Administrative Boundary And Identity Issues Commission Establishment Proclamation No.1101-2019

 

PROCLAMATION No. 1101 /2019

A PROCLAMATION TO ESTABLISH ADMINISTRATIVE BOUNDARY AND IDENTITY ISSUES COMMISSION

WHEREAS, It is found necessary, by strengthening the Federal System to reinforce the underway diversity of Nations, Nationalities and Peoples;

WHEREAS, it is become necessary to solve issues of Administrative Boundary, Self-government and Identity questions that repeatedly occur in regions nationally and for lasting;

WHEREAS, it is realized that controversy relating Administrative Boundary is source of conflicts between various Nations, Nationalities and Peoples;

WHEREAS, it is becomes necessary the need for a neutral, highly professional and peaceful solution to these problems since conflicts with Administrative Boundary are a cause of great instability;

NOW, THERFORE, 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 “Administrative Boundary And Identity Issues Commission Establishment Proclamation No.1101 /2019.”

2. Definition

1/ “Administrative Boundary” means issues related to Self-Administration, identity questions, Administrative Boundary Demarcation and other similar events that rise in relation to Boundary issues.

2/ “Commission” means ‘Administrative Boundaries and Identity issues Commission’ established under Article 3 (1) of this Proclamation.

3/ “Person” means any physical or juridical person.

3. Establishment

1/ Administrative Boundary Commission (hereinafter referred to as “The Commission”) is hereby established by this Proclamation.

2/ The Commission shall have Administrative

Boundary and Identity Question Commission, its Own Office and Necessary Staff.

3/ The Commission shall be accountable to the

Prime Minister.

4. Objectives of the Commission

The objectives of the commission shall be to submit recommendation to the Public, the House of Federation, the House Of People’s Representatives and the Executive Organ through analysis of causes and conflicts arises in relation to Administrative Boundaries, self-government and identity issues in participatory, explicit, inclusive and scientific manner.

5. Power and Duties Of The Commission Without prejudice to Powers and Duties that are provided to the House of Federation and Regions under the Constitution and other laws, The Commission shall have the following Powers and Duties:

1/ Provide alternative recommendations to the House of the Federation and the Prime Minister by studying any problems and conflicts that are related to the Administrative Boundaries Demarcation, self-Administration and Issues of Identity;

2/ Provide recommendations to the Prime Minister and the House of the Federation on amendments actions that has to be taken to promote and consolidate unity of Peoples based on equality and their mutual consent;

3/ Provide recommendations, for the continued determination and alteration of Administrative Boundary decisions to; the House of Federation, the House of People’s Representatives and the Prime Minister in order to expand appropriate constitutional principles, transparency and efficient system or amendment of laws;

4/ Present recommendations to the House of Federation and The Prime Minister, by investigating Administrative Boundaries controversy which are considerable and directed to it from the House of Federation, The House of People’s Representatives and Federal Government;

5/ Facilitate ways in which Conflicts arise over Administrative Boundaries have been resolved, the renewal and strengthen of good relation between neighboring regions;

6/ Provide recommendations to; The House of The Federation, The House of People’s Representatives and the Prime Minister on the measures that has to be taken to make Administrative Boundaries not to be further cause of conflicts;

7/ Initiate policy framework of Administrative Boundaries to make the Administrative Boundaries and their area of well-being for Development and Commerce;

8/ Collect Public opinion on issues of Administrative
Boundary;

9/ Collect opinion and inputs for the study from Regional and Federal Officials, Political Parties, and other Stakeholders;

10/ Prepare strategy and detailed plan that show the process of gathering public input and feedback, which ensures that the process includes all sections of the Community.

6. Administrative Boundaries and Identity Issues

The Commission shall Submit issues to the House of Federation, if issues that are identified by the study of the Commission are related to Self-Administration, Administrative Boundary and Identity question.

7. Appointment of the members of the Commission

1/ Number of members of the Commission shall be determined by the government.

2/ Individuals designated as members of the Commission shall have Community commendation and good reputation for their ethical conduct, educational preparation, and work experience.

3/ The Chairperson of the Commission and the Deputy Chairperson and other members of the Commission shall, up on recommendation by the Prime Minister be appointed by the House of People's Representatives of The Federal Democratic Republic of Ethiopia

8. Meetings of the Commission

1/ The Commission shall hold its regular meetings every fifteen days; provided, however that it may hold extraordinary meetings at any time when necessary.

2/ There shall be quorum where more than half of the members of The Commission are present at a meeting.

3/ The Council shall pass its recommendation by consensus.

4/ In case of failure to reach consensus on recommendations, decisions shall be made by majority vote.

5/ without prejudice to the provisions of this Article, The Commission may adopt its own rules on procedure of meeting.

9. Powers and Duties of the Chairperson of the Commission

Chairperson of the Commission shall:

1/ Direct the general activities of the Commission;

2/ Assign the necessary supportive staff to the
Commission; and

3/ Make relation with third parties representing the
Commission.

10. Power and Duties of the Deputy Chairperson of the Commission

The Deputy Chairperson of the Commission shall:

1/ Perform the activity of the chairperson in his absence.

2/ perform other activity given to him by the chairperson.

11. Office of the Commission
1/ The head office of Commission shall be in Addis

Ababa and may have branch offices on other parts of the country, as may be necessary.

2/ The head of Office of the Commission shall be appointed by the Government.

12. Power and Duties of Office Of The Commission

The Office of The Commission shall have the following Powers and Duties:

1/ Provide general administrative and financial services to the Commission;

2/ Provide research and study services to the
Commission;

3/ Provide logistical support to the Commission’s public participation and consultation forums;

4/ It shall compile the minutes of the Commission, decisions and documents of the Commission;

5/ Provide the necessary support and assistance to facilitate the work of the Commission.

13. Power and Duties of the Head of the Office

1/ Administer the Office’s staff and resource.

2/ Direct the secretarial and logistic support to members of the Commission.

3/ Prepare the work programs and budgets of the Commission and implement same upon approval;

4/ Represent the Office in all dealings with third parties.

14. Neutrality of the Commission

The Commission undertakes the work independently and impartially.

15. Term Of the Commission

1/ The term of Members of the Commission shall be up to 3 years.

2/ Notwithstanding the provision of Sub-Article (1) of this Article The House of Peoples

Representative's may extend term of the Office of Members of the Commission.

16. Duty to Cooperate

Any person shall have an obligation to cooperate with the Commission for any legal questions requested by the Commission while undertaking its responsibility provided under this proclamation.

17. Protection of Witnesses and whistle-blower

1/ No one may be accused by the testimony given to the Commission as well as the testimony given before the Commission could not serve as evidence up on him.

2/ The provisions of the law for the protection of the witnesses and whistle blowers shall apply to those who have provided testimonies and evidences to the Commission.

18. Budget

The Budget of the Commission shall be allocated by the government.

19. Books of Account

1/ The Office Of The Commission 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 Federal General Auditor or by Auditor designated by him.

20. Power to issue Regulation and Directive

1/ The Council of Ministers may issue regulations necessary for the implementation of this Proclamation.

2/ The Commission may issue Directives for the implementation of this Proclamation and Regulations issued pursuant to Sub-Article (1) of this Article.

21. Effective Date

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

Done at Addis Ababa, 8th Day of February 2019,

SAHLEWORK ZEWEDIE

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

 

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