Peasant Associations Consolidation Proclamation No. 223/1982

PROCLAMATION No. '.223 OF 1982 A PROCLAMATION '1'.0 PROVIDE FOR THE CONSOLIDATION OF PEASANT ASSOCIATIONS " ETHIOPIA TJID>EM." WHEREAS, the establishmcnl d. pcaamt · ~ -111 every level, which is one of the victmies gained by die Etbiopiait­ Pcople's Revolution,' ·has greatly contributed, to the liquidation and bringing unoer control cl the Cllelllies cl the Re~ as well as to the defence d. !ht sovei'eignity ot. the cdlalltry;· WHEREAS, it is necessary to ~ peuant associa­ tioos by restrocturiDg dleit pt'ISCllt set-up ·in. liuo with the present stage of dc.velopment of the RevolntiOll wilh · a view to enhancing the productivity d the peasaaUl'y; mguuientin1 agri­ cultural production and expanding the basis f.or soc:ial1st .colari~. o( production and thereby lay down. the · f~ for 1l1e building of a strong democratic. Ethiopia; NOW, THERl!PORB, in accordance widl Attlc1e S (6) <1· the Redefinition of Powet:s mid RapaDat'hi1illcll ct tJie·~ na1 Military Allministratlve Cooncil and the Com1cil :of Minis­ ten Proclamation No. 110/1977, it ia bcrebJ proclaimed-as follows: 1. Shmt Tit/, caAPTBJl ONE OBNBRAL This ProcI3111ation may be cir.ed u the "P,:uant A.uocia­ tions Consolidation Proclamation No. 223/1982". 2. Ikfinitlons In thia Proclamation, wl1ea t& context otherwise rcqulrcs: a) "peasan1 ftfSOCiati()o" muns an -iatioo established or to be established in acoo,:dance with the Public Ownenhip d. Rural Lands Pro::lamation or this Pmc Negarit Gneta - No. 6 - 24th May, !982 Page II 3. Right ·Ii, Orgoniz1· l) 2) All p~as,mls shall have the right to join together "'( cslal,lish pe.isant associations and he members thereJ · The organu.ution of pea.,ant association, shall be accordance with this Proclamation. 4. Election and lfrmo1·aJ of Members uf l.ew/i116 Org,ms I ) The leading organs of peasant associations establi,t:j or to be established at every level shall h 01yc memb<rl ele<:tcd in accordance with this Proclumatian. 2) Members of the leading organs of peasant ass.x1 linns may be removed by the organ electing thetn, 5 Quali/icatiim for Election I) 2) Any person 10 be. elected as a member of 1hc !e1 organ of any peasant association estab!ishctl at e, level shall be a person who meets the follov-ing q· lifications: a) b) c) d) e) did no, own more than ten (10) hec1arcs of I~ and stands for agricultural producers' coo¢4 lives; has accepte..l th~ Nu1ionul Dcmocr ,Hie Revolu•::tl Programme of Ethiopia; is es!ecmed among his nearby dwdkrs for ll integrity and hard work; has not been convicted of misuse or wa,,~ I government or public prnpcrly or ~orrupt it>II ticcs or breach of trust; is not deprived of his civil rights by a coutttl law; bis no mental disca..:; is not adJic1cd lO al;.:tl and dangerous drugs; is not ltss than twenty-one ( 2 l ) y..:ars of i.•I is an Ethiopian national. g) h) Auy person to be eligible for electing members d. tca,fo1g mgan:/ of any peasant a,;sociation est,bliJill at Hny level shall be a person who: 1 1) haJ attained eighteen ( 18) years of age at• dat(I.. of cle.::tion; b) has no mental disease; q is not deprived of his civil rightt by a c()lll1 ■ law. CHAPTER TWO OUJECTl\'[:S ANI> }'OWERS AND DU rrns 01' PEASANT ASS(X:IATIONS 6, Objec1ivcs vf l't~sw11 A;sociations Every· pearnJJt associutirn1 formed at any kvd shall !.I the following ohjc,;tives: I) to enhance, as. ~i•l und encourage t~e partic ip.~U~\i the pe;1sanlly u1 the effort Rcvolut,onary Hluop! 11nking Yor economic constnJCtioo and in par for the expansion of socialist pro.luction rdJtwill the climinntion of exploitation of man by ntan ii rurul areas; 2) to make the ne~cs,r.ary effort for t.he fulfilment, stage by stage, d the peasantry's social ne,·d.;; to .mnke effon, t() raise and c!Xlfdinate the part1:ipation of the pe,i,antry in iocial projects the Gover::n1ent under­ t~kes ff'lm time 10 time; 3) w dis,cmina1c Manu,!l'•Leninbm among the pea­ santry and raise the political consciousne,s u! same; to prepare the peasantry for the safe-guarding of the Revolution as well as the aovereignity, wlity and terri• torial integrity of the country; to establish and con­ solidate unity of atrugg!c between the peasantry and other working people; 4) to make the necessary effort to ally th.; peimmtry with forces that struggle for freedom, Justice, peace, dcmocrncy and socialism and to enable it to contri• bute its due share. Powers mid l>1<1il's Common 10 Pea.rant A.>Socit<tion.r Ewry pe;isam association formed at any level \hall have the powers uml i:uw to: 1) agitate and coordinate the peasantry to properly imple­ ment and follow up the implementation of the Public Ownership of Rural Landi Proclamation No. 31/1975 and other proclamatiolls 1111d directives pertaining to rural areas issued or to be issued by the Revolutionary Government, 2) enable the pe~antry of Revolutionary Ethiopia to 1trugglc more actively for the liquidation of reaction­ ary ploLS nnd for economic coostruction by uniting and cooruinating its struggle with other masc; organi­ zation,; 3) in cooperation with those concerned, agitate, educa.te, coordinate the peasantry and render the necessary ns­ sistance thereto wiib a view lo expanding and streng­ thening ugricultural producers' cooperatives which are the bas~s for socialist construction in rural nreas; 4) agitate, educate and coordinate the pea:mmry, with a view to liberating it from backwardness, by i:sta­ bli;hing and strengthening agricultural ,ervice coope­ rntives, increasing pro<luctiou and expanding social !iervices; 5) in cooperation with the appropriate government and mass organizations, coordinate the peas,mtry and make the necessary efforts for the betterment of the lives or peasan1.s living in lands that arc overpopulated or of poor productivity and that of nomarls; 6) in cooperation with those conccmul, coordinate the peasantry with a view to liberating it from archaic mode of production and backward pracrice< and cul 1111 cs by adv~nciug its idc:ologi.:al outlook and dcvc• kiping ih initiative and thereby cnh;mcc prtxluc 1ivi1y; nnder the necessary assi<1ance rhereto; 7) follow·up and ,upcrvise the pr0!""r tilling and develop­ ment of cultivable laud and the augmentation ->f pro­ duction: 8) in cooperation with those conc~-med, make 1hc nc«s­ sary participation in the effort to cuablc •he peasantry to gain rapid progr~ in education, health, trunsporl and similar' social ,ervie<'-S; No. 6 24th it.,y, 1902 9) ; i1upkment prop~rly dirc...:tiv~~ is~uc .. i liy th;... :ipptV µria1e government olli,~ conccrnit1g thi:: i..:lms.t:r\'ali.A protcctimt and development of forest aml wi!Jfo< 1nnke tlle nece~sary protection to :,oil iinJ watt: r.!sourccs; 10) in cooperation with tho,x: conccrn-:<l, a£il:tte and ,~ ordinak its members am! follow-up their participJtiX, in the cflort to cons..:rve and protect hisrorici,1 rcliJ aud unlic1uities of Ethiopia; 11) particip,1le fully in the effort to satUy the ctluca:i.' needs of the peasantry; implement plans dcvisoJ I. this cf!ect by the Government [rum time to ti:nc, l 2) devise mcthcxls hy which sporli may he p,,pular~:!; «mo.ng the peasantry with a view to making pc..1s~ physically lit, healthier and more pruductivc citi1.er~. 13) make the ncc·cssary effort lo consolidate further tic' alliance between 11Je urlnu1 working masses ontl illi pc~1sanay; 14) m.ckc the necessary effort to secure women their d.:s place in the production process with a view 10 incmt ing women's parlidpatioo in the development of ruri :1r~as; 15) follow-directives is,ue<l hy the G,wcmmcnt cooca1' ing the utilization of land. CHAPTER THREE ORGANIZATION AND MEHWD OF WORK OF PEASANT ASSOCIATIONS 8, General The organizatioll and method of work of peasant ussocil' tions shall follow the principle. of democratic centrab#'. 9. Organi;ation of Peasant Associations The organi,;utiou uf peasant as:;ociatiu1\S shall be baStd a'i temlorial priocipl~ and; . l t) Kcbele peasant associations, shall b<! estal>Jisbed E in a minimum urea of tweinty (20) gashas and their members shall join together and fonn Woreda, Awraja, provincial and nation.al as.ocia · 2) l'or the purpose of this Proclamation, a setdi~ shall be regarded a~ a Kebek pei,sant association. 10. Afrthoa of Work of Peasant Associations The method of work of peasant a.ssociatimt~ :.b,,ll !~ the principle of democratic =itralism and: l) 2) 3) members of the leading organs of pea.sail! ns:.oci•~ at ,111y level shall he elected democratic,lly aaJ l!I uccountublc to tlie organs that elected them; lower <Jrgans shall have the duty to obstrYC ~ implement directives, decisions and otdtrs pa;,td 11!1 higher orgu.us; operational reports shall be submitted from tl!Dr time by lower ussociatious to higher associati!)j!I well as by leading organs of associations to the «I that elected them and leading organs of hightt II dations; 4) decisions of leading organs at any level shall !Jc made !Jy m;ijority vote and the minority ,hall be bound by the dcci,iuns passed by the majority; 5) the method of work of peasant associations at any level shall l>c based on cblkctive leadership and indi­ vidual responsibility. CHAPTER FOUR 1-!E~IBERSHIP IN PEASANT ASSOCIATIONS AND Rl(,BTS AND DUTIES OF MEMllERS 11. /lfr,11ber~hip Any person ( male or female) who lives by farming in an area of ,my Kcbele pea.sallt association may be u mem­ ber of the Kcbde peasant association in his urea. 12 llighis of M, m/,~r, Every member of a peasant a;.sociation shail have the fol!o\',.:ing rights: l) subject to Article 5, to elect members and be elected as a member to the leading organs of the association; 2 J to participate in discu.s.sions held by the association; to give vpinions and criticisms; 3) to vote on ,kcisions to be passed by the association in accorclancc with the existing procedure; 4) tu be present in discussions held by the lc:iJing urgans to pass decision on a matter tirnt relates 10 him; S) rn share in the benefits arising from membership. 3. Dwies of Members Every member o( a peasant asS<>Ciation shall ftave the fol­ lowing duties: l) 10 uc,ept and implement the National De1uucra1ic Revolution Programme of Ethiopia; to obesrv.: and properly in,plement tl1e internal regulations and ,lircc­ tivcs of peasant associations as well as the decisions pas,cd an,! the orders given by higher leading organs; 2) tG pay membership fees to the ass<x.iation on time; J) tn make active purlicipalion in the activities of the association; to, observe the procwurul requirement, of 1he a~sociatio1i und accept COtLSlntctivi; criticisms gtv~n by leading organs; i) to observe and implement the laws and diroctives of the (iLwcrn1neuJ~ 5) tu be ready at all times to answer calls Revolutionary Ethiopia may make al auy time and place; to light nguiust anti-revolutionary activities and lo con.,crve and prote:ct public property. CHAPTER FIVE h.L!lELL PEAS,\N I' ASSOCIATION A Kebe!~ pt!i..lSUnt a::isodation is a p1.!•t::tu11t a:,;)uciation C)I~ bli'ihcd or LD b\! C!:itubli~hr.<l in ac(.'.onJance ,vith 1\1udt of thi,; Prn;.:;hmrntirni. 15. Powers und Duties of Kebe:le Pc(lj.£111/ A.Hal'iatiun.:; ln addition to the powers and duties gire,n tn p(a~.;.lL-~· a)~ocia1io11':i wnier Article 7 of this Pnx:lamati~111, V. Kebele peas:int association shall have the followin~ po• an<l duties: l) lo dimibtllc, with lhe suliciteJ assistance of the (j,, crnmcnt when necessary, land within its ,kli1nitcd ;;:.i­ a, much as po»ible equally and in the fvl!owin~ ,.d,: a) lo peasanb an<l formL'r landowners res.idin~! wii!..:1 thl! nrca; b) to evicted peasant,; c) lo persons who reside within the area but dil :.JI haw work or suflicient means nf livdihooJ; d) to peasant, coming from outside of th•: arei: c) 1,, pensioned persons who m c able t,, unJenilll personal cul1iva1ion when the a,sociati,m bclie1a that such person should be allotted land; f) ro organiz,,tions which need land for their upkt<tl in accordance \\1th directives to be i,1ucd; 2) to follow·up and supcrvi-.c the proper tilling ;,)II devdopmrnt of cultivable land and the augmentatiJI of pi·vduction: 3) tu hear nntl sclllc lli,putcs within it, area in accor~I ~ince with thii;; Proclam:itiun; 4 l to implement directive,, dcdsion, anJ ords,; tr.i,'ll'I mined from higher organs; 5) to submit operational report to higher associations, 16. Leading Orsmrs of Kebe/e Peasam Arn,,1c·i11lio11 Evety Kcbclc peasant association shall have the f01Jo11i:fl leading urga1\s.: I) a General Assembly of members; 2) w1 Executive Committee; 3) au lnspcc1io11 Committee; and 4) a Judicial Tri!Jwrnl. 17. General A.iscmb/y of hfrnrb,,,s I) 2) The Gene.ml Assembly of mcmb~rs of KdJd; peail#I assot:ialion shall he compose<l of all membci; of t:C msocia!i<)n and shall be the highest leading org,a d the Kcbclc peasant U!>,ociation. The working procedure am! detailed powers and dutiltl of the General Assembly of Kebele peasant a1s0si.,ti~ shall be prescribed in internal regulations 10 be 11,.:J by AEl'A. J8. The Executit'e Commil/ee of Kebele Peasant AssocimiJn I) 'fhe Executive Conunitlec of Kebele peasant as;u.-i>l tion is an organ ~!e~te.d by the General Assembly rJ members anti ,hall be responsible for the pcrform,ll,S nf 1iw ,h\'- tn-d:iv adiviric<; ()f the as~riciark1n. Ncgarit (iaLClJ -- No. 0 -- 2-llh ]\,Jay, J9i'>2 ~ Pagi: 121 2) ·1 he ( lwirman of the Executive Committee of Kdxk pc:i,:int association ,hall Ix: the chairman of the ffcncra1 1V,~i.:mbly an<l the Kt'bdi; peasant aj.sociation. 3) 'I lie term of ,,lfice of the memlwr, <>f the Executive Cuinmittcc ol Kl.!bdc rfasant association ~hall t,~ two ~l':tf!I. 4) The m1111Lcr of member,, working procedure .:.ntl ,\et;ii\ed p,l\\crs and duties of the Executive Committ~e '1f K,:bck peasant association ;hall be prescribed in ir,t\!rnal regulations and directives of pea~unt associa­ tion, to he iswe<l by AEPA. 19, The Jnsp,·cri,Jn Committee of Kebele Peasant As.H>t:imion J) 'fhe Jnspcction Committee of Kchele peasant associa­ tion is a lc:iding organ which shall have responsibility for ensuring the proper implememation of the power; am! duties given to members and leading organs of the association hereunder and the prupcr management of the pro1wny of the us~ociation. 2) ~ lcmlwrs of the Inspection Committee of Kebele peasant association shall be elected by the Gener.ii Assembly of the Kcbele peasant association. 3) The term of office of the members of the Inspection Cllmmittee of Kdx:le peasant association shall be two year:,. 4 l The nvmber of members, working proccdur~ and ,kwilcd powers and duties of the Jnspcction Com­ miltec of Kebele peasant association shall he pre­ scribeJ in <jircctivcs to be issueJ by AEPA und ia the directives of the Central Inspection Committee of AEPA. '.'O. l11diciul Tnbwial of Kebele Pema111 Associuliun I) The Jm.liciul Tribunal of Kebcle peasant ussociation is a leading organ clccti:<l by the General Assembly of 1hc Kebele peasant a.:.ociation and shall dl,charge the judicial responsibiUtie,; given to the association hereunder. 2) The Chairman of the JuJicial Tribunal of Kebele peasant association shall be designated by the Gener:1! A"cmbly from among its members. 3) The term of ot!\ce of the members uf the Judicial Tribunal of Kcbcle peasant associations shall be two years. 4) The numhcr of members, working procedure and de­ taikd powers and duties of the members of the Ju<liciul Tribunal of Kebele peasant association shall be as pre;cribe<l in Chapter Eight of this Proclamation. CHAPTER SIX PROV!NClAL, AWRAJA AND WOREDA PEASANT ASSOCIATIONS 21 , Establi.,/1mem Prnvinciul, Awraja and Worcda peasant association, are msc>eiution.s e:.tublisheJ in accordance with Article 9 of this l'ruclwnution. 22, Power, and /Juri~s of Provi11C'ia/, Awraja wu/ Wor~da Pearnnt Associmions In addition to the powers and duties given to peasant l!%ociativns under Article 7 of this Proclamation, provin­ cial, Awrnju unJ Wore<la p;,asant a:.,;ociation.s shall have the following powers and duties: J) in acrnrdance with directives to be ;,, \lied by the Government, to change the boundaries of associations within rheir jurisdictions so that peasants shall hcive, us far us possible, equal holding,; Ncg,1rit (bzt:ta No. C, 24th 1\lay, 1982 2) 3) 4) 5) 6) 1,, follow-up and ,up,:rvi,c the prnpcr tilllllg .,,: Jcvelopn1cnt of cultivabk land and the augmen1:i1i;.I of procluctiun; to 1.:uordiuatl:, gukh;1 and receive repurh, a~ sup~ri,11 organs, on tllr a~tivitics of lower as~o-..:i~lJioff:i wiir.'.:i their n·~p,:cti\'C jurisdictions; t~. ~oor1.Hn:1tc pcas ;mt as.st1i:::iatit~ns within tlu.;i~· jnr~ I dtdtons wllh a view to creatmg dose rdat1umr.i; between tl,em and other mass organizations ali! government office -;; to implement directives, decisions an,! orders 1r:l!li' ■ milted from higher a,sociations; and to sulJmit rq:>orls ou their aclivities to higher a,,.>• cialions at evl!ry level. 23. l,t!<1di11g Organs of Prul'incia/, Awraja and Woreda J>emwll AJ.WCfrlliO!IS Provincial, Awraja and Worcda peasant associations sl,J have the following leading organs: 1 ) congresses; 2) crn1unittccs; 3) executive ,ummillccs; 4) inspection committees; und .5) judic-ial tribunals in the ease i.,f Awraj., and Wore.ll1 pca\ant assoda1ion,; 24. Cun:;renes of l'rovi11ci11/, Awraja and Woreda Peuwnt /1 HUciations I ) The cougrcs,cs of provincial, Awraja a1.11I \\'(lfeJ.I peasant as.odutions m c the highest organs of provill­ ciul, Awruja und Worcda peasant a.~sociation-; 2) The nrnnn,,r of dekg.1tion, working proccduri :irJ detailed powc.rs at1d duties of the congresses c,f prmit> cial, Awraj:1 and Worcda peasant aswciations shall be prescribed iu internal regulations and dirccthll to be issued by AEPA. 25 • Commillecs of l'n>1·it1cia/, A wraja and Woreda Peasant Auodllli<ms 1) The commttlccs of provincial, Awraja anJ Woredlj peasant a<soctaltons arc leading org,ms of provincilf. Awrnp and Worcd,, peasant associations dected bJ provmcl.11, AwrnJa and Woreda congresses from an11JJJ' their members and sh.ill he respo11sible for the ovcnl direction of the associations. 2) Th, term of ollkc ,if \he members of provi11ciJl Awraja and Worcda commillccs ,hall be twu y~:.;;. '.l) The number of members, working pro..:c<lurc ai.l detailed puwcrs and duties of pr,,vincial, Awraj• an.I Wc,re<la committees shall be prescribed in dirccli,"Cf to be hsucd by AEPA. 26, The F,xecutive Co111111i1tees of Provincial, tlwruia and J¥oreda Pet.1.\'Wll A.ssocimivns I) 2) The. cxxu:iw committc,,..s of provincial, Awra1;1 cl \Vurcdu pc;.•sant as~t>Ciatiy~ns are leading nrga.11::,. elc~:t.J by provincial, Awruja w,d Wonxla cnnu11mee, W ,li.,ll perform the day-tcKlay activities ol the c<tD­ mitt1..·l~~ ·1 he chairmen of provincial, Awraja and ll'Ofail 'i e,c,'lt1ivu cnn1mit1ees shall be the chairmen ,if pr<>- j vi11ciul. Awrnja and Worcda conumllccs, congres>A ""d ft.:~nrf•iilnn.:: Negaril Gazcta - N,>. 6 - 24th May, J ':/j2 - !'age J 23 3) The term of oftice of. the executive committ~s of provincial, Awraja and Woreda peasant assocblions shall be two years. 4) The manner of election, number of members, work­ ing procedure and detailed powers and duties of pro­ vincial, Awraja and Woreda executive committees shall be prescribed in the internal regulations and directives to be is.sued by AEPA.: 27. Provincial, Awraja and Woreda Inspection Committees 1) Provincial, Awraja and Woreda inspection committees .ire leading organs elected by provincial, Awraja and Woreda congresses from aniong their memoors which shall have responsibility foe ensuring the proper itn­ plementation of Lhe powers and duties given to mem­ bers and leading organs of the association hereunder and the proper mana~ent of the prope,rty of the association. 2) The term of office of the members of provincial, Awraja dbd Woreda inspection committees shall be two years. 3) The number of members, working procedure and detailed powers and duties of provincial, Awraja and Woreda inspection committees shall be presctibed by internal regulations and directives of inspection corn­ mittees to be issued by AEPA. 28. Judicial Tribunals of Awraja and Woreda Peasant Associations 1) Judicial tribunals of Awraja and Woreda peasant associations are leading ocgaos elected by Awraja and Woreda congresses from among their members and shall discharge the judicial responsibilities given to the associations hereUllder, 2) The term of office of the members of Awraja and W Ol'C<la judicr'al tribunals &hall be two years, 3) The number of members, working procedure and detailed pm11ers and duties• of Awtaja and Woreda judicial tribunals shall be as ~ibcd in Chapter Eight of this Proclamation. CHAPTER SEVEN THE ALL-ETHIOPIA PEASANT ,.SSOCIATION (AEPA) 29. fatablishment The All-Ethiopia Peasant Association (AEPA), &.hall be established in acoorda.oce with Article 9 d. this Proclwua• atian and shall give central guidance to all Ethiopiwl peas­ ants and peasant association, as the only nation.al peasant association in Ethiopia. 30. Puwcrs and Duties of the All-Ethiopia Peazant Association (AEP A) In addition to the powcn and duties given t.o pe11Sant associations under · Articl.e 7 of this Proclamation, the All-Ethiopia PcaBant AsllOCiation (AEPAJ shall have the following powers and dutie.: 1) to give central guidance t.o peasant associations estab­ lished at every Ieval; 2) t.o devise in coopetation with those concerned, method~ by which institutions thal pl'OJllOlc the tech­ nical know-how and &epen the ideological outlook of the peasantry may be expanded; to make the neccssury cootributicu to tho implcmwtati.on thereof; Negarit Gazeta - No. 6 - 24th May, ~982 - ~j ; 3) to rnke part in the consideration of laws, «:1· and dire,:,ti\'e; con.;erning peasants; to follow·U, imp\ement.,ti,m bv t11e peasantry after they Jre 4) liJ lake part in the preparation of t11e e.;un~ social plan, of the country; to follow up the• mcn:ution of the plans by the peasantry; 5) 6) ,o make the necessary contribution in the 1 for peace, justice, freedom and democracy by close ~clationship with similar as,ociatio1u o/ countnes as well as regional and international ratic forces :;o that the peasantry of Revol · Ethiopia may discharge its obligati011, of pr · intcrnationa!h.m~ to is,uc internal regulations ussociaiions applicable to established at every level. ,mt! directives ol 4 all peasant a11.xila 3 l. Leadi11~ Organs of AEPA AEPA shall have the following leading organs: l) General Congress; 2) Central Committee; 3) Exe~utive Committee; and 4) Central lnsprction Committee. 32, The Gmeral Co11gre:,s I) The General Congress shalt be the hi~li<ll I organ of AE~A and shall meet every two ycllS 2) The manner of delegation, working procelllltl detailed power! and duties of the General C shalt be prescribed in internal regula1ions to Ix by AEPA. 33. The C elJ/rnl c,,mmittee I) The Central Committee is a leatling org,u1 el~ the General Congress from among its ,ncmblff shall be responsible, between sessions, foe tile ruidance u[ 1he association. 2) 3) The term of oflice of the members of the c,a Conunitlec ,hall be two years. The munbcr ol members, working proc•d~ detailed powers and duties of the Central C , ,h:,n be prcs.:rihed in i111emal regulations ol · ~»ocia:ions to be i,;sned by AEPA. 3-L rh:: E.n·cwive Commitlc.: {) 2) :J) 4) The Executive Committc~ ii. a leading orl}ID '1 by the Ccntrnl Committee from anwu~ its ~ and ,hall pcr(mm the tlay-to-day ,1ct,v1Uet I. Ccu1r:1l Conunillec. The Chairman of the Exc,cutivc Conuni:t« .hlQ the diahman of the Central Committee, ll.: c,al l 'ongrcss aud of lhc asso",;iation. The term of onice of the mcmli.,rs of the ~ Commillcc ,hall be two years. Tiu., manner o( clcctio.1, number of n1c111ba>, .. :mx:cdure and detailed powers auJ duties ::,. I:xc.:ulhe Conu11i1tec shall ~ !""cscribcd i,,' ,1 rci;ulut1uus of peasai1t assoc1at1011S IO be AcPA. ,-. Negarit Gazeta - No. 6 - 24th Mav. 1982 - Pa!!e 125 35. J'he Celllra/ Inspection Commitlee l) The Central Inspection Committee is a leading organ ele<:!ed by the General Congress from among its members and shall have the responsibility for en~uriug the proper implementation ol. the power. and duties given to the leading organs of the association here­ under and the proper' management of the property of the association. 2) The term of office of the members of the Central Inspection CummiHee shall be two years 3) The nwnber of members, working procedure and detailed powers and duties of the Central Inspection Conmiiltec shall be prescribed in internal regulations to be issued by AEP A. CHAPTER EIGHT PART ONE PROVISIONS AND PROCEDURES COMMON TO JUDfCIAL TRIBUNALS 36. Sc,we o/ Applica1ion I) The provisions of this Chapter shall apply mutalis mu/a11dis to all judicial tribunals established al every level. 2) AJly resident ,;hall have the right to be present at any hearing o[ the judicial tribunal and forward his views and opinions on the case at hand, provided, however, that tl1e judicial tribunal shall have the pc,wer and respU11sibility to render its own indepe.nJent decision based on law and justice. 37. Time and Place oj Hearing Any judicial tribunal may hold llltleti.ngs in the office of the association or in any other place and time which it deems suitable, provided, however, that the time o( the hearing shall, as far us possible, be outside working hours. 38. Working Procedure I) The j;tdidal tribunal shall register: a) the charge, and evidenc;: brought against the defendant; and h) the defence and causes produced by the defen­ dant; and shall give an equitable decision. 2) Al,l dedsions of the tribunal shall be i;iven by majority vote. 39. Option Not to E11ter1ain Case Any judicial tr\bunal shall have the optioo not to ent.¢,rtain or decide a case ,vhere the following conditions obtain: u) the defendant, in good faith, pleads guilty and appo­ logizes before the tribunal and makes good, on his own initiation, the damage he caused; ~ b) the plain till: or the appellant withdraws his charge or appeal. 40. Power 10 Impose Penalty afld Render Judgement 1) Where the judicial tribunal finds the defendant gujlly in cases it hears in ac.cordance with this Proclamation, it may impose, according to the gravity of the olleuce, any one of th<> following penalties: "'· Negarit Gazeta - No. 6 - 24th May'..-~82 -- Page j 2) 3) ; a) · warn the offender; b) order the offo:.a.der to make an apology to injured person. or .woclation; c) order the offender to confess Jiat bu act • bhameful; d) impose fine ranging from Birr 1 to Birr 300 imprisqnment not exceeding 3 munths; f) impose compulsory labour not e:y:eeding 15 d11 f) order the offender t.o corupai,.ate the inj person. Where th.:: lribuncl finds the defendant liable in .; cases it hears under this Proclamation, it may the defendant to make an immediate payment d money awarded, or to effect payment within a fi period of time or to cl.) or to refrain from a certain act. Where the tribunal as,.;c:rtains that Ute plaintiff~ tuted the buit with intent to cause undue income · to the defendant, it may order the plaintiff to appropriate damages to ,the defendant. 41. Repeated Offences The tribunal may impose moce than one of the peiw~ referred 10 in Article 40 of thi:; Proclamati(lll wbell finds that the ,lefcndant has oommitted repeated or c,;a. rent offences. 42. Transfer to Regular Courts anJ Concurrent Olfm.:ts 1) 2) Where, in the oourse of first instance oc appeal~ ceedings, any judicial tribunal finds that it hll juri,;Jictiou to bear a ... 'Ilse, it sh.all order tbe w · of the case to the competent regular oomt. Tho to .which any case baa thus boal. transfcmd have jurisdiction to hear and d«id4 such c.ut The court lo which a ca:.e bas been transferred · accordance with sub--anicle 1 d. thiJ Article, 1 without prejudice to the penal provisions pr in this Pr~clamation, give decision on the case · Ing on the charges instituted against the dcfe which fllll wiU1in lhC" jurisdictioo of the jua'. uibun.a.l. 3) · Where .i. regular court gives decisioo pursuant to articlu • 2 of tltis Article and where it is sati.ficd its decision will better be cxecuu:d through the p,;asant as&ociatioo, it. &hall transfec the exccuti(lll its decisiou to the judicial tribunal of the peaslllll associatioo ol. which the defeodant is a I 4) Where the offences oommitled fall within the ~ :;diction partly of. the judicial tribwll\l and partl7 ~ tbe regular court, the regular ~ shall have iutiJ411 tion to heur all of the offmcca ~eljhct. 43. Non • Complicmi:e H a per600 who is ordered to pctfarm compullllKY hhili faih to comply with &uch om«, $o. tribunal may «Jll!II the campulsory labour into impmanment not ~ 3 ro,,.,!h11 or fine 1101 ewccdiua llirr 300. •• Negarit Gazeta - No. 6 - 24th May, 1982 - Page 127 44. Evidenc·e 1) The tribunal may hear witnesses and examine docu­ ments which are necessary for the. dispa;ition ol the case at hand. 2) Any person or organization sllllllllOllCd pursllalllt to rnb-art. (I) of this '.Article shall appear in persoo anj produce the required documwts in time. 45. Appeal 1) Any party may appeal within 15 days from the da1~ of deci>ion by the tribunal. 2) The tribunal shall give to the party appealing a copy of the decision and the evidence therefor. 3) No decision of a tribunal given on ti.rot instance may be executed before the period set forth in .s.ub-article l of this Article expires. 46. Execution of Decision I) Any judicial ttibunal shall have its decision executed, through the executive commillee, by the revolution defence committee or the local police. 2) Sentences of imprisOll!llent passed by any judicial tribunal shall be executed only in governmcttt prisons. 47, Application for Removal of Member l ) Any party may apply lot tho (fflloval of any mt.lllber of a judicial tribunal wbccG · he can show cause why such member should not hear hi& case. 2) In the event 'ol such application, the member against whom the objection is made shall leave his chair and the application &hall ~ dc:dded by the rcmaini~ · members. 3) Where the tribunal docides in favour of tho applicant, the membor against whom the objection is made ,hall be replaced by another memb« witil decision ,s made on the case. 48. Ultra Vires Decisions 1) No person who has exhausted his right of appeal to judicial tribunals at every level, may appeal lo the regular courts from decisions of judicial tribunals hereunder. 2) Any party who has reason to show that any deci£ion or order of any judicial tribwial is ultra vires may rnbmit his case to the Minister. 3) Where tlle Minister is satisfied, from the submission made to him under sub-article 2 of this Article,. that the decision or order challenged is ultra vircs, he shaU: a) where the case relates to the implementatioo of this Proclamation, give final dccfaion therCOll; or b) where> the case doca not relate to the implemen­ tation of this Proclamation, annul the decision or order , and noti!y the party that he can refer his case to the regular courts. Negarit Gazcta No. 6 -- 24th May, 1982 ~ Pag~ 49. Co111e111p1 (lj Judicial Tribwrnl Any juJidal tribunal may summari.ly punish with impri1 mcnt nut exceeding 30 days or with fine not ci:ccc<l' Birr 200 any person who, in the course of it~ proceeJin' obstructs its proceedings .with insult, threats, ridicule other similar nets of <li.sturbance. 50. l'iaNs Wlwre Judicial Trib1111a/s Are Not E.1/abiishcd In rural areas where ju<lidal tribunals are not cstabh on the clkl;tive <late hereof, civil and criminal c..,;cs fall, wi1hin 1hc jurisdiction of said tribunals hereunder shall heard aud decided by the regular courts and i.n accorJar with the regular procedures; provided, however, that 1he r, gular cuurts shall, as of the day they are notified of establishment of judicial tribunal in the area concern cease to entertain cases, other than those pending bcf~ tlwm on the day of no1ification, which fall wilhin the jurit dictiun of judicial tribunals hcrew1dcr. I l . D<!ci.1i1111 011 A pf'cal 1) Any appdl.ite judicial tribunal to which a case is 3 pealed nwy confirm, ,u1nul or vary the <lecisirn1 on•, peal or rcmanJ the case with guidelines to 1hc judi.' tribunal which gave the decision appealed from. 2) Any .ippcllate judicial tribunal may, for good cau4 stay 1hc execution uf ;my decision given on first~ t,rnce until ,kcbio1~ is made on the appeal. 5? .. Additio,w/ f:'l'iiienc,· .Any appdl:ttc judidal tribunal may, where it fin,h 4 11e-..:t:::·'.'lary, hdmil r1dJitioua.l evidence in the cuursJ ,..if he.;.:~ ittg the HJ>pi.:~11 PART TWO Kl'8ELE, \\IOREDA AND AWRAJA JUDICIAL TRIDUNALS 53. Membns of Kebele Judicial 1'ribunu/ i) Any Kcbclc judicial trihwial sbali have 3 rcgulal anJ] ultcrnatc members elected by the general assem~J 2) The gcncrnl assembly sbull designate the chairmaa the wbunul. 54. Civil Juristl1ctiu11 Kc.iJd,, juuid,;1 tribunals sh,11! have power to hc,.r m,J Jt.i.ll the following: ! J With t l,c exec pl ion ,,f cases falling und,r the L,~ l-'nu..'!,1mation No. 64 / i 975~ nnd cx~1uJiH3 casi.:1 ~ which any rovcrnmcnr office or organi'lation i, ~ pJn llie I! 1h1mal shall have power to hear a11d dntJc following: v:d u) any dispute involving pecuniary claims of llilr 500 or any disputes 011 property of a of upto Birr 500; . . Ii) any clhpulc involvin~ ~arden plots, ~r, ,ubJC.:j Ankle l 8 of !he C1v1l Proccuure Cude, "'''~ ~iou c~,~~es in;io)ving private property, situ wilhin the Kcb.:lc peasant associatio:,; c) any cli• ru10 i nv0lving th; division of th•: com] f'"'P~rly of ,pnu·scs within the Kebc!e p,w:;nl ,ociation v.h•:re 1he divorc~ has been Jcci,lcJ the f"mily arbitrators and pronounced bY• court; 2) disputes between Kcbele peasant associations wi1u~ WorcJa on first instance; 3) a) disputes between service coo~rativcs anJ ~,~ pca,am associations within the Wurcda; b) disputes between s;:rvice coopcrat:ivcs w11!1u, Woreda. 59. Memhers oj Awwj<1 Judicial Tribunal I) The Awn,ja judicial tribunal shall hdvc 3 «g11!.r 1 2 alternate members, 2) The C,,ngress shall designate the Chairman J 1 tribunal. 60. lurisdic1io11 of Awraja Judici,,1 Tribwwl I) The Awraja judicial 1,ibunal shall have po"cr to~ and dociJe the following: a) appeals against decisions of WoreJa judicial ~i nals given 011 fm,t instance; b) dispulcs bctweeu Worcda peasant asslX'.i.-4 within the Awraja. 2) Decision, of th<! Awraja judicial tribunill shall Ix bl CHAPTER NINE REVOLUTION DEFENCE COMM11TFE 61: Estab/M1111e111 Executive Committees of peasant associations to be csa\ shed at every level shall have Revolution Defence cJ tees under them. 62. Revu/Wio11 L'eje11ci: Cummiltee o/ Kd,el<! Peasant Association l) The members of Revolution Defonce Commil!ICI Kebck pcasam association ~halt be clc.:1"1 hl Execmiw Committee from among its 1nc,nb<l1 2) The term of office of the members of the Re,·dilll Ddence Commillce of iebcle pea.sa111 a.sSO'iA shali be tw.:i years. 3) The numbi.,r of memhe.rs w1d the lime and rule;~ wdun: of the meetings of Revolutio,1 Dufcnce C tee shall be prescribed in diredivcs to be issued AEPA. 63. Powas and Dwies of Kebe le Revulutiu11 Dc{errce Committee I) Subject to directives ro be issed by the Govcnun the. future concerning revolution dcfcrn:c C( · members of Revolution Defence Cornmittct ,hall jointly and severally, the following pow~rs anJ a) to follow-up and no•ify the exeCulive com ' any conspiracies plotted against tho Re,ol unity and independence <J Ethiopia; wbaf finds a person in flagrallle de/icto rn c with such offence or where he has ,atlll reason to believe that an offender cf. ,uch • fcilce is likely to disappear or to tamper witb ence or is likely to commit fu11her offence, ~uch offender and hand . him over to the police station and forthwith notify the e committee of same; b) in the case of other offences, arrest any who is found committing any flagrant aud hand him over forthwith to the tive committee of the peasant as11ociati(ll the offence [alls within its jurisdiction, Of 11 appropriate police station, as the case may c) ~o produce w1y wwited person in ac ' with w1 order legally given by the executilt mittee or judicial tribunal r4 a peasant liou; , Negarit Gazeta - No. 6 - 24th May, 1982 - Page 131 d) to enforce decisions and orders given by the judi­ cial tribunal; to protect forests, mines, bridges, crops or other such public or government property within the area of its jurisdiction which need safeguarding from time to time; e) to carry out th~· 11ccessary dde11ce aud security activities aq:ordiiig to the d.;cision of the Govcm­ n1ent; and f) to institute crimirtal proceedings wider the juris­ dic\ion of the judicial tribunal and enforce the decisions thereof. 2) The members of the executive committee of the assn-. ciation may themselves perform or, coordinate and cause the dwellers in the area of the Kcbele pt>a;.ant association, to perform the activities specified in sub­ article l of this Article. 64. Provincial, Awraja and Jr'oreda Revolution Defence Commillees I) The members of prowcial, Awraja and Woreda Re­ volution Defence Committees shall be elected from among the members of provincial, Awraja and Wore<la Executive Committees by the Executive Committee. 2) The term of office of. the members of provilllcial, Awra­ ja and Woreda Revolution Deferu:e Committees shall be two year... 3) The number of members and the time and rules of pro­ cedure of the meetings of provincial, A wraja and Woreda Revolution Defence Committees shall be pre• scribed in directiv~ to be issued by AEPA. 65. Powers an.. Duties of Provincia~ Awraja and Woreda Revolution Defence Committees Subject to directives to be issued in the future by the Government concemiing revolution defenc.e committ.:es, provincial, Awraja and Woreda Revolution Defence Com­ mittees shall have the following powers wid duties: 1) to guid.: and ~rdiuate the activities qf revolution de­ fence committees in their areas; 2) to study and submit to their respective Executive Com• mittees, the ways by which the a.:tivities of Revolutioo Defe= Committees w their·· areas LUaY be coordinated with those of neighbouring associations; and 3) to perform other duties prescribed for them in directi­ ves to be Issued by AEPA. 66. AEPA Revolutio,n Defence Committee 1) 1be members of the AEPA Revolution Defence Com­ mittee shall be elected from among the members of the Al:!PA E.i<eculi.ve Commiw:e by the AEPA Executive Committee. 2) The term of office of the members of the AEPA Revolution Defence Committee shall be two years. 3) The nUlllber of lllembera lll1d the time wid rules of pro-­ eel.lure of the mcetiup of the AEPA Revolution Defelice Committee shall · be pre.!iCl'ibed iu dim:1ives to be issued by AEP A. Negarit Gazeta - No. 6 -- 24th May, 1982 - Page llj 67. Powers and Duties of the AEPA Revolution Dejence Committee Subject to directives to be issued in the future by the 3 vernment concerning revolution defence committees, · AEPA Revolution Defence Committee shall have tl,e f lowing powers and duties: 1) to guide arid coordinate the activities of provin,;iJI Revolution Defence Committees; 2) to study and submit recommendations of tht AE~-' Executive Committee on the ways by which the a¢ vi1ies of provincial Revolution Ddci.cc CommiU may be performed in a coordinated manner; ond 3) to perform other activities prescribed for it in directi to be issued by AEP A. CHAPTER TEN THE PERMANENT SECRETARIAT 68. EHab/i:.hment and Administration of the AEPA Permanent Secretariat 1) The AEPA Permanent Secretariat shall be cslablisld in Addis Ababa or in its vicinity. 2) The Secretariat shall be administer~d by the Execulitll Con1mittee of the Association. 69. Arsi~nment of Professionals in the AEPA Permanent Secretariat The Association may employ profess.iroals and persaiJI! 1wccssary for !he efficient functiooing of the accivit:es d the A~~ociation. 70. Secretariats of Provincial, Awraja and w,,reda Associations Provincial," Awraja and Woreua peasant ruisudatioos mlll have their own secretariats. CHAPTER ELBVEN MISCELLANEOUS PROVISIONS 71 . Svurce of Income of Peasant Associations 1) The source., of income of peasant ass~iations al e.«I level shall be contributions ma& by members and .. sistance obtained from other sources. 2) The amount of contribi>ti~ of individual me.nbi:tsllll the manner of payment shall be detennined by AEl'Ai 72. lntcmal Regulations of Peasant Associations 1) Without prejudice to· the peculiarities of every ~ association, peasant associations shall be adnli~ by internal regulations to be issued by AEl'A ill aj cordance with Article 30 ( 6) of this Proclamatioo. 2) Th-, wnditions ooder which peasant associations 1111 issue detailed work directives shall he determined the inkrnal regulations referred to in sub-article I this Article. 73. Rei:imatio11 Every peasant association shall be registered by the Mitl 1)' upon its establishment. 74. Legal l'ersona!ily , Every peasant association shall have legal persooality 1111 its registration by the Ministry. Negarit Gazeta - No. 6 - 24th May, 1982 - Page 133 75. Di;-cipline I) Disciplinary measur~ may be ta.ken against any leading organ or member of peasant association that violates the internal regulations of AEPA and direc­ tives and decisions issued thereunder. 2) AEPA may issue directives ooncernin11: disciplinary measures, 16. Repeal The following are repealed and replaced by this Proclama• ti 911: I) Articles 9, 10, 11, 12 (1) & (3) and 14 of the Public Ownership of Rural Lands Proclamation No. 31/1975; 2) Articles 4, 5, and 10-40 inclusive of the Peasant Associations Organization and Consolidation Procla­ mation No. 71/1975; and 3) the All-Ethiopia Peasant Association Establishment Proclamation No. 130/1977 as amended, 77. Power 10 Issue Regulations The Minister may issue regulations necessary for the pro• per implementation of this Proclamation. 78. Effective Vale This Proclamation shall enter into force as of the 11th day of March, 1982, Done at Addis Ahaba, this 24th day of May, 1982 1'liE PROVISIONAL MILITARY ADMINISTRATIVE COUNCIL