority of the members of the Board are present at a meeting.
3/ The decision of the Board shall be passed by a majority vote, in case of a tie; the Chairperson shall have a casting vote.
4/ Any member of the Board shall be required to declare and cause record his interest in any matter before the Board in which a conflict of interest is likely to arise.
11. Term of Office of the Board
1/The term of Office of the Chairperson and Members of the Board shall be four years; provided, how ever, that they may be re-assigned for one additional term of office.
2/ The Government shall substitute the Chairperson or a Board Member, when they leave from board through resignation, health matters or incompetency or other reasons.
3/ When the Chairperson or Members of Board leave from membership due to various reasons as per sub-article (2) of this Article, the Office shall report to the Government for substitution.
4/ The Government shall appoint a substitute Chairperson or Members of Board within three months starting from the report received pursuant to sub-article (3) of this Article.
5/ The term of office of the newly substituted Board Members shall be the remaining term of office of the late Board Member.
12. Powers and Duties of the Director General
1/ The Director General shall be the Chief Executive officer of the office and shall, direct and administer the activities of the office.
2/ Without limiting the generality of Article 13(1) of this Regulation , the Director General shall:
a) exercise the powers and duties of the office specified under Article 6 of this regulation;
b) employ and administer employees of the office in accordance with the Federal Public Service Laws;
c) prepare and submit to the Ministry the strategic plan, annual plan, work program and budget of the office after review by the Board and implement the same upon approval;
d) effect payments in accordance with the approved budget and work program of the Office;
e) represent the Office in its dealings with third parties;
f) produce and submit to the Ministry performance and financial report of the Office;
g) perform such other duties as may be assigned to him by the board.
3/ The Director General of the Office may delegate part of his powers and duties to the Deputy Director General and employees of the office to the extent necessary for the effective performance of the activities of the office.
13. Power and Duties of the Deputy Director General
1/ Assists the Director General in executing the objectives of the agency specified in this Regulation; in implementing Powers and Duties of the office, planning, organizing and coordinating the activities of the office.
2/ carry out such other activities which are may be specifically entrusted to him by the Director General.
3/ Act on behalf of the Director General in his absence.
14. Budget of the Office
The budget of the Office shall be allocated by the Government.
15. Books of Account
1/ The Office shall keep complete and accurate books of accounts.
2/ The Books of Accounts and financial documents of the Office shall be audited annually by the Auditor General or an Auditor assigned by him.
16. Duty to Cooperate
1/ Any person shall have the duty to co-operate with the office in the implementation of any anti-doping movement and with any investigations conducted by the office.
2/ Without prejudice to the generality of sub-article (1) of this Article:
a) Each Sports Federation shall automatically accept and recognize the anti-doping rules and the Office’s results management authority and be bounded by it and produce their own Anti-Doping rules derived from the International Federations and Ethiopian anti-doping rule enforcing all Athletes and each Athlete Support Personnel, Coach, Trainer, Managers, Team Staff, officials, medical or Paramedical Personnel;
b) any person shall have duty to report to the Office any information relating to an anti-doping rule violation, and, if it is a National Federation, it shall also report to its International Federation;
The Board, Director General, Deputy Director General and staffs of the Office shall discharge their duties free from interference of any person.
18. Power to Issue Directives
The Office may develop its own Anti-Doping Directives in accordance with the World anti-doping rules and international standards.
19. Effective Date
This Regulation shall enter into force on the date of publication in the Federal Negarit Gazette.
Done at Addis Ababa this 24th Day of Murch 2017
PRIME MINISTER OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA