By Dagnachew Tesfaye, Managing Partner at DMLF
The Ethiopian Digital Identification Proclamation No.1284/2023 done on 18th day of April 2023, governs the national id issuance and regulation. This brief article will cover a few points on the purpose of the Proclamation, eligible parties, what information is collected, unique number and digital identification credential, authentication and relying parties and data protection. Then a brief conclusion shall follow.
Objective
The objective of the Proclamation can be found both on the Preamble and Article 4 of the Proclamation. The establishment of a reliable Digital Identification system in Ethiopia aims to ensure the Resident’s right to be identified, enhances the ability to exercise other rights, improves trust between service providers and residents, and creates a nationwide enabling environment to ensure transparency, accountability and efficiency. The ID helps to plan national development effectively, create economic transformation, ensure good governance, reduce wastage of resources or eliminate redundancy and ensure inclusiveness when policies are designed and development plans are executed.
Eligible Parties
The eligible parties are all residents. Residents are natural persons living in Ethiopia fulfilling the requirements of residence place ( sojourn ) provided in Article 174 and 175 of the Ethiopian Civil Code or living in Ethiopia by obtaining residence permit from relevant authority. Article 174 of the Civil Code of Ethiopia provides residence of a person as the place where he normally resides. Article 175 states that the mere fact that a person is for a time in a certain place shall not be sufficient to constitute for him a residence in such place. However, a residence is acquired wherever the sojourn is to last or has lasted in fact, more than three months. Those residents who are issued a residence permit by Immigration and Citizenship Services ( ICS) are also eligible for the national ID. In addition to the above, minors can be registered upon giving the demographic data by a registered parent, caretaker, legal guardian or any legal body who can take responsibility to the minor and such person may take Digital Identification.
What Information is Collected
Digital Identification consists of demographic and biometric data. The Demographic data shall consist but not limited to full name, nationality, date of birth, gender, domicile address, mother’s name, phone number, email address, and postal address. Whereas the biometric data consist of fingerprints, iris and facial photo.
Unique Number and DIC
The registered resident shall be given a unique number which is a non-repeating number issued to a registrant after successful registration of both biometric and demographic data. Then the Digital Identification Credential (DIC) can be issued for the resident to use. The DIC shall be in the working language of the Federal government or the Regional government and in English.
Authentication and Relying Parties
Digital Identification may be taken as legal and sufficient evidence to prove or authenticate a resident’s identity. Any relying party that wants to put Digital Identification as a mandatory requirement to provide service shall get approval from the concerned regulator.
Personal Data Protection
The regulatory institution shall ensure that the confidentiality of personal data is maintained in the course of collecting, registering, authenticating, storing and processing of the same. The protection of data rests on criminal liability whenever violations are there in transferring data or collecting more data than needed.
Conclusion
The Ethiopian Digital Identification system aims to easily identify individuals who want to receive services and prevent illegal activities. Hence it is punishable to refuse to receive digital identification as a legal identity. Therefore, Ethiopia is aiming to register all citizens in a robust digital system to assist the country adopt policies that squarely fit to the needs of its citizens.
For related inquiries, you may contact us at info@dmethiolawyers.com
By DMLF
Immigration and Citizenship Services (ICS) requires the following documents when applying for a Business Visa:
For any related inquiries, you may contact us at info@dmethiolawyers.com
By Dagnachew Tesfaye, Partner at DMLF
The Alternative Child Care and Support Directive Number 976/2023 by Ministry of Women and Social Affairs, October 2023, incorporates a section namely Responding to Child Abuse and Neglect. The State is given the responsibility to respond to child abuse and neglect. The procedure of reporting, assessment, court approval, emergency removal and placement of children abused or neglected is briefly discussed here below.
Reporting
In principle children must be protected from abuse, neglect and all forms of exploitation in all care settings. If there is a serious, current threat to the child’s physical, sexual, emotional, or psychological safety, the child should be directed to the police or to the relevant bureau or One-Stop Center. Medical care shall be provided in cases of suspected or actual sexual abuse or other forms of physical harm.
Any person, including the child himself, can make a report to the relevant bureau or one stop center, police or a child protection expert at the woreda level, who has concerns about a child’s welfare, safety or wellbeing. An unfounded report that was made in good faith will not result in liability. This aims not to discourage reporting entities with the fear of penalty. The official to whom the report is made should note the details of the time, place, and address at which the alleged abuse or neglect occurred, and details such as name of the child or children and estimated age or ages of the children concerned.
Assessment
The next task is assessment. The caseworker in the Community Care Coalition or the Child Protection Expert carries out an all rounded risk assessment. If the assessment reveals that the child is in imminent danger or the victim of an alleged crime, the case worker or Community Care Coalition shall immediately inform the Child Protection Expert or the relevant bureau. Consequently the officer shall take immediate steps to secure the safety of the child, including by protecting the child from further contact with the perpetrator in cases of abuse, exploitation, or sexual abuse. If the results of the assessment indicate that the child cannot remain in the care of the person in whose care he is, an application for removal of the child to alternative care may be made to a court. If the child is to be placed in alternative care, all efforts shall be made to place a child in a form of alternative family based care for a defined period. The relevant bureau or Child Protection Expert shall arrange for the placement of such child for a period of no more than 6 months for the purposes of the provision of such services.
Emergency Removal
An emergency removal of a child could be implemented without a court order. This happens when there is reason to believe that the child is in need of protection. Removal is necessary , in a child’s best interest, when any delay in getting a court order to remove the child and place the child in temporary safe alternative care would jeopardize the child’s safety and wellbeing. The relevant bureau together with a police officer implementing such an emergency removal may without a warrant enter any premises for the purposes of removing a child in respect of whom a report of abuse and neglect has been received. If there is an immediate threat to the child, the police shall take steps to secure the safety of the child and to place the child in alternative care, with preference being given to family-based alternative care.
In case of any emergency removal of a child due to the imminent risk of harm, notice must be given to the parent or caregiver within 24 hours by the person who effected the emergency removal. The location of the child shall not be disclosed where it is not in his best interests. The relevant bureau shall confirm the emergency removal within 48 hours and placement of the child in alternative care with detailed documentation before the court. Where removal has been ordered by the Court, caseworkers assigned to the case shall undertake case management procedures in accordance with this Directive with the ultimate goal of reunification of a child with his family or placement in another form of alternative family or community-based care.
In conclusion, the fact that the Directive introduced a procedure for responding to child abuse and neglect as well as suggest placement options is a commendable act. State intervention to remove children from the family setting should only be undertaken where necessary for the safety and welfare of the child. Removal should be seen as a last resort and should be temporary and carefully monitored and regularly reviewed. The reporting to court as a prerequisite for before-removal or post removal is essential in making sure the procedure is not abused. The child’s best interest and safety shall be the determining principle in any decision taken.
For any related inquiries, you may contact us at info@dmethiolawyers.com
By DMLF
The National Bank of Ethiopia has introduced an amendment Directive namely NBE Amendment Procedure on Price of Gold Purchase No 1/2024, effective as of June 17/2024. This Directive is an amendment to a similar Directive number 3/2023.
The amendment Directive encompasses price adjustment for provision of gold in terms of its weight and international market value. Accordingly, those who provide gold to the bank 50 grams to 3 kg at a time will get a purchase price 60% more from international market value. Those who bring at a time 3.01kg to 30kg of gold shall be rewarded with an additional 67% more price from the international market. Finally, those aggregators who bring to the bank at a time above 30.1kg of gold shall be granted a 72% more price above the international market value.
The NBE introduced this amendment for the purpose of discouraging contraband trade in gold as well as to encourage gold miners to bring more gold to the bank. The combination effect shall benefit the foreign currency reserve of the country.
For any related inquiries, you may contact us at info@dmethiolawyers.com
By DMLF
The House of Peoples’ Representative in its session on June 11/2024 enacted the Proclamation to Determine Public Holidays and Celebration of Public Holiday Proclamation Number 1334/2024.
The Proclamation identifies 12 celebrated public holidays that governmental and non-governmental institutions shall be closed for public services. These public holidays and rest days are salaried days. The celebrated public holidays are classified as National holidays and Religious public holidays. The National Holidays to be celebrated at the national level are: 1/ September 11, New Year(Enkutatash), 2/ March 02, Adwa Victory Day, 3/ May 01, International Workers’ Day; 4/ May 05, Ethiopian Patriots’ Victory Day.
In addition to the above , the celebrated religious public holidays are: 1/September 27, Meskel Holiday; 2/ January 07, Christmas Holiday(save a change of date in a leap year), 3/ January 19, Epiphany; 4/ Good March 02, Adwa Victory Day; Friday; 5/ Easter; 6/ Eid al-Adha; 7/ Mawlid; 8/ Eid al-Fitr.
Other than the celebrated public holidays and religious holidays, there are Memorial Public Holidays. The memorial national holidays will be memorized at the national level whereby governmental and non-governmental institutions shall not be closed on working days. These memorial public holidays include 1/ February 20, Ethiopian Martyrs’ Day and 2/ December 09, Ethiopian National Unity Day (Ethiopian Nations and Nationalities Day).
Ethiopian embassy or consulate abroad will celebrate or memorize the national and religious holidays as per the direction given to it by the Ministry of Foreign Affairs, keeping the historic and religious procedures of the holidays.
The Proclamation also provides a celebration procedure for the public holidays, religious holidays and memorial days and the responsible organ for leading those celebrations.
However, essential services for the day-to-day life of the people cannot be interrupted in the name of public holidays. These essential services include water, electric light, telephone service, television, radio, and other similar basic services; hospitals, health centers, clinics, and pharmacies; Services necessary for the peace and security life of the people: such as police, defense force, intelligence, fire control services and other natural and man-made disasters prevention services; public transport services and gas stations; manufacturing industries working with shift programs; hotels, cafes, restaurants, groceries, lodges, pensions, and sanitary services; public recreation centers and parks; libraries and museums; commercial shops and stores; and other works and services to be determined by a directive or a decision of relevant authority.
For further inquiry, you may contact us at info@dmethiolawyers.com
By DMLF
The Madrid System for the International Registration of Marks is a centralized system that simplifies the process of registering trademarks in multiple countries. It’s administered by the World Intellectual Property Organization (WIPO). Under this system, trademark owners can file a single application with WIPO to protect their mark in multiple member countries. This streamlines the registration process, reduces administrative burdens, and provides cost savings for trademark owners. It’s a convenient option for businesses looking to protect their brand internationally without having to navigate the separate procedures of each country.
The Madrid System for the International Registration of Marks is governed by two treaties namely a) the Madrid Agreement, concluded in 1891 and revised at Brussels (1900), Washington (1911), The Hague (1925), London (1934), Nice (1957) and Stockholm (1967), and amended in 1979, and b) the Protocol relating to that Agreement, concluded in 1989, which aims to make the Madrid system more flexible and more compatible with the domestic legislation of certain countries or intergovernmental organizations that had not been able to accede to the Agreement.
The system makes it possible to protect a mark in a large number of countries by obtaining an international registration that has effect in each of the designated Contracting Parties.
One can file an application for international registration (international application) as a natural person or legal entity having a connection – through establishment, domicile or nationality – with a Contracting Party to the Agreement or the Protocol.
A mark may be the subject of an international application when the mark has already been registered with the trademark office of the Contracting Party with which the applicant has the necessary connections. Nevertheless, in the situation whereby all the designations are effected under the Protocol, the international application may be based simply on an application for registration filed with the office of origin. An international application must be presented to the International Bureau of WIPO through the intermediary of the office of origin.
The Madrid System offers several benefits for trademark owners:
Overall, the Madrid System offers a streamlined and convenient way for trademark owners to protect their marks internationally, providing both cost savings and administrative efficiency.
Ethiopia is a party to the World Intellectual Property Organization (WIPO) but has not yet joined theMadrid System. Ethiopia maintains a relatively comprehensive regulatory and legislative system for the protection of intellectual property through the regulatory body namely the Ethiopian Intellectual Property Authority( EIPA). The EIPA oversees and administers intellectual property rights (IPR) matters. However, the Ethiopian government expressed its interest, according to Africa IP SME Helpdesk, to accede among others to the Madrid Protocol and EIPA was tasked with the draft ratification proclamation.
To sum up, the Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. Ethiopia is not yet a member of the Madrid System. Given the advantages to start-ups and big corporations, Ethiopia will be evaluating the pros and cons and decide on joining the Madrid System.
For any related inquiries, you may contact us at info@dmethiolawyers.com
By DMLF
The Ethiopian National Dialogue Commission (hereafter the Commission) was established by Proclamation 1265 /2021( hereafter the Proclamation). The Proclamation was done as of 13th of January 2022. The term of office of the Commission is three (3) years.The term of the Commission shall begin from the time Commissioners have been appointed in accordance with the Proclamation. However, if there are sufficient reasons to extend the term of office, the House of Peoples Representative may order for an extension.
The Commission shall enjoy the government assigned budget. Nevertheless, the Commission is free to coordinate additional funds from legal sources.
The Commission is formed as an impartial and independent organ of the Federal Government with its own legal personality. The Commission is accountable to the House of Peoples’ Representatives. It is legally declared that everyone has an obligation to cooperate with the Commission pursuant to any lawful request of the Commission in the discharge of its mandate.
The Commission has among others the objectives of facilitating consultation between the various segments of the society by identifying the root causes of the difference on fundamental national issues and identifying the topics on which the discussion will take place and support the implementation of the recommendations made by the dialogues and build a democratic system of trust between citizens, the government and the People at the national level.
The National Dialogue and the overall tasks of the Commission shall be directed by principles of inclusivity, transparency, credibility, tolerance and mutual respect, rationality, implementation and context sensitivity, impartial facilitator, depth and relevance of Agendas, democracy and rule of law, national interest, using national traditional knowledge and values.
Once the dialogues are conducted, the Commission has a duty to hand over the documents prepared in time of national dialogue, minutes and other similar documents prepared in the term of the Commission, to the Secretariat of the House of Peoples’ Representatives and to the Ethiopian Archives and Library Service for preservation.
Therefore, Ethiopia has formed an independent Commission for national dialogue with the aim to resolve differences and disagreements through broad based inclusive public dialogue. The Commission shall lay the foundation for social and political issues to be solved in a sustainable manner, ensuring lasting peace and a consensus to build a democratic state.
For related inquiries, you may contact us at info@dmethiolawyers.com
By Mahlet Mesganaw, Partner at DMLF
The Ministry of Women and Social Affairs issued a directive namely “Alternative Childcare and Support Directive Number 976/2023” done as of October 2023(hereafter the Directive). The Directive embodies five family based care alternatives namely family preservation and strengthening, reintegration and reunification, kinship care, foster care, and adoption. Our focus shall be on kinship care, what kinship care is about and how kinship is implemented.
Kinship care is defined in the Directive as ‘’a private arrangement within an extended family whereby a child is looked after on a temporary or long-term basis by his maternal or paternal extended family, without it being ordered by an administrative or judicial authority’’. For the purpose of kinship care service, extended family members include grandparents, aunts, uncles, cousins and older siblings. Where a child is transitioning from any other form of alternative care into kinship care, the need for the transition must be examined and approved by the relevant bureau, Community Care Coalition or Child Protection Expert.
In order to implement Kinship care service for a child, that child is unable to live with their biological parent/s for any reason. Also where it has been determined that it is not in a child’s best interest to remain with his biological parent(s) or where the biological parent(s) are untraceable or deceased.
Kinship care could be formal or informal. Where children or families need support for informal kinship care, registration with relevant bureau or local authority (kebele) could be made to help link the family with support services.Steps should be taken to ensure the protection of children in informal care from abuse, neglect, child labour and all other forms of exploitation. The relevant bureau or relevant authority should encourage and enable informal caregivers. This needs the consent of the child and parents to formalize the care arrangement after a suitable lapse of time. The kinship care should promote the child’s welfare and protection including financial and other support. The standards and services for care of vulnerable children outlined in the Directive will be applicable for kinship care as well.
Where a kinship family is registered, then the kinship child and family are provided with support. In addition to support, monitoring shall be conducted in accordance with case management procedures with the aim of providing ongoing support and assessment to establish that the placement remains in the child’s best interest and their needs are being met.
Kinship care can be an appropriate form of short or long-term care. Efforts to reunify and reintegrate a child with biological parent(s) shall be done as far as possible. Where biological parent(s) are known, the Child Protection Expert or caseworker should ensure a full assessment of the parent/s to explore options for eventual reunification and reintegration. In accordance with the results of the assessment, the officers will determine the most suitable kinship household, and who will be matched with the family who can be best able to meet the unique needs of the child. The child should participate in the matching process and the children in the host family must also participate in the decision.
To sum up, kinship care, as one form of family based care, allows a vulnerable child to remain within the family circle of grandparents, aunts, uncles, cousins and older siblings.With registration of kinship family, the child under kinship care and the child’s host family can be monitored and eventually supported. The ultimate aim is for the child to grow with his/her biological parent(s). Efforts to reunify and reintegrate the child with biological parents shall be a task of the child protection expert. Till then the kinship care has to be monitored in order for the kinship care to rise to the level of meeting the best interest of the child.
For any related inquiries, you may contact us at info@dmethiolawyers.com
By Dagnachew Tesfaye, Managing Partner at DMLF
The Ethiopian House of People’s Representatives Approves Special Economic Zones Proclamation No 1322/2024 in its session on April 18,2024. In this article we shall see what Special Economic Zones are, types and benefits of SEZs and challenges and considerations.
Special Economic Zones (SEZs) are designated areas within a country where business and trade laws differ from the rest of the country. These zones are created to attract foreign investment, boost economic activity, and promote industrialization and innovation.
What are Special Economic Zones?
Special Economic Zones are areas where governments introduce policies that are more liberal and business-friendly compared to the rest of the country. These policies can include tax incentives, relaxed labor laws, and streamlined customs procedures. The goal is to create an environment that fosters economic growth and development.
Types of Special Economic Zones
There are various types of SEZs, each serving different purposes:
1. Free Trade Zones (FTZs) – Focus on trade and import/export activities.
2. Industrial Parks – Designed to attract manufacturing industries.
3. Export Processing Zones (EPZs) – Specialize in producing goods for export.
4. Special Economic Zones – Combine features of FTZs, EPZs, and industrial parks to boost overall economic growth.
Benefits of Special Economic Zones
1. Economic Growth: SEZs can significantly boost the economy by attracting foreign direct investment (FDI). The influx of capital can lead to the development of infrastructure and creation of jobs, which in turn stimulates economic activity.
2. Job Creation: By attracting businesses, SEZs create employment opportunities for the local population. This not only helps reduce unemployment rates but also improves living standards.
3. Technological Advancement: SEZs often attract high-tech industries and promote innovation. The transfer of technology and skills from multinational companies to the local workforce can lead to advancements in local industries.
4. Export Growth: SEZs are typically geared towards export-oriented businesses, helping countries to increase their exports. This can improve the trade balance and bring in foreign currency.
5. Infrastructure Development: Governments often invest in infrastructure development in SEZs, including transportation, utilities, and communication networks. This infrastructure can benefit the wider region and spur further economic development.
6. Regional Development: SEZs can help reduce regional economic disparities by promoting industrial development in less developed areas. This can lead to a more balanced regional growth within a country.
Challenges and Considerations
While SEZs offer numerous benefits, they also come with challenges. There can be significant costs involved in setting up these zones, and not all SEZs succeed in attracting the desired level of investment. Additionally, there may be issues related to labor rights and environmental impacts that need to be managed carefully.
Conclusion
Special Economic Zones are powerful tools for economic development, offering a range of benefits from job creation to technological advancements. However, careful planning and management are essential to ensure these zones deliver on their potential and contribute to sustainable economic growth.
For any related inquiries, you may contact us at info@dmethiolawyers.com
By DMLF
The Immigration and Citizenship Services(ICS) is established based on the restructuring made on Definition of Powers and Duties of the Executive Organs Proclamation No. 1263/2021. This Proclamation entered into force on the 6th day of October, 2021.
Hence ICS is established as an autonomous federal government body having its own legal personality. ICS shall implement the powers and duties entrusted to Immigration, Nationality and Vital Registration Agency(INVRA) under Regulation No. 449/2019. Therefore, the rights and obligations of (INVEA)Immigration, Nationality and Vital Events Agency (INVEA) are transferred to ICS.
ICS, an integral part of national governance, offers a comprehensive array of services crucial for maintaining and affirming the identity and mobility of citizens. From issuing and renewing passports to managing visa applications and handling residency permits.
As per Providing Foreign Nationals of Ethiopian Origin with Certain Rights to be Exercised in their Country of Origin Proclamation No.270/2002, foreign nationals of Ethiopian origin are allowed to be issued with Identification Card of foreign nationals of Ethiopian origin. New applicants who seek to obtain Ethiopian Origin Id, as first time applicants, have to bring foreign passport with a validity of more than 6 months, visa of entry/printout if e-visa was used, copy of Ethiopian passport, birth certificate, family identification of mother, father, brother or sister.
For inquires and legal support, you may contact us at info@dmethiolawyers.com
