OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 30 ADDIS ABABA - 44h January , 2003 CONTENTS Proclamation No. 313/2003 Federal Police Commission Proclamation Page 2074 PROCLAMATION NO . 313/2003 FEDERAL POLICE COMMISSION PROCLAMATION WHEREAS , it has become necessary to have a well observance of human and democratic rights , and maintains peace and welfare of the public ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : PART ONE General This Proclamation may be cited as the “ Federal Police Commission Proclamation No. 313/2003 . ” In this Proclamation , unless the context requires otherwise : 1 ) “ Police officer ” means a member of the Federal Police Commission who has received basic training in the police profession and is employed by the Commission ; 2 ) “ Council ” means the joint Council of the Federal and Regional Police Commissioners ; 3 ) “ Minister ” or “ Ministry ” means the Minister or the Ministry of the Federal Affairs , respectively . Unit Price INegarit GPOBox 80,001 / The African Law Archive Nomenclature The Federal Police Commission shall be called the Ethiopian Federal Police ( EFP ) PART TWO Establishment of the Federal Police Commission Establishment 1 ) The Federal Police Commission ( heroinafter “ the Commission " ) is hereby established as a Federal organ having its own legal personality . 2 ) Withoutprejudice to its legal and professional in dependence , the Commission shall be accountable to the Ministry . Head Office 1 ) The Head Office of the Commission shall be in 2 ) The Police Commission of the Addis Ababa City Administration and the Police Commission of Dire Dawa City Administration shall be established under the Federal Police Commission . 3 ) The Commission may establish the Federal Police Rapid Reaction Force , Crime investigation , and other organs that carry out the powers and functions of the Commission in any Region . The objective of the Commission is to maintain peace and security of the public by complying to , and enfor cing , the Constitution and other laws of the country , and by preventing crime through participation of the people . 7. Powers and Functions of the Commission The Commission shall have the following powers and functions : 1 ) prevent and investigate crimes that fall under the jurisdiction of Federal Courts ; 2 ) prevent any activities in violation of the Constitution that may endanger the Constitutional order ; 3 ) prevent violence against public peace , hooliganism , terrorism , trafficking in and transferring of drugs ; 4 ) prevent crimes against the interests and institutions of the Federal Government ; 5 ) Without prejudice to Sub - Article ( 2 ) of this Article , maintain law and order in any region in accordance with the maintain order of the Federal Government when there is a deteriorating security situation beyond the control of the concerned region and a request for intervention is made by the region ; or when disputes arise between two or more regions and the situation becomes dangerous for the Federal security . 6 ) safeguard the security of borders , airports , railway lines and terminals , mining areas , and other vital institutions of the Federal Government ; 7 ) give security protection to higher officials of the Federal Government and dignitaries of foreign countries ; execute orders and decisions of courts ; 9 ) execute orders issued by the Federal Public Prosecutor in regard to investigation of crimes , 10 ) issue a certificate of no criminal record ; The African Law Archive 11 ) conduct studies to enhance crime prevention and investigation activities , and to enable that the ef ficiency and service of the police profession be similar and standardized in the whole country . 12 ) Collect and analyze criminal data and statistics at a Country wide level ; 13 ) exchange information and undertake coordinated activities with security organs and engage with them in research and training in a mutually supportive manner ; 14 ) provide training , professional and technical advice , and support for Regional Police Commissions ; 15 ) delegate , when it is deemed necessary , the powers given to it by this Proclamation to Regional Police Commissions ; 16 ) delegate , as may be necessary , its powers to other organs and civil servants for the execution of certain functions ; 17 ) set up and administer_the Federal Police Rapid Reaction Force and the Federal Police college ; 18 ) facilitate internal and overseas training opportunities in order to upgrade the professional competency of the police ; 19 ) establish relations and exchange information with the International Police ; 20 ) enter into contracts , own property , sue and be sued in its own name . 8. Structure of the Commission The Commission shall have : 1 ) A Commissioner and a Deputy Commissioner to be appointed by the Government ; 2 ) A Management Council comprising the Commis sioner , Deputy Commissioner and Assistant Com missioners ; and 3 ) Other Police Officers and Civil Servants necessary for its activities . 9. Powers and Functions of the Management Council The Management Council shall : 1 ) examine studies on countrywide policy , strategy and standardization required for the prevention and investigation of crimes , and submit the same to the Council of the Federal and Regional Police Commis sioners with its recommendations ; 2 ) examine studies pertaining to the organization , structure , and operation of the Commission ; and submit measures to be taken with its recommen dations to the Minister ; 3 ) approve plans for higher training ; 4 ) prepare a draft budget of the Commission , and submit the same to the Government through the Minister for approval ; 5 ) evaluate the annual plan , report and performance of the Commission and submit to the Minister with its recommendations ; 6 ) make efforts to maintain good working relations between the Commission and Regional Police Com missions ; 10. Powers and Functions of the Minister The Minister shall : 1 ) follow up the overall activities of the Commission ; 2 ) approve the appointment of the Assistant Commis sioners of the Commission ; and appoint Commis sioners of the Addis Ababa and Dire Dawa Police Commissions ; 3 ) submit the annual plan , report , and performance of the Commission to the Federal Government with its recommendations ; 4 ) examine and approve the studies on the organization , performance , human resource , and capacity building program submitted to him by the Commission ; 5 ) take measures necessary for the implementation of this Proclamation . The African Law Archive 11. Powers and Functions of the Commissioner 1 ) The Commissioner shall be accountable to the Minister and direct and coordinate the overall activities of the Commission . 2 ) Without prejudice to the generality of Sub - Article ( 1 ) of this Article , the Commissioner shall : ( a ) recommend Assistant Commissioners of the Commission to be appointed by the Minister ; ( b ) execute Regulations of the Federal Police ; ( c ) employ and administer the supporting staff , other than those employed as Federal police officer , in accordance with the Federal Civil Service law ; ( d ) render a final decision on appeals lodged against the decisions of the Federal Police Complaint Hearing Organ and that of the the Discipline Committee ; ( e ) Submit the annual work plan and budget of the Commission to the Minister , and implement the same upon approval by the Government ; ( f ) effect expenditures in accordance with the budget approved for the Commission ; ( g ) cause studies to be made in regard to the organization , structure , operation and buil ding the capacity of the Commission , on the improvement of crime prevention and inves tigation activities ; as well as and on police service standardization ; ( h ) exchange information with the International Police by establishing relations ; and seek ways to enhance the capacity of the Commission ; ( i ) make efforts to maintain good relations be tween the Commission and Regional Police Commissions ; ( i ) preside over the meetings of the Management Council . 12. Powers and Functions of the Deputy Commissioner 1 ) The Deputy Commissioner shall : ( a ) assist the Commissioner in planning , or ganizing , directing and coordinating the func tions of the Commission ; ( b ) follow up part of the Commission's depart ments by sharing functions in accordance with the structure of the Commission ; ( c ) act on behalf of the Commissioner in the absence of the latter ; ( d ) discharge other duties which may be specifically entrusted to him by the Commis 2 ) The Deputy Commissioner shall be accountable to the Commissioner . 13. Budget The Federal Government shall allocate the budget of the Commission . 14. Books of Accounts 1 ) The Commission shall keep complete and accurate books of accounts . 2 ) The booķs of accounts and documents relating to finance shall be annually audited by the Auditor General or an auditor designated by him . PART THREE Administration of the Federal Police 15. Criteria for Recruitment of a Police officer 1 ) Any Ethiopian citizen to be recruited as a member of the Federal Police shall have to fulfill the following requirementness : ( a ) Faithful to the Constitution of the Federal Democratic Republic of Ethiopia ; The African Law Archive - ~ - No. 30 4 January , 2003- 2078 ( b ) fulfil the educational standard and physical fitness , and good health required for recruit ment as a policeman ; ( c ) have a good conduct ; ( d ) have no record of criminal conviction ; ( e ) not to be under the age of 18 years . 2 ) The recruitment to be conducted pursuant to Sub Article ( 1 ) of this Article shall be based on the equitable representation of gender , nations , nationalities and peoples of Ethiopia . 3 ) Where any person tecruited , in accordance with Sub Article ( 1 ) of this Article , is a member of a political organization , he shall quit his membership upon employment . 16. Oath Any police recruit shall take oath upon employment declaring that he carry out his functions with diligence and utmost commitment to the Constitution so that he fulfil the demands of public trust and professional responsibility bestowed on him . Contents of the oath shall be determined by Regulations . 17. Delegation of Police Powers to Civil Servants 1 ) Police powers may be delegated to a civil servant , administered under the Civil Service Proclamation , for cases that require special skill . 2 ) The police power to be delegated pursuant to Sub Article ( 1 ) of this Article shall be only to the extent be required for the matter , 18. Terms of Service 1 ) Any police officer shall be employed for a seven years obligatory service ; Particulars for its im plementation shall be determined by Regulations . 2 ) The service of any police officer shall be terminated for any of the following reasons : ( a ) upon death ; ( b ) where a request for a release is accepted in accordance with the relevant Regulations ; ( c ) when a Medical Board testifies the unfitness of the police officer for the job on account of illness or bodily injury ; ( d ) when the police officer iş found guilty by a court of law and it is decided in accordance with the regulations that the conviction shall not make him fit for the job ; Particulars shall be determined by Regulations ; ( e ) owing to inefficiency report or disciplinary misconduct ; ( f ) upon retirement . 19. Rights 1 ) Any police officer shall : ( a ) get a salary in accordance with the salary scale approved by the Government ; ( b ) be entitled to rations , various allowances , uniforms and medical services in accordance with the administrative regulations of the Com mission ; ( c ) ' be entitled to a pension in accordance with Pension Laws ; ( d ) be provided with attorney services by the expense of the Commission for liabilities he incures while properly discharging his respon sibilities ; particulars shall be determined by regulations ; ( e ) have the right to appropriately question superiors under any circumstances , inform mis takes , resolve problems through discussion as well as ' lodge complaints following the chains of command ; ( f ) be entitled to benefits provided in the relevant pension law for permanent , total , or partial disability sustained in relation to his duties ; : The African Law Archive 2 ) In addition to the rights stated herein above , the Commission shall prepare accomodation camps for the Federal Police Rapid Reaction Force . 20. Duties Any police officer has the duty : 1 ) to perform his activities in accordance with the Criminal Procedural Code and other relevant laws by fully observing human and democratic rights en sured by the Constitution ; 2 ) to show his identity card while carrying out his police duties ; 21. Retirement The retirement age limits for any member of the Federal Police shall be the age determined by the relevant Pension Laws for civil servants . There shall be established a Federal Police Complaint Hearing Organ that hears complaints of the public ; particulars shall be determined by directives to be issued by the commission . PART FOUR Miscellaneous Provisions 23. Relations of the Commission with the Regional Police Commissions 1 ) The commission shall work in cooperation and mutually supportive way with the Regional Police Commissions in the prevention and investigation of crimes . 2 ) The Regional Police Commissions shall be accoun table to the Commission when they prevent and investigate criminal cases falling under the jurisdic tion of the Federal Courts in accordance with the delegation given to them . 3 ) The Commission and the Regional Police Commis sions shall hold joint meetings at any time fixed in accordance with their joint agreement ; and the Federal Police Commissioner shall preside over such meetings . The joint Council shall : ( a ) issue internal regulations with respect to their collective activies ; ( b ) exchange experiences by assessing crime prevention and investigation activities ; ( c ) devise joint directions with respect to police training ; ( d ) discuss the studies presented by the Commis sion pursuant to Sub - Article ( 1 ) of Article 9 of this Proclamation , forward recommendations to the concerned authority or pass decisions when appropriate in regard to the measures to be taken on the basis of the studies ; and ensure their implementation . 4 ) The Commission and the Regional Police Commis sions shall each follow up the implementation of the decisions adopted by their joint Council . 5 ) The Regional Police Commissions shall submit periodic reports and statistical data to the Commis sion on crimes , traffic offences and security con ditions in their respective regions . 24. Addis Ababa and Dire Dawa City Administrations Police Commissions 1 ) There shall be established Addis Ababa City Ad ministration Police Commission and Dire Dawa City Administration Police Commission that shall have powers and duties to be delegated by the Commis sion in accordance with the regulations issued in line with this Proclamation . The African Law Archive 2 ) The Commissioners of Addis Ababa City Adminis tration Police Commission and Dire Dawa City Administration Police Commission shall he appoin . ted by the Government . 3 ) The budget of Addis Ababa City Administration Police Commission and Dire Dawa City Adminis tration Police Commission shall be allocated by their respective Administration . 4 ) The Addis Ababa City Administration Police Com mission and Dire Dawa City Administration Police Commission shall be accountable to the Commis sion ; be administered by their respective governors in accordance with the delegation given to them by the Commission . 5 ) The Addis Ababa City Administration Police Com mission and Dire Dawa City Administration Police Commission shall have responsibility to submit thei : annual plans and performance reports to their respec tive Administration . 1 ) No police officer , at any level , shall have a military rank , however , there shall be a police rank and badge as a substitute ; particulars shall be determined by regulations . 2 ) Any police officer shall have uniforms that indicate his position as well as a badge or sign showing his name , number , department and responsibility . 1 ) Team performance by officials and employees at al levels of the structure of the Commission shall be the main operational perspective . Team performance shall entail joint and several liabilities . 2 ) The officials at all levels of the structure of the commission shall discharge their responsibilities ir accordance with their allocated functions . 3 ) The operation of the Commission shall be based . :: the principles of accountability and transparency . 4 ) Activities of the Commission shall be based participation of the public . 27. Prohibited Activities Any inhuman or degrading treatment or act is prohibite : 28. Repealed and Inapplicable Laws 1 ) The Federal Police Proclamation No. 207/2000 i hereby repealed ; 2 ) Any law inconsistent with this Proclamation shai not be applicable . 29. Power to Issue Regulations The Council of Ministers may issue Regulations for in .. implementation of this Proclamation . 30. Effective Date This Proclamation shall come into force as of the 4 ' ' • . of February , 2003 . Done at Addis Ababa , this 4'h day of February , 2003 PRESIDENT OF THE FEDERAL DEMOCRATIC RPUBLIC OF ETHIOPIA The African Law Archive