OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 5th Year No. 64 ADDIS ABABA - 294 June , 1999 CONTENTS Proclamation No. 180/1999 Census Commission Establishment Proclamation Page 1139 PROCLAMATION NO . 180/1999 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE CENSUS COMMISSION WHEREAS , population and housing 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 adminstration level ; WHEREAS , the effecting of the constitutional of the task , calls for a legislation providing the details thereof ; 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 Establishment Proclamation No. 180 / Unless the context requires otherwise , in Proclamation : Unit Price The African Law Archive 1 ) " Population census ” means the collection , com pilation , 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 ) “ Housing census ” means the collection , com pilation , evaluation and dissemination of statistical data on the number and type of houses , diverse facilities thereof , as well as other useful data on housing conditions at the national , regional , or at a certain regional administration level ; 3 ) “ Sample Survey ” means the collection , com pilation , evaluation and dissemination of statistical data on population size , sex , age , marriage , educational level , manpower , types of occupation , occupational engagement , birth , death , migration , number and type of houses as well as on such other social and economic factors , based upon selected areas and families taken as representative of the nation or a certain Region ; 4 ) “ Census Cartography Works ” means the prior delineation of area maps for enumeration and supervision to avoid omission and duplication of census counts ; 5 ) “ House ” means the House of Peoples ' Represen tatives of the Federal Democratic Republic of Ethiopia ; 6 ) “ Census ” means both population and housing census ; 7 ) “ Person " means a natural person . Establishment 1 ) The Population Census Commission ( hereinafter referred to as “ the Commission ” ' ) is hereby es tablished as an autonomous Federal organ having its own juridical personality . 2 ) The Commission shall be accountable to the House . 4. Objectives The Commission shall have the following objectives : · 1 ) to collect , compile , evaluate and disseminate population and housing data which would be of use in the preparation of plans , the evaluation of plan execution and follow up for administrative pur poses , for conducting elections , as well as for research purpose ; 2 ) to undertake basic studies aimed at devising ways and means for the organization and realization of records of population and housing registration . 5. Members 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 desig nated by the House from among the members of the Commission . 3 ) The Secretary General of the Secretariat of the Commission shall function in the capacity of a non voting member and secretary of the Commission . 6. Composition of Members The composition of members of the Commission shall be from the nine Regions , National Electoral Board , House of the Federation and the Central Statistics Authority . The African Law Archive No. 64 29 June , 1999- Page 114 1 census 7. Powers and Duties of the Commission The Commission shall have the following powers and duties : 1 ) initiate that general census be conducted every ten years ; 2 ) formulate policy directives on census cartography works and census , and follow up their implemen tation ; 3 ) initiate the preparation of statistics of the population catagorized in to sex and age , in regions , zones , woredas , towns as well as in towns and rural districts . 4 ) popularize the essence of census cartography works as well as of census ; 5 ) establish , in accordance with regulations it issues , commissions at the time fixed for conducting census at Regional , woredas and other adminis tration levels where it deems it necessary ; deter mine their powers and duties , designate the mem bers therto and decide on their rules of procedures ; 6 ) make available , the number and spread of nationalities , based on the list submitted by the House of Federation , and through population and housing census , 7 ) initiate sample surveys , enabling to predict the increase in the size of the Population , be conducted ; initiate categorization number nationalities found in zones , woredas , towns and rural districtsof each Region , into sex and age as well as in rurals and towns ; 9 ) cancel results and order for , upon notification to the House , its being conducted anew , 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 ; 10 ) verify census results , submit to the House , as well as officially declare and disseminate same ; 11 ) submit the budget of the Secretariat to the House for approval and supervise the proper utilization of same ; 12 ) issue directives regarding the salary scale , em ployment , and administration of the professional staff of the Secretariat following the basic prin ciples of the federal civil service laws ; 13 ) 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 an nually . 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 . Powers and Duties of the Chairman The Chairman of the Commission shall : convene and preside over meetings of the Commis sion ; 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 . The African Law Archive Officials of the Secretariat 1 ) The Commission shall have a Secretariat in Addis Ababa headed by a Secretary General and Deputy Secretary General . 2 ) The Secretary General shall be appointed by the House upon recommendation of the Prime Minis 3 ) The Deputy Secretary General shall be appointed by the Prime Minister upon recommendation of the Commission . 11. Powers and Duties of the Secretary General 1 ) The Secretary General shall : ( a ) organize and direct the Secretariat in the capacity of a chief executive ; ( b ) prepare the agenda for the meetings of the Commission in consultation with the Chair ( c ) properly keep the minutes of the meetings of the Commission ; ( d ) cause the decisions of the Commission to be communicated to concerned parties ; ( e ) employ and administer the professional staff , fix their salaries and allowances in accordance with the directives issued by the Commission ; as well as employ and administer other person nel of the Secretariat in accordance with federal civil service laws ; ( f ) prepare and submit , to the Commission , the short and long - term as well as the annual work programme and budget of the Secretariat and implement same upon approval ; ( g ) represent the Secretariat in all its dealings with third parties ; ( h ) undertake whatever is necessary for conduc ting census and for carrying out census car tography works in accordance with this Proclamation , and the regulations and direc tives to be issued thereunder ; ( i ) exercise the powers and duties of the Secretariat provided for in this Proclamation ; ( k ) prepare and submit , to the Commission , periodic reports on the activities of the Secretariat . ( i ) discharge other functions assigned to him by the Commission . 2 ) The Secretary General may delegate part of his powers and duties to other officials and employees of the Secretariat to the extent necessary for the effective performance of its activities . 12. Powers and Duties of the Deputy Secretary General 1 ) The Deputy Secretary General , being accountable to the Secretary General , shall : ( a ) assist the Secretary General in planning , organizing , directing and co - ordinating the technical activities of the Secretariat ; ( b ) discharge such other functions as are assigned to him by the Secretary General . 2 ) The Deputy Secretary General shall act in the stead of the Secretary General in the absence of the latter . 13. Powers and Duties of the Secretariat The Secretariat shall have the powers and duties to : 1 ) undertake census cartography works ; The African Law Archive 2 ) prepare and submit to the Commission census and sample survey plans ; 3 ) conduct census and carry out sample survey works ; and to this end , direct , coordinate and supervise the activities of other commissions to be formed pursuant to Article 7 ( 5 ) of this proclamation ; 4 ) prepare and distribute questionaires , directives , diverse forms and materials required for census and sample survey ; 5 ) examine documents and records pertaining to collection of population and housing data ; enter , at reasonable hours , any private houses or premises for carrying out such examination ; 6 ) train manpower required for the execution of census and sample surveys ; 7 ) utilize the personnel , property and services of other government office , where it finds it neces sary , at the time fixed pursuant to Article 7 ( 1 ) , ( 2 ) and ( 7 ) 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 ) own property , enter into contracts , sue and be sued in its own name ; 11 ) carry out other relevant activities in accordance with the guidance to be given to it by the Commission . 14. Budget The Commission : 1 ) shall have its recurrent and capital budget allocated by the government ; 2 ) may seek and obtain foreign assistance during the time fixed for conducting census and sample survey . 15. Obligations 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 or sample survey purposes , in accordance with this Proclamation , shall have the obligation to provide it correctly to the en umerator or supervisor bearing an indentification 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 to the enumerator or supervisor bearing an identification card issued by the Secretariat . 16. Confidentiality of Information The Secretariat may not divulge census and sample survey data collected otherwise than by the order of a court of law . 17. Penalty Any person who : 1 ) is unwilling to furnish information for census and sample survey ; Africa The African Law Archive No. 64 295 June , 1999 -- Page 1 144 2 ) furnishes false information regarding same ; or 3 ) obstructs the collection , by way of entry to property specified under Article 13 ( 5 ) of this Proclamation , of census and sample survey data ; shall , upon conviction , be liable to a fine of not more than Birr 2000 or imprisonment not ex ceeding 6 months ; where the offender is a juridical person a fine of not more than Birr 10,000 shall be imposed . 18. Repealed and Inapplicable Laws 1 ) . The Population and Housing Census Commission Establishment Proclamation No. 32/1992 ; 2 ) The Census Commission Establishment Proclamation No.84 / 1997 are hereby repealed . 3 ) Any law , regulations , directives or practice incon sistent with this Proclamation shall not be ap plicable with respect to matters provided for herein . 19. Power to Issue Regulations and Directives The Commission may issue regulations and directives necessary for the effective implementation of this Proclamation . Notwithstanding the provisions of Article . 18 ( 1 ) of this proclamation , Proclamation No. 32/1992 shall remain applicable until such time that the Secretariat is properly organized . Effective Date This Proclamation shall enter into force as of the 29th day of June , 1999 . Done at Addis Ababa , this 29th day of June , 1999 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive