Quantcast
Channel: Ethiopian Legal Brief
Viewing all 992 articles
Browse latest View live

New Proclamations 2012 (2004 E.C.)

$
0
0

Proclamation No.731/2012 Commercial Registration and Business Licensing /Amendment/ Proclamation    DOWNLOAD

Proclamation No. 732/2012 IGAD Convention on Mutual Legal Assistance in Criminal Matters Ratification    DOWNLOAD

Proclamation No. 733/2012 IGAD Convention on Extradition Ratification   DOWNLOAD

Proclamation No.734/2012 International Convention for the Suppression of the Financing of Terrorism Ratification   DOWNLOAD

Proclamation No.735/2012 Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition Ratification DOWNLOAD

Proclamation No.736/2012 Protocol Against the Smuggling of Migrants by Land, Sea and Air Ratification DOWNLOAD

Proclamation No.737/2012 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Ratification DOWNLOAD

Proclamation No.738/2012 2004  E.C.  Fiscal  Year  Federal  Government Supplementary  Budget  Proclamation  DOWNLOAD

Proclamation No.739/2012 African Development Fund Loan Agreement for Financing Hawassa-Agere Mariam Road Project Ratification DOWNLOAD

Proclamation No.740/2012 African Development Fund Loan Agreement for Financing Bedele-Metu Road Upgrading Project Ratification   DOWNLOAD

Proclamation No.741/2012 International  Fund  for  Agricultural Development  Loan Agreement  for  Financing Rural  Financial  Intermediation  Program  II Ratification  DOWNLOAD

Proclamation No.742/2012 United  Nations  Convention  on  the  Law  of  the Sea Ratification Proclamation  DOWNLOAD

Proclamation No.743/2012 Revised  African  Maritime  Transport  Charter Ratification  DOWNLOAD

Proclamation No.744/2012 Agreement  on  Scientific  and  Technological Cooperation between the Government of the Federal Democratic  Republic  of  Ethiopia  and  the Government  of  the  People’s  Republic  of  China Ratification   DOWNLOAD

Proclamation No.745/2012 Agreement  on  Scientific  and  Technological Cooperation between the Government of the Federal Democratic  Republic  of  Ethiopia  and  the Government  of  the  Republic  of  Korea  Ratification   DOWNLOAD

Proclamation No. 746/2012 Insurance Business Proclamation   DOWNLOAD

Proclamation No.747/2012 Agreement  between  the  Federal  Democratic Republic  of  Ethiopia  and  the  Republic  of  Sudan  for the  Avoidance  of  Double  Taxation  and  the Prevention  of  Fiscal  Evasion  with  Respect  to  Taxes on Income Ratification  DOWNLOAD

Proclamation No.748/2012 Agreement  between  the  Federal  Democratic Republic  of  Ethiopia  and  the  Republic  of  India  for the  Avoidance  of  Double  Taxation  and  the Prevention  of  Fiscal  Evasion  with  Respect  to  Taxes on Income Ratification  DOWNLOAD

Proclamation No.749/2012 Agreement  between  the  Federal  Democratic Republic  of  Ethiopia  and  the  People’s Republic  of China for the Avoidance of Double Taxation and the Prevention  of  Fiscal  Evasion  with  Respect  to  Taxes on Income Ratification DOWNLOAD

Proclamation No.750/2012 Agreement  between  the  Federal  Democratic Republic of Ethiopia and the Arab Republic of Egypt for  the  Avoidance  of  Double  Taxation  and  the Prevention  of  Fiscal  Evasion  with  Respect  to  Taxes on Income Ratification DOWNLOAD

Proclamation No.751/2012 Agreement  on  Cultural  and  Arts  Cooperation between  the  Government  of  the  Federal  Democratic Republic  of  Ethiopia  and  the  Government  of  the State  of  Kuwait  Ratification  DOWNLOAD

Proclamation No.752/2012 Cooperation  Agreement  in  the  Field  of  Tourism between  the Government  of  the  Federal  Democratic Republic  of  Ethiopia  and  the  Government  of  the State  of  Kuwait  Ratification  DOWNLOAD

Proclamation No.753/2012 Nagoya  Protocol  on  Access  to  Genetic  Resources and  the  Fair  and  Equitable  Sharing  of  the  Benefits Arising from  their  Utilization  Ratification DOWNLOAD

Proclamation No.754/2012 Export-Import  Bank  of  China  Loan  Agreement  for Financing  Addis  Ababa  Deep  Wells  Water  Supply Project  (Phase  III)  Ratification    DOWNLOAD

Proclamation No.755/2012 Export-Import Bank of India Credit Line Agreement to  Provide  Additional  Loan  for  Financing  Projects for  the  Development  of  Sugar  Industry Ratification     DOWNLOAD

Proclamation No.756/2012 International  Development  Association  Additional Financing Agreement for Productive Safety Net APL III  Project  Ratification     DOWNLOAD

Proclamation No.757/2012 Bilateral Trade  Agreement  between  the  Government of  the  Federal  Democratic  Republic  of  Ethiopia  and the  Government  of  the  Republic  of  Gambia Ratification         DOWNLOAD

Proclamation No.758/2012 Bilateral Trade  Agreement  between  the  Government of  the  Federal  Democratic  Republic  of  Ethiopia  and the  Government  of  the  Republic  of  Kenya Ratification        DOWNLOAD

Proclamation No.759/2012 Advertisement Proclamation   DOWNLOAD

Proclamation No.760/2012 Registration of  Vital  Events  and  National  Identity Card Proclamation     DOWNLOAD

Proclamation No.762/2012 International  Development  Association  Financing Agreement  for  Electricity  Network  Reinforcement  and Expansion  Project  Ratification   DOWNLOAD

Proclamation No.763/2012 Export-Import  Bank  of  Korea  Loan  Agreement  for Financing  the  Sululta-GebreGuracha  Power Transmission  Project  Ratification   DOWNLOAD

Proclamation No.764/2012 International  Development  Association  Financing Agreement  for  Financing  Women  Entrepreneurship Development  Project  Ratification  DOWNLOAD

Proclamation No.765/2012 International  Development  Association  Amended  and Restated  Financing  Agreement  to  Provide  Additional Finance  to  Urban  Water  Supply  and Sanitation  Project Ratification   DOWNLOAD

Proclamation No.766/2012  2005    Fiscal Year Budget Proclamation  DOWNLOAD

Proclamation No. 767/2012 Chat Excise Tax Proclamation             DOWNLOAD

Proclamation No. 768/2012 Export  Trade  Duty  Incentive  Schemes  Proclamation DOWNLOAD

Proclamation No.769/2012 Investment Proclamation     DOWNLOAD

Proclamation No. 770/2012 Kuwait Fund for Arab Economic Development Loan Agreement for Financing the Dessie-Kutaber-Tenta Junction Road Project Ratification    DOWNLOAD

Proclamation No. 771/2012 International Development Association Financing Agreement for Promoting Basic Services Program-Phase III Project Ratification             DOWNLOAD

Proclamation No. 772/2012 African Development Fund Loan Agreement for Promoting Basic Services Program (PBS III) Project Ratification   DOWNLOAD

Proclamation No. 773/2012 Agreement between/the Government of the Federal Democratic Republic of Ethiopia and the Government of the Republic of Seychelles for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income Ratification   DOWNLOAD

Proclamation No. 774/2012 Agreement between the Government of the Federal Democratic Republic of Ethiopia and the Government of Great Britain and Northern Ireland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income Ratification DOWNLOAD

Proclamation No. 781/2013 Meles Foundation  Establishment  Proclamation  DOWNLOAD


Filed under: Conventions Ratified by Ethiopia, Legislation

Consolidated Ethiopian Laws (1942-1961 E.C.) Volume II

Exit EXam 2012 (204 E.C.)

PROCLAMATION No. 780-2013 A PROCLAMATION ON PREVENTION AND SUPPRESSION OF MONEY LAUNDERING AND FINANCING OF TERRORISM

$
0
0

PROCLAMATION No. 780/2013

A PROCLAMATION ON PREVENTION AND SUPPRESSION OF MONEY LAUNDERING AND FINANCING OF TERRORISM

WHEREAS, money laundering and financing of terrorism not only threaten security but also compromise the stability, transparency soundness and efficiency of the financial system;

WHEREAS, the effort to combat money laundering and financing of terrorism is being undertaken internationally and since Ethiopia part thereof;

WHEREAS, it has become necessary have a comprehensive legal framework to prevent and suppress money laundering and financing terrorism;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is here1 proclaimed as follows;

DOWNLOAD FULL TEXT


Filed under: Legislation

Index to Casation Decisions Volume 14

Housing Scheme Registration Directive (የቤት ፈላጊዎች እና ዳግሞ ተመዝጋቢዎች ምዝገባ መመሪያ)

$
0
0

The registration process for the new Housing Scheme is now officially open. According to announcement made by Addis Abeba Housing Development & Administration Agency, registration for 10/90 and the 20/80 projects will be from June 10 to June 28 and registration for 40/60 project will be from August 12 to August 23. The registration for association will be conducted from July 23 to August 6.

The registration process and other related details are to be governed by a new directive issued by the Addis Ababa Administration Cabinet. Government officials have been giving explanation about this directive on state media.

You can download this directive on the link below.

Click HERE to download:

የአዲስ  አበባ  ከተማ  አስተዳደር  የቤት  ፈላጊዎች  እና  ዳግሞ  ተመዝጋቢዎች  ምዝገባ  መመሪያ  ቁጥር  2/2005

Housing Scheme Registration Directive


Filed under: Articles

Ethiopia to implement human rights action plan

$
0
0

Ethiopia to implement human rights action plan

Source: www.ertagov.com

Prime Minister Hailemariam Desalegn disclosed on Friday that the government is undertaking various activities to ensure human and democratic rights in Ethiopia.

The Premier made the remark on a consultative forum held on Ethiopian National Human Rights Action Plan (NHRAP) held at UNECA.

The NHRAP aims at strengthening a better implementation of human and democratic rights as stipulated in the Constitution. It is noted that the Action Plan would enable a coordinated implementation of activities by various government bodies.

Prime Minister Hailemariam said the government has been undertaking various activities over the past two decades to ensure human and democratic rights. He said the Action Plan would help to address gaps in good governance that has been a challenge in fully ensuring human and democratic rights.

Minister of Justice Getachew Ambaye for his part said the necessary structure is in place at federal and regional levels to implement the Action Plan. He also noted that an office of NHRAP was organized and went operational under the Ministry of Justice to oversee the process.

UN Resident Coordinator in Ethiopia Eugene Owusu for his part commended Ethiopia for preparing the NHRAP to undertake consistent work on human rights side by side with its speedy economic development. He also assured the support of his Organisation for the fruitful implementation of the Action Plan.


Filed under: Constitution and Human rights, Constitutional law, Legal news update

National Intelligence and Security Service Re-establishment Proclamation (draft)

$
0
0

Proclamation No————- /2013

NATIONAL INTELLIGENCE AND SECURITY SERVICE RE-ESTABLISHMENT PROCLAMATION

WHEREAS it has become necessary to strengthen the National Intelligence and Security Service so as to protect and defend the sovereignty of the Federal Democratic Republic of Ethiopia, the constitution and constitutional order;

WHEREAS it has become essential  to determine the power, duties and accountability of the National Intelligence and Security Service to promote the peace, development, democracy and good governance in the country;

WHEREAS it has become necessary to build a modern and strong National Intelligence and Security Service that is  loyal and resilient to the constitution and constitutional order of the Federal Democratic Republic of Ethiopia and conscious of the national and international objective situations;

NOW, THEREFORE, in accordance with sub-articles (1) and (7) of Article 55 of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

DOWNLOAD FULL TEXT

ENGLISH VERSION

AMHARIC VERSION


Filed under: Draft Laws

Capital Goods Leasing Business (Amendment) Proclamation No. 807/2013

$
0
0

PROCLAMATION No. 807/2013

PROCLAMATION TO AMEND THE CAPITAL GOODS LEASING BUSINESS PROCLAMATION

WHEREAS, it has became necessary to amend the Capital Goods Leasing Business Proclamation No.103/ 1998;

NOW, THEREFORE, in accordance with Article55 (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 “Capital Goods Leasing Business (Amendment) Proclamation No. 807/2013″.

2. Amendment

The Capital Goods Leasing Business Proclamation No. 103/ 1998 is hereby amended as follows:

DOWNLOAD FULL TEXT

Following the issuance of the new amendment the National Bank of Ethiopia has issued two directives for its implementation.

Clink the links below to download.

  • LICENSING AND SUPERVISION OF THE BUSINESS OF CAPITAL GOODS FINANCE COMPANIES

Requirements for Licensing of Capital Goods Finance Business Directives No. CGFB /02/ 2013    DOWNLOAD

  • LICENSING AND SUPERVISION OF THE BUSINESS OF CAPITAL GOODS FINANCE COMPANIES

Minimum Paid Up Capital Requirement Directives No.CGFB /01/ 2013      DOWNLOAD


Filed under: Articles, Investment, Legislation, Trade and`Commerce

The Arab American News – Woman sentenced to 37 years in prison for starving adopted Ethiopian child to death  

$
0
0

The Arab American News – Woman sentenced to 37 years in prison for starving adopted Ethiopian child to death  .

Source: The Arab American News

WASHINGTON — A U.S. woman was sentenced to 37 years in prison on Tuesday, Oct. 29,  for starving her Ethiopia-born adopted daughter and leaving her to die outside in the cold in Washington state.
Stay-at-home mother Carri Williams, 42, was convicted last month of homicide by abuse, in connection with the 2011 death of 13-year-old Hana Williams, who was adopted in 2008.

The Arab American News - Woman sentenced to 37 years in prison for starving adopted Ethiopian child to death  

The girl’s father, Larry Williams, 49, was convicted of first-degree manslaughter and sentenced on Tuesday to 28 years in prison.. The jury deadlocked on a charge of homicide by abuse against the man.

The family lived in Sedro-Woolley, a town about halfway between Seattle and Vancouver, British Columbia.
Hana Williams died of hypothermia in May 2011, after being found bruised and unconscious in the backyard shortly after midnight in temperatures hovering around 40 degrees.
In addition to the charges linked to Hana’s death, the couple were found guilty of assault of a child, stemming from maltreatment of their 10-year-old son, who was also adopted from Ethiopia and has been removed from the Williams’ home.

Filed under: Legal news update

PROCLAMATION No. 802-2013 A PROCLAMATION TO AMEND THE MINING INCOME TAX PROCLAMATION

$
0
0

DOWNLOAD Pdf

PROCLAMATION No. 802-2013

A PROCLAMATION TO AMEND THE MINING INCOME TAX PROCLAMATION

WHEREAS, it has became necessary to amend the Mining Income Tax Proclamation;

NOW THEREFORE, in accordance with Article 55( I) 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 “Mining Income Tax (Amendment) Proclamation No. 802/2013″

2. Amendment
Paragraph (a) and (b) of sub-article (I) of Article

3 of the Mining Income Tax Proclamation No.53/J993 (as amended) are hereby deleted and replaced by the following new sub-article (J):

“1/ in the case of a large scale mining license holder 25% of taxable income.”

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

Done at Addis Ababa this 26th day of July. 2013

GIRMA WOLDEGIORGIS PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA


Filed under: Legislation, Mining law

New Prclamations 2013 (2005 E.C.)

$
0
0

Proclamation No. 787/2013 OPEC  Fund  for  International  Development Loan  Agreement  for  Financing  the  Rural Electrification  Project  in  Gode  – Kebridehar Ratification Proclamation  DOWNLOAD

Proclamation No. 788/2013 Arab  Bank for  Economic  Development  in  Africa Loan  Agreement  for  Financing  the  Rural Electrification  Project  in  Gode-Kebridehar Project Ratification  Proclamation DOWNLOAD

Proclamation No.  789/2013 Economic  and  Technical  Co-operation Agreement with the Government of the State of Qatar Ratification Proclamation  DOWNLOAD

Proclamation No. 79112013 International Convention  for  the  Prevention  of Pollution  from  Ships  (MARPOL  73/78) Ratification Proclamation  DOWNLOAD

Proclamation No. 79212013 Convention  on  the  Suppression  of  Unlawful Acts Against the Safety of Maritime Navigation Ratification Proclamation  DOWNLOAD

Proclamation No. 800/2013 African  Development  Fund  Loan  Agreement for  Financing  Drought  Resilience  and Sustainable  Livelihoods  Programme  in  the Horn  of  Africa  Ethiopia  Project  Ratification Proclamation  DOWNLOAD

Proclamation No. 801/2013 Commercial  Registration  and  Business Licensing(Amendment) Proclamation DOWNLOAD

Proclamation No. 805/2013 Export  Import  Bank  of  India  Credit  Agreement  to Provide Credit for Financing the Assayta-Tadjourah Railway  Project  Ratification  Proclamation  DOWNLOAD

Proclamation No. 790/2013 Foreign Service Proclamation  DOWNLOAD

Proclamation No. 794/2013 International Development Association Financing Agreement for the Financing of Health Millennium Development Goals Program for Results Ratification Proclamation    DOWNLOAD

Proclamation No. 795/2013 Export-Import Bank of China Loan Agreement for Financing the Adama Wind Power Construction Project (Phase II) Ratification Proclamation DOWNLOAD

Proclamation No. 796/2015 Global Green Growth Institute Establishment Agreement Ratification Proclamation    DOWNLOAD

Proclamation No. 797/2013 Nile Basin  Cooperative  Framework  Agreement Ratification Proclamation  DOWNLOAD

Proclamation No. 802/2013 Mining  Income  Tax  (Amendment)  Proclamation  DOWNLOAD

Proclamation No. 804/2013 National  Intelligence  and  Security  Service  Re-establishment Proclamation   DOWNLOAD

Proclamation No. 80712013 Capital  Goods  Leasing  Business  (Amendment) Proclamation  DOWNLOAD


Filed under: law, Legislation

Ethiopian migrant killed in Saudi crackdown

$
0
0

Ethiopian migrant killed in Saudi crackdown – Middle East – Al Jazeera English.

The man was trying to resist arrest, authorities say, as they pursue a crackdown on illegal workers, arresting 16,000

An Ethiopian migrant has been killed by Saudi police after he tried to flee arrest during a round-up of thousands of foreigners suspected of working illegally in the kingdom.

A statement on Wednesday by Riyadh police chief Nasser el-Qahtani said security forces killed the African migrant worker in el-Manhoufa a day earlier when he and others tried to resist arrest.

The security sweep comes after seven months of warnings by Saudi Arabia’s government, which has created a task force of 1,200 Labour Ministry officials who are combing shops, construction sites, restaurants and businesses in search of foreign workers employed without proper permits.

More than 16,000 people have already been rounded up, according to authorities.

Strict labour law

Police have also erected checkpoints to enforce the kingdom’s strict labour rules that make it almost impossible to remain in the country without official sponsorship by an employer.

Residents said most shops have been closed since the sweep began on Monday, with many of the country’s migrants avoiding the streets where they face possible arrest.

The state-backed Saudi Gazette reported on Wednesday that residents are already feeling the brunt of the everyday work the migrants provided, from ritual washings of corpses before burial to food delivery and bagging groceries.

Authorities say that since warnings were issued earlier this year, almost seven million foreigners in Saudi Arabia corrected their paperwork to accurately reflect their occupation and workplace.

The kingdom also issued more than one million final exit visas, which ban people from ever returning.

The Saudi-owned Asharq al-Awsat newspaper reported that authorities detained around 16,500 workers in the first 48 hours of the nationwide crackdown.

The newspaper quoted Saudi officials as saying that nearly half of the migrants were arrested near the southern border with Yemen.

Another 5,000 had been detained in Mecca, where some Muslims stay on illegally after pilgrimage.

Less than 1,000 were detained in the main city of Riyadh.

A resident in the poorer neighborhood of el-Manhoufa in Riyadh told the Associated Press news agency he saw police stopping people outside a mosque after prayers and arresting those who did not have the correct papers on them.


Filed under: Employment law, Legal news update

Ethiopia condemns Saudi crackdown on workers

$
0
0

PressTV – Ethiopia condemns Saudi crackdown on workers.

Ethiopian Foreign Minister Tedros Adhanom has condemned Saudi Arabia for its brutal crackdown on migrant workers in the kingdom.

Saudi authorities have launched the weeklong visa crackdown on foreign workers, killing three people, including an Ethiopian national.
“This is unacceptable. We call on the Saudi government to investigate this issue seriously. We are also happy to take our citizens, who should be treated with dignity while they are there,” Adhanom said on Sunday.
Ethiopia’s top diplomat said Addis Ababa has formally complained to Riyadh and is now working to bring its citizens back home.
Saudi security forces on Saturday clashed with thousands of migrant workers protesting a new labor law.
Two people were killed and nearly 70 others injured after police opened fire to disperse protesters in the capital Riyadh. More than 500 protesters were also detained.
On Wednesday, the Ethiopian man was killed during another crackdown, prompting the Ethiopian government to announce efforts to bring home its citizens.
Riyadh has announced plans to create jobs for Saudi nationals by reducing the number of foreign workers totaling some nine million people.
Hundreds of thousands of workers have already left the kingdom amid tougher conditions for migrants.
Foreign workers cannot change jobs or leave Saudi Arabia without the permission of their sponsors, who are often Saudi companies or individuals who provide workers to businesses for profit.
Most of the sponsors take away the passports of the workers for the duration of their contract.
Human rights groups have criticized Saudi Arabia over the condition of migrant workers in the kingdom and called on Riyadh to abolish the sponsorship system for migrant workers.


Filed under: Employment law, Legal news update

Regional Civil Servants Laws and Directives

$
0
0

Addis Ababa Administration

Addis Ababa Administration Civil servants Proclamation No. 6-2000 E.C. DOWNLOAD

የአዲስ አበባ ከተማ አስተዳደር የመንግሥት ሠራተኞች አዋጅ ቁጥር 6/2ዐዐዐ

Addis Ababa Administration Civil Servants Disciplinary and Grievance Procedure Directive DOWNLOAD

በአዲስ አበባ ከተማ አስተዳደር የመንግስት ሠራተኞች የዲሲፕሊንና የቅሬታ አቀራረብ አፈጻጸምና መመሪያ

Addis Ababa Administration Permanent Employees Recruitment Procedure Directive DOWNLOAD

የአዲስ አበባ ከተማ አስተዳደር የቋሚ መንግስት ሠራተኞች የቅጥር አፈጻጸም መመሪያ

Harari National Regional State

Harari National Regional State Civil Servants Proclamation No.34-1996 E.C.  DOWNLOAD

የሐረሪ ህዝብ ብሔራዊ ክልላዊ መንግስት የመንግስት ሰራተኞች አዋጅ ቁጥር 34-19996

Rights and  Benefits  of  Outgoing  Senior  Government Officials,  Members  of  Parliament  and  Judges  of the  Harari National  Regional  State Proclamation (Amendment) No. 93-2002 E.C.  DOWNLOAD

Amhara National Regional State

Proclamation No. 171 /2010  The Amhara National Regional State Civil  Servants  Revised Proclamation  DOWNLOAD

Regulation no.18.2004 the Civil Servants Screening Council of Regional government Regulation    DOWNLOAD

Regulation no.35.2005 the Civil Servants’ Screening Regulation Amendment DOWNLOAD

Rights and  Benefits  of  Outgoing  Senior  Government Officials,  Members  of  Parliament  and  Judges  of the  Amhara  National  Regional  State Proclamation No. 172/2010  DOWNLOAD

Amhara Natioal Regional State Revenue Authority Employees Administration Regulation DOWNLOAD

Amhara National Regional State Revenue Authority Employees Ethical Code of Conduct Directive No. 1-2003 E.C. DOWNLOAD

የአማራ ብሔራዊ ክልላዊ መንግስት የገቢዎች ባለስልጣን የስነ-ምግባር መመሪያ ቁጥር 1-2003

Amhara National Regional State Civil Servants Job Performance Evaluation Directive     DOWNLOAD

የአማራ ብሔራዊ ክልላዊ መንግስት የመንግስት ሰራተኞች የስራ አፈጻጸም ምዘና መመሪያ

Dire Dawa Administration

Dire Dawa Civil Servants Proclamation    DOWNLOAD

Dire Dawa Administration Job Grade Determination and Assignment for Sector Agencies and Kebele Administrations Implementing BPR    DOWNLOAD

በድሬዳዋ አስተዳደር መሰረታዊ የስራ ሂደት ለውጥ ጥናት ላካሄዱ የአስተዳደሩ ሴክተር መስሪያ ቤቶችና ቀበሌዎች ውስጥ የተፈፈቀዱ የስራ መደቦች የስራ ምደባና ደረጃ አወሳሰን አፈጻጸም መመሪያ


Filed under: Articles, Labour and Employment law

U.S. prosecutors urge 22 years for brutal Ethiopian prison guard – The Denver Post

$
0
0

U.S. prosecutors urge 22 years for brutal Ethiopian prison guard – The Denver Post.

Kefelgn Alemu Worku, an Ethiopian who tortured and killed during a period of political turmoil in the African nation, should get 22 years in a U.S. prison — the maximum sentence allowed for his immigration fraud conviction, prosecutors said in a court document.

“Justice demands nothing less,” according to a sentencing statement filed in U.S. District Court in Denver.

Federal sentencing guidelines for Alemu Worku’s immigration violations recommend a sentencing range of zero to 18 months, but the law allows up to 10 years for each of two counts on which he was convicted, and two more years for a third.

It is unclear if upon release from prison Alemu Worku could be deported to his own country, where he has been sentenced to death, according to the sentencing statement filed by prosecutors.

Alemu Worku was convicted of immigration fraud last month after a five-day trial in which victims of Ethiopia’s Red Terror testified that he was a brutal guard at the Higher 15 prison during the late 1970s. He was convicted of assuming another man’s identity and lying about his background.

“While former Higher 15 prisoners in the United States continue to live every day with the physical aches and pains of their injuries and mental anguish resulting from their torture at the hands of or pursuant to the orders of the defendant, the defendant lived comfortably, safely, and free of any adverse consequences resulting from his commission of politically-motivated torture and murder during the eight years prior to his arrest in the United States and for unknown years in Kenya,” according to the document.

According to the sentencing statement, an Ethiopian Federal High Court convicted Alemu Worku in absentia of genocide on Nov. 13, 2000.

At the time, Alemu Worku, who had been a member of the ruling Marxist Derg junta before it was overthrown, was apparently living as a refugee in Kenya.

After finding that he “unjustly killed 101 … innocent individuals and inflicted injury through torture,” the court sentenced him to death, according to the statement.

On release from an American prison, the Department of Homeland Security would likely pursue his removal to Ethiopia.

But the deportation of Alemu Worku, who is in his mid to late 60s, poses challenges, and could require lengthy adjudication, the document said.

If Ethiopia refused to take him, or he was granted protection under the international Convention Against Torture, it isn’t clear where he could be sent, according to the document.

“The duration of litigation in a removal case can range from months to several years. It is premature to determine now whether the defendant would be subject to detention during any removal proceedings.”

Though he faces a death sentence in his homeland, the last known execution in Ethiopia was in 2007. “Conditions in Ethiopia at the current time do not suggest that a death sentence would be carried out,” according to the document.

In fact, the document said, “there is no record of Ethiopia having carried out any executions of former Derg members … a number of Derg members were pardoned entirely and released.”


Filed under: Legal news update

Guide to Judicial Review Jurisdiction of Federal Courts

$
0
0

Guide to Judicial Review Jurisdiction of Federal Courts

Do courts in Ethiopia have an inherent power to review the legality of administrative actions? Most legal scholars in Ethiopia are strong adherents of the ‘inherent power’ approach arguing that courts have inherent power to review acts of administrative agencies. However, such an argument is unpalatable to the Cassation Bench. In one case submitted to the bench (Ethiopian privatization and public enterprises supervising agency Vs. heirs of Ato Nur Beza, Casation File Number 23608 date Hidar 3-2000 E.C.) it was held that the source of judicial power in Ethiopia is statute. Courts do not have inherent judicial power and there is no legal framework governing the judicial review of administrative actions.

In spite of the strong words of the bench, not all cases involving judicial review of administrative action are rejected for lack of ‘inherent’ judicial power.  When a directive was challenged on the ground of ultra-virus (beyond power) neither the lower courts nor the cassation bench rejected the legal action on procedural grounds i.e. lack of inherent judicial power or the absence a legal framework governing the judicial review of administrative actions (See Ethiopian National Bank Vs. 1. Hibret Insurance Company 2.Mr. Eyesuswork Zafu 3. Mr. Workeshet Bekele Demisie Cassation File Number 44226 Date Tahesa 15-2003 E.C.) The Federal First Instance Court invalidated some provisions of the directive and its decision was affirmed by the appellate Federal High Court. Both decisions of the lower courts were overturned by the Cassation Bench, but unlike the Ethiopian privatization case (Casation File Number 23608) it was not on procedural grounds. On substantive grounds the bench stated that the issuance of the directive is within the scope of power of the Bank.

Now, let’s leave the issue of inherent judicial power of review and turn to statutory review. To what extent is statutory review available in Ethiopia? In general terms, a legal framework governing the judicial review of administrative actions (if that is to mean a single statute governing judicial review of administrative actions) is not yet available. However, different legislations clearly provide for reviewable administrative actions including which specific court has a power of review. These legislations are scattered here and there making it difficult to determine the scope of power of courts and the extent of availability of review.

What follows is a summary of legal provisions providing statutory review. I have tried to make the list comprehensive. Please let me know if a relevant proclamation is not included.

Finally, as you can see there four categories;

  • Federal first Instance Court
  • Federal High Court
  • Federal Supreme Court and
  • Regular Courts.

The reference to regular courts is due to the lack of clarity of the statute. When the law says “An employee aggrieved by the administrative decision of the top management may present his case to the regular courts” it is difficult to be certain as to which court it is referring to. For this reason, I created a 4th category, leaving it to ‘readers’ discretion’ of interpretation.

Click on the links below or the numbers at the bottom to go to a specific page.

Federal first Instance Court

Federal High Court

Federal Supreme Court and

Regular Courts


Filed under: Articles

New Proclamations and Regulations 2013/14

$
0
0

Proclamations

Proclamation No. 808/2013 Information Network Security Agency Re-establishment Proclamation DOWNLOAD

Proclamation No. 810/2013 Energy Proclamation DOWNLOAD

Proclamation No. 811/2013 Trucks Demurrage Proclamation DOWNLOAD

Proclamation No. 812/2013 Export – Import Bank of China Loan Agreement Periods Additional Loan for Addis Ababa Adama Toll Motorway Design and Build and a Loan for Addis Ababa Toll Motorway Phase II Project Ratification Proclamation DOWNLOAD

Proclamation No. 815/2013 Bilateral Air Service Agreement Between the Government of the Federal Democratic Republic of Ethiopia and the Government of the Republic of Senegal Ratification Proclamation DOWNLOAD

Proclamation No. 818/2014  Urban Land Registration Proclamation DOWNLOAD
Proclamation 823/2014 International Development Association Financing Agreement for Financing the Second General Education Improvement Project II, Ratification Proclamation DOWNLOAD

Proclamation 824/2014 International Development Association Financing Agreement for Financing the Sustainable Land Management Project II , Ratification Proclamation DOWNLOAD

 

Regulations

 

Regulation No. 298/2013 Public Service Employee’s Transport Service Enterprise Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 299/2013 Food, Medicine and Health Care Administration and Control Council of Ministers Regulation DOWNLOAD

Regulation No. 300/2013 Insurance Fund Administration Agency Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 301/20 13 Ethiopian Public Health Institute Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 302/2013 Ethiopian Electric Power Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 303/2013 Ethiopian Electric Utility Establishment Council of Ministers Regulation DOWNLOAD

 


Filed under: Finance, Investment, Legislation, public enterprises, telecommunications

Index to Cassation Deisions Volume 15

$
0
0
volume 15 Table of Contents_Page1

Index to cassation decisions volume 15

The Federal Supreme Court has released the index to volume 15 of cassation decisions.

Click the link below to download the file.

volume 15 Table of contents  DOWNLOAD

 

 


Filed under: Articles, Cae Comment

2013/14 Exit Exam Question Papers

$
0
0

National Educational Assessment and Examinations Agency (NEAEA)

National Exit Examination for

LL.B Programme Students of Ethiopian Law Schools

Academic Year 2013/2014

Part I:  Private Laws                          DOWNLOAD
Part II:  Public Laws                          DOWNLOAD

Part III:  Procedural Laws and Skill Courses    DOWNLOAD

Part IV:  Miscellaneous Courses      DOWNLOAD


Filed under: Articles

Viewing all 992 articles
Browse latest View live


<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>