OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA gth Year No. 23 ADDIS ABABA - 114 June , 2002 CONTENTS Proclamation No. 276/2002 National HIV / AIDS Prevention and Control Council and the HIV / AIDS Prevention and Control Office Establishment Proclamation Page 1753 PROCLAMATION NO.276 / 2002 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL HIV / AIDS PREVENTION AND CONTROL COUNCIL AND THE HIV / AIDS PREVENTION AND CONTROL OFFICE WHEREAS , HIV / AIDS is a communicable disease WHEREAS , in addition to the suffering and death it may cause to individuals , the disease has serious impact on the complex socio - economic development of the country ; WHEREAS , unless contained through a concerted popular participation , HIV / AIDS will cause a health and socio - economic crisis that is extremely disastrous ; WHEREAS , to contain the spread of HIV / AIDS , it has various governmental and non - governmental organizations as well as various sectors of the society , and an autonomous government executive organ ; 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 “ National HIV / AIDS Prevention and Control Council and the HIV / AIDS Prevention and Control Office Establishment Unit Price Proclamation No. 276/2002 ” . The African Law Archive * 2. Definitions In this Proclamation , unless the contest requires otherwise ; 1 ) " Council " means the HIV / AIDS Prevention and Control Council established unde Article 3 of this Proclamation ; 2 ) " Office " means the HIV / AIDS Prevention and Control Office established under Article 8 of this Proclamation ; 3 ) “ Region ” means a member state of the Federal Democratic Republic of Ethiopia as provided for under Article 47 / ( 1 ) of the Constitution and includes the Addis Ababa City Administration and Dire Dawa City Council ; 4 ) " Non - governmental organization " means an as sociation , a charitable organization , or a religious institution having a legal status allowing it to operate at a national level and which is participating in the prevention and control of HIV / AIDS . PART TWO The National HIV / AIDS Prevention and Control Council 3. Establishment The National HIV / AIDS Prevention and Control is hereby established . The Council shall be presided over by the President of the Federal Democratic Republic of Ethiopia and shall have the following members : 1 ) the Deputy Prime Minister of the Federal De mocratic Republic of Ethiopia ; 2 ) Ministers of the Federal Government ; the Speaker of the House of Peoples , Represen tatives ; Heads of Regions ; 5 ) the Head of Women's Affairs in the Office of the Prime Minister 6 ) the Disaster Prevention and Preparedness Commis 7 ) the Federal Civil Service Commissioner ; the Science and Technology Commissioner , 9 ) the Head and Management Board members of the Office , 10 ) Heads of the following mass media organizations : ( a ) the Ethiopian Radio and Television Agency ; ( b ) the Ethiopian News Agency ; ( c ) the Ethiopian Press Agency ; ( d ) Other mass media Organizations to be desig nated by the Council ; 11 ) . Leaders of the following religious institutions : ( a ) the Ethiopian Orthodox Church ( b ) the Ethiopian Islamic Affairs Supreme Council ; ( c ) the Ethiopian Catholic Secretariat ; ( d ) the Ethiopian Evangelical Church of ( e ) the Evangelical Church Fellowship of Ethiopia ; 12 ) the Director of the Christian Relief and Development Association ; 13 ) the President of the Ethiopian Red Cross Society ; We many ve.com * The African Law Archive 14 ) the President of the Ethiopian Family Guidance Association ; 15 ) the President of the Ethiopian Medical Practitioners Association ; 16 ) the President of the Ethiopian Labour Unions Confederation ; 17 ) the President of the Federation of Ethiopian Em ployers ' Associations ; 18 ) the President of the Ethiopian Chamber of Com 19 ) the President of the Federation of Ethiopian Teachers ' Associations ; 20 ) Leaders of associations of persons living with HIV / AIDS ; 21 ) without prejudice to the provisions of Article 2 ( 4 ) of this Proclamation , Heads of other non - governmen tal organizations to be designated by the Council ; 22 ) Prominent individuals to be designated by the Council . 5. Objectives of the Council The objectives of the Council due to : 1 ) mobilize concerned bodies to give greater attention to the problem and encourage them to enhance the society's level of awareness about HIV / AIDS and thereby promote the development of healthy attitude and behaviour , 2 ) to create conditions whereby nationwide prevention and control activities are carried out not through scattered efforts but in an integrated manner and vulnerable sectors of the society including youths and women are provided with the necessay support and assistance in protecting themselves against disease ; 3 ) create conducive environment whereby people lving with HIV / AIDS and orphans obtain health , psychological , counseling services as well as the provision of necessary assistance and ensure the full protection of their rights ; 4 ) to generate ideas for drawing an agreement of the country's HIV / AIDS Policy with the framework of the overall Health Policy and the development of future plans and strategies for monitoring and evaluating the situation on the spread of the disease ; and facilitate studies and research related thereto ; 5 ) mobilize local and external resources for implemen ting programs in a strengthened and integrated man The Council shall have the powers and duties to : 1 ) deliberate on all matters that could contribute to the realization of its objectives ; generate ideas and follow up their implementation ; 2 ) extend a call on local and external donors to provide assistance ; guide and oversee the utilization thereof ; 3 ) evaluate the execution of HIV / AIDS programs and the concerted actions of governmental and non - gover nmental organizations ; generate ideas for the im provement and enhancement of same ; 4 ) give awards of merit to institutions and individuals who have accomplished remarkable task in HIV / AIDS prevention and control efforts ; 5 ) determine the shape and content of its own emblem ; 6 ) establish committees to generate ideas necessary for the realization of its objectives . The African Law Archive * 7. Meetings of the Council 1. Regular meetings of the Council shall be held every six months ; provided , however , that extra - ordinary meetings may be called any time . 2 ) There shall be a quorum where more than hlaf of the members of the Council are present at any meeting . 3 ) . The Council shall pass its decisions by majority vote and , in case of a tie , the Chairman shall have a casting vote . 4 ) . Without prejudice to the provisions of this Article , the Council may adopt its rules or procedure . PART THREE The HIV / AIDS Prevention and Control Office 8. Establishment 1 ) The HIV / AIDS Prevention and Control Office is hereby established as an autonomous federal govern ment organ having its own legal personality . 2 ) The Office shall be accountable to the Prime Minister . 9. Headquarter The Office shall have its headquarter in Addis Ababa and may have branch offices elsewhere , as may be necessary . 10. Objectives The objectives of the Office shall be to coordinate and direct the implementation of the country's HIV / AIDS Policy . 11. Powers and Duties The Office shall have the powers and duties to : 1 ) serve as the secretariat of the Council ; 2 ) submit for the approval of the Government a national HIV / AIDS program prepared on the basis of the recommendations of the Council ; follow up and coordinate the implementation of same ; 3 ) Coordinate the activities of federal and regional goverment organs and non - governmental or ganizations engaged in HIV / AIDS prevention and control activities and facilitate conditons for in tegration ; 4 ) organize local and international meetings and workshops for enhancing the awareness of the society about HIV / AIDS and faclitate conditions for organizing same ; 5 ) participate in national and international conferen ces on prevention and control of HIV / AIDS ; 6 ) collect and compile information on the general situation of HIV / AIDS in the coutnry and dis seminate same to all concerned , as deemed neces sary ; 7 ) draw a devise whereby support is obtained by creating contact with viarous donors ; 8 ) ensure that the money secured in donation and the budget allocated by the Government is properly utilized ; 9 ) own property , enter into contracts , sue and be sued in its own name ; 10 ) perform other duties necessary for the realization of its objectives . The African Law Archive * 12. Organization of the Office The office shall have : 1 ) a Management Board ; 2 ) a Head to be appointed by the Government ; and 3 ) the necessary staff . 13. Members of the Board 1 ) Members of the Borad shall be designated by the Government from government institutions having significant role in the implementation of the HIV / AIDS policy and from non - governmental or ganizations which are represented in the Council ; Their number shall be determined as may be necessary 2 ) The Chairperson shall be designated by the Govern ment from among members of the Board . 14. Powers and Duties of the Board The Management Board shall have the powers and duties 1 ) provide guidance and spuervision to ensure the coordinated implementation of programs and projects falling under the responsibility of the Office ; 2 ) decide on issues requiring guidance in connection with the implementation of programs and projects or submit its recommendation thereon to the govern ment , as may be appropriate ; 3 ) review and submit to the goverment the or ganizaitonal structure and manning plan of the Office ; 4 ) approve the budget and report of the Office to be sumbitted to the Govement ; 5 ) deliberate and decide on other matters submitted by the Head of the Office . 15 Meetings of the Board 1 ) The Board shall meet once in a month ; provided however , that it may meet at any time at the request of the Chairperson . 2 ) There shall be a quorum where more than half of the members are present at a meeting of the Board . 3 ) Decisons of the Board shall be passed by majority vote and , in case of a tie , Chairperson shall have a casting vote . 4 ) Without prejudice to the provisions of this Article , the Board may adopt its own rules of precedure . 16. Powers and Duties of the Head of the Office 1 ) The Head of the Office shall be the chief executive officer of the Office and shall , subject to the general directives of the Board , direct and administer the activities of the Office . 2 ) Without limiting the generality of Sub - Article ( 1 ) of this Article , the Head of the Office shall : ( a ) participate in the meetings of the Board as a member ; ( b ) exercise the powers and duties of the Office specified under Article 11 of this Proclamation ; ( c ) employ and administer the employees of the Office in accordance with the federal civil service laws ; * The African Law Archive * ( d ) prepare and sumbit to the Management Board the Work program and budget of the Office ; and implement same upon approval ; ( e ) effect expenditure in accordance with the approved budget and work program of the Office ; ( f ) represent the Office in all its dealings with third parties ; ( g ) prepare and sumbit to the Board the operational and financial reports of the Office . 3 ) The Head of the Office may delegate part of his powers and duties to the officials and other em ployees of the Office to the extent necessary for the efficient performance of the activities of the Office ; provided , however , that in the case of an official who acts on behalf of the Head of the Office for more than thirty days , approval of the Board shall be required . 17. Budget 1 ) The operational budget to the Office shall be allocated by the Government . 2 ) The budget that the Office requires for the execution of projects shall be drawn from financial con tributions by the Government , donor agencies and the community at large and from external borrowings by the Government as well . 3 ) The budget referred to in Sub - Article ( 2 ) of this Article shall be utilized in conformity with the credit and grant agreements under which contributions have been made and in accordance with the disbur sement procedure of the Office approved by the Board of Management . 18. Bank Accounts The fund referred to in Sub - Article ( 2 ) of Article 17 hereof shall be deposited in a bank account in the name of the Office . 19. Book of Accounts 1 ) The Office shall keep separate books of accounts for the funds referred to in Sub - Articles ( 1 ) and ( 2 ) of Article 17 hereof . 2 ) The books of accounts and financial documents of the Office shall be audited by the Auditor General or by an auditor designated by him . PART FOUR Miscellaneous Provisions 20. Duty to Cooperate The concerned federal and regional government organs and non - governmental organizations shall have the duty to co - operate with the Office with a view to enabling it to effectively discharge its responsibilities with regard to coordinating and directing the implementation of the HIV / AIDS Policy . 21. Inapplicable Laws No law , regulations , directive or practice shall , in so far as it is inconsistent with this Proclamation , have force or effect in respect of matters provided for by this Proclamation . The African Law ' Archive * * * www.AfricanLawArchive.com 22. Transfer of Rights and Obligations The rights and obligations of the organ known as the HIV / AIDS prevention and Control Secretariat are hereby transferred to the Office . 23. Effective Date This Proclamation shall enter into force as of the 11 " day of June , 2002 . Done at Addis Ababa , this 11 " day of June , 2002 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPA The African Law Archive