WHEREAS, it is necessary to establish a curriculum with good standards and set out criteria thereof to enable Higher Education Institution to produce competent and skilled human resource;
WHEREAS, it is essential to provide for the necessary legal framework so that the research conducted at such institutions shall be problem solving and directed towards the effective utilization of the potential resources of the country;
WHEREAS, it is necessary to regulate the administration of private Higher Education Institutions and to maximize their role in the promotion of Higher Education and research;
NOW, THEREFORE, in accordance with article 55(1) of the constitution of the Federal Democratic Republic of Ethiopia it is hereby proclaimed as follows:
PROCLAMATION NO. 351/2003
SECTION ONE GENERAL 1. Short Title
This Proclamation may cited as: “Ethiopian Higher Education Proclamation No. 351/2003”
Unless the context requires otherwise, for the purposes of this Proclamation: -
1/ “Higher Education ” means education and training programs as indicated in article 5 of this proclamation, given to students who have successfully completed post secondary education.
2/ “Government institution” means a university, university college, college or institution offering higher education with budget allocated from the federal or regional governments, as the case may be.
3/ “Private institution” means private university, university college, college, or institute the owner of which is a physical person, a partnership, co-operative or a company or any other juridical person other than the state.
4/ “Institution” means a private and/or public institution of higher education and training.
5/ “Institution head” means as the case may be,
(a) a university president,
(b) a university college president
(c) a college dean, or
(d) an institution director or dean.
6/ “Institution vice-head” means as the case may be,
(a) a university vice president,
(b) a university college vice president
(c) a college vice dean,
(d) an institution deputy director or vice dean.
7/ “Academic staff” means an academic staff employed by a higher education institution to devote 75% of his/her time to teaching and 25% of his/her time to research or employed in research centers of the institution and devote 75% of his/her time to research an 25% of his/her time to teaching.
8/ “Government” means the Government of the Federal Democratic Republic of Ethiopia
9/ “Regional Government” means the Government of the Regional State as specified in Art. 47 of the Constitution of the Federal Democratic Republic of Ethiopia including Addis Ababa and Dire-Dawa City Administrations.
10/ “Minister” and Ministry” means the Minister of Education and the Ministry of Education, respectively
11/ “Person” means natural or juridical person.
3. Scope of Application
1/ This Proclamation shall to any institutions.
2/ Without prejudice to Sub-Article 1 of this Article, this Proclamation shall not
apply to institutions of higher education which are under religious institutions and whose objectives are religious and whose curricula are not secular.
GENERAL PROVISIONS APPLICABLE TO ALL INSTITUTIONS
INSTITUTIONAL STATUS, REQUIREMENTS AND AUTONOMY
4. Institutional Status
1/ Any Institution may have:
a) A University;
b) A University College;
c) A College or a junior college; or
d) An Institute
2/ Without prejudice to the provisions of sub-article 1 of this article, an institution may have under it two or more institutions with different status.
5. Levels of Training or Curricula
The Organization of a curricula in any institution shall have programs leading to:-
2/ First degree;
3/ Medical Specialty Certificate; or Master’s degree; or
4/ Doctoral (Ph.D.) degree.
6. Objectives of higher Education
Higher Education of Ethiopia shall have the following objectives:-
1/ Produce, in the required number and quality, skilled man power that may serve the country in different profession.
2/ Expand higher education and services that are free from any kind of discrimination on the basis of ethnicity, sex, politics, religion or other grounds.
3/ Provide equitable distribution of higher education.
4/ Put in place efficient and effective educational and institutional system that enables to utilize resource of the country.
5/ Provide higher education and social services that are compatible with the needs and development of the society.
6/ Establish an institutional mechanism that ensures the accountability of the institutions.
7/ Ensure the participation of all those concerned bodies in administrative decision making creating and promoting participatory and democratic culture.
8/ Make effort to enhance tolerance respect and culture of living together among people.
7. Autonomy of Institutions
1/ Subject to limitations provided by other laws, any institution shall have administrative autonomy.
2/ Any Institution shall have autonomy in:-
a) Human resource management and administration of personnel including recruitment and employment;
b) Financial administration;
c) Subject to approval by the appropriate body, setting their organizational structure;
d) Establishing relations with local and international counterparts.
3/ Subject to limitations provided by other laws, any institution shall have academic autonomy.
1/ Institutions under the Ministry or Federal Government shall be established
by Regulations of Council of the Council Ministers.
2/ Institutions under the Regional Government shall be established by Regional
3/ Private institutions shall be established, in accordance with laws of
associations, commercial law, cooperatives or other relevant laws.
9. Educational Programs
1/ The higher education given in any institution may be delivered in:-
b) continuing, or
c) distance learning.
2/ An Institution may organize short-term courses for qualification upgrading or for imparting knowledge and skill in specific fields.
10. Language of Instruction
1/ The language or medium of instruction in any institutions, except in cases of language studies, shall be English.
2/ Short term training may be given in any appropriate language.
3/ With out presides to Sub-Article (1) of this Article, deaf students can be learn with sign.
11. Fiscal Year
1/ The fiscal year of any institute shall be the fiscal year of the Government.
2/ Without prejudice to sub-article (1) of this article, any private institution may have its own fiscal year.
12. Information Communication
1/ There shall be a system facilitating networking and exchange of information between private and government, among privates, and among government institutions as well as among various units of an institution.
2/ Any institution has a duty to provide for assistance to access to information for academic and research purposes to staff and student of another institution.
13. Curricula Content
Education and training conducted at any institution shall be practice oriented, student centered and participatory, relevant to the country’s situation, encourage freedom of thinking, and enlighten modern practices as well as problem solving.
14. Powers and duties
Any institution shall have the following powers and duties:
1/ to develop programs and carry out higher education;
2/ to produce trained and quality manpower sufficient in number to meet the needs of the Country;
3/ to undertake research and studies and studies and to disseminate findings;
4/ to provide appropriate services to the community;
5/ to give and exchange information and cooperate with different bodies including institutions for their common good;
6/ to issue any academic diploma including degrees, earned or honorary, permitted for it;
7/ to confer institutional medals, prizes and such other awards for excellence, meritorious contributions or achievements;
8/ to cooperate with and assist the institutions responsible for primary and secondary education;
9/ to encourage studies and research in priority areas.
15. Studies and Research Directions
1/ Any institution shall, in consultation with relevant bodies, establish priorities of research areas based on the needs of the country.
2/ Any institution shall undertake research that:-
a) Takes into account the needs of the country and help acquire;
b) Provides for students and trainees basic knowledge that enables them to undertake practical studies and researches;
16. Organization of Research
Particulars on the organization, management and administration necessary to conduct study and research shall be determined by bylaws or by the law establishing the institution shall set appropriate structure to conduct joint research projects with such bodies as institutions, scientific and research organizations.
17. Financing of Research and its utilization
1/ Any Institution shall allocate funds for research works and shall ensure that the fund is spent on the same.
2/ Without prejudice to the provisions of sub article (1) of this Article, any institution can use resources from non-government sources in order to conduct research in the priority areas.
18. Criteria for a status of a University
The name and status of an institution established as University shall be designated “ as University” by the Ministry and shall fulfill the following: -
1/ have the capacity to accept fulltime regular students not be less than 2000;
2/ have at least a four consecutive years degree level graduation record after being accredited as a college or university college or institute;
3/ be such that it offers degree level or higher education and training in different fields and/or specialization with minimum three faculties (having schools, colleges and/or teaching/ research institute;
4/ have well recognized and published research outputs and has put in place modes of dissemination of findings;
5/ be such that it possesses such physical teaching and research facilities as class rooms, workshops, laboratories and libraries; and
6/ fulfill the minimum requirements of standards set by the Ministry.
19. Criteria for a status of a University College
The name and status of an institution established as a University College shall be designated as “University College” by the owner; and subject to Sub Article 1,4,5 and 6 of Article 18 of this Proclamation.
1/ have at least a three consecutive years graduation record after being accredited as a college or institute giving degree programs;
2/ shall be such that it offers education and training in different fields and/or specializations in at least three faculties schools, colleges and/or teaching/research institute.
20. Criteria for Status of College or Junior college
The name and status of an institution established or upgraded as college or junior college shall be designated as “College” or “Junior college” and by the owner and subject to Sub Articles 5 and 6 of Article 18 of this Proclamation provide higher education in diploma or degree programmes in at least one faculty.
21. Criteria for a Status of Institute
The name and status of an institution established as an institute shall be designated as “institute” by the owner and, subject to Sub-Article 5 and 6 of Article 18 of this Proclamation, shall:
1/ give education and training in at least one special program.
2/ have a capacity in this special programme to offer degree additional diploma level education.
22. Categories of Staff
Any institution shall have: -
1/ Academic staff;
2/ Technical support staff; and
3/ Administrative support staff
23. The Academic Staff
1/ Any institution may have the following academic staff
e) Professors, Associate Professors, Assistant Professors, Lecturers, Assistant Lecturers, and graduate assistants employed for teaching and research; and
f) Such other employees as the senate of the concerned institution of higher learning may designate as academic staff.
2/ Tenure and job opportunities on permanent bases may be taken as proof of efficiency.
24. Joint Appointment of Academic Staff
1/ Notwithstanding the provisions of this Proclamation or other law, academic staff may be employed jointly for two or more governmental institutions or for governmental and private institutions or for two or more private institutions or for an institution and public body or for an institution and an individual.
2/ Without prejudice to the provisions of this Proclamation and any other law or directive issued their under, the working hours, leaves and other working conditions shall be governed by the agreements of the two appointing bodies.
3/ Any joint employer organization shall allow the working time of the employee to be used by the other joint employer.
4/ Subject to the provisions of Sub-Article 2 of this Article, the Ministry shall issue detailed directives on joint appointment of academic staff.
25. The Technical Support Staff
Any institution may have the following technical support staff: -
1/ Laboratory technicians;
2/ Research assistants; and
3/ Technical assistants.
26. The Administrative Support Staff
Any institution shall have the necessary administrative support staff who are outside from the academic and technical administrative staff.
27. Rights of Academic Staff
Subject to the provision of this proclamation and other laws, an academic staff of the institution shall have the following rights:
1/ exercise his rights provided by law;
2/ give opinions or suggestions on the relevance and quality of the teaching and learning process;
3/ be entitled to promotions and benefits after having fulfilled all requirements set for that purpose;
4/ be assigned to various positions of responsibilities and entitled additional education and training in accordance with the law;
5/ not to held responsible for his personal belief or outlook;
6/ in accordance with the internal rules or regulations of the institution, render community and consultancy services; and be entitled to take research and sabbatical leaves to conduct research on matters beneficial to the institution as well as to the country.
28. Duties/responsibilities of Academic Staff
Without prejudice to the provisions of this Proclamation and other relevant laws, an academic staff of an institution shall have obligation:
1/ To produce graduates who are competent and qualified, and with cultivated democratic culture;
2/ To devote fully his time and energy to transfer knowledge and skills to the students;
3/ Without prejudice to Sub-Articles 1 and 2 of this Article, and academic staff of an institution shall:
a) Provide service and teach to the required level in accordance with the internal regulation of the institution;
b) Undertake problem solving studies and research that benefit the country;
c) Not to promote political partisanship, not to preach religion, not to impose his beliefs and attitudes on the community of the institution and on students in teaching places and classrooms;
d) Advice and counsel students and assist and guide them in line with the goals and objectives of the institutions;
e) Participate in the affairs of the institution and serve the public;
f) Work in teams and respect ideas of his fellow faculty and students;
g) Give appropriate attention and support to students in need of special assistance, in accordance with internal regulation;
h) Prepare a program of study and research that will enable him or her to improve his capacity and benefit the institution and carry out research related to his/her area of specialization;
i) Give his full capacity and attention to the institution; and provide services for another institution as may be necessary upon the request of the employing institution;
j) Be evaluated, with respect to his performance and service delivery, by management and students,
k) Participate in teaching, consultancy and other income generating activity of the institution.
4/ Details about rights, duties and responsibilities of academic staff shall be provided in the instruments of establishment of the institutions.
STUDENTS OF THE INSTITUTION
29. Rights of Students of Institutions of Higher Education
Subject to the provisions of this Proclamation, Article of association of the institution, other relevant laws, Students in and institutions shall have the following rights .
1/ To learn, enquire, understand and know;
2/ To get service from the institutions as provided by law;
3/ To enjoy the proper use of the facilities of the institution;
4/ To evaluate teachers in relation to courses and trainings;
5/ To be represented in appropriate administrative organs and committees of the institution as may be specified in the constitution of the institution;
6/ To give suggestions in the preparation of administrative and other by laws and regulation;
7/ To give suggestions in the review and development of curricula.
30. Duties of Students of Institutions of Higher Education
1/ Without prejudice the provisions of this proclamation and other relevant laws, students of institutions have the following duties:
g) To be present in lecture halls and attend lectures in accordance with the prescribed schedule;
h) To respect citizens’ rights recognized by law;
i) To observe rules and procedures of the institution;
j) To properly use and care for the property of institution;
k) To refrain from developing unethical and unlawful attitude and activity;
l) Share the costs incurred to provide education and training of the institutions of higher education.
2/ Students shall be responsible under appropriate laws for damages they caused to the property of the institutions.
31. Admission of Students
Without prejudice to the provisions of this proclamation and other relevant laws regarding the criteria of admission of students, any institution with the required level shall:
1/ Admit, for under graduate studies, students who have completed Ethiopian High School Preparatory Education or foreign high school education whose level of equivalence may be determined by the Ministry and met the admission criteria of the institutions.
2/ Admit, for post graduate studies, students who have completed their under graduate studies and met the criteria set by the institution.
3/ There will be special setup for the
32. Evaluation of Students
1/ Any institution shall design an evaluation that enables to assess the ability and knowledge of their students.
2/ The methods of evaluation designed in accordance with Sub. Article (1) of this Article shall be based on curricula and syllabi of each course.
3/ The mode of evaluation shall be decided by the institution .
33. Special Support
1/ Admission criteria or manner of acceptance set for female students, students with disabilities or students who have completed their high school education in a developing region may be different from others. They shall, during their stay in the institution, receive special support and assistance the details which may be determined by the Ministry.
2/ Adult students shall also receive special support and assistance the details of which may be determined by the ministry.
3/ Land shall be allocated in accordance with an applicable laws and policies, to an institution which intended to conduct higher education.
34. Organizational Structure of a Government Institution
1/ Without prejudice to the provisions of the Proclamation, any government institution shall have:
m) Administrative board (herein after referred as “Board”).
o) Offices and other departments relevant organs.
p) Academic, technical support and administrative staff necessary for the work of the institution.
2/ Any Government Institution shall, in its academic wing, have:
c) Faculties, and/or
d) Research institutes.
3/ Each faculty, college or school of a government institute shall have an academic commission composed of the dean, vice deans, heads of departments, student representatives, members of the academic staff to be elected by an assembly of the fulltime teaching staff and other office holders. The powers and duties of the Commission and its meeting procedure shall be determined by the establishing law of the institution or the internal regulation of the senate.
4/ Under each department government institution shall have a department assembly constituted by all full-time academic staff members of the department. The powers, duties, and modalities of operation of academic commissions and departmental assemblies shall be determined by the establishing laws of the institute and the internal regulation of the senate.
35. Powers and duties of the Board
The board being accountable to the Ministry, or with concerned Regional Government shall have the following powers and duties:
1/ Responsible for the administration of government institutions;
2/ Identify candidate head and vice head of the government institutions and propose to the government for appointment;
3/ Without prejudice to the application of other relevant laws, take disciplinary action against individuals who fail to discharge their academic duties or embezzles government fund;
4/ Approve, subject to provisions in the proclamation, policies, organization, administration and internal regulation of the government institution;
5/ Submit plan of action, budget and activity report prepared by the head of the government institution to the government and upon approval, follow its implementation;
6/ Appoint, pursuant to the relevant law, auditor(s) to have the accounts of the government into their audited and determine remuneration paid to them;
7/ Issue, within the limits of principles of the Federal Civil Service law, policies on the employment, promotion, discipline, wages, salary, allowance of the employees of the institution.
8/ To instruct the head of the government institution to submit statement indicating the financial position of the institution.
9/ Adopt strategic and development plans of the government institution.
10/ Ensure the due implementation of the objectives of the government institution, and oversee that the same operates in accordance with principles of transparency and accountability.
11/ Submit proposal for the amendment of the law establishing government institution.
12/ Examine and give final administrative decision on grievances presented against the decision of the governmental institution or its organs; particulars shall be determined by internal regulations of the institution.
13/ Approve, whenever necessary, agreements on educational matters made between the government institution and other high education institutions locally or abroad.
14/ Determines the emblem of the government institution.
15/ Issue its own rules and procedures.
16/ Approves a title professorship.
17/ Determines subject to the provisions of this proclamation fees to be charged by the government institution.
18/ Perform such other relevant activities to realize the objectives of the institutions as per provisions of the law establishing the institutions.
36. Board Members
1/ The board shall have a chairperson designated by the Ministry and other members whose number and bodies they represent to be determined by the establishing law of the institution.
2/ Without prejudice to the provisions of Sub-Article (1) of this Article, members of the board of government institution shall be composed of among others, representatives from the federal government, state government in which the institution operates, stakeholders, other notable personalities and the management of the institution.
37. Powers and Duties of Senate
The senate, being accountable to the head of the institution, shall have, in addition to those given under the establishing law, the following powers and duties:
1/ To determine academic calendar of the government institution;
2/ To establish and maintain within governmental institution such programs and courses of instruction as it may deem necessary;
3/ Upon the recommendation of faculties, separately or jointly, to approve plans of studies for acquiring degrees and diplomas, and decide on the conferring and depriving of diplomas;
4/ Upon the recommendation of departments, faculties and/or colleges to confer honorary degrees and other awards;
5/ Examine and approve, recommendation, forwarded by head of the government institutions on the establishment, merger and dissolution of faculties, colleges and departments;
6/ To provide senior academic promotions below professorship;
7/ To determine type and amount of service charges other than tuition fees and charges to be paid to the governmental institution;
8/ To prepare and submit to the board the strategic and development plans of the institute through the head of the same;
9/ To issue directives on the basis of laws and policies set forth by the board particularly on matters of student administration, academic matters, employment, promotion, benefits and disciplinary actions of the Academic staff and election procedures for academic leaders,
10/ To determine its own rules and procedures of meetings;
11/ To perform such other appropriate duties given by the board.
38. Senate Members
Membership of the senate shall be determined in the laws establishing the government institution and shall particularly include:
1/ President of the Academic Chairperson
2) Vice presidents for academic affairs,……………………. Members
3) Deans of faculties,(if any),……………………………….. “
4) Registrar, …………………………………………………. ”
5) Head librarian,…………………………………………….. ”
6) Dean of students…………………………………………… ”
7) Two academic staff representative(s)……………………… ”
8) Two Student representative………………………………… “
9) Woman’s Affars Representative …………………………… “
10) Other heads appointed by the board………………………… ”
39. Appointment of Head And Vice Heads of Government
1/ The head and vice heads of government institutions shall be appointed by the government upon recommendation of the board;
2/ Candidate head and vice heads for government institution shall have well-certified academic and managerial merit;
3/ Details of criteria, conditions for competition and procedures shall be set in the law establishing the institution;
4/ The number of vice heads of on government institution shall be provided in the law establishing the institution.
40. Powers and Duties of the Head of a Government Institution
The head of a government institution shall be executive manager of the institution and shall, in addition to specified under the establishing the institution, have the following powers and duties:
1/ To administer the government institution, organize its internal organizational structure; prepare policies, and internal regulations; and submit to the board;
2/ To execute or cause to execute policies, directives, decision and orders issued or passed either by the board or by the institution;
3/ To establish, contact in consultation with the appropriate organs or academic units and to make and/or approve agreements with other relevant institutions either national or foreign as he deems it necessary for the realization of the objective of the government institution;
4/ To prepare annual plan of action, budget and activity report to the board, and if necessary to the Ministry and to implement upon approval by the government;
5/ To utilize the income of the institution to fulfill the objectives of the institution;
6/ To decide on disciplinary cases initiated against student or employees of the institution;
7/ To submit quarterly and annual report on the activities of the institution to the board;
8/ To decide on maters relating to employment, disciplinary measures, salary, benefits and incentives of the non-academic staff in accordance with the principles of the laws of the Federal Civil Service and the policy issued by the board;
9/ To prepare the strategic and development plan of the government institutions and to submit to the board on the basis of the recommendations by the senate;
10/ To represent the institution in all its dealings with third parties;
11/ To open and operate bank accounts in the name of the institution;
12/ To delegate, as may be necessary, its powers to other employees of the institution;
13/ To perform such other activities as may be assigned to him/her by the board.
41. Powers and Duties of the Vice Heads of Government Institutions
The Vice head and in the case of Sub Article 2 of this Article, the educational affairs vice head of the government institution shall, in addition to those provided under the law establishing the institution, have the following powers and duties:
1/ To consult and assist the head regarding the powers and duties of the institution;
2/ To direct and coordinate the activities of the institution in the case where the head is absent;
3/ To carry out such other duties and activities as assigned by the board, senate or the head;
42. Term of Office of the Head and Vice Heads
Subject to the provision of law establishing the institution, the term of office of the head and vice head of the government institution shall be five years.
43. Autonomy of organs of the Institution
1/ Colleges, institutes, departments, or schools under the government institution shall have autonomy on such and similar matters as administration and finance the details of which is determined by laws establishing the institution.
2/ Such and similar issues as the organization, administration and appointment of the heads of departments, faculties, institutes, colleges or schools under government institutions shall be determined by the law establishing the institution.
DIVISION MERGER OF PUBLIC INSTITUTION
a. Division or Merger of Public Institutions
1/ The Ministry may, upon finding it necessary for the realization of the objective of the institution, and upon the written request of the board of the concerned institution and in consultation with the Agency decide:
a) Division of a government institution into two or more government institutions;
b) Merger of the same with private institutions or another government institution.
2/ The board shall, prior to presenting the request for merger or division as provided in Sub-Article 1 of this Article, consult with the head and vice heads, staff, students and other stakeholder of the institution and submit its findings to the Ministry.
The Ministry shall:
1/ Give written notice of the intended merger or division to the concerned
government or private institution;
2/ Cause to publish, 21 days prior to the merger or division, a notice about the intended merger or division of a government or private institution by the local newspaper of the place where the head office of such institution is situated or by newspaper having nation wide circulation.
46. Transfer of Rights and Duties
1/ Where a government institutions is divided into two or more institutions pursuant to Article 44(1)(a) of this proclamation; its rights and duties shall be transferred to the new institution or institutions, except those that are lost due to the division. The extent of rights and duties transferred from the existing to the new institutions shall be determined by the Council of Ministers.
2/ The rights and duties of an institution merged in accordance with Article 44(1) (b) of this Proclamation shall be transferred to the new institution.
3/ The divided or merged government institutions shall loose their personality upon the establishment of the new institution by law.
47. Rights of Creditors
1/ Subject to the provisions of other relevant laws, the creditor of an institution or institutions that are merged or is divided shall be the creditors of the institution emerged due to the merger or to the institutions, emerged due to the division.
2/ Where a private institution merges with a government institution, Article 550-554 of the Commercial Code shall apply.
INCOME GENERATING AND INCOME FUND
An income generating enterprise (referred to as “enterprise” hereinafter) may be established upon the request of the instate and approval of the board in any governmental institution.
49. Source of income
1/ The initial capital necessary for running of the enterprise may be obtained from a budget allocated by the government;
2/ Without prejudice to Sub-Article 1 of this Article, the enterprise shall have the following source of income:
a) An income acquired from the service or work it renders performs;
b) A contribution of the staff members of the enterprise
c) A donation;
d) Other sources.
3/ Unutilized yearly income of the enterprise shall be transferred to the next fiscal year.
50. Legal status
Such and other relevant issues as activities of the enterprise, areas of involvement, capital requirements, administrative principles and maintaining books of accounts shall be provided in the law establishing the institution.
51. Accounts and Audits
The enterprise balance of accounts and their supplements together with all income and expenditure documents shall be submitted to the board within six months of the completion of the fiscal year.
52. Use of Income
Incomes of the enterprise shall be used for procurement of books, procurement of accessories and equipment necessary for implementation of projects, funding research projects, awarding achievements to the staff of the institution and for such other purposes necessary for implementing further objectives of the institution.
53. Income Fund
An income fund (hereinafter referred to as “Fund”) may be established in any government institution upon a decision of the board or the Ministry.
54. Source of Income
The fund shall have the following source of income:
1/ A contribution made from the enterprise;
2/ A budget allocated for research from the institutions;
3/ Unutilized sum of the budget;
4/ A donation;
5/ Other incomes.
55. Legal Status
Such and other matters as powers and duties of the fund, powers and duties of its organs, powers of the executive to implement the objectives of the fund, shall be determined by the law establishing the institution.
MISCELLANEOUS PROVISION ON GOVERNMENT INSTITUTIONS
56. Cost Sharing
1/ Any student who graduated from or who is still a student of government institution are required to share the cost of their education, training and other services on the basis of cost sharing principle.
2/ Payment of cost shall be effected in the from of tax payable from the salary or other incomes, obtained after graduation.
3/ The execution of the principle of cost sharing the amount of tax payable, due date of payment, modalities of payment for students not graduated and other relevant matters shall be determined by Regulations of Council of Ministers.
4/ Modalities of payment of the tax by a graduate who has obligation under Sub-Article 2 of this Article shall determined by a directives issued by the Ministry.
5/ An employee of a graduate shall, for the purpose of tax provided under this Article, have the obligation and responsibilities of withholding agent under the income Proclamation No.186/1994.
57. Source of Income and Utilization
1/ The sources of income of a government institution shall consist of:
a) An annual block grant budget allocated by the Government;
b) Contributions from the Government;
c) Income generated from such services delivered by the institution as research, consultancy, containing and distance learning, artistic, clinical therapeutic and from such activities as sports;
d) Subsidized budget, gifts and donations;
e) Loans; and
f) Other income sources.
2/ A regional government, district council or any other local administration may provide financial contribution or assistance to institution within its area of jurisdiction.
3/ Regional Governments and district councils supporting the institutions as per Sub-Article (2) of this Article may, taking into accounts its capability, request appropriate services from the institution.
4/ The institution may use finance obtained per Sub-Article (1) (c) of this Article in accordance with its business plan and an approved program by the board of the institution and may transfer the unutilized money for the next fiscal year.
6/ Subject to the provisions of relevant laws any government institution may transfer, sell, lease, or mortgage its property as determined by its establishing laws.
58. Maintaining Books of Account
Subject to the provisions of other laws a government institution shall maintain the record of:
1/ Any of its income, including the source thereof;
2/ Its expenditure;
3/ An audited statement of income and expenditure; and
4/ A balance sheet and case flow statement.
59. Accounts and Audit
1/ An auditor assigned by the board shall audit the Accounts and expenditure of a government institution.
2/ The audit report shall be submitted to the institution, the board and the Ministry.
60. Accountability of Private Institutions
1/ Private Institutions shall be accountable to the relevant organ as provided for in the memorandum of association;
2/ Notwithstanding the provision of Sub-Article 1 of this Article, private institutions shall be accountable to the Ministry for their performance as an institution of higher education.
3/ Without prejudice to the generality Sub-article 2 of this Article; private institutions shall submit the following to the Ministry:
a) Annual report;
b) Training and research plan of the institution;
c) Report showing the implementation of the education policy and national plan every two years.
4/ The Ministry shall carry out periodic supervision as may be necessary.
61. Requirement for Accreditation
Any person who wishes to establish a private institution, or upgrade or change the same shall not render educational or other services without first securing a pre-accreditation and accreditation permit from the Ministry.
62. An application for per-accreditation certificate
1/ A person wishing to establish, upgrade an institution may submit an application with relevant documents for a per-accreditation permit to the Ministry.
2/ An application submitted under Sub-Article (1) of the Article shall contain:
a) The proposed name, field of education and academic character of
b) The objectives of the institution;
c) The financial capacity of the institution;
d) Name and address of the body for which the institution is accountable, and measures to be taken on the heads of the institution;
e) Type of administration through which the academic and administrative affairs of the institution are to be conducted;
f) Without prejudice to what is provided by law, admission criteria and academic programs intended to be conducted by the institution;
g) Such and similar details of facilities and services required for conducting education or training as libraries, laboratories, class rooms, educational and research facilities and the manner in which they are maintained;
h) Existing or proposed academic, technical and administrative staff with their number and rank;
i) Financial status of the institution certified by certified accountant; financial and administrative control system of the institution;
j) Three year plan of the institution;
k) The name and address of the owners of the institution;
l) Trade, investment or other similar licenses issued by a relevant government organs;
3/ The application shall be sent through the Ministry to the Agency for evaluation.
63. Issuance of Pre-accreditation Permit
1/ The Agency may recommend to the Ministry the issuance of pre-accreditation permit to the applicant to operate as private institution upon satisfied that:
a) The resources declared are available or are likely to be made available and the curriculum meets relevant quality standards;
b) The applicant has taken concrete measures that enable the realization of the objectives of higher education and the fulfillment of the requirements provided by law and determined by the Ministry;
c) The applicant has put or is likely put into practice standards set by the Ministry in reliable manner.
2/ The Ministry shall make the issuance to the requested institution, of the pre- accreditation permit public in a newspaper having nation wide circulation.
3/ The pre-accreditation permit provided by the Ministry shall be valid for one year
64. Terms of the Pre-accreditation Permit
The pre-accreditation permit granted in accordance with this Proclamation shall include the following:
1/ Name and address of the registered institution;
2/ The status of the institution;
3/ Date of issuance and validity period;
4/ Name and signature of the appropriate official of the Ministry, the seal of the Ministry.
65. Denial of the Issuance
1/ The Ministry shall not issue the pre-accreditation permit where it finds from the report of the Agency that the applicant has not met requirement necessary to the delivery of higher education and other services.
2/ The Ministry shall notify the applicant in writing the reasons for the denial of the request for the permit submitted to it in accordance with Sub-Article 1 of this Article.
3/ The institution that is denied the permit under Sub-Article (1) of this Article may reapply for per-accreditation within 90 days fulfilling the minimum requirements.
4/ The Ministry shall make public the final decision on the denial of permit by news paper having nation wide circulation.
5/ Any diploma awarded by an institution denied of per-accreditation permit shall be of no effect.
66. Application for Grant of Accreditation
1/ A private institution having no accreditation or being a holder of a pre-accreditation permit for a year, may apply to the Ministry for the grant of accreditation.
2/ An application submitted under Sub-Article 1 of this Article shall contain:
(a) All information provided through application of pre-accreditation permit;
(b) Memorandum of association registered by appropriate organ where it is private institution;
(c) The name, address and academic qualifications of the academic and administrative staff of the institution employed on full time basis;
(d) A list of total number of students that have been enrolled each year in each field of study offered by the institution;
(e) Each facility necessary for each programme offered by the institution;
(f) A statement of the financial resources certified by certified auditor available for the realization of the objectives of the institution;
(g) An inventory of the physical facilities, including land and buildings available for the exclusive use of the institution; and
(h) The names and addresses of the owners of the institution in question.
3/ The Ministry shall forward the application it received to the Agency for its appropriate actions within three working days.
67. Recommendation for Accreditation
1/ Where the Agency receives an application for accreditation from the Ministry, it shall evaluate the performance and the measures taken by the institution to implement its objectives and to fulfill the standards set by the Ministry. Where the Agency finds that the performance of the institution is in accordance with the standards, it will submit its findings to the steering committee to be established under the Agency and the steering committee shall:
(a) Verify the report;
(b) Evaluate the academic and administrative status of the institution;
(c) Verify the application submitted pursuant to Article 65 of this proclamation.
2/ The Agency receiving the report of the steering committee shall, within 3 months time give recommendation to the Ministry;
(a) For the issuance of accreditation where it finds that the standards set by relevant laws and the Ministry are met by the institution;
(b) For the denial of accreditation stating clearly in detail egaps, defaults and measures to be taken, where it finds that the standards set by relevant laws and the Ministry are not met;
68. Issuance of Accreditation
1/ The Ministry upon receiving the recommendation of the Agency and after confirming that the institution met the standards shall within ten working days issue the accreditation.
69.Terms of the Accreditation
The Accreditation certificate shall indicate the status, the program and any other terms set by the Ministry.
70. Effects of the Accreditation
Diploma awarded by institution obtained accreditation permit shall have the same privileges and honor.
71. Renewal of Pre-accreditation Permit
1/ An accreditation permit shall be renewed before the beginning of any academic year.
2/ The Ministry shall renew the accreditation permit after confirming that the institution has complied with the standards set by law and the Ministry.
3/ Where the Ministry rejects request for the renewal of the accreditation, it shall notify the institution the reasons for the decision with in 15 working days.
72. Fees for Accreditation
Fee for the issuance and renewal of accreditation or the expansion and promotion of the institution shall be determined by a Regulation to be issued by the Council of Ministers.
73. Issuance of a Substitute Accreditation
1/ Where the accreditation permit of any private institution is lost or damaged, the institution shall apply to the Ministry for a substitute accreditation permit.
2/ Where an application is made pursuant to Sub-Article 1 of this Article, the Ministry shall upon the receiving of the damaged certificate, issue a substitute accreditation permit.
3/ The private institution whose accreditation certificate is lost or damaged shall upon request for substitute accreditation, submit a justification of the loss or damage of the accreditation permit together with a report signed by himself.
4/ The Ministry before issuing a substitute accreditation permit shall publish such request in a newspaper having a nation-wide circulation.
74. Rejection of Accreditation
1/ Where the Ministry finds that the institution doesn’t qualify to give higher education in accordance with the standards set by law and the Ministry, it shall not issue an accreditation to the institution.
2/ Where the Ministry pursuant to Sub-Article 1 of this Article, Rejects the request for an accreditation, it shall give its reason in writing to the applicant.
3/ An institution denied for accreditation pursuant to Article 1 of this Article shall, upon meeting the standards, submit for the second time its request for accreditation to the Ministry.
4/ The Ministry’s final decision denied for an accreditation to an institution shall be published in any nation-wide medium of communication.
5/ Any diploma awarded by an institution without an accreditation shall be of
6/ Any institution whose accreditation request is denied shall take all relevant measures to see that its students or trainees continue their education or training in the appropriate institution.
75. Cancellation of Accreditation
1/ An accreditation shall be cancelled for the following reasons:
(a) Where the agency or the board proved that the accreditation was issued based on false document;
(b) Where the institution fails to abide by the provisions of this Proclamation or any other relevant law;
(c) Where the institution dissolves in accordance with any relevant law
(d) Where the institution fails to rectify, within reasonable time set by a notice given by the Ministry defaults to meet the standards set by law, the provisions of this Proclamation, the regulation issued by the Council of Ministers, the Directives issued by the Ministry.
2/ The cancellation of accreditation permit pursuant to Sub-Article 1 of this Article shall be effective upon the completion of the undergoing activities of the institution. However if the institution cannot carry out such activities, it shall see that the students and trainees continue their studies in other appropriate institutions.
3/ Without prejudice to the provisions of relevant laws and Sub-Article 2 of this Article, an institution whose accreditation permit is cancelled shall not carry out new programs.
76. Returning Accreditation
1/ Any institution whose accreditation is cancelled shall return the accreditation permit to the Ministry within 15 days.
2/ The Ministry shall issue a new accreditation to an institution where it merges, expands or promotes its status upon retuning the previous one to the Ministry.
77. Applicability of these Provisions
The above provisions of this Proclamation related to accreditation of private institutions of higher learning shall mutates mutants be applicable to the accreditation of government institutions.
P A R T F I V E
ESTABLISHMENT OF EXECUTIVE ORGANS
RELEVANCE AND QUALITY OF EDUCATION
1/ There is hereby established Relevance and Quality of Educational Assurance Follow-up Agency (hereinafter referred to as “Agency”) as an autonomous organ with having own legal personality.
2/ The Agency shall be accountable to the Ministry.
1/ The Agency shall have:
a) An administrative board accountable to the government,
b) An office headed by a director
c) The necessary staff.
2/ The Agency shall have its head office in Addis Ababa and may have branches in the regions as may be necessary.
The objective of the Agency shall be to supervise the relevance and quality of higher education given by any institution.
81. Powers and Duties of the Administrative Board
The Administrative board shall have the following powers and duties:
1/ To approve the budget and the plan of the agency submitted by the director, and submit it to government as may be necessary;
2/ To give directives when necessary upon hearing the annual activity report presented by the director.
3/ To formulate policies on the relevance and quality of higher education and implement upon approval by the government.
4/ Submit to the government proposal on fees to be charged by the agency;
5/ To determine its rules of procedure of its meetings by internal directives.
82. Powers and Duties of the Agency
The Agency shall have the following powers and duties:
1/ To determine the salary and other benefits of its staff where the government so approves;
2/ To ensure that the education and the training offered by any institution up to standards, relevant and of due quality;
3/ To ensure that education and training given at any institution consistent to the economic, social and other relevant plans and policies of the Country;
4/ Issue directive which determines the powers and duties of accreditation evaluation committees;
5/ Examine the application submitted to the Ministry for pre-accreditation permit, accreditation permit and renewal of accreditation permit in accordance with this proclamation and other relevant laws, and submit its recommendation on same;
6/ Request when necessary, information and opinion for relevant organization to examine pre-accreditation applications;
7/ To evaluate and monitor institutions at least once every five years with the view to ensure the observance of standards and competence and submit its findings to the Ministry;
8/ Prepare criteria and guidelines for determination of standards by which Institutions may be evaluated and submit same to the Minister;
9/ Monitor institutional standards and competence; consult the Ministry on merger or division of institutions in accordance with Art.45 of this Proclamation;
10/ Evaluate activity report of an institution with pre-accreditation permit and upon evaluation its activity based on the criteria determined by law and the Ministry and where necessary give order to the institution and submit its recommendations to the Ministry.
11/ Give information to the public about the current status and standard of the institutions periodically.
12/ To gather and disseminate information about the standard and programs of study as well as the general status of foreign higher education institution.
13/ Submit evaluation report of charge of fees of the institutions to the Ministry and submit its proposal to the council of Ministers on payment of fees of the private institutions.
14/ Evaluate the relevance and quality of the institutions and programes and qualification for accreditation on receiving service fee.
83. Powers and Duties of the Director
The director of the office shall be appointed by the government and shall have the following powers and duties:
1/ Direct and administer as an executive officer;
2/ Without prejudice to the provision of Sub-Article 1 of this Article the director shall;
a) Perform the duties of the agency as provided by law;
b) Employ and administer employees of the Agency in accordance with relevant laws;
c) Represent the agency in its relation with third persons in accordance with relevant laws and the directives pf the board ;
d) Delegate his powers and duties as may be necessary to the employees of the agency;
e) Prepare and submit to the Board the annual plan and budget of the agency to the board and implement same upon approval;
f) Organize the office;
g) Submit annual performance report to the administrative board;
h) In cooperation with relevant organs maintain relationship with foreign higher institutions and make arrangement that local would enable institution benefit from such arrangement;
i) Keep the books of account of the Agency.
j) Perform such other duties necessary for the implementation of its objectives as may be assigned by the Ministry and the Administrative Board.
84. Members of the Administrative Board
The member of the board whose number and representation shall be determined by the Ministry include;
a) Representative of the Ministry of Education………..Chairperson
b) Two representatives from the association of
c) Two representatives from the association of private
d) A representative of the Ethiopian chamber
e) Other persons assigned by the Ministry……………….Member
f) The director of the agency memberan secretary
85. Source of Income
1/ The source of income of the Agency shall be:
a) an annual budget to be allocated by the Government:
b) service fees collected in accordance with law;
2/ The Agency shall use its income for the purpose of implementing its powers and duties as provided for in this Proclamation.
HIGHER EDUCATION STRATEGY CENTER
1/ A Higher Education Strategy Center (hereinafter referred as “Center”) is here by established as an autonomous organ having its own legal personality.
2/ The Center shall be accountable to the Ministry.
The objectives of the Center shall be to formulate the vision and strategy in order to ensure that higher education is compatible with the country’s human resource needs the relevant policies and global situation, and to advise the government on same.
88. Organizational Structure
1/ The Center shall have:
(a) a board accountable to the government (hereinafter referred as board of the “Center”)
(b) an office headed by a director; and
(c) the necessary staff.
2/ The center shall have its head office in Addis Ababa and may have branches in the regions as necessary.
89. Powers and Duties of the Center
The Center shall have the following powers and duties:
1/ To formulate strategies that would enable higher education to achieve its goals and to be compatible with new development and reform taking place in.
2/ To guide the overall reform activities of the higher education sector;
3/ To formulate strategy to make higher education responsive to the needs of the country;
4/ to formulate long term higher education strategy in line with the development program;
5/ to conduct research and studies on current policies, matters relating to education and training and propose viable alternatives and serve as a resource center for reform activities;
6/ To propose reforms on the national higher education strategy and program;
7/ Determine the salary and benefits for staff, upon the approval by the government.
90. Powers and Duties of the Board of the Center
The board of the center shall have the following powers and duties:
1/ to submit to government the program and the budget of the Center presented to it by the director;
2/ to give directives when necessary upon hearing the annual activity report presented to it by the director;
3/ to examine the draft policy and strategy on higher education reform presented to it by the director and ensure its implementation upon approval by the government;
4/ To examine such other researches on higher education presented to it by the director and ensure its implementation upon approval by the government;
5/ To determine its own rules and procedures by its internal regulations;
6/ Perform such other activities as may be assigned by the Ministry.
91. Powers and Duties of the Director of the Center
The Center shall have a Director appointed by the government with the following powers and duties:
1/ Direct and administer the center as an executive officer;
2/ Without prejudice to Sub-Article 1 of this Article, the Director shall:
a) Implement powers and duties of the Center as provided by law;
b) Employ the employees of the Center in accordance with the provisions of relevant laws where the board so approves;
c) Represent the center in all its dealings with third parties;
d) Delegate his powers as may be necessary to the employees of the center;
e) Prepare and submit to the Board the annual plans and budget of the Center and implement same upon approval;
f) Organize the Center;
g) Submit annual activity report to the board;
h) Keep complete and accurate books of accounts; and
i) Perform such other duties to be given to it by the Board, or the Ministry.
92. Members of the Board of the center
The number, representation and term of office of the member of the board shall be provided for in directives issued by the Ministry.
93. Source of Income
1/ The source of income of the Center shall be:
(a) The annual budget to be allocated by the Government;
(b) Grants and other sources.
2/ The Center shall use its finance for the purpose of implementing its powers and duties as provided for in this Proclamation.
94. Powers and Duties of the Ministry
The Ministry shall have the powers and duties to:
1/ Issue pre accreditation and accreditation permit to institutions of higher learning; submit proposal to the council of ministers;
2/ Ensure that the curriculum of higher education is prepared in accordance with the standards;
3/ Ensure that the admission of students to a higher education is in accordance with the criteria;
4/ Facilitate and encourage cooperation among institutions in research and education;
5/ Devise means for resolving administrative and financial problems of any institution with the help of the board;
6/ Ensure the implementation of the Education Policy and the National Higher Education Program;
7/ Conduct studies on how to met the needs for skilled manpower of the country;
8/ Determine the equivalence of diplomas or professional qualification testimonials issued to students and trainees of institutions of other countries;
9/ In co-operation with other organs support the involvement of the private sector in education;
10/ Without prejudice to the provisions of the Proclamation, determined the criteria for the designation of institutions of higher learning as universities, university colleges, colleges and institutes;
11/ Without prejudice to the provisions of this Proclamation determine the criteria for the programs of diploma, first degree, second degree, medical certificate or third degree;
12/ Facilitate networking and information exchange between institutions;
13/ Issue pertinent directives regulating principles of evaluation, as well as coverage of training and scope in institutions running similar programs based on the recommendation of the Agency;
14/ Based on teaching and training plans and activity reports submitted from institution, monitor their activities as may be necessary and take the necessary measures in accordance with this Proclamation;
15/ Ensure that there are performance evaluation regulation and code of ethics
for students and staff of institutions;
16/ Submit to the council of Ministers regulation pertaining to finance administration and use of finance of public institutions;
17/ Encourage pubic institutions, non-governmental organizations, business organizations, students and employees of the institutions and any other person to work together for the purposes of education, research, practical work, generation and dissemination of technology; issue detailed directives for the purposes of implementation of the same.
1/ Any institution or person who fails to observe and discharge its obligations under this proclamation and any other relevant law shall have civil and criminal liability.
2/ Any person who, without having acquired accredited diploma, presents forged diploma or any institution or person who issue diploma for programme which is not accredited shall have civil and criminal liability.
96. Duty to Corporate
1/ Any person, has the duty to cooperate in the implementation of this proclamation.
2/ Any person should cooperate for give in formation for Educational and resurch implementation in accordance Sub Article(1) of this Article.
97. Applicable law
1/ Unless the law requires the proclamation which establish the instution will be applicable until it will not contradict with this proclamation.
2/ Before this proclamation become applicable the license given by the Minister is considered as they got license by this proclamation.
98. Inapplicable Laws
Any law or practice inconsistent with the provisions of this Proclamation shall be inapplicable with regard to matters provided for in this Proclamation.
99. Power to Issue Regulations
The Council of Ministers as deemed necessary shall issue regulation to implement this proclamation.
100. Effective Date
This proclamation shall enter in to force as the date of its publication in the Negarit Gazeta.
Done at Addis Ababa on the 3rd day of July, 2003
GIRMA WOLDE GIORGIS
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA