PROCLAMATION NO. 556/2008.
A Proclamation to provide for the establishment of
The Secretariat of the House of Federation of the
Federal Democratic Republic of
WHEREAS, the House of Federation is composed of elected representatives of Nations, Nationalities and Peoples;
WHEREAS, it has become necessary to establish the Secretariat of the house of Federation so as to make the House properly carryout the powers, duties and responsibilities vested to it by the constitution as well as to enable the speaker to lead administrative activities of the house in an integrated manner;
WHEREAS, it has become necessary to establish the secretariat in such a way to give services to the House and the Council of Constitutional Inquiry with a view to enable these bodies discharge their responsibilities effectively, having proper organizational structure and sufficient manpower;
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 “Establishment of the Secretariat of the House of Federation Proclamation No 556/2008”
Unless the context otherwise requires:
1/ “House” means the House of Federation of the Federal Democratic Republic of Ethiopia established in accordance with Article 53 of the Constitution.
2/ “Speaker” and “Deputy Speaker” means the Speaker and Deputy Speaker of the House elected in accordance with Article 61/11/ of the Constitution.
3/ “Inquiry Council” means the Council of Constitutional Inquiry of the Federal Government established in accordance with Article 82 of the Constitution.
4/ “committees” means the standing and ad hoc committees to be established by the House as per Article 62/10/ of the Constitution.
5/ “Coordinating committee” means a committee established by the House comprising the Speaker, the Deputy Speaker, Chairpersons and Vice Chairpersons of the standing committees as well as representatives of the sub standing-committees.
1/ The Secretariat of the House of Federation (hereinafter referred to as “the Secretariat” is hereby established by this Proclamation as an organ having juridical personality.
2/ The Secretariat shall be accountable to the speaker.
The Secretariat of the House
4. Powers and Duties of the Secretariat
As per the directive given by the Speaker, the secretariat shall have the powers and duties to:
1/ Render general administrative, secretarial, clerical, reception and information services to the House and its committees, Speakers, members of the House and to the Inquiry Council;
2/ Based on the decisions of the Speaker or Deputy Speaker of the House or the chairperson of the Inquiry Council, call members for the next meeting as well as distribute agendas and necessary documents prior to the meeting;
3/ Deliver reception services to guests of the House and the Speakers;
4/ Arrange that:
a) minutes, decisions, positions, documents and books of accounts, and
b) necessary books, handouts, research papers, as well as other documents of the House, the Inquiry Council and the secretariat are properly collected and organized to render appropriate service;
5/ prepare publish and distribute magazines, journals, and pamphlets concerning the position, work procedure and mission of the House, the Council of Constitutional Inquiry and the Secretariat;
6/ undertake study and research pertaining to the powers, duties, working procedures, organizational structure as well as relevant laws of the House and the Constitutional Inquiry Council when directed and submit the result with professional recommendation;
7/ prepare progressive formula for the division revenues derived from joint Federal ad State tax sources and the subsidies that the Federal Government may provide to the states based on the direction given from the standing committee of the House and submit the same to the committee;
8/ Undertake study and provide comment when the Inquiry Council requires the House for such comment on the process of interpreting the constitution or when the standing committee requires lodged against the decision the Constitutional Interpretation is not required.
9/ In collaboration with the concerned standing committee of the House, devise different ways with a view to aware the public on the principles of the constitution as well as on the powers and duties of the House;
10/ As per the direction of the standing committee, study, identify and submit civil matters which require the enactment of laws to establish and sustain one economic community;
11/ Undertake study on the identity of Nations, Nationalities and people’s of Ethiopia based on the instruction given, and submit the out-come of the study to the concerned standing committee;
12/ Undertake assessment, analysis and defensive strategy study and submit the out come to the committee where ordered to examine inter-state disputes and misunderstandings among peoples.
13/ Provide the necessary support so as to make the domestic and international relations of the House successful;
14/ Upon the direction given by the House, investigate and examine complaints raised by Nations, Nationalities and peoples’ pertaining to inter-state disputes and submit recommendation to the concerned standing committee;
15/ Follow up and evaluate the implementation of the decisions passed by the House and their outcome with professional comment up on the order of the Speaker;
16/ Own property, enter into contract, sue, and be sued in its own name;
17/ Perform such other duties assigned to it by the House and the Speaker.
5. Organization of the Secretariat
The Secretariat shall have:
1/ A Head who is a professional and non-member of the House to be recommended by the Speaker and appointed by the coordinating committee;
2/ Heads of departments whose number is to be fixed, as may be necessary, and be assigned by the Speaker;
3/ The necessary staff.
4/ Heads of the departments of the secretariat, mentioned in sub Article /2/ of this Article shall not be governed by the Federal Civil service Law.
6. The Secretariat’s Employees Administrative
Regulation, Organizational Structure and
1/ The Secretariat’s employees administrative regulation shall be prepared in accordance with the basic principles of the General Civil Service Laws and be implemented upon the approval of the House.
2/ The secretariat’s organizational structure and salary scale shall be prepared in a manner that takes into account the economic capacity of the State and shall be implemented upon approval by the coordinating committee.
3/ The secretariat shall, in accordance with sub Article /2/ of this Article, implement the structure and salary scale upon approval.
7. Powers and Duties of the Head of the Secretariat
1/ The Head of the secretariat shall, as per the directives given by the Speaker and pursuant to the administrative regulation, direct and administer the activities of the secretariat.
2/ Without prejudice to the provisions of sub article /1/ of this Article, the Head of the secretariat shall:
a/ exercise the powers and duties of the secretariat as specified under Article 4 of this proclamation;
b/ recruit and administer the employees of the secretariat in accordance with administrative regulation issued by the House taking into account the general principles of the Federal civil service Laws as stated in Article 45 of proclamation No. 251/2001 enacted to consolidate the House and to define its powers and responsibilities;
c/ submit the Secretariat’s Organizational Structure and salary scale as provided in Article 6(2) of this proclamation to the coordinating committee and implement the same upon approval;
d/ prepare and submit to the Speaker, the annual work plan of the secretariat and implement the same upon approval;
e/ effect expenditure inconformity with financial laws as well as in accordance with the approved budget and action plan of the secretariat;
f/ represent the secretariat in its relations with third parties;
g/ prepare performance and financial account reports of the Secretariat and submit the same to the Speaker;
h/ perform such other functions as assigned to him by the Speaker and Deputy Speaker.
3/ The Head of the Secretariat may delegate part of his powers and duties to subordinate officials and other employees of the secretariat to the extent necessary for the effectiveness of the office; provided, however, that, if the acting Head is delegated for more than 30 days, such representation shall be submitted to and get the approval of the Speaker thereon.
The secretariat shall administer the annual budget allocated to the House and see to it that it is appropriately utilized.
9. Books of Accounts
1/ The secretariat shall keep complete and accurate books of accounts.
2/ Books of accounts and financial documents of the secretariat shall be audited by the Auditor General annually. Provided, however, that the Speaker may order books of accounts and documents be audited, wholly or partly at any time he deems it necessary.
10. Power to issue directives
The coordinating committee may issue various directives for the implementation of this proclamation and regulations to be issued by the House.
11. Repealed and Non-Applicable Laws
1/ Laws, regulations, directives or customary practices that are inconsistent with this proclamation shall be of no effect with matters provided for under this proclamation.
2/ Articles 5, 14, 15 and 16 of proclamation No. 250/2001 and Article 40 and 44 of proclamation No. 251/2001 are hereby repealed by this proclamation.
12. Effective Date
This proclamation shall enter into force as of the date of its publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 1st day of January, 2008
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF