PROCLAMATION NO. 449/2005
A PROCLAMATION TO PROVIDE FOR THE RE-
ESTABLISHMENT OF THE CENSUS COMMISSION
WHEREAS, population census results are requisite for the constitutional organization and preparation of the political system targeted upon the improvement of the standard of living of the people;
WHEREAS, ascertainment of actual population size is a reliable basis for the execution of elections conducted at the national or at a certain regional administration level;
WHEREAS, the effecting of the constitutional provision on the establishment of a commission, in consideration of the necessity, extensiveness and complexity of the task, calls for a legislation providing the details thereof;
WHEREAS, the established commission under proclamation No. 180/1999 was found to be creating duplication of efforts among federal institutions;
NOW, THEREFORE, in accordance with Articles 103 and 55 (1) of the Constitution, it is hereby proclaimed as follows:
1. Short Title
This Proclamation may be cited as the “Census commission Re-establishment Proclamation No. 449/2005.”
Unless the context requires otherwise, in this Proclamation:
1/ “Population census” or “census” means the collection, compilation, evaluation and dissemination of statistical data on population size, sex, age, marriage, educational level, manpower, types of occupation, occupational engagement, birth, death, migration as well as such other social and economic factors at the national, regional, or at a certain regional administration level;
2/ “Census Cartography Works” means the prior delineation of area maps for enumeration and supervision to avoid omission and duplication of census counts;
3/ “House” means the House of Peoples’ Representatives of the Federal Democratic Republic of Ethiopia;
4/ “Person” means a natural or Juridical person;
5/ “Authority” means the Central Statistical Authority.
1/ The Population Census Commission (herein after referred to as “the Commission”) is hereby established;
2/ The commission shall be accountable to the House
The Objective of the Commission is:
To collect, compile, evaluate and disseminate population data which would be of use in the preparation of plans, the evaluation of plan execution and follow up for administrative purposes, for conducting elections, as well as for research purpose.
5. The Structure of the Commission
1/ Pursuant to the provisions of Sub-Article (2) of Article 103 of the Constitution, members of the Commission shall be appointed by the House upon the recommendation of the Prime Minister.
2/ The Chairman of the Commission shall be designated by the House upon recommendation of the Prime Minister from Federal Ministry Ministers or above ranking officials;
3/ The Authority shall surve as secretariat of the Commission. The Authority shall be accountable to the Commission only concerning population census;
4/ The general manager of the Authority shall be member and head secretary of the Commission.
6. Composition of Members
The composition of the members of the Commission shall be from Federal Ministers, National Electoral Board, House of the Federation, the Nine Regions, Addis Ababa and Dire Dawa Administrations.
7. Powers and Duties of the Commission
The Commission shall have the following powers and duties:
1/ Initiate that general census be conducted for the preparation of statistics of the population categorized into sex and age, in regions, zones, woredas, towns as well as in towns and rural districts;
2/ formulate policy directives on census cartography works and census, and follow up their implementation;
3/ popularize the essence of census cartography works as well as of census;
4/ establish, in accordance with regulations it issues, Commissions at the time fixed for conducting census at Regional, woredas and other administration levels where it deems it necessary; determine their powers and duties, designate the members there to and decide on their rules of procedures;
5/ make available, the number and spread of nationalities, based on the list submitted by the House of Federation, and through population census;
6/ initiate categorization of the population number of nationalities found in zones, woredas, towns and rural districts of each Region, into sex and age as well as in rural and towns;
7/ cancel census results and order for, upon notification to the House, its being conducted a new, should it find a sufficient proof that a census conducted under this Proclamation is fraudulent, in extent and nature, to the point of invalidating the final results;
8/ verify census results, submit to the House, as well as officially declare and disseminate same;
9/ submit the budget of the population census to the House for approval and supervise the proper utilization of same;
10/ submit to the House periodic reports on the performance of its activities.
8. Meetings of the Commission
1/ The Commission shall meet, at least, once annually;
2/ There shall be a quorum where more than half of the members of the Commission are present at its meetings;
3/ Decisions of the Commission shall be passed by a majority vote; provided that, in case of a tie, the chairman shall have a casting vote;
4/ Without prejudice to the other provisions of this Article, the Commission may draw up its own rules of procedure.
9. Powers and Duties of the Chairman
The Chairman of the Commission shall:
1/ convene and preside over meetings of he Commission;
2/ ensure the proper implementation of the decisions of the Commission;
3/ supervise, as the final authority, the activities of the Secretariat of the Commission, in connection to that of population census.
10. Powers and Duties of the Secretariat
The Secretariat shall have the powers and duties to:
1/ undertake census cartography works;
2/ prepare and submit to the Commission census plans;
3/ conduct census works; and to this end, direct, coordinate and supervise the activities of other commissions to formed pursuant to Article 7(4) of this Proclamation.
4/ prepare and distribute questionnaires, directives diverse forms and materials required for census;
5/ examine documents and records pertaining to collection of population data; enter, at reasonable hours, any private houses or premises for carrying out such examination;
6/ train manpower required for the execution of census;
7/ utilize the personnel, property and services of any other government office, where it finds it necessary, upon the approval of the government, at the time fixed pursuant to Article 7 (1) and (2) of this proclamation for undertaking census cartography works or for conducting census;
8/ organize, the census data collected, analyze the same, prepare a report thereon and submit same to the Commission for approval;
9/ evaluate the execution of census conducted at various times and cause, as necessary, the under taking of studies on ways of improving same;
10/ carry out other relevant activities in accordance with the guidance to be given to it by the Commission.
1/ shall have its capital budget for census allocated by the government;
2/ may seek and obtain foreign assistance during the time fixed for conducting census.
1/ Any person or organization shall have the obligation to cooperate in the discharge of census activities;
2/ Any person or organization required to furnish information for census purposes, in accordance with this Proclamation, shall have the obligation to provide it correctly to the enumerator or supervisor hearing an identification card issued by the Secretariat.
3/ Any owner, possessor, keeper of a house or a premise, or an agent thereof, shall have the obligation to allow entry to such a property the enumerator or supervisor bearing an identification card issued by the Secretariat.
13. Confidentiality of Information
The Secretariat may not divulge census data collected that are not compiled otherwise than by the order of a court of law.
Provided that the penalty in the relevant article of the penal code is not exceeding the punishment in this Article, any person who:
1/ is unwilling to furnish information for census; shall upon conviction, be punishable to imprisonment up to six months; where the offender is a juridical person a fine of not more that Birr 2000 shall be imposed;
2/ furnishes false information regarding same; or obstructs the collection, by way of entry to property specified under Article 10 (5) of this Proclamation, of census data; shall, upon conviction, be punishable to imprisonment not exceeding one year; where the offender is a juridical person a fine of not more than Birr 5,000 shall be imposed.
15. Repealed and Inapplicable Laws
1/ The Population and Housing Census Commission Establishment Proclamation No. 180/1999;
2/ Any law, regulations, directives or practice inconsistent with this Proclamation shall not be applicable with respect to matters provided for herein.
16. Power to Issue Regulations and Directives
The Commission may issue regulation and directives necessary for the effective implementation of this Proclamation.
17. Transfer of Rights and Obligations
The rights and obligations of the secretariat of the commission established under Article 180/1991 are hereby transferred to the Authority.
18. Effective Date
This Proclamation shall come into force on the 26th day of May, 2005
Done at Addis Ababa, this 26th day of May, 2005
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIPIA