WHEREAS, the national payment system is an essential component of the financial infrastructure of the country, whose safety, security and efficiency is critical to ensure financial stability, economic growth and financial inclusiveness;
WHEREAS, it has became necessary to provide rules on establishment, governance, operation, regulation and oversight of the national payment system so as to ensure its safety, security and efficiency; 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 “National Payment System Proclamation No.718/2011″. 2. Definitions In this Proclamation unless the context requires otherwise: 1/ “book, record, account, document or information” means a book, record, account, document or information recorded or stored in any media including paper or data stored by electronic, optical, magnetic or in any other form; 2/ “card” means any card, or other device, including a code or any other means of access to an account, that may be used from time to time to obtain or deposit money or to make payment, and includes a debit, credit and stored-value card; 3/ “central counterparty” means an entity that is the buyer to every seller and the seller to every buyer in a settlement system; 4/ “central securities depository” means an entity in whose register securities or other financial instruments are immobilized so as to enable their transactions to be finally processed by book entry; 5/ “clearing” means the process of transmitting, reconciling and confirming funds or securities transfer instructions prior to settlement and includes the netting of instructions and the establishment of final positions for settlement; 6/ “clearing house” means the National Bank or an entity authorized by the National Bank that provides clearing services but excludes a clearing house recognized under any other law; 7/ “clearing system” means a system whereby participants present and exchange information relating to the transfer of funds, securities or other financial instruments to each other through a centralized system or at a single location and includes mechanisms for the calculation of participants’ positions on a bilateral or multilateral basis with a view to facilitating the settlement of their obligations; 8/ “electronic” mans electrical, digital, magnetic, optical, biometric, electrochemical, wireless or electromagnetic technology or any other technology used in relation to the national payment system; 9/ “electronic communication” mans electronic exchange of messages in a standardized format that allows: a)visual display or listening of data that is clear and readily understandable; and b)receiving and retaining the information in the message for subsequent retrieval such as by printing, recording or any other means for later use; 10/ “electronic equipment” means electronic terminal including computer, points of sale, automated teller machine, telephone and other similar devices; 11/ “electronic signature” means a data in an electronic form, affixed to or logically associated with, an electronic message, which may be used to guarantee the authenticity and identify the signatory in relation to the date message and to indicate the signatory’s approval of the information contained in the data message; 12/ “financial institution” means a bank, a micro-financing institution, postal savings, money transfer institution, an insurance company or such other similar institution as determined by the National Bank; 13/ “funds transfer” means any transfer of funds, either representing an order of payment or a transfer of money, which is initiated by a person by way of instruction, authorization or order to a financial institution to debit or credit an account maintained with that financial institution and includes point of sale transfers, automated teller machine transactions, direct deposits or withdrawal of funds, transfers initiated by telephone, internet, card or other devices; 14/ “large value funds transfer system” means large value electronic fund transfers, the amount of which shall be determined by the National Bank, which consists of: a)an inter-bank funds transfer system; b)high priority and time critical government fund transfer; c)clearing and settlement of securities of the government; or d)any other fund transfer system prescribed by the National Bank as large value. 15/ “National Bank’ means the National Bank of Ethiopia; 16/ “national payment system” means a system in the Federal Democratic Republic of Ethiopia that consists of the following : a)sending, receiving and processing of orders of payment or transfers of money in domestic or foreign currencies: b)issuance and management of payment instruments; c) payment, clearing and settlement systems; d)arrangements and procedures associated to those systems specified under paragraph (c) of this sub-article; and e)payment service providers, including operators, participants, issuers of payment instruments and any third party acting on behalf of them, either as an agent or by way of outsourcing agreements, whether entirely or partially operating in the country; 17/ “netting” means the determination of the net payment obligations or the determination of the net termination value of settlement obligations by setting off or adjusting the payment obligations between two or more participants within the payment system; 18/ “operator” means the National Bank, a financial institution or any other entity authorized by the National Bank as operator; 19/ “participant” means a party who participates in a payment, clearing or settlement system as a direct participant which opens and maintains a settlement account at the National Bank or any other settlement entity or an indirect participant which shall only be able to settle its obligations due through the account of a direct participant; 20/ “payment instrument” means any instrument, whether tangible or intangible, that enables a person to obtain money, goods or service or to otherwise make payment or transfer money such as cheques, drafts and cards; 21/ “person” means any natural or juridical person; 22/ “retail funds transfer system” means a fund transfer system consisting of the cheque clearing system operated and administered by the National Bank and any type of retail fund transfer system authorized by the National Bank; 23/ “settlement” means the act of discharging obligations by transferring funds, securities or financial instruments between two or more parties; 24/ “settlement rule” means the rule that provide the basis upon which payment obligations are calculated, netted or settled; 25/ “settlement system” means a system for the discharge of payment and settlement obligations established and operated by National Bank or any other settlement system authorized by the National Bank; 26/ “stored value” means a representation of value that is intended to be used to make a payment which includes units of value recorded in a computer chip or any other device and may or may not be denominated by reference to units of a currency; 27/ “stored value card” means a prepaid card in which the record of funds can be increased or decreased; 28/ “system” includes a payment, clearing and settlement system; 29/ any expression in the masculine gender includes the feminine.
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PROCLAMATION NO. 692/2010. A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE SPORTS COMMISSION7/31/2011 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE SPORTS COMMISSION
WHEREAS the promotion of sports makes significant contributions to communities, especially the youth to maintain healthy physique and brain, and thereby facilitate their active participation in the nation building, to strengthen the solidarity of the nations, nationalities and peoples of Ethiopia, and to strengthen the country’s regional and international relations; WHEREAS it has become necessary to organize an autonomous federal institution to promote, support and regulate sport activities; 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 “Sports Commission Establishment Proclamation No. 692/2010″. 2. Establishment 1/The Sports Commission (hereinafter the “Commission”) is hereby established as an autonomous federal government organ having its own legal personality. 2/ The Commission shall be accountable to the Prime Minister. 3. Head Office The Commission shall have its head office in Addis Ababa and may have branches elsewhere, as may be necessary. 4. Objectives The objectives of the Commission shall be to promote community based sports and to encourage outstanding sports persons. 5. Powers and Duties of the Commission The Commission shall have the powers and duties to: 1/prepare the country’s sport policy, and implement same upon approval; 2/enable the public to participate in and benefit from sports for all and traditional sports, and ensure the creation of conducive conditions for the participation of disabled persons in sport activities; 3/collaborate with the concerned bodies to produce trained manpower in the field of sports; 4/promote the expansion of sports facilities and centers; 5/facilitate the supply of adequate sportswear and equipment in cooperation with the concerned organs; 6/organize sports medical facilities in cooperation with the appropriate bodies, and adopt systems for controlling doping practices; 7/issue directives governing the establishment of sports associations; register and support associations operating at the national level; 8/devise mechanisms for the establishment of national sports development fund, and implement same upon approval; 9/without prejudice to the power of other organs to issue business licenses in accordance with the law, authorize sports associations to engage in income generating activities which are consistent with their objectives with a view to meet their financial requirements; 10/provide necessary support in organizing and conducting national and international sport games; 11/own property, enter into contracts, sue and be sued in its own name; 12/perform such other functions as are conducive to the attainment of its objectives. 6. Organization of the Commission The Commission shall have: 1/ a Federal Sports Council (hereinafter “the Council”); 2/ a Commissioner and, as may be necessary, Deputy Commissioners appointed by the government; and 3/ the necessary staff. Every negotiable instrument to qualify as such must meet special requirements relating to form and content. These are mandatory requirements for the validity of the instrument. The absence of any one of such requirements renders the instrument non negotiable. On the other hand if it fulfills, it becomes negotiable i.e. transferable from one person to another person by delivery. The term ‘negotiability’ here refers to the capacity of the instrument being transferred by delivery or endorsement and simultaneously entitling the transferee rights and entitlements emanating from the instrument. When there is a valid negotiation the right and the document together, pass on to the transferee. As you can see from article 715(1), this very essence i.e. inseparability of the document Vs the right, is used as a key element in defining negotiable instruments by the commercial code.
The general part of the commercial code (articles 715-731) does not provide any common standard by which the negotiability of negotiable instruments can be measured. Rather it only provides specific requirements applicable to bills of exchange, promissory notes and cheques. Since all these instruments are commercial papers, we will in general examine the basic requirements applicable to all, at the same time comparing and contrasting them with the specific requirements of each instrument. The negotiability requirements of bills of exchange, promissory notes and cheques are indicated in article 735, 823 and 827 respectively. PROCLAMATION No. 699/2010. A PROCLAMATION TO PROVIDE FOR THE PROTECTION OF WITNESSES AND WHISTLEBLOWERS OF CRIMINAL OFFENCES WHEREAS, it is essential to create conducive situations in order to ensure the safety and security of the public by having criminal offenders brought to justice and sustain the right penalty; WHEREAS, providing protection for witnesses and whistleblowers of criminal offences play a significant role for the prevention of crime by uncovering crimes that may cause serious threat to the public; WHEREAS, it is found necessary to legislate the protection systems that need to be put in place in order to protect witnesses and whistleblowers of criminal offense from direct or indirect danger and attack they may face as a consequence thereof and thereby to ensure their safety; 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 “Protection of Witnesses and Whistleblowers of Criminal Offences Proclamation No.699/2010.” 2. Definitions In this Proclamation, unless the context otherwise requires: 1/ “whistleblower or witness” means a person who has given or agrees to give information or has acted or agrees to act as a witness in the investigation or trial of an offence; 2/ “protected person” means a witness, a whistleblower or a family member of a witness or a whistleblower who has entered into a protection agreement with the Ministry; 3/ “relocation” means a type of protection measure that involves temporary or permanent resettling of a protected person by the Ministry in a place, within the country or overseas, other than his place of residence or if the protected person is undergoing a penalty entailing loss of liberty, the transfer of him to another penitentiary; 4/ “change of identity” means a type of protection measure that involves modifying and adjusting parts or entire personal data of a protected person to a new situation and may include plastic surgery where necessary; 5/ “surveillance protection” means a type of protection measure that includes the conduct of covert protection of a protected person and surveillance and technical recording, by long-distance communication means, of the premises in which he resides; 6/ “concealing identity and property ownership” means a type of protection measure that involves temporary creation and use of documents relating to the identity and property of a protected person; 7/ “family” includes the spouse or cohabitant, the children, parents, siblings and the children of the spouse or cohabitant of a person; 8/ “Ministry” or “Minister” means the Ministry or Minister of Justice, respectively; 9/ “Commission” means the Federal Ethics and Anti-Corruption Commission; 10/ “person” means natural or legal person; 11/ any expression in the masculine gender includes the feminine. 3. Scope of Application 1/ The protection under this Proclamation shall be applicable with respect to testimony or information given or investigation under- taken on a suspect punishable with rigorous imprisonment for ten or more years or with death without having regard to the minimum period of rigorous imprisonment: a)where the offence may not be revealed or established by another means otherwise than by the testimony of the witness or the information of the whistleblower ; and b)where it is believed that a threat of serious danger exists to the life, physical security, freedom or property of the witness, the whistleblower or a family member of the witness or the whistleblower. 2/ Notwithstanding the provisions of sub-article (1) of this Article, the Ministry and the Commission may also extend the protections provided under sub-article (1), (1), (m), (o), (p) and (t) of Article 4 of this Proclamation to witness and whistleblowers who renot protected persons READ FULL TEXT One of the significant changes introduced by the new Ethiopian pension laws is the substantial increase in the amount of pension contribution by the beneficiary and the government/employer. Until June 2011, only the public sector was covered by the pension scheme. Starting from July 2011 those (employees and employers) in the private sector will start making a contribution following the first private organization employees pension law. So what is the amount to be contributed by employees, employers and the public organs (the government)? The following table summarizes the contributions to be made from each respective party according to the proclamation no.714 and 715.
In the previous (now repealed pension law) the amount of pension contribution by public servants including military and police officers was 4% of their gross salary. However, there was a significant variation in the contribution to be made by the government for public servants as compared to the contribution to military and police officers READ FULL ARTICLE One of the controversies surrounding the new private organization employee’s pension proclamation has been the effect of resignation on entitlement to pension benefits. Based on the length of service of the employee, resignation could have three different effects.
1. When the length of service of the employee is greater than or equal to 10 years but less than 20 years of service, resignation results in reimbursement of the employee’s contribution excluding contribution made by his employer. 2. If the employee resigns after serving for less than 10 years, he will relinquish his right to reimbursement. He will just leave empty-handed. 3. If the length of service is greater than or equal to 20 years but less than 25 years the employee will be entitled to get full retirement pension but payment will be made upon attainment of retirement age. 4. If the length of service of the employee is greater than or equal to 25 years , resignation results in entitlement to full retirement pension which will start to be paid beginning five years prior to retirement age. As indicated above, an employee who resigns after serving for less than 10 years is not entitled to claim his own contribution. Although this has become a point of controversy in light of the new private organizations pension proclamation, a similar limitation has existed for more than 40 years in case of government employees’ pension laws. In this regard one of the oldest pension laws of the country ( Public servant’s pension decree No. 46/1961) reads: “A public servant who voluntarily resigns prior to completing 10 years of service shall be entitled to no benefits hereunder” (Article 8(a) of Public servant’s pension decree No. 46/1961) All subsequent pension legislations have adopted a similar position regarding the effect of resignation before 10 years of service. During this time no strong criticism has been heard against such statutes. What follows is a brief analysis or criticism of the new law and previous statutes as regards their prohibition of reimbursement of employee’s contribution. I will also try to forward some advice to employees who want to quit their job but still get their own contribution by way of reimbursement even if they have served for less than 10 years. READ FULL ARTICLE The Ethiopian government has issued a new law which extends pension benefits to permanent employees of private organizations. The bill was signed by the head of state i.e. President of the Federal Democratic Republic of Ethiopia, President Girma Woldegiorgis on June 24, 2011. However, the effective date of the bill starts on the date of its publication in the Negarit Gazeta, as it is the case with other statutes issued by Parliament. Even though the exact date of the publication of the law has not been officially declared, it is almost a week since the publication of the proclamation by Bernanena Selam Printing Press, the official printing press for the law maker for the last 60 years.
When one looks into the transitory provisions, specifically those provisions providing for time limit in which contribution by the employee/employer and payment of pension benefits by Private Organizations Pension Agency will start, it becomes clear that the new law will not fully enter in to force from the date of its publication. According to article 57 sub article 6(a) of the proclamation, payment of pension contribution starts as of July 8, 2011. Similarly, pension benefits shall commence to accrue as of the next month of one year after the effective date of this proclamation. Types of Pension benefits Generally speaking, the private organization employees pension proclamation provides for four categories of pension benefits. These are;
Factors determining the type of pension benefits Entitlement to any of the pension benefits and payments is dependent upon some specific conditions laid down by the proclamation. These may be broadly mentioned as length of service, ground of termination of employment contract and the degree of employment injury. The grounds of termination of employment contract could those mentioned in the proclamation (“pension law grounds) and those not mentioned in the proclamation (“non-pension law grounds”) CLICK HERE TO CONTINUE READING Assessing the Certification Process of Ethiopia’s rural Lands Etablissement de la procédure de certification de terres rurales en Éthiopie
Klaus Deiningera, Jaap Zevenbergenb, Daniel Ayalew Ali Contracting for Land: Lessons from Litigation in a Communal Tenure Area of Ethiopia Sandra Fullerton Joireman Human Rights Approach to Land Rights in Ethiopia Belachew Mekuria LAND REFORM IN ETHIOPIA: A CASE STUDY IN NON-DEVELOPMENT Harrison C. Dunning Land Tenure in Ethiopia Continuity and Change, Shifting Rulers, and the Quest for State Control Wibke Crewett, Ayalneh Bogale and Benedikt Korf Land Valuation for Expropriation in Ethiopia: Valuation Methods and Adequacy of Compensation Daniel Weldegebriel AMBAYE Property Rights in a Very Poor Country: Tenure Insecurity and Investment in Ethiopia Daniel Ayalew, Stefan Dercon and Madhur Gautam Rural land certification in Ethiopia: Process, initial impact, and implications for other African countries Klaus Deininger, Daniel Ayalew Ali, Stein Holden, and Jaap Zevenbergen TENURE SECURITY AND LAND-RELATED INVESTMENT: EVIDENCE FROM ETHIOPIA Klaus Deininger, Songqing Jin, Berhanu Adenew, Samuel Gebre-Selassie and Berhanu Nega Land scarcity, tenure change and public policy in the African case of Ethiopia: Evidence on efficacy and unmet demands for land rights Tesfaye Tekelu The Legal Status of the Communal Land Holding System in Ethiopia: The Case of Pastoral Communities Mohammud Abdulahi The protection of land rights in Ethiopia Montgomery Wray Witten Urban Land Lease Policy of Ethiopia Case study on Addis Ababa and Lease towns of the Amhara National Regional state Belachew Yirsaw WOMEN AND LAND RIGHTS IN ETHIOPIA: A Comparative Study of Two Communities in Tigray and Oromiya Regional States Hadera Tesfa The law governing judicial selection, appointment and removal of judges has been in effect for almost 15 years, without any change. The system of Ethiopian judicial administration was being governed by three important instruments. These are; 1) Federal Courts Proclamation No. 25/1996 2) Federal Judicial Administration Commission Establishment proclamation No. 24/1996 and 3) A Proclamation to Amend the Federal Courts No. 321/2003. Basically proc. No. 25/96 is a law establishing the jurisdiction of federal courts. But, it also contained some provisions about the criteria for judgeship, removal and disciplinary measures against judges. Proc. No. 24/96 is about the institutional structure of judicial administration. Proc. No. 321/2003 is an amendment to the jurisdiction of courts. However, it also contains few articles relevant for judicial administration. Now after 15 years, the House of People’s representatives has made some changes to judicial administration. The new law amends mainly proc. No. 24 and 25 of 1996. We will have a brief look at the contents of this new law and try to identify the significant changes brought about by this act. Selection and removal of judges According to the new amendment, any one interested to be judge may submit his application to the Federal judicial administration council. Key changes in this regard, are that the position of judgeship is now open to any individual who fulfills the legal requirements. Judicial selection therefore will be totally conducted based on a competition, thus avoiding the possibility of favoritism on personal grounds and political affiliation. The criteria to be a federal judge is almost similar with the previous law save some additional requirements. According to Article 11 of the new law, any Ethiopian who fulfills the following criteria may be appointed as a federal judge:
A federal judge whose tenure is terminated is not allowed to appear before any bench in a federal court in which he served as a judge representing litigants for a period of two years starting from the last date of termination of office. Structure and Organization of the judicial Council
The Federal judicial council is established as an entity having its own legal personality. The Council has its own secretariat, head of secretariat, budget and the necessary staff. The head of the secretariat serve as the Council’s secretary. The Council shall have the following members: a) The President of the Federal Supreme Court-----Chairperson b) The Vice President of the Federal Supreme Court---- member c) Three members of the House of Peoples’ Representatives---- member d) The Minister of the Federal Ministry of Justice --- member e) The President of the Federal High Court ----- member f) The President of the Federal First Instance Court ---- member g) A judge selected by all the Federal Judges ----- member h) A lawyer appointed by the Council from those practicing in the Federal Court--- member i) Law academic appointed by the Council from a recognized higher educational institution--- member j) A distinguished citizen appointed by the Council ---- member Powers and Duties of the Council As indicated above one of the key duties and responsibilities of the judicial council is related to the selection and recruitment of federal judges. In this regard it orders a notice to be issued and decide how and where such notice shall be publicized. After receiving application the council will nominate candidates who qualify for judgeship from among persons who applied for judicial positions. Some of the important powers of the council include;
(Taken From Muradu Abdoand Gebreyesus Abegaz Customary Law Teaching Material (JLSRI)
State and Customary Law in Ethiopia: The relationship between State and Customary law can be divided into three phases: (1) The imperial imported sacred tradition in the pre-modern era, (2) the modern secular imported nation-building period under Emperor Haile Sellassie and the Derg, and (3) the post-modern ethnic federalist period under the EPRDF. The first phase during the imperial period from the 15th century till the early 20th century can be characterized within the realm of the Empire by the imperial reliance on reference to indigenized translated texts based on 'imported' biblical and Roman-Byzantine traditions with a strongly sacred flavor. There was only nominal and limited reference to the importance or precedence of local customary law in imperial edicts and much of the country remained beyond the confines of the monarchies, administered in practice in legal terms through customary law. The second phase began with Emperor Haile Sellassie's modernising drive from the early 1930s, pursued more vigorously after the Italian occupation especially in the mid 1950s and 1960s with the development of legal codes. Here again much of the legislative drive and influence, signalled most clearly in the assigning of the drafting work to foreign experts, was external to the Ethiopian context. Customary law was repealed by the Civil Code which included only token references to limited areas where customary rules could be applied. The second modernist nation-building phase ended with a socialist twist under the Derg, which continued the centralist project with very minor concessions to religious and ethnic interests as expressed in the 1987 Constitution. |
AuthorAbrham Yohannes Archives
February 2012
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