Proclamation No. 1265/2021, which establishes the Ethiopian National Dialogue Commission, clearly defines the roles, responsibilities, and protections for its Commissioners under Part Three: The Commissioners.
Key Provisions for Commissioners
Here’s a detailed look at the core aspects concerning the Commission’s members:
- Number of Commissioners: The Commission will comprise eleven (11) Commissioners.
- Appointment Authority: The House of Peoples’ Representatives is responsible for appointing the Chief Commissioner, Deputy Chief Commissioner, and all other Commissioners. This appointment is contingent upon nominees meeting the specific criteria outlined in Article 13 of the Proclamation.
The Appointment Process
The selection of Commissioners follows a structured and inclusive process:
- Nomination Collection: The Secretariat of the Speaker of the House of Peoples’ Representatives receives nominations from the public, political parties, and civil society organizations.
- Shortlisting: At least fourteen (14) qualified candidates who meet the requirements of Article 13 are shortlisted from the nominations. This shortlist is then publicly disclosed and submitted to the Speaker.
- Diversity Consideration: The list of candidates must reflect gender inclusivity and other forms of diversity.
- Consultation: The Speaker engages in consultations with the leadership and representatives of opposition political parties, civil society organizations, and the Interreligious Council regarding the nominees.
- Final Submission: Following these consultations, the Speaker submits the nominations for Chief Commissioner, Deputy Chief Commissioner, and other Commissioners to the House of Peoples’ Representatives for formal appointment.
Criteria for Appointment
To be appointed as a Commissioner, an individual must fulfill the following stringent requirements:
- Be an Ethiopian National.
- Be committed to serving all religions, Nations, Nationalities, and Peoples of Ethiopia equally.
- Not be a member of any political party.
- Be capable of making a significant contribution to national consensus.
- Possess good character and personality.
- Be trustworthy by the public.
- Have no conviction for any serious crime.
- Possess the competence to discharge the Commission’s activities.
- Be willing to devote full-time to the Commission’s activities.
Remuneration and Benefits
Commissioners’ remuneration and benefits align with the salary scheme for Senior Government Officials.
Rights of Commissioners
Each Commissioner is granted specific rights to ensure their effective and independent functioning:
- Immunity from criminal prosecution during their service, unless caught in flagrante delicto or their immunity is stripped by the House of Peoples’ Representatives.
- Freedom to participate and vote in the work of the Council of the Commission.
- Access to and consultation of documents and other relevant information for the Commission’s work.
- Participation in committees and other Commission activities as decided by the Council of the Commission.
Obligations of Commissioners
Commissioners are bound by a clear set of obligations to uphold the integrity and effectiveness of the Commission:
- Discharge responsibilities and duties with due care.
- Devote full-time to the work of the Commission.
- Avoid conflict of interest.
- Maintain confidentiality of secrets acquired during their work.
- Refrain from engaging in conduct that could undermine the Commission’s impartiality, reputation, prestige, and effectiveness.
- Respect any other rules and Regulations of the Commission.
Removal of Commissioners
A Commissioner may be removed from their post under specific grounds:
- Incapability due to serious illness.
- Manifest incompetence.
- Serious misconduct.
- Absence from their post for ten consecutive days without sufficient justification.
- If it is discovered that they did not fulfill one of the criteria provided under Article 13 during their appointment.
Removal is executed by a decision of the House of Peoples’ Representatives, which can be initiated by a credible request to the Speaker with supporting evidence, a request from at least one-third of the House members, or a request from at least three Commissioners.
Resignation and Replacement
- Resignation: A Commissioner may resign by providing a two-month prior written notice to the Council of the Commission and the Speaker of the House of Peoples’ Representatives.
- Restriction on Other Government Posts: A Commissioner who is removed or voluntarily resigns cannot be nominated for another Government post for two years.
- Replacement of a Commissioner: If a Commissioner is removed, resigns, or dies, a replacement is appointed by the House of Peoples’ Representatives from the list of candidates previously not appointed, as per Article 12 of the Proclamation. If the Chief or Deputy Chief Commissioner’s position becomes vacant due to removal, resignation, or death, the Speaker will present candidates from the appointed Commissioners or reserve candidates to the House of Peoples’ Representatives for appointment.