Ethiopian Federal Laws



Title: Reconciliation commission establishment
Proclamation No.: 1102/2018
Jurisdiction: Federal
Law Type: Proclamation
Country: Ethiopia 🇪🇹

Format: PDF (Amharic and English) | Text (English)


A PROCLAMATION TO ESTABLISH RECONCILIATION COMMISSION

WHEREAS, it is necessary to reconcile based on truth and justice the disagreement that developed among peoples of Ethiopia for years because of different societal and political conflict;

WHEREAS, it is necessary to identify and ascertain the nature, cause and dimension of the repeated gross violation of human rights so as to fully respect and implement basic human rights recognized under the Constitution of the Federal Democratic Republic of Ethiopia and international and continental agreements which Ethiopia ratified and since it is important for the reconciliation;

WHEREAS, it is believed that providing victims of gross human rights abuses in different times and historical events with a forum to be heard and perpetrators to disclose and confess their actions as a way of reconciliation and to achieve lasting peace;

WHEREAS, it is necessary to establish a free and independent institution that inquires and discloses the truth of the sources, causes, and extent of conflicts and that takes appropriate measures and initiates recommendations that enable lasting peace and prevent the future occurrence of such conflict;

NOW, THEREFORE, 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 “Reconciliation commission establishment Proclamation No.1102 /2018.”

2. Definition

Unless the Context requires otherwise, in this Proclamation:

  1. "Region" means any of those recognized as a Region under Article 47 (1) of the Constitution of the Federal Democratic Republic of Ethiopia and include the Addis Ababa City Administration and the Dire Dawa city Administration.
  2. "Government" mean the Federal or a Regional Government.
  3. "Reconciliation" means establishing values of forgiveness for the past, lasting love, solidarity and mutual understanding by identifying reasons of conflict, animosity that are occurred due to conflicts, misapprehension, developed disagreement and revenge.
  4. "Person” shall mean any physical or juridical person.

3. Establishment

  1. The Reconciliation Commission (hereinafter referred to as” The Commission“) is hereby established by this Proclamation.
  2. The Commission shall have its own office, budget and necessary staff.
  3. Office of the Commission shall have legal personality.
  4. The Commission shall be accountable to the Prime Minister.

4. Appointment of members of the Commission

  1. Number of members of the commission shall be determined by the government.
  2. Chairperson, Deputy Chairperson and other Members of the Commission shall, up on recommendation by the Prime Minister appointed by the House Of People’s Representative.
  3. The Head Of The Office serve as the Commission’s Secretariat.

5. Objectives of the Commission

Objective of the Commission is to maintain peace justice, national unity and consensus and also Reconciliation among Ethiopian Peoples.

6. Powers and Duties of the Commission

The Commission shall have the following Powers and Duties:

  1. Concerning its work announce and make every concerned person or body to present his idea and the necessary registration.
  2. Make its work accessible, participatory by using technology; organize Reconciliation workshop in which all parties to be heard of.
  3. Identify principles and values which will be base for national Reconciliation by making discussion with groups of society which have different view.
  4. Make examination to identify the basic reasons of disputes and violations of human rights by taking into consideration of political, social and economic circumstances and the view of victims and offenders.
  5. To take or order presence of any document or information from government or anybody which the commission deemed necessary for its work except those that are given legal protection as confidential for the sake of national security.
  6. To visit premise of any institutions and to take copy of any information and document found by its visit.
  7. To collect information make interview either individually or in a group in secret or in an open way to the public; order the presence of anyone through summon and require to give his statement through oath.
  8. Depending on the situations to get support from federal or regional state police to execute its duties.
  9. Notify to the public and concerned government organs the conclusions reached through the examination as appropriate.
  10. Make Reconciliation among peoples to narrow the difference created and to create consensus.

7. 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 where 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 of procedure.

8. Powers and duties of the chairperson of the commission

  1. Direct the general activities of the commission.
  2. Assign the necessary supportive staff to the commission.
  3. Make relation with third parties representing the Commission.

9. Powers and Duties of the Deputy Chairperson of the Commission

  1. Perform the activity of the chairperson in his absence.
  2. Perform other activity given to him by the Chairperson.

10. Organization of the Office

  1. Head appointed by the Chairperson Of The Commission.
  2. The necessary staff.
  3. The head office of Commission shall be in Addis Ababa and may have branch offices at regions, as may be necessary.

11. Powers and Duties of the Office

  1. Render general financial and administrative service to the Commission.
  2. Provide logistics support to the Commission on public participation and discussion forum.
  3. Register and keep minutes, decisions and other documents.
  4. To give necessary support and assistance to facilitate activities of the commission.

12. Powers and Duties of the Head of the Office

  1. Direct and administer the activities of the Office.
  2. Prepare the work programs and budgets of the Commission and implement same upon approval.
  3. Represent the Office in all dealings with third parties.

13. Independency of the Commission

The Commission shall perform its activities freely and independently.

14. Terms of the Commission

  1. Terms of the Commission shall be up to three years.
  2. Without prejudice to Sub-Article 1 of this article, term of the Commission may be prolonged as may be necessary.

15. Duty to Cooperate

Any person shall have an obligation to cooperate with the Commission for any legal questions requested by the Commission to enable to Commission undertake its responsibility provided under this Proclamation.

16. Budget

The budget of the Commission shall be allocated by Government.

17. Books of Accounts

  1. The Commission shall keep complete and accurate books of accounts.
  2. The books of accounts and financial documents of the Commission shall be Audited annually by the Auditor General or by auditors designated by him.

18. Protection of Witnesses and Whistle-blowers

  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 and evidence up on him.
  2. The provisions of the laws for the protection of the witnesses and whistle-blowers shall apply to those who have provided testimonies and evidences to the Commission.

19. Power to Issue Regulation and Directive

  1. Council of Ministers may issue Regulations necessary for the effective implementation of this Proclamation.
  2. The Commission may issue Directives necessary for the effective implementation of This Proclamation and Regulations issued under Sub Article 1 of this Article.

20. Effective Date

This Proclamation shall come into force as of the 25th day of December 2018 of its ratification by the House of Peoples Representatives.

Done at Addis Ababa, 5th, Day Of February 2019,

SAHLEWORK ZEWEDIE
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA





Output copied to clipboard!