Ethiopian Institution of Ombudsman Proclamation No.1307-2023

Ethiopian Institution of Ombudsman Proclamation

Proclamation No. 1307/2023 - Strengthening Accountability & Transparency

Date: January 16, 2024 (as per publication date)

Summary of Key Themes and Most Important Changes

This Proclamation (No. 1307/2023) introduces significant amendments to the Establishment Proclamation No. 1142/2019 of the Ethiopian Institution of Ombudsman. The core objective of these amendments is to strengthen the Institution's capacity to combat maladministration and expand its jurisdiction, notably to include private organizations. The changes aim to enhance the institution's independence, improve its operational structure, and ensure greater accountability and transparency within both public and, crucially, private sectors.

• Expanded Jurisdiction to Private Organizations: This is a paramount change, as the Ombudsman's mandate now explicitly extends to investigating maladministration within private entities.
• Strengthening Capacity and Independence: The amendments emphasize enhancing the Ombudsman's power to investigate and rectify maladministration, along with provisions to ensure its independence.
• Refined Organizational Structure and Roles: Changes are made to the composition of the Council of Ombudsmen, the appointment process, and the duties of various Ombudsman roles.
• Enhanced Accountability and Enforcement: New provisions outline the duties of respondent bodies to comply with the Ombudsman's findings and recommendations, and establish appeal mechanisms.
• Immunity for Appointees and Investigators: A new article grants a degree of immunity to Ombudsman appointees and investigators, providing protection while performing their duties.

Official Proclamation Document (Preview)

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1. Expansion of Mandate to Private Organizations

Key Idea: The most significant amendment is the extension of the Ombudsman's oversight to include private organizations, in addition to government executive bodies and public enterprises. This broadens the scope of protection against maladministration for citizens dealing with the private sector.

"COGNIZANT OF, the current economic development of the country and the importance of extending the Powers and Duties of Ethiopian Institution of Ombudsman to cover investigations into maladministration in Private Organizations by amending establishment Proclamation No. 1142/2019 of the Ethiopian Institute of Ombudsman;" (Preamble)

"2(4). “Maladministration” is an act committed or decisions passed or orders given by Executive Organs of the Government, Public Enterprises, or Private Organizations in contravention of the laws enacted by authorized bodies, and it includes failure to implement decisions passed or orders given." (Article 2(4) - new)

"4.This Proclamation shall apply to maladministration committed by the Government Executive Bodies, Private Organizations, and Officials and Authorities thereof.” (Article 4 - new)

"7(4). To receive and conduct investigations on maladministration cases lodged against Private Organizations;" (Article 7(4) - new)

2. Strengthening the Institution's Powers and Objectives

Key Idea: The amendments aim to enhance the Ombudsman's ability to achieve its objectives, particularly in investigating and rectifying maladministration. The overall goal is to foster good governance and industrial peace.

"WHEREAS, it is found necessary to strengthen the powers of the Ethiopian Institution of Ombudsman so as to achieve the objectives that it is established for: protecting citizens from maladministration and being able to rectify maladministration when found through investigation;" (Preamble)

"6. The objective of the institution shall be bringing about good governance, ensure industrial peace that is of high quality, efficient and transparent based on the rule of law ,by way of ensuring that people’s right and benefits, provided for by a law are respected by organs of Government Executive and Private Organizations.” (Article 6 - new)

"7(3). To recommend appropriate remedies and follow-up their implementation where it discovers that there is maladministration;" (Article 7(3) - new)

3. Structural and Organizational Changes

Key Idea: The Proclamation redefines the organizational structure of the Ombudsman, including the composition of its Council and the establishment of "Centres" for improved accessibility.

"2(17). “Centres” means coordination offices under the branch Ombudsman Offices for undertaking complaint handling and investigation, created with the intention of ensuring the accessibility of services of the Institute to people.” (Article 2(17) - new)

"10. Organization of the Institution The Institution shall have:- 1) A Council of the Ombudsman; 2) Chief Ombudsman; 3) A Deputy Chief Ombudsman; 4) Ombudsman for Women, Children, Persons with Disabilities, and Elders; 5) Other Ombudsmen for Thematic Areas 6) Other employees relevant to the discharge of duties of the institution.” (Article 10 - new)

"11 (2). The Council shall have the following members: a) The Chief Ombudsman…….... Chairperson, b) Deputy Chief Ombudsman --------Member c) Women, Children, Persons with Disabilities, and Elders Ombudsman ------------Member d) Ombudsman for Thematic Areas -- Member e) Two members of the standing committee for democracy affairs shall be represented by the speaker of the House of Peoples’ Representatives…………………Members" (Article 11(2) - new)

4. Enhanced Public Participation in Nominations

Key Idea: The appointment process for Ombudsmen will now be based on public nomination, with increased representation from civil society and the Chamber of Commerce on the Nomination Committee.

"17(2)(a) The appointees shall be recruited based upon public nomination undertaken by a Nomination Committee to be formed pursuant to Article 18 hereunder;" (Article 17(2)(a) - new)

"18 (6). One representative from the Chamber of Commerce-----------------Member 18 (7). One representative from a Civil Society Organization---------Member” (Article 18(6) & (7) - new additions)

"24(6). One representative from the Chamber of Commerce------Member 24(7). One representative from a Civil Society Organization--------Member” (Article 24(6) & (7) - new additions, likely related to another committee/body)

5. Clearer Duties and Accountability for Respondent Bodies

Key Idea: The Proclamation explicitly outlines the obligations of bodies under investigation, including providing documents and implementing corrective measures within a defined timeframe.

"Article 30. Duty of Respondent Bodies 30(1).Up on the request from the institution, the requested organ shall provide all relevant documents or evidence or provide a response to requests made. 30(2). The respondents are obliged to take corrective measures, within 30 days from the date of delivery, on findings and remedies sent to them by the institution; if they are unable to take such measures, they shall inform the same and the good reasons thereof to the Ethiopian Institute of Ombudsman within the period specified herein.” (Article 30 - new)

6. Immunity for Ombudsman Personnel

Key Idea: A new provision grants specific immunities to appointees and investigators of the Ombudsman, protecting them from arrest or detention without permission, except in cases of serious flagrante delicto offenses. This aims to safeguard their ability to perform their duties without undue interference.

“Article 38. Immunity No: 1. Appointee, 2. Investigator while investigation, may be arrested or detained without the permission of the House or the Chief Ombudsman, respectively, except when caught in Flagrante delicto, for a serious offence.” (Article 38 - new)

7. Appeal Mechanism

Key Idea: Individuals or respondent organizations have the right to appeal decisions or findings by the Ombudsman to higher levels within the institution, and potentially to the Federal High Court for employee administrative matters.

"31(1). Any complainant or respondent organ shall have the right to object to the appointee, director, or investigator, next in hierarchy, where he is aggrieved by the finding of investigation and remedy proposed, may table an appeal to all levels of authority up to the Chief Ombudsman within 30 days from the time he is notified in writing of such proposed remedy. The detail shall be determined by a Directive.” (Article 31(1) - new)

"41(3). May log appeal to the Federal High Court on decision passed by the Council on employee administrative matters within 30 days.” (Article 41(3) - new)

Conclusion

The Proclamation No. 1307/2023 represents a significant legislative effort to enhance the effectiveness and reach of the Ethiopian Institution of Ombudsman. The expansion of its jurisdiction to private organizations, coupled with strengthened powers, structural refinements, and protective immunities, aims to create a more robust mechanism for ensuring good governance, promoting industrial peace, and protecting citizens from maladministration across a wider spectrum of entities within Ethiopia. The emphasis on transparency, efficiency, and rule of law is evident throughout these amendments.