OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 11th Year No. 37 ADDIS ABABA- 26th May , 2005 CONTENTS Proclamation No. 449/2005 Census Commission Re - establishment Proclamation Page 3102 PROCLAMATION NO 449 2005 . A PROCLAMATION TO PROVIDE FOR THE RE ESTABLISHMENT OF THE CENSUS COMMISSION WHEREAS , population census results are requisite for 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 complexity of the task , calls for a legislation providing the details thereof ; WHEREAS , established commission under 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 . ” Unit Price The African Law Archive 2. Definitions Unless the context requires otherwise , in this Proclamation : 1 / “ Population census ” or “ census ” means the collection , compilation , evaluation and dissemination of statistical population size , 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 , 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 . 3. Establishment 1 / The Population Census Commission ( herein after referred to as “ the Commission ” ) is hereby established ; 2 / The Commission shall be accountable to the House 4. Objectives The Objective of the Commission is : collect , compile , evaluate 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 Ho upon the recommendation of the Prime Minister . The African Law Archive 21 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 ; The Authority shall surve as secretariat of the , Coñmission . The Authority shall be accountable 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 ; census formulate policy directives on cartography works and census , and follow up their implementation ; popularize the essence of census cartography works as well as of census ; 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 ; * * * The African Law Archive * 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 ; verify census results , submit to the House , as well as officially declare and disseminate same ; 91 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 ; 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 Chivern The Chairman of the Commission shall : 1 / convene and preside over meetings of the Commission ; 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 11 undertake census cartography works ; The African Law Archive 21 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 . prepare and distribute questionnaires , directives diverse forms and materials required for census ; 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 ; 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 ; organize , the census data collected , analyze the same , prepare a report thereon and submit same to the Commission for approval ; evaluate the execution of census conducted at various times and cause , as necessary , the under taking of studies on ways of improving same ; carry out other relevant activities in accordance with the guidance to be given to it by the Commission . 11. Budget The Commission : shall have its capital budget for census allocated by the government ; 21 may seek and obtain foreign assistance during the time fixed for conducting census . 12. Obligations 11. Any person or organization shall have the obligation to cooperate in the discharge of census activities ; The African Law Archive * * 21 Any person or organization required to furnish information census purposes , accordance with this Proclamation , shall have the obligation to provide it correctly to the enumerator supervisor hearing 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 . 14. Penalty 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. 21 Any law , regulations , directives or practice inconsistent with this Proclamation shall not be applicable with respect to matters provided for herein . The African Law Archive Power to Issue Regulations and Directives The Commission may issue regulation and directives necessary effective implementation of this Proclamation . 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 . Effective Date This Proclamation shall come into force on the 26 day of May , 2005 Done at Addis Ababa , this 26th day of May , 2005 PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive
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