Federal Negarit Gazeta Establishment Proclamation No. 3/1995

785 Pages·2017·8.24 MB·English

COMPENDIUM OF KEY
ENVIRONMENTAL LAWS OF
ETHIOPIA

Abdulkader M. Yusuf and Mahlet Fitiwi (Editors)
Compendium of Key Environmental Laws of Ethiopia

Copyright © 2017 by Abdulkader M. Yusuf and Mahlet Fitiwi

Research and design of the Compendium was funded by the financial assistance of Moha
Soft Drinks Industry S.C.

Web design:
Mikias Yitbarek – [email protected]

Cover Design:
Noh Balcha – BTMN Studios – [email protected]

For free electronic copies of this book, please visit: www.envlaws.com
CONTENTS
Foreword i
Introduction 1
1. Constitution of the Federal Democratic Republic of Ethiopia 3
2. Establishment of the Federal Negarit Gazeta 19
3. Legal Framework on Environmental Protection 20
3.1. Environmental Conservation and Natural Resources Management 20
3.1.1. Biodiversity 20
A Proclamation to Provide for Access to Genetic Resources and Community Knowledge and
Community Rights 20
Council of Ministers Regulation to Provide for Access to Genetic Resources and
Community Knowledge, and Community Rights 35
A Proclamation on Biosafety 50
Council of Minsters Regulation to Establish the Ethiopian Biodiversity Institute 61
3.1.2. Water Resources 66
Ethiopian Water Resources Management Proclamation 66
Ethiopian Water Resources Management Regulations 79
A Proclamation to Provide for the Establishment of the Water Resources Development
Fund and its Administration 93
River Basin Councils and Authorities Proclamation 99
Council of Ministers Regulation to Provide for the Establishment of the Abbay Basin High
Council and Authority 107
Council of Ministers Regulation to Providefor the Establishment of Awash Basin High
Council and Authority 110
Council of Ministers Regulation to Provide for the Establishment of the Rift Valley Lakes
Basin High Council and Authority 113
Council of Ministers Regulations to Provide for the Establishment of the Water Works
Design and Supervision Enterprise 116
Council of Ministers Regulation to Provide for the Establishment of the Ethiopian Water
Works Construction Enterprise 118
Council of Ministers Regulation to Establish the Ethiopian Water Technology Institute 121
3.1.3. Wildlife and Forests 125
A Proclamation to Provide for the Development Conservation and Utilization of Wildlife 125
A Proclamation to Provide for Ethiopian Wildlife Development and Conservation Authority
Establishment 133
Council of Ministers Regulations to Provide for Wildlife Development, Conservation and
Utilization 137
Council of Ministers Regulation to Provide for the Designation of Awash National Park 166
Council of Ministers Regulations to Provide for the Designation of Alitash National Park 172
Council of Ministers Regulations to Provide for the Designation of Gambella National Park
178
Council of Ministers Regulations to Provide for the Designation of Qafta Shiraro National
Park 184
Council of Ministers Regulations to Provide for the Designation of Senkele Swayne’s
Hartebeests Sanctuary 192
Council of Ministers Regulation to Provide for the Designation of Simien Mountains
National Park 198
Council of Ministers Regulations to Provide for the Designation of Bale Mountains National
Park 221
A Proclamation to Provide for the Development Conservation and Utilization of Forests 234
3.1.4. Agriculture 246
A Proclamation to Provide for the Establishment of the Ethiopian Agricultural Research
Organization 246
Fertilizer Manufacturing and Trade Proclamation 252
A Proclamation to Provide for Plant Breeders’ Right 262
A Proclamation to Establish the Ethiopian Organic Agriculture System 272
A Proclamation to Provide for Apiculture Resources Development and Protection 279
A Proclamation on Seed 286
Council of Ministers Regulation to Provide for the Establishment of the Ethiopian
Horticulture Development Agency 297
Council of Ministers Regulation to Provide for the Establishment of Agricultural
Transformation Council nd Agency 301
3.1.5 Animals and Fisheries 306
A Proclamation to Provide for the Prevention and Control of Animal Diseases 306
Fisheries Development and Utilization Proclamation 316
A Proclamation to Provide for Veterinary Drug and Feed Administration and Control 324
Council of Ministers Regulation to Provide for the Establishment of Veterinary Drug and
Animal Feed Administration and Control Authority 337
Council of Ministers Regulations to Provide for the Establishment of the National Veterinary
Institute 341
3.1.6. Mineral Resources 343
A Proclamation to Provide for the Establishment of Geological Survey of Ethiopia 343
A Proclamation to Promote and Regulate Transactions of Precious Minerals 348
A Proclamation to Promote Sustainable Development of Mineral Resources 361
Council of Ministers Regulations on Mining Operations 395
3.1.7. Land Use and Development 415
A Proclamation to Provide for the Expropriation of Land Holdings for Public and Payment of
Compensation 415
Council of Ministers Regulations on the Payment of Compensation for Property Situated on
Landholdings Expropriated for Public Purposes 422
Federal Democratic Republic of Ethiopia Rural Land Administration and Use Proclamation
429
A Proclamation to Provide for Urban Plans 438
A Proclamation to Provide for Lease Holding of Urban Lands 452
A Proclamation to Provide for Registration of Urban Landholding 471
Council of Ministers Regulation to Provide for the Establishment of the Federal Urban Real
Property Registration and Information Agency 490
Urban Landholding Adjudication and Registration Council of Ministers Regulation 495
3.1.8. Energy Resources 526
A Proclamation to Regulate Petroleum Operations 526
A Proclamation Provided for the Establishment of the Rural Electrification Fund 535
A Proclamation on Energy 543
Council of Ministers Regulations to Provide for the Regulations of Electricity Operations 558
A Proclamation to Regulate Petroleum and Petroleum Products Supply Operation 579
Council of Ministers Regulation to Provide for the Establishment of the Ethiopian Petroleum
Supply Enterprise 589
Council of Ministers Regulation to Provide for the Establishment of the Ethiopian Electric
Power 592
Council of Ministers Regulation to Provide for the Establishment of the Ethiopian Electric
Utility 594
Council of Ministers Regulation to Establish the Ethiopian Mineral, Petroleum and Bio-Fuel
Corporation 596
3.1.9. Conservation of Cultural Heritage 599
A Proclamation to Provide for Research and Conservation of Cultural Heritage 599
A Proclamation to Provide for the Classification of Cultual Heritages into National and
Regional Cultural Heritages Proclamation 612
3.2. Pollution Prevention and Control of Hazardous Substances 618
Environmental Pollution Control Proclamation 618
Council of Ministers Regulation to Provide for the Prevention of Industrial Pollution 627
Council of Ministers Regulation to Provide the Code of Practice of the Floriculture Sector 632
Sold Waste Management Proclamation 639
Radiation Protection Proclamation 645
A Proclamation to Provide for the Registration and Control Of Pesticide 657
A Proclamation to Provide for the Controlling of Ozone Layer Depleting Substances 676
3.3. Environmental Impact Assessment 683
Environmental Impact Assessment Proclamation 683
3.4. Food, Medicine and Health Care 692
A Proclamation to Provide for Food, Medicine And Health Care Administration And Control
692
Council of Ministers Regulation to Establish the Ethiopian Food, Medicine, and Health Care
Administration and Control Authority 714
Council of Ministers Regulations to Provide for Food, Medicine and Health Care
Administration and Control 718
3.5. Criminal Liability 735
4. Institutional Framework on Environmental Protection 753
A Proclamation Provided for the Establishment of Environmental Protection Organs
753
A Proclamation to Provide for the Definition of Powers and Duties of the Executive
Organs of the Federal Democratic Republic of Ethiopia 756
Council of Ministers Regulation to Provide for the Establishment of the Ethiopian
Environment and Forest Research Institute 769
5. Useful Websites 774
FOREWORD

Today, environmental concerns have become so challenging in the world in general
and in Ethiopia in particular. Issues such as climate change, desertification, soil degradation
and erosion, animal migration, environmental disasters and displacement, depletion of natural
resources, deforestation, [ail, water] pollution and the ozone problem are some of the
environmental concerns we are facing currently. While these issues will test us to the limit in
the years to come, they will prove to be even more challenging on the coming generation.
This certainly defies the Constitutional principle of sustainable development boldly enshrined
under Article 43 of the FDRE Constitution.
Traditionally, environmental protection has been considered to be “in the public interest” and
external to private life. Governments, therefore, have assumed principal responsibility in the
protection of the environment. However, the roles of sectors have been changing, with the
private sector becoming an active actor in environmental protection. Governments and
businesses alike are now realizing that we have come to a point where environmental
protection is not the sole responsibility of the government. Indeed, the involvement of
companies in environmental protection throughout the world has increased in recent years.
Moha Soft Drinks Industry S.C. has, since its establishment in 1996, engaged in numerous
activities with a view to discharging its social and environmental responsibilities. Examples
include the waste water treatment plant in all of our factories etc.
As can be seen from this Compendium, the Ethiopian Government has been doing a
commendable job in enacting laws on different issues of environmental concern and this
Compendium brings together the key environmental laws of Ethiopia. Needless to state, laws
have massive role to play in environmental protection and conservation of natural resources.
However, the mere enactment of laws cannot bring the desired change, as the effective
implementation of laws is very important. As the logical step in enhancing the implementation
of the enacted laws is improving the familiarity of the public with the laws, I strongly believe
that this Compendium is a very important tool in bringing the public a step closer to the
environmental laws in force. Moreover, it makes me and all the staff in Moha Soft Drinks
Industry S.C. even happier that, with our help, the Compendium is available for free, which
serves the very purpose of the work: raising awareness and contributing in the protection of
the environment.
Finally, I would like to congratulate Abdulkader M. Yusuf and Mahlet Fitiwi for a job well
done. I would also like to take this opportunity to urge others in the private sector to be more
active in assisting such researches.
Ato Getachew Birbo
Moha Soft Drinks Industry S.C.
CEO

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INTRODUCTION

Although the legislative history of Ethiopia demonstrates that laws relating to the
environment go as far back as a century, the past two decades saw the proliferation of
environmental laws in the country. During this period, numerous laws have been enacted and
many international agreements have been ratified. This is especially true since the FDRE
Constitution entered into force and the Negarit Gazeta was established in 1995.
The FDRE Constitution guarantees everyone’s right to a clean and healthy environment. As is
known, environmental issues are best handled with the participation of all. This is affirmed by
the FDRE Constitution which states that ‘governments and citizens have the duty to protect
the environment’. It is imperative that citizens, government officials, scholars and
practitioners, the private sector, civil society and international organizations alike understand
the laws in force and have a grasp of their rights and duties arising out of these laws.
Nevertheless, the laws on environment in Ethiopia are scattered, negatively impacting the
public’s ability to access and understand them.
This Compendium is, hence, prepared with a view to closing up this gap. It offers a one-stop-
shop for the key laws dealing with the environment in Ethiopia. It incorporates not only the
proclamations enacted by the House of Peoples’ Representatives, but also some of the
implementing regulations issued by the Council of Ministers by July 2016. The laws included
and their arrangement was made by making thorough reference to similar works and
prominent materials on environmental law. It should be noted that the Compendium contains
the laws published in the Federal Negarit Gazeta, although most of these laws are applicable
in the States referred to under Article 47 of the FDRE Constitution.
For the purposes of simplicity and easy navigation, a table of contents of the provisions of
each proclamation and regulation has been prepared. A brief description of each law is also
included, which is believed to provide the user with an overview of what the law is about.
With a view to avoiding any typing or similar errors, each law in the Compendium has been
proofread with its corresponding publication in the Negarit Gazeta. Hence, maximum effort
has been exerted to reproduce the laws as they appear in the Negarit Gazeta.
The research for this Compendium was carried out with the financial support of Moha Soft
Drinks Industry S.C.; as such, the unrivalled understanding and support of the CEO, Ato
Getachew Birbo, is much appreciated. Many thanks are in order for Ato Eshet Gebre, former
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Director of the Legislative and Oversight Professional Support Directorate, Secretariat of the
House of Peoples’ Representatives, for his all-round support and encouragement. Ato
Simeneh Kiros (Asst. Professor of Law) has always been there to offer his valuable advice
throughout the years. Heartfelt appreciation is also in order for Ato Noh Balcha for designing
the cover page and other sections, as well as Ato Mikias Yitbarek for designing the webpage
and the logo. Finally, gratitude is extended to W/rt Hileena Eshetu, Ato Girmachew
Admassie, Ato Seifu Gebremariam and Ato Bemnet Mohammed.
The Compendium, hence, brings together the key multilateral environmental agreements in
Ethiopia, and as such attempts to contribute to environmental protection and natural resource
conservation endeavors in the country. That the Compendium is useful for, inter alia,
government officials, judges, prosecutors, practitioners, scholars, researchers, students,
international organizations, the private sector and civil society organizations.

Abdulkader M. Yusuf
Editor
Researcher and PhD Student
Addis Ababa, Ethiopia

Email: abdu@envlaws

Mahlet Fitiwi
Editor
Research Intern, Institute for Peace and Security Studies, Addis Ababa University
Addis Ababa, Ethiopia
Email: [email protected]

2017

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