A PROCLAMATION TO PROVIDE FOR THE DEFINITION OF POWERS AND DUTIES OF THE EXECUTIVE ORGANS OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA (PROCLAMATION NO. 691/2010)

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By Abrham Yohannes on January 31, 2011 • ( 12 Comments )

A PROCLAMATION TO PROVIDE FOR THE DEFINITION OF POWERS AND DUTIES OF THE EXECUTIVE ORGANS OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA (PROCLAMATION NO. 691/2010)

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WHEREAS it has been found necessary to redefine the organization, powers and duties of the executive organs of the Federal Democratic Republic of Ethiopia;

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

PART ONE GENERAL

1. Short Title

This Proclamation may be cited as the “Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 691/2010.”

2. Definition

In this Proclamation unless the context otherwise requires:

1/“Regional State” means any state referred to under Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations;

2/ any expression in the masculine gender includes the feminine.

PART TWO

THE PRIME MINISTER, THE DEPUTY PRIME MINISTER AND THE COUNCIL OF MINISTERS

3. Powers and Duties of the Prime Minister

The powers and duties of the Prime Minister of the Federal Democratic Republic of Ethiopia shall be as specified under Article 74 of the Constitution.

4. Powers and Duties of the Deputy Prime Minister

The powers and duties of the Deputy Prime Minister of the Federal Democratic Republic of Ethiopia shall be as specified under Article 75 of the Constitution.

5. Powers and Duties of the Council of Ministers

The powers and duties of the Council of Ministers of the Federal Democratic Republic of Ethiopia shall be as specified under Article 77 of the Constitution.

6. Members of the Council of Ministers

1/ The Council of Ministers shall have the following members:

a)the Prime Minister;

b)the Deputy Prime Minister;

c)Ministers heading the ministries specified under Article 9 of this Proclamation; and

d)other officials to be designated by the Prime Minister.

2/Where any Minister referred to in sub-article

(1)(c) of this Article cannot attend the meeting of the Council, the Minister of State of the Ministry or, in the absence of Minister of State, the Vice Minister shall take part in the meeting of the Council. Where there are more than one Ministers of State or in, the absence of Minister of State, more than one Vice Ministers, the senior Minister of State or Vice Minister shall, unless specific delegation has been given by the Minister, take part in the meeting of the Council.

7. Meeting Procedure of the Council of Ministers

1/ The Council of Ministers shall:

a)have its own procedural manuals;

b)conduct ordinary and extraordinary meetings in accordance with its rules of procedure;

c)have a quorum where more than half of its members are present;

d)pass decisions by consensus or, failing that, by majority vote.

2/ The Prime Minister shall:

a)without prejudice to the rights of the members of the Council of Ministers to propose agenda items, determine the agenda of the Council;

b)preside over the meetings of the Council;

c)adjourn the meetings of the Council under circumstances where he finds it necessary to refer a case, included in the Council’s agenda, to the relevant committee of the Council.

3/In the absence of the Prime Minister, the Deputy Prime Minister shall preside over the meetings of the Council.

8. Standing Committees of the Council

1/The Council of Ministers may, with a view to facilitating its functions, have various standing committees comprising of its members.

2/The powers and duties of standing committees shall be defined in the manuals of the Council.

PART THREE MINISTRIES

9. Establishment

The following Ministries are hereby established:

1/the Ministry of National Defense;

2/the Ministry of Federal Affairs;

3/the Ministry of Foreign Affairs;

4/the Ministry of Justice;

5/the Ministry of Civil Service;

6/the Ministry of Finance and Economic Development;

7/the Ministry of Agriculture;

8/the Ministry of Industry;

9/the Ministry of Trade;

10/the Ministry of Science and Technology;

11/the Ministry of Transport;

12/the Ministry of Communications and
Information Technology;

13/the Ministry of Urban Development and
Construction;

14/the Ministry of Water and Energy;

15/the Ministry of Mines;

16/the Ministry of Education;

17/the Ministry of Health;

18/the Ministry of Labour and Social Affairs;

19/the Ministry of Culture and Tourism;

20/the Ministry of Women, Children and Youth
Affairs.

10. Common Powers and Duties of Ministries

Each Ministry shall have the powers and duties to:

1/ in its area of jurisdiction:

a)initiate policies and laws, prepare plans and budgets, and upon approval implement same;

b)ensure the enforcement of the federal government laws;

c)undertake study and research; collect, compile and disseminate information;

d)undertake capacity building activities;

e)provide assistance and advice to regional states, as necessary; and provide coordinated support to regional states eligible for affirmative support as coordinated by the Ministry of Federal Affairs;

f)enter into contracts and international agreements in accordance with the law;

2/direct and coordinate the performances of the executive organs made accountable to it under the laws establishing them or under Article 33 of this Proclamation; review the organizational structures as well as the work programs and budgets of the executive organs and approve their submission to the appropriate government organs;

3/supervise the public enterprises made accountable to it in accordance with the Public Enterprises Proclamation No. 25/1992, and ensure that they operate as development catalysts;

4/address women and youth affairs in the preparation of policies, laws and development programs and projects;

5/create, within its powers, conditions whereby persons with disabilities and H.I.V. AIDS victims benefit from equal opportunities and full participation;

6/exercise the powers and duties given to it under this Proclamation and other laws;

7/where necessary, delegate part of its powers and duties to other federal or regional state organs;

8/submit periodic performance reports to the Prime Minister and the Council of Ministers.

11. Accountability and Responsibility of Ministers

Each Minister shall:

1/be accountable to the Prime Minister and the Council of Ministers;

2/represent and exercise the powers and duties of the Ministry he is heading;

3/effect payments in accordance with the budget and work programs approved for the Ministry;

4/ensure the implementation of performance management system within the Ministry.

12. Accountability and Responsibility of Ministers of State and Vice Ministers

1/Each Minister of State or Vice Minister of a Ministry shall be accountable to the Minister and shall carry out the responsibilities specifically entrusted to him.

2/The Minister of State or, in the absence of Minister of State, the Vice Minister shall act on behalf of the Minister in his absence. Where there are more than one Ministers of State or where, in the absence of Minister of State, there are more than one Vice Ministers, the senior Minister of State or Vice Minister shall act on behalf of the Minister in his absence.

13. The Ministry of National Defense

The Ministry of National Defense shall have the powers and duties to:

1/defend the territorial integrity of the country in cooperation with the appropriate organs;

2/establish, equip and supervise the defense forces and ensure their combat capabilities;

3/ ensure that the composition of the national defense forces reflect equitable representation of nations, nationalities and peoples and that they carry out their functions free of any partisanship to any political organization;

4/organize training establishments for the defense forces;

5/enforce security measures and the constitutional order, when instructed in accordance with the provisions of the Constitution, where situations endangering public safety are beyond the control of regional states or where any Regional State violates the Constitution and endangers the constitutional order;

6/combat guerrilla and terrorist activities;

7/construct and cause the construction of military camps and residential quarters required for the defense forces;

8/prepare plans and get authorizations for the coordinated utilization of resources in the country that may be required in an event of national mobilization;

9/prepare schemes whereby the public can defend or guard itself against enemy threats when general mobilization is declared; and, upon authorization, implement same in cooperation with concerned organs;

10/recruit, train and organize national reserve force that shall join the armed forces in time of war or state of emergency and that shall provide assistance in the event of man-made or natural disasters;

11/coordinate the activities of, and cooperate with the appropriate federal and regional state organs in matters relating to the defense of the country;

12/organize and deploy competent peacekeeping forces where the country is required to participate in international peacekeeping missions;

13/ retain and utilize, upon obtaining the approval of the Council of Ministers:

a)revenue generated by engaging idle facilities of defense institutions, in peace times, in income generating activities;

b)the proceeds of disposal of properties which are no more required for defense purposes; and

c) dividends from enterprises put under its supervision;

for national defense capacity building projects;

14/ensure that the procedures and standards embodied in the Financial Administration Proclamation No. 648/2009 and regulations and directives issued there under are followed in the administration of the fund referred to in sub-article (13) of this Article and submit same for auditing by the Auditor General;

15/ensure that the defense forces participate in the country’s development activities in times of peace.

14. The Ministry of Federal Affairs

1/ The Ministry of Federal Affairs shall have the powers and duties to:

a)cooperate with concerned federal and regional state organs in maintaining public order;

b)without prejudice to the provisions of Article 48 and 62(6) of the Constitution of the Federal Democratic Republic of Ethiopia, facilitate the resolution of disputes arising between regional states;

c)without prejudice to the provisions of the relevant laws and upon requests of regional states, devise and implement sustainable political solutions for disputes and conflicts that may arise within regional states;

d)coordinate the implementation of decisions authorizing the intervention of the federal government in the affairs of regional states;

e)serve as a focal point in creating good federal-regional relationship and cooperation based on mutual understanding and partnership and thereby strengthen the federal system;

f)provide assistance to regional states particularly to those deserving special support;

g)coordinate, integrate and follow up supports given by other federal organs to regional states deserving special support;

h)work in collaboration with pertinent government organs, religious institutions and other organs to ensure that peace and mutual respect will prevail among followers of different religions and beliefs, and to be able to prevent conflicts; register religious organizations and associations;

i)ensure the proper execution of functions relating to federal police, federal prisons and mine sweeping;

j)issue permit for the possession or use of arms, firearms and explosives; determine conditions applicable for the selling of explosives; issue permits for the selling and repairing of arms and fire arms;

k)ensure the proper execution at the federal level of functions relating to the registration of charities and societies.

2/The powers and duties given to the

Ministry of Justice, with respect to matters relating to charities and societies, by the provisions of other laws, currently in force, are hereby given to the Ministry of Federal Affairs.

15. The Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall have the powers and duties to:

1/safeguard the interests and rights of the country in connection with its foreign relations and ensure that they are respected by foreign states;

2/ensure that the country’s good relations with  neighboring countries are strengthened;

3/in consultation with the concerned organs, negotiate and sign, upon approval by the government, treaties that Ethiopia enters into with other states and international organizations, except in so far as such power is specifically given by law to other organs; and effect all formalities of ratification of treaties;

4/ensure the enforcement of rights and obligations arising from treaties signed by the Ethiopian government except in so far as specific power has legally been delegated to other organs;

5/register and keep all authentic copies of treaties concluded between Ethiopia and other states and international organizations;

6/perform the functions of a depository of multilateral treaties when the Ethiopian government is a depository of such treaties;

7/coordinate and supervise the activities of

Ethiopia’s diplomatic and consular missions and permanent missions of Ethiopia to international organizations;

8/coordinate all relations of other government organs with foreign states and international organizations;

9/keep contacts, as may be necessary, with foreign diplomatic and consular representatives in Ethiopia as well as with representatives of international organizations with a view to facilitating the protection of mutual interests;

10/ensure that privileges and immunities accorded to foreign diplomatic missions and representatives of international organizations under international laws and treaties to which Ethiopia is a party are respected;

11/ issue diplomatic and service passports and diplomatic and service entry visas in accordance with the relevant laws;

12/ through pursuing economic diplomacy, cooperate with the concerned organs in:

a)promoting the country’s foreign trade and tourism;

b)identifying and attracting foreign investors;

c)facilitating the mobilization of external financial and technical assistances.

13/ensure that the interests and the rights of Ethiopians residing abroad are protected; encourage and support associations formed by Ethiopian communities and friends of Ethiopia.

16. The Ministry of Justice

The Ministry of Justice shall have the powers and duties to:

1/be chief advisor to the federal government on matters of law;

2/undertake legal reform studies and carry out the codification and consolidation of federal laws; collect Regional State laws and consolidate same as necessary;

3/assist in the preparation of draft laws when so requested by federal organs and regional states;

4/study the causes of crimes; devise ways and means of crime prevention; coordinate the relevant government organs and communities in crime prevention;

5/undertake or order the conduct of investigation where it believes that a crime the adjudication of which falls under the jurisdiction of the federal courts has been committed; direct and supervise the process of the investigation; allow plea-bargain; upon the existence of good cause, decide on the discontinuance of an investigation or the carrying out of additional investigation;

6/represent the federal government in the institution and trial of criminal charges; withdraw criminal charges for good causes and in accordance with the law; follow up the execution of decisions of the courts;

7/establish systems for gathering, handling and distribution of information relating to criminal justice; and provide support to the concerned organs of justice;

8/institute suit on behalf of federal government offices and public enterprises or intervene at any stage of the proceedings of such suit before the competent courts or other judicial bodies where the rights and interests of the public and of the federal government so require; and follow up the execution of court decisions which made government offices and public enterprises judgment creditors;

9/follow up, as necessary, the handling of civil suits and claims to which the federal government offices and public enterprises are parties; cause reports to be submitted to it on same, and ensure that competent legal professionals are assigned; where it believes that an infringement of the law has been committed, it shall give instructions to rectify the irregularities and follow up the observance of same;

10/assist in the amicable resolution of disputes arising between federal government offices and public enterprises;

11/represent citizens, in particular women and children, who are unable to institute and pursue their civil suits before the federal courts;

12/license and supervise advocates practicing before federal courts;

13/ensure that whistleblowers and witnesses of criminal offences are accorded protection in accordance with the law;

14/coordinate activities involving international judicial assistance with respect to criminal cases;

15/create legal awareness through the use of various methods with a view to raising public consciousness in relation to the protection of human rights; cooperate with the appropriate bodies in relation to legal education and training.

17. The Ministry of Civil Service

1/ The Ministry of Civil Service shall have the powers and duties to:

a)ensure that a competent and effective civil service is established;

b)ensure that the recruitment and selection of the federal civil servants is based on merit system;

c)adopt strategies for the sustainable development and use of human resources in the civil service, and follow up the implementation of same;

d)ensure that competence and performance related pay and reward system is established for the civil service; evaluate its effectiveness and make necessary adjustments;

e)ensure the establishment of a system for monitoring the observance of federal civil servants’ code of ethics, and follow up the implementation of same;

f)follow up and ensure the proper enforcement of federal civil servants’ administration laws;

g)coordinate public sector capacity building activities; adopt strategies for continuous improvement of service delivery in the public sector; monitor and evaluate the implementation of same;

h)review organizational structures of federal government offices for their appropriateness; provide necessary support in conducting reform studies;

i)ensure that federal government offices have established and implement service standards, and procedures for handling grievances of customers;

j) ensure the development and implementation of uniform information system on human resource management of the civil service and serve as an information clearing house;

k)decide on requests for authorization of retention of civil servants in service beyond retirement age.

2/The powers and duties given to the Federal

Civil Service Agency by the provisions of other laws, currently in force, are hereby given to the Ministry of Civil Service.

18. The Ministry of Finance and Economic Development

The Ministry of Finance and Economic Development shall have the powers and duties to:

1/initiate policies that ensure sustainable and equitable economic development as well as macro-economic stability in the country; in cooperation with the concerned organs, manage the economy by monitoring the implementation of such policy and submit reports on the performance of the economy;

2/establish a system for the preparation and implementation of national development plan, and in cooperation with the concerned organs prepare the country’s economic and social development plan and follow-up the implementation of same upon approval;

3/establish a system for the preparation and implementation of development projects; conduct pre-implementation evaluation of project proposals submitted for financing;

4/follow up and evaluate the performance of general, sectoral and multisectoral development plans; prepare a national report on the implementation of development plans which shall include the performance of regional states plans;

5/initiate macro-economic and fiscal policies that particularly serve as a basis for taxes, and follow-up he implementation of the same;

6/establish systems of budgeting, accounting, disbursement and internal audit for the federal government, and follow-up the implementation of same; ensure the harmonization of systems of budgeting, accounting, disbursement and internal audit established at the levels of both federal and regional governments;

7/prepare the federal government budget, make disbursements in accordance with the budget approved, and evaluate the performance of the budget;

8/establish a system of procurement and property administration for the federal government and supervise the implementation of same;

9/mobilize, negotiate and sign foreign development and loans, and follow-up the implementation of same;

10/mange and coordinate the bilateral economic cooperation as well as the relationship with international and regional organizations set-up to create economic cooperation; follow up the impact of the same on the performance of the country’s economy;

11/be the depository of and safeguard the federal government’s shares, negotiable and non-negotiable instruments and other similar financial assets;

12/formulate the population policy of the country; upon approval, follow up, coordinate and supervise its implementation

13/ ensure the proper execution of functions relating to mapping and statistics.

19. The Ministry of Agriculture

1/ The Ministry of Agriculture shall have the powers and duties to:

a)promote the expansion of extension and training services provided to farmers, pastoralists and private investors to improve the productivity of the agricultural sector;

b)establish a system to ensure that any agricultural product supplied to the market maintains its quality standard; and follow up the implementation of same;

c)conduct quarantine on plants, seeds, animals and animal products brought into or taken out of the country;

d)control the outbreak of animal and plant diseases and migratory pests;

e)formulate  and facilitate the implementation of a strategy for natural resources protection and development through sustainable agricultural development

f) build capacity for supplying, distributing and marketing of agricultural inputs, and ensure the supply of the inputs;

g)ensure the proper administration and control of pesticides and veterinary drugs;

h)establish and direct training centers that contribute to the enhancement of agricultural development and the improvement of rural technologies;

i)undertake disaster prevention and preparedness activities and ensure the proper implementation of the food security program;

j)ensure the creation of enabling environment for the provision of credit facilities to farmers and pastoralists;

k)monitor events affecting agricultural production and set up an early warning system;

l) establish a system whereby stakeholders of agricultural research coordinate their activities and work in collaboration;

m)expand small-scale irrigation schemes to enhance agricultural development;

n)follow up and provide support in the establishment of a system involving rural land administration and use, and organize a national database;

o)ensure the proper execution of functions relating to agricultural research, conservation of biodiversity and the administration of agricultural investment lands entrusted to the federal government on the basis of powers of delegation obtained from regional states.

2/Without prejudice to the provisions of Article 21(2) and Article 26(2) of this Proclamation, the powers and duties given to the Ministry of Agriculture and Rural Development by the provisions of other laws, currently in force, are hereby given to the Ministry of Agriculture.

20. The Ministry of Industry

1/ The Ministry of Industry shall have the powers and duties to:

a)promote the expansion of industry and investment;

b)create conducive conditions for the acceleration of industrial development;

c)provide support to industries considered to be of strategic importance;

d)create enabling environment for domestic and foreign investment;

e)facilitate the provision of efficient one-stop shopping services to investors;

f)ensure that public enterprises are effectively managed and privatized in compliance with the law;

g)encourage the establishment of sectoral and professional associations, and strengthen those already established.

2/The powers and duties given to the Ministry of Trade and Industry by the provisions of other laws, currently in force, with respect to matters relating to industry and investment are hereby given to the Ministry of Industry; provided, however, that the powers given to the Ministry of Trade and industry under Proclamation No. 415/2004, with respect to the administration of the Sugar Development Fund, are hereby given to Public Sugar Development Enterprises Supervising Authority.

21. The Ministry of Trade

1/ The Ministry of Trade shall have the powers and duties to:

a)promote the expansion of domestic trade and take appropriate measures to maintain lawful trade practices;

b)create conducive conditions for the promotion and development of the country’s export trade and extend support to exporters;

c)establish a system that enable to ascertain that export or import goods are sold or bought at the appropriate price; make follow ups in collaboration with the concerned executive bodies, and take measures in accordance with the law against those who export or import by under invoicing;

d)establish foreign trade relations, coordinate trade negotiations, sign and implement trade agreements;

e)establish and follow up the implementation of comprehensive system for the prevention of anti-competitive trade practices; provide protection to consumers in accordance with the law;

f)provide commercial registration and business licensing services, and control the use of business licenses for unauthorized purposes;

g)undertake and submit to the Council of Ministers price studies relating to basic commodities and services that have to be under price control and, upon approval, follow up the implementation of same;

h)establish the legal metrological system of the country, regulate its enforcement and coordinate the concerned regulatory bodies;

i)control the qualities of export and import goods; prohibit the importation and exportation of goods that do not comply with the requirements of the standards, and work in collaboration with the concerned organs;

j)control the compliance of goods and services with the requirements of mandatory Ethiopian standards, and take measure against those found to be below the standards set for them;

k)cause the coordinated enforcement of standards applied by other enforcement bodies, organize and direct implementation review conferences;

l)organize the trade data of the country, and disseminate same to the concerned bodies;

j)encourage the establishment of cooperative societies, including those of consumers, and chambers of commerce and sectoral associations, and strengthen those already established.

2/The powers and duties given to the

Ministry of Trade and Industry by the provisions of other laws, currently in force, with respect to matters relating to trade and to the Ministry of Agriculture, with respect to agricultural marketing, are hereby given to the Ministry of Trade.

22. The Ministry of Science and Technology

The Ministry of Science and Technology shall have the powers and duties to:

1/prepare national science and technology research and development programs based on the country’s development priorities, and upon approval by the government, provide necessary support for their implementation; follow up and evaluate same;

2/in cooperation with the concerned bodies, establish a system for technology need assessment, identification, acquisition, packaging, utilization and disposal, and follow up the implementation of same;

3/register technology transfers made in every sector, coordinate codification and technology capability accumulation efforts, and ensure successive use of same;

4/coordinate science and technology development activities and national research programs; ensure that research activities are conducted in line with the country’s development needs;

5/organize science, technology and innovation data base, compile information, set national standards for information management, prepare and ensure the application of science and technology innovation indicators;

6/facilitate interaction and collaboration among government and private higher education and research institutions and industries with a view to enhance research and technological development;

7/prepare and follow up the implementation of the country’s long-term human resource development plans in the field of science, technology and innovation; cooperate with the concerned organs to ensure that the countries educational curricula focus on the development of science and technology;

8/facilitate capacity building of public and private sector institutions and professionals involved in science and technological activities;

9/establish and implement a system for granting prizes and incentives to individuals and institutions who have contributed to the advancement of science, technology and innovations;

10/establish, coordinate and support councils that facilitate the coordination of research activities;

11/encourage and support professional associations and academies that may contribute to the development of science and technology.

23. The Ministry of Transport

1/ The Ministry of Transport shall have the powers and duties to:

a)promote the expansion of transport services;

b)ensure that the provision of transport services are integrated and are in line with the country’s development strategies;

c)ensure the establishment and implementtation of regulatory frameworks to guarantee the provision of reliable and safe transport services;

d)regulate maritime and transit services;

e)ensure that transport infrastructures are constructed, upgraded and maintained;

f)follow up the activities of the Ethio-Djibouti Railways in accordance with the agreements concluded between the two countries.

2/ The powers and duties given to the Ministry of transport and Communications by the provisions of other laws, currently in force, with respect to matters relating to the transport sector are hereby given to the Ministry of Transport.

24. The Ministry of Communications and Information Technology

1/The Ministry of Communications and Information Technology shall have the powers and duties to:

24. The Ministry of Communications and Information Technology

1/The Ministry of Communications and Information Technology shall have the powers and duties to:

a)promote the expansion of communication services and the development of

information technology;

b)set and implement standards to ensure the provision of quality, reliable and safe communication and information technology services;

c)regulate the rate of telecommunication service charges;

d)license and regulate telecommunication and postal service operators;

e)ensure the technical compatibility of telecommunication equipments;

f)facilitate the creation of institutional capacity for the effective implementation of information technology development policy;

g)assign and monitor government domain names and register addresses to develop and coordinate government institutions’ information system;

h)coordinate all stakeholders for the creation and proper utilization of country code top level domain, and facilitate the proper implementation of same;

i)facilitate the creation of fast and affordable information access;

j)follow up, and provide necessary support for, the implementation of modern information network between and within federal and regional government institutions;

k)ensure mission critical systems and services in public sector are computerized and online services are gradually available to users;

l) ensure the integration and interoperability of operational and forthcoming computer networks and applications;

m)support the coordinated and secured information flow and exchange between government institutions, follow up their proper applications.

2/The powers and duties given to the Ministry of Transport and Communications by the provisions of other laws, currently in force, with respect to matters relating to the communication sector as well as the powers and duties given to the Telecommunication Agency with respect to matters relating to the telecommunication sector are hereby given to the Ministry of Communication and Information Technology.

25. The Ministry of Urban Development and Construction

1/The Ministry of Urban Development and Construction shall have the powers and duties to:

a) undertake studies relating to urbanization, and set criteria for grading urban centers;

b)provide all-round and coordinated support to urban centers to make them development centers capable of influencing their surroundings;

c)provide capacity building support to urban centers for improving their service delivery; and where necessary, organize training and research centers in the field of urban development;

d)in cooperation with regional states, undertake studies for the integration of urban and rural development activities; assist and follow-up the implementation of same;

e)follow up the activities of city administrations accountable to the federal government;

f)undertake studies for setting general directions for urban dwellers to build residential houses compatible with their own means; provide capacity building support to urban centers for the implementation of same;

g)undertake studies for the integration of urban development with poverty reduction activities, and support the implementation of same;

h)promote the expansion of micro and small enterprises;

i)without prejudice to the powers given by law to other organs, set and follow up the compliance of standards for construction works;

j)create conducive conditions for the development of internationally competitive construction industry;

k)provide necessary support in the preparation of designs and contract documents for, and in the supervision of building constructions financed by the federal government;

l)register and issue certificates of professional competence to engineers and architects; determine the grades of contractors and consultants, and issue certificates of competence to those operating in more than one regional states;

m)undertake research for improving the types and qualities of local construction materials;

n)without prejudice to the powers given by law to any other government organ, ensure the proper administration of houses owned by the federal government.

2/The powers and duties given to the Ministry of

Works and Urban Development by the provisions of other laws, currently in force, are hereby given to the Ministry of Urban Development and Construction.

26. TheMinistry of Water and Energy

1/ The Ministry of Water and Energy shall have the powers and duties to:

a) promote the development of water resources and energy;

b)undertake basin studies and determine the country’s ground and surface water resource potential in terms of volume and quality, and facilitate the utilization of same;

c)determine conditions and methods required for the optimum and equitable allocation and utilization of water bodies that flow across or lie between more than one regional states among various uses and the regional states;

d)undertake studies and negotiations of treaties pertaining to the utilization of boundary and trans-boundary water bodies, and follow up the implementation of same;

e)cause the carrying out of study, design and construction works to promote the expansion of medium and large irrigation dams;

f)administer dams and water structures constructed by federal budget unless they are entrusted to the authority of other relevant bodies;

g)in cooperation with the appropriate organs, prescribe quality standards for waters to be used for various purposes;

h)support the expansion of potable water supply coverage; follow up and coordinate the implementation of projects financed by foreign assistance and loans;

i)undertake studies concerning the development and utilization of energy; and promote the growth and expansion of the country’s supply of electric energy;

j)promote the development of alternative energy sources and technologies;

k)set standards for petroleum storage and distribution facilities, and follow up the enforcement of same;

l)issue permits and regulate the construction and operation of water works relating to water bodies referred to in paragraphs (c) and (d) of this sub-article;

m)in cooperation with the appropriate organs, determine the volume of petroleum reserve and ensure that it is maintained;

n)ensure the proper execution of functions relating to meteorological services.

2/The powers and duties given to the Ministry of Water Resources and the Ministry of Mines and Energy, with respect to energy, by the provisions of other laws, currently in force, and with respect to rural electrification, to the Ministry of Agriculture and Rural Development and the Ethiopian Rural Energy Development and Promotion Center under Proclamation No. 317/2003 are hereby given to the Ministry of Water and Energy.

27. The Ministry of Mines

1/The Ministry of Mines shall have the powers and duties to:

a) promote the development of mining;

b) ensure he proper collection, maintenance and accessibility to users of data on minerals;

c)encourage mining investment through facilitating exploration and mining operations;

d)regulate, in cooperation with the concerned organs, the market for precious and ornamental minerals produced at the level of traditional and small-scale mining operations;

e)organize, as may be necessary, research and training centers that may assist the enhancement of the development of mining;

f)issue licenses to private investors engaged in exploration and mining operations, and ensure that they conduct mining operations and meet financial obligations in accordance with their concession agreements.

2/The powers and duties given to the Ministry of Mines and Energy by the provisions of other laws, currently in force, with respect to mines are hereby given to the Ministry of Mines.

28. The Ministry of Education

The Ministry of Education shall have the powers and duties to:

1/ set education and training standards, and ensure the implementation of same;

2/ without prejudice to the generality of sub-article (1) of this Article፡

a)formulate a national qualification framework;

b)formulate a general framework of

curricula for education;

c)set minimum educational qualification requirements for school teachers;

d)set minimum standards for education and training institutions;

3/expand and lead higher education;

4/ensure that quality and relevant education and training have been offered at all level of the educational and training system;

5/prepare and administer national examinations based on the country’s education and training policy and curricula; maintain records and issue certificates of results;

6/develop national technical and vocational education and training strategies and ensure their implementation;

7/ensure that student admissions and placements in public higher education institutions are equitable;

8/publicize national performance in education and training.

29. The Ministry of Health

The Ministry of Health shall have the powers and duties to:

1/formulate the country’s health sector development programme; follow up and evaluate the implementation of same;

2/support the expansion of health services coverage; follow up and coordinate the implementation of health programs financed by foreign assistance and loans;

3/direct, coordinate and follow up implementation of the country’s health information system;

4/devise and follow up the implementation of strategies for the prevention of epidemic and communicable diseases;

5/follow up and coordinate the implementation of national nutrition strategies;

6/take preventive measures in the events of emergency situations that threaten public health, and coordinate measures to be taken by other bodies;

7/ensure adequate supply and proper utilization of essential drugs and medical equipment in the country;

8/prepare the country’s health services coverage map; provide support for the expansion of health infrastructure;

9/supervise the administration of federal hospitals;

10/collaborate with the appropriate bodies in providing quality and relevant health professionals’ trainings within the country;

11/provide appropriate support to promote research activities intended to provide solutions for the country’s health problems and for improving health service delivery;

12/expand health education through various appropriate means;

13/ensure the proper execution of food, medicine and health care regulatory functions.

30. The Ministry of Labour and Social Affairs

The Ministry of Labour and Social Affairs shall have the powers and duties to:

1/ with a view to ensuring the maintenance of industrial peace:

a)encourage and support workers and employers to exercise their rights to organize and collective bargaining;

b)encourage the practice of participating in bilateral forums between workers and employers and tri-partite forums including the government;

c) establish efficient labour dispute settlement mechanisms;

2/issue and follow up the implementation of occupational health and safety standards;

3/create conducive conditions for the provision of efficient and equitable employment services; determine conditions for the issuance of work permit to foreigners, issue such permits and, in cooperation with the relevant bodies, supervise compliance therewith; regulate the provision of foreign employment services to Ethiopians;

4/undertake studies on manpower employed in the formal and informal sectors, unemployed manpower and occupational classifications in the country; collect, compile and disseminate information on labour market;

5/ register workers’ and employers’ unions established at national level;

6/register workers’ unions and collective agreements relating to federal public enterprises situated in cities accountable to the federal government, and carry out labour inspection services in such enterprises; provide conciliation services to amicably settle labour disputes arising between employers and employees;

7/in cooperation with the concerned stakeholders, undertake and facilitate the implementation of studies on ensuring and improving the social well-being of citizens, in particular, on:

a)the creation of enabling conditions for persons with disabilities to benefit from equal opportunities and full participation;

b)the provision of care to the elderly and the encouragement of their participation; c)the prevention of social problems and provision of rehabilitation services to the affected members of the society.

31. The Ministry of Culture and Tourism

The Ministry of Culture and Tourism shall have the powers and duties to:

1/cause the study and preservation of history, cultural heritages and values of the nations, nationalities and peoples of Ethiopia;

2/cause the study of the languages of the nations, nationalities and peoples of Ethiopia and advancement and promotion of their literatures;

3/undertake activities to bring about changes in those cultural attitudes, beliefs and practices hindering social progress;

4/promote the contribution of culture to development;

5/expand cultural institutions to institutionalize public participation in the development of culture;

6/ promote creativity in artistic works and fine arts;

7/create conducive environment for the development of the country’s film industry and theatrical arts;

8/promote widely the country’s tourist attractions and its positive image on the world tourism market, and encourage domestic tourism;

9/ensure that the country’s tourist attractions are identified, properly developed and organized, tourist facilities are expanded, and that local communities share the benefits derived from tourism;

10/facilitate the studying and preservation of the country’s natural heritages and the development and utilization of them as tourist attractions; ensure the proper management of wildlife conservation areas designated to be administered by the federal government;

11/set and supervise the enforcement of standards for tourist facilities;

12/serve as a focal point for forums established to facilitate the coordination of the multi-sectoral efforts required for the provision of quality tourist services and for ensuring the well-being of tourists;

13/build the capacity of the tourism sector through the provision of human resource training and consultancy supports;

14/collect, compile and disseminate information on culture and tourism.

32. The Ministry of Women, Children and Youth Affairs

The Ministry of Women, Children and Youth Affairs shall have the powers and duties to:

1/create awareness and movement on the question of women, children and youth;

2/collect, compile and disseminate to all stakeholders information on the objective realities faced by women, children and youth;

/ensure that opportunities are created for women and the youth to actively participate in political, economic and social affairs of the country;

4/encourage and support women and the youth to be organized, based on their free will and needs, with a view to defending their rights and solving their problems;

5/design strategies to follow up and evaluate the preparation of policies, legislations, development programs and projects by federal government organs to ensure that they give due considerations to women and youth issues;

6/undertake studies to identify discriminatory practices affecting women, facilitate the creation of conditions for the elimination of such practices, and follow up their implementation;

7/device means for the proper application of women’s right to affirmative actions guaranteed at the national level and follow the implementation of same;

8/ensure that due attention is given to select women for decision-making positions in various government organs;

9/ coordinate all stakeholders to protect the rights and well-being of children;

10/follow up the implementation of treaties relating to women and children and submit reports to the concerned bodies.

33. Other Federal Government Executive Organs

1/Without prejudice to the amendments made under the provisions of the following sub-articles with regard to accountability, other federal government executive organs shall continue to function in accordance with the legislations establishing them.

2/The following executive organs shall be accountable to the Prime Minister:

a)the National Intelligence and Security Service;

b)the Ethiopian Broadcast Authority.

3/ The following executive organs shall be accountable to the Ministry of Federal Affairs:

a) the Ethiopian Mine Action Office;

b) the Charities and Societies Agency.

4/ The following executive organs shall be accountable to the Ministry of Finance and Economic Development:

a)the Central Statistics Agency;

b)the Ethiopian Mapping Agency;

c)the Board of Trustee for Public Enterprises.

5/ The following executive organs shall be accountable to the Ministry of Agriculture:

a)the Ethiopian Institute of Agricultural Research;

b)the Institute of Biodiversity Conservation;

c)the Ethiopian Meat and Dairy Technology Institute;

d)the Ethiopian Horticulture Development Agency;

e)the National Disaster Prevention and Preparedness Fund Office;

f) the Emergency Food Security Reserve Administration.

6/ The following executive organs shall be accountable to the Ministry of Industry:

a)the Ethiopian Investment Agency;

b)the Privatization and Public Enterprises Supervising Agency;

c) the Textile Industry Develop- ment Institute;

d)the Leather Industry Development Institute;

e)the Metals Industry Development Institute.

7/ The following executive organs shall be accountable to the Ministry of Trade:

a)the Ethiopian Commodity Exchange Authority;

b)the Ethiopia Commodity Exchange;

c) the Trade Practice and Consumer Protection Authority;

d) the Cooperatives Agency.

8/The following executive organs shall be accountable to the Ministry of Science and Technology:

a) the Ethiopian Radiation Protection Authority;

b) the Ethiopian Intellectual Property Office.

9/ The following executive organs shall be accountable to the Ministry of Transport:

a)the Transport Authority;

b)the Ethiopian Roads Authority;

c)the Ethiopian Civil Aviation Authority;

d)the Maritime Affairs Authority;

e)the Road Fund Office.

10/ The following executive organs shall be accountable to the Ministry of Urban Development and Construction:

a)the Agency for Government Houses;

b)the Federal Micro and Small Enterprises Development Agency.

11/The following executive organs shall be accountable to the Ministry of Water and Energy:

a)the Awash Basin Authority;

b)the Abay Basin Authority;

c)the National Meteorology Agency;

d) the Water Resources Development Fund Office

e) the Ethiopian Electricity Agency; f) the National Petroleum Reserve Depots Administration.

12/ The following executive organs shall be accountable to the Ministry of Culture and Tourism:

a) the Authority for Research and Conservation of Cultural Heritage;

b)the National Archives and Library Agency;

c)the National Theatre;

d)the Ethiopian Conference Center.

13/ The Justice and Legal System Research Institute shall be accountable to the Ministry of Justice

14/The Ethiopian Civil Service College shall be accountable to the Ministry of Civil Service.

15/The Ethiopian Geological Survey shall be accountable to the Ministry of Mines.

16/The HIV/AIDS Prevention and

Control Office shall be accountable to the Ministry of Health.

17/The Social Security Agency shall be accountable to the Ministry of Labour and Social Affairs.

18/The Women’s Development Fund

Office shall be accountable to the Ministry of Women, Children and Youth Affairs.

34. Re-organization of Federal Government Executive Organs

The Council of Ministers is hereby empowered, where it finds it necessary, to reorganize the federal government executive organs by issuing regulations for the closure, merger or division of an existing executive organ or for change of its accountability or mandates or for the establishment of a new one.

PART FOUR MISCELLANEOUS PROVISIONS

35. Repeal Laws

1/ The following legislations are hereby repealed:

a)the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 471/2005 (as amended);

b)the Federal Civil Service Commission Establishment Proclamation No. 8/1995 (as amended by Proclamation No. 471/2005);

c)the Ethiopian information Communication Development Agency Establishment Proclamation No. 360/2003 (as amended by Proclamation No. 471/2005);

d)from Article 3 to Article 9 of the Telecommunications Proclamation No. 49/1996;

e)the Ethiopian Rural Energy Development and Promotion Center Establishment Proclamation No. 269/2002.

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

36. Transfer of Rights and Obligations

1/The rights and obligations of the Ministry of Capacity Building and the Federal Civil Service Agency are hereby transferred to the Ministry of Civil Service.

2/The rights and obligations of the Ministry of Agriculture and Rural Development are hereby transferred to the Ministry of Agriculture.

3/The rights and obligations of the Ministry of Trade and Industry relating to the trade sector are hereby transferred to the Ministry of Trade.

4/The rights and obligations of the Ministry of Trade and Industry other than those relating to the trade sector are hereby transferred to the Ministry of Industry.

5/The rights and obligations of the Ministry of Transport and Communications relating to the communication sector as well as the rights and obligations of the Telecommunications Agency established under Proclamation No. 49/1996 and the Ethiopian Information Communication Development Agency established under Proclamation No. 360/2003 are hereby transferred to the Ministry of Communications and Information Technology.

6/The rights and obligations of the Ministry of Transport and Communications other than those relating to the communication sector are hereby transferred to the Ministry of Transport.

7/The rights and obligations of the Ministry of Works and Urban Development are hereby transferred to the Ministry of Urban Development and Construction.

8/The rights and obligations of the Ministry of Water Resources, the rights and obligations of the Ministry of Mines and Energy relating to the energy sector and the rights and obligations of the Ethiopian Rural Energy Development and Promotion Center established under Proclamation No. 269/2002 are hereby transferred to the Ministry of Water and Energy.

9/The rights and obligations of the Ministry of Mines and Energy relating to the mining sector are hereby transferred to the Ministry of Mines.

10/The rights and obligations of the Ministry of Women Affairs and the Ministry of Youth and Sports relating to youth affairs are hereby transferred to the Ministry of Women, Children and Youth Affairs.

37. Transitory Provision

Organs responsible for leading the implementation of ongoing capacity building programs shall be designated by the Council of Ministers.

38. Effective Date

This Proclamation shall come into force a year after its publication in the Federal Negarit Gazeta..

Done at Addis Ababa, this 27th day of October, 2010

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

Categories: Legislation

Tagged as: council of ministers, Ethiopian administrative law, Ethiopian government, executive, Federal Democratic Republic of Ethiopia, Ministry, prime minister