OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 12 Year No. 8 ADDIS ABABA December 21 * , 2005 CONTENTS Proclamation No. 478/2005 An Inquiry Commission to Investigate the disorder occurred in Addis Ababa and in some parts of the country Proclamation ... Page 3317 PROCLAMATION NO . 478/2005 . A proclamation to establish an independent inquiry commission to investigate the disorder occurred on June 8 , 2005 in Addis Ababa , between the 1 " of November and 10th of November , as well as between the 14th of November and 16th of November 2005 in Addis Ababa and in some parts of the country . WHEREAS , it is necessary to investigate the anos 2005 in Addis Ababa , between the 1st of November 14th of November and 16th of November 2005 in rights protection , WHEREAS , the ongoing system of the country is democratic process of the country NOW , THEREFORE , in accordance with Article follows : 1. Short Title This Proclamation may be cited as " An Inquiry Commission to Investigate the disorder occurred in Addis Ababa and in some parts of the country proclamation No. 478/1998 " Unit Price The African Law Archive 2. Establishment An independent Inquiry Commission here in after referred as the Commission " is hereby established to submit report and its findings to the House by investigating the disorder and its consequence occurred on June 8 , 2005 in Addis Ababa , between the 1st of November and 10th of November 2005 as well as between the 14th of 16th of November in Addis Ababa and in some parts of the country . November and I 3. Working place of the Commission Head office of the commission shall be based in Addis Ababa and open other branch offices in other part of the country when deemed necessary , 2 ) The Commission shall undertake its function of investigation in Addis Ababa and in any other places where the problem occurred . 4. Objective of the Commission The objective of the Commission is to investigate the disorder and its consequence occurred in Addis Ababa and in some parts of the country as well as to submit a report of its findings to the House of Peoples ' Representatives of the Federal Democratic Republic of Ethiopia . WArchivescom 5. Powers and Duties of the Commission 1 ) the Commission shall investigate : whether the force used by the security force control the disorder was excessive or not , b . whether the handling of human rights in matters related to the problem was conducted in accordance with the constitution and the rule of the law , the damage caused to life and property as the result of the incident . 2 ) in order th ፡ the commission be able to properly discharge this most important national duty it shall : order the production of documents in the possession of any organization individual if it deems such document is necessary for its work , The African Law Archive summon individuals that have relevant information and order them to give their statements , order appearance unwilling individual or organization by police to give information statements of testimony that are relevant to the duties of the Commission , d . require professional , material and other cooperation from any organization that are necessary for the proper discharge of its duties . 3 ) It has the responsibility of accepting relevant information presented to it by a concerned individual or body . 4 ) It shall give relevant terms of reference to investigators . 5 ) It may draw a detailed work plan and rules of procedure , which enables to undertake its duties properly . 6. Members of the Commission and appointment 1 / The commission shall have 11 members , 2 / Chairperson , Deputy Chairperson and other members of the Commission shall be nominated by the Legal and Administration Affairs Standing Committee to be appointed by the House of Peoples ' Representatives . 7. Power and Duties of the Chairperson of the Commission The Chairperson of the Commission shall : 1 ) Lead the Commission , 2 ) Supervise and control over all activities of the Commission , 3 ) Assign support staffs that are necessary to undertake the duties of the Commission , 4 ) Represent the Commission in its all dealings with other bodies The African Law Archive 8. Power and Duties of the Deputy Chairpersoi of the Commission The Deputy Chairperson of the Commission shall : 1 ) Represent the chairperson in his absence , 2 ) Make sure that the minutes of the commission are properly kept , 3 ) Supervise whether the daily recorded activities of the commission are transcribed and properly recorded in written form , 4 ) Sign and send warrants to persons who shall appear before the commission for question , 5 ) Check whether any document presented to the commission are properly kept , 6 ) Supervise and control duties of the office of the commission , 7 ) Undertake other activities assigned to it by the commission and the chairperson . 9. Quorum and Decision Making 1 ) The presence of six members of the 2 ) Decision of the commission shall be made by a majority vote of the members present . 10. Hearing of witnesses 1 ) Any person shall take an oath before he / she gives statement of testimony , 2 ) . The commission be supported by investigators while hearing testimony of witnesses . 3 ) The commission shall hear statement of testimony either publicly or in closed manner as may be necessary , 4 ) Any person or body shall not reveal any information obtained from the commission unless permitted by the latter . The African Law Archive * * * 11. Protection of witnesses 1 ) A witness shall not be liable under the law on account of his statement of testimony given to the commission nor shall the statement of testimony be taken as evidence against him / her , 2 ) Without prejudice to the provision in sub Article 1 above false testimony shall not exempt liability under the laws . 12. Investigators 1 ) The commission , while undertaking investigation , shall cause efficient investigators to be assigned and decide their numbers in accordance with the work load when it deemed necessary , Investigators that are assigned by the commission shall undertake an oath before taking up their duties . 13. Warrant 1 ) The commission shall send warrant to any person to appear before it for question in a specified place and time . If the person is : a prisoner , the commission shall order the head of the prison to cause him to appear before it , an admitted patient with ability to appear before the commission , the commission shall order to the health institute to cause him to appear before it , out of Ethiopia , the commission shall send the warrant through his address and if he is in Ethiopia but with unknown address it shall call him to appear before it by announcing through mass media . 14. Budget and Manpower The necessary staff , budget and office shall be provided to the commission by the House of Peoples ' Representatives of the Federal Democratic Republic of Ethiopia . The African Law Archive * * * 15. Submission of Report 1 ) The commission shall submit the report of its findings House of Peoples ' Representatives of the Federal Democratic Republic of Ethiopia within three months , 2 ) if the commission requires more time to complete its work it shall present the case to speaker of the House and when convinced the speaker could grant an extension for not more than one month , a matter that requires an extension of more than one month shall be decided by the House . 16. Duty to cooperate Any body or individual has the duty to cooperate with the commission in the discharge of the latter's duties . 17. Penalty Any individual or organization that in any way impeded or attempts to impede the work of the commission is punishable under the relevant provisions of the penal code . 18. Effective Date This proclamation shall come in to force up on Done at Addis Ababa , this 21st day of December , 2005 PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA * The African Law Archive *