Addis Abeba — Among the legislative proposals introduced in the final days of the previous fiscal year and carried over to the current year was the draft Federal Civil Servants Proclamation.
Six months after its introduction to Parliament, the bill was endorsed yesterday, 19 November, 2024, by the House of Peoples' Representatives.
The bill was initially presented to legislators on 15 May, 2024. Following deliberation, the draft proclamation was referred to the Standing Committee on Human Resource, Employment, and Technology for in-depth examination.
Negeri Lencho (PhD), Chairperson of the Standing Committee, presented the final draft proclamation to Parliament yesterday, where it was subsequently approved by a majority vote.
"The proclamation aims to support the establishment of a government service and administration system that fosters efficiency and inclusivity," he stated during his address to Members of Parliament.
The bill, intended to regulate federal government employees, is an amendment to the previous law, which has been in force for the past six years.
The final version of the bill, which was presented to lawmakers for approval and reviewed by Addis Standard, comprises 160 articles distributed across 17 chapters.
It incorporates provisions for structural organization, workforce planning, job evaluation methodologies, salary scales, benefits, compensation adjustments, and incentive programs.
Additionally, the new law encompasses employee assessment and certification, training, recruitment, service delivery, change management, performance appraisal, and promotion.
Furthermore, the bill addresses employee transfers, diversity and inclusion initiatives, support services, responsibilities, duties, and grievance redress mechanisms.
"These comprehensive clauses collectively ensure a holistic approach to managing federal government employees and addressing their diverse needs and contributions," states the proclamation.
Dhakebo Badhu, a legal practitioner, explained to Addis Standard that the draft bill amalgamates various laws governing workers and their affairs. This consolidation incorporates Proclamations 1064/2010, currently in force; Proclamation 1263/2014, which defines the powers and duties of the executive organs of the Federal Democratic Republic of Ethiopia; and Decree 278/1977, establishing the Ethiopian Management Institute.
According to Dhakebo, these three proclamations are unified within the new law with the aim of governing the affairs of civil servants at the federal level, with the exclusion of employees working in judicial institutions, including judges, the police force, the national defense force, and other security establishments.
The proclamation is designed to attain eight specific objectives delineated in its introduction. A primary goal is the establishment of a system that ensures the recruitment and selection of government employees are predicated on transparent competition and merit.
It further encompasses a provision for the creation of a system to commend the achievements of exemplary government employees.
Dhakebo further noted that the law "necessitates the establishment of an autonomous institution tasked with the recruitment and performance evaluation of employees according to merit," a function he said previously unmandated.
"Moreover, the law introduces the delegation of responsibilities or outsourcing to external entities, signifying a novel approach to the management of federal employees," he added.
The law introduces several new clauses. Section 9 specifically addresses the inclusion or representation of underrepresented ethnic groups within federal institutions.
"A government service and administration system that considers the inclusion of various groups, such as ethnic groups, persons with disabilities, and gender, should be implemented," the law states.
On 14 June, 2024, Members of Parliament engaged in a discussion of the draft proclamation, presenting suggestions, comments, and inquiries regarding areas requiring improvement, clarification, and inclusion.
During the deliberations, Chief Commissioner of the Federal Civil Service Commission, Mekuriya Haile, elucidated that the bill addresses matters pertaining to nationalities, individuals with disabilities, gender, and diversity.
According to Mekuriya, the decree empowers government employees to execute their duties and responsibilities in compliance with the law and regulations, uninfluenced by any political ideology, party affiliation, or external interference.
During the parliamentary discussion, the deputy commissioner of the Civil Service Commission also emphasized that, at present, 17 ethnic groups are not represented within federal institutions.
Befekadu Diriba, a senior human rights officer at the Human Rights Defender Center, recognizing the intricate interplay of law and politics, asserted that "the new law will confront challenges arising from the complexities of power structures and the pivotal role of civil servants in preserving stability and accountability within federal laws and policies, particularly within established norms."
During yesterday's parliamentary session, members of parliament raised concerns about the potential for this proclamation to conflict with the legal frameworks governing other institutions. In response, Negeri clarified, "While this proclamation applies to all civil servants across the country, specific institutions will be addressed in accordance with the unique nature of their work."
Befekadu elaborated on the necessity for the civil service to be shielded from political influences to ensure effective governance.
He emphasized the critical importance of transparency and adherence to regulations in safeguarding the integrity of the civil service, extending beyond the mere drafting or legalization of new proclamations.
Dhakebo highlighted that Article 99 of the draft bill confers substantial authority upon officials, consistent with Article 51, which explicitly authorizes officials to transfer or relocate employees at any time and to any location. Should an employee decline such a transfer, Article 143 deems the employee to have voluntarily resigned from their position.
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"These articles bestow excessive authority upon officials, creating a potential issue by restricting employee freedom and allowing for potentially politically motivated decisions," stated Dhakebo.
Concurring with Dhakebo regarding this excessive authority, Befekadu underscored the intricate relationship between the civil service and political systems, which varies across different regions and contexts.
He emphasized the diverse interactions between civil service roles and political patronage systems.
"The paramount importance lies in merit-based appointments, and the challenges posed by political interference within the civil service are undeniable. It is crucial to recognize that the law does not operate autonomously from the political culture or system established by the ruling elite," he explained.
Furthermore, Befekadu contended that this law would hinder the empowerment of civil servants by prioritizing political appointments over merit-based selection.
"This could disadvantage qualified individuals who do not align with the ruling party's political ideology and practices, potentially jeopardizing their career progression," he observed. "The draft will fail to address the deteriorating conditions within the civil service sector, primarily due to the excessive authority granted to political leaders over civil service affairs."
Dhakebo also asserted that the draft omits a provision for establishing a minimum wage.
"While it outlines salary scales and initial salaries, it fails to establish standardized parameters," he stated.
