Directive on Obligations to Be Fulfilled by National and Regional Parties Registered with the National Election Board of Ethiopia (Under Proclamation No. 1162/2011)

Under Article 160(2) of the Electoral, Political Parties Registration and Election Ethics Proclamation No. 1162/2011, a political party registered before the Proclamation came into force must meet the Proclamation’s requirements according to a schedule set by the Board. The Board has issued this Directive to implement that provision.

Part One: General

1. Short Title
This Directive may be cited as the “Directive No. —/2012 for Implementing the Obligations of National and Regional Parties.”

2. Definitions
Unless the context requires otherwise, in this Directive:

  1. “Proclamation” means the Electoral, Political Parties Registration and Election Ethics Proclamation No. 1162/2011.
  2. “Board” means the National Election Board of Ethiopia established by Proclamation No. 1133/2011.
  3. “Region” means a region established under Article 47 of the Constitution and, for the purposes of this Directive, includes Addis Ababa and Dire Dawa.

Part Two: Obligations of Political Parties

3. Number of Founding Members of a National Party

  1. Under Article 64 of the Proclamation, a political party is formed as a national party when it has at least 10,000 founding members and submits a document bearing their signatures as proof.
  2. Of the signatures submitted under Sub-article 1, residents of any single region must not exceed 40 percent.
  3. The remaining founding members must be regular residents of at least four other regions, with 15 percent of these members being regular residents of each region.
  4. The party may decide the regional composition of the submitted list of founding members within the limits of Sub-articles 2 and 3.
  5. A national party registered before the Proclamation that met the founding-member requirement of Sub-article 1 at its earlier registration need not submit it again. In this case the Board will issue the party a confirmation.
  6. A party registered before the Proclamation that did not submit the number of founding members in Sub-article 1 at registration will meet the requirement by submitting additional member signatures on top of those previously submitted to the Board.
  7. Members a party submits additionally under Sub-article 6 are counted as founding members.
  8. When a party collects founding-member signatures under the Proclamation and this Directive, the Board will give appropriate support so the process succeeds. It will also ensure that the relevant administrative and executive bodies provide the necessary assistance.
  9. In the party’s subsequent years of operation, the region with the party’s largest membership may change, provided the minimum regional distribution of founding members in Sub-article 1 is maintained.
  10. Once a national party has reached the minimum number of founding members under the Proclamation and Sub-article 1, it must not fall below that number.

4. Persons Who May Be Founding Members of a National Party

  1. Founding members must be 18 years or older and must not have had their right to vote removed by law or court decision. They must have indicated their agreement to become members, based on the explanation given to them, by signing beside their full names. They must also have provided the party with documentary or witness evidence that they reside in the area where they are registered.
  2. The founding-member information under Article 3 and Sub-article 1 of this Article must include the member’s full name, sex, age, kebele or woreda, and, as applicable, the locality name or house number. It must also include the residency document or witness confirmation, the document’s identification number if it has one, the signature, and the registration date. It must further include the name of the person collecting the information and a document confirming by their signature that they collected it accurately.
  3. The party’s membership register must have enough columns to record the founding-member information in Sub-articles 1 and 2, plus an additional “remarks” column.
  4. The person collecting founding members under the Proclamation and this Directive must give adequate explanation to those they ask to join.

5. Verifying the Accuracy of Founding-Member Information Submitted by the Party

  1. The accuracy of the founding-member information under Articles 3 and 4 is confirmed by the party’s officials or leaders, or by the person applying to register the party, under oath of the applicant.
  2. When a party submits the required number of founding members supported by an oath under Sub-article 1, the Board will examine the document. Once it confirms the document is complete, the Board will give the party the appropriate confirmation.
  3. Despite Sub-article 1, if a doubtful situation arises and the Board believes the party may have fewer than the required minimum membership, it may verify the information. It will do so in cooperation with the body authorized to certify residency where the founding members live.

6. Gender and Social Composition of Founding Members
Under Article 64(6) of the Proclamation, when a political party collects founding members, it must take account of gender and the various social groups in the locality.

7. Reporting Membership Numbers to the Board
A national party must submit a membership list report to the Board every two years to show that it has the membership required by the Proclamation and this Directive. If the report shows membership below the required number, the Board will order the party to make up the shortfall.

8. Number of Founding Members of a Regional Party

  1. Under Article 65 of the Proclamation, a political party is formed as a regional party when it has at least 4,000 founding members.
  2. Of the founding members in Sub-article 1, more than 60 percent (that is, more than 2,400) must be regular residents of the region.

9. Application of Relevant Provisions on National Parties
The requirements and obligations set out above for national parties, from Article 3(3) through Article 7, apply equally to regional parties.

10. Persons Who Cannot Be Members of a Political Party

  1. Under Article 63 of the Proclamation, the following may not be members of a political party:
    (a) Judges;
    (b) Prosecutors;
    (c) Members of the defense force;
    (d) Persons working in the police, security and other law-enforcement bodies;
    (e) Officials and employees of the Board.
  2. Persons listed in Sub-article 1 who wish to be active as party members must resign from their government jobs.
  3. A person who violates Sub-article 2 is considered to have resigned voluntarily from their government post, and the relevant body will take the necessary action.
  4. A person collecting founding members under the Proclamation and this Directive must tell the people they approach about the provisions in Sub-articles 1 to 3 of this Article.

11. Disclosure of the Document Signed by Founders

  1. The document signed to meet the required number of founding members, whether for a national or regional party under this Directive, is a publicly disclosed document.
  2. When the Board makes the founding-member document public, it may withhold members’ addresses out of regard for their privacy and personal life.

12. Time Limit for Meeting the Minimum Number of Founding Members

  1. A previously registered, active national party with fewer than 10,000 founding members must, within two months of this Directive’s approval, submit to the Board a document showing additional signatures collected under the Proclamation and this Directive, bringing its total to at least 10,000.
  2. A previously registered, active regional party with fewer than 4,000 founding members must, within two months of this Directive’s approval, submit to the Board a document showing additional signatures collected under the Proclamation and this Directive, bringing its total to at least 4,000.

13. Notifying the Board of the Election of Party Officials

  1. Under Article 67(2)(f) of the Proclamation, party officials must submit to the Board a document stating that they were elected in a free and democratic election in accordance with the party’s bylaws.
  2. The Board will decide the timeframe within which a previously registered party must meet the requirement in Sub-article 1, taking into account each party’s circumstances.

14. Party Program

  1. Under Article 73 of the Proclamation, a party’s program is approved and amended by the party’s general assembly.
  2. The Board will decide the timeframe within which the general assembly of a previously registered party must convene under the Proclamation and approve the party’s program, taking into account the party’s circumstances.

15. Content of a Party’s Bylaws
Under Article 74 of the Proclamation, a party’s bylaws must include provisions on the following:

  1. Conditions for admitting and dismissing members;
  2. The party’s various organs, how they are elected, their terms of service, and their duties;
  3. The type of membership dues members pay;
  4. A provision setting the general assembly at no fewer than 500 members for a national party and no fewer than 200 members for a regional party, as applicable under the Proclamation and this Directive;
  5. A provision that the general assembly must meet at least once every three years;
  6. The party’s structural organization and hierarchy of authority, including the structure and operation of its branches;
  7. A list of matters requiring a decision of the general assembly;
  8. Provisions setting out the decision-making and action processes for the party’s merger, coalition or front with another party or parties, and for its dissolution;
  9. The procedure by which party members are put forward as candidates for national and other elections at all levels;
  10. The party’s human resource, finance and audit management systems and procedures;
  11. The party’s system for managing funds and property, its income-generating activities, and a provision identifying the body or official with authority to decide on these matters;
  12. The party’s procedure for resolving internal disputes;
  13. A provision that the party’s leaders and officials at all levels are elected transparently, freely, fairly and by secret ballot.

16. Approval of Party Bylaws
A registered, active party must revise the bylaws it has used until now to meet Article 74 of the Proclamation and Article 14 of this Directive. It must approve them and submit them to the Board within the time the Board sets. If amending the bylaws requires a general assembly, the Board will decide how long the party has to do so, taking into account its circumstances.

17. General Assembly Meetings

  1. A previously registered, active party whose general assembly is overdue under its bylaws must hold it within the time limit the Board gives. The Board will review party files and send reminders to the parties.
  2. For parties whose bylaw-mandated assembly period has not yet passed but whose previous general assembly was incomplete under the Proclamation, the Board will set and announce when they must hold their general assembly. It will take into account the parties’ circumstances, other related factors and the election schedule.

18. Leadership Positions in a Party
Elections for leadership positions within a party must take account of gender representation. If the party has not achieved this, it must provide evidence of the adequate effort it made toward it.

19. Relationship Between Party Branches
A party with branches at the national, regional and sub-regional levels must set out in its bylaws the relationship and hierarchy of authority among the branches.

20. Consequences of Failing to Hold the General Assembly on Time

  1. Under Article 98 of the Proclamation, if a party is three months late in holding its members’ general assembly as required by the Proclamation and its bylaws, the Board will notify it to hold the assembly within a set time limit, taking into account the party’s actual circumstances.
  2. If the party does not hold its general assembly within the time limit in Sub-article 1, the Board will take action up to and including cancelling the party’s registration.

Part Three: Miscellaneous Provisions

21. Schedule for Meeting the Requirements
Under Article 160(3) of the Proclamation and this Directive, a party that fails to meet the requirements of the Proclamation and this Directive within the schedule the Board provides may face action from the Board up to and including cancellation of its registration.

Directive on Obligations to Be Fulfilled by National and Regional Parties Registered with the National Election Board of Ethiopia (Under Proclamation No. 1162/2011)

29. Effective Date
This Directive takes effect on the ___ day of ___ 2012 (Ethiopian calendar), the date of its approval by the Board.