A Research Report on Policy Information Gap Analysis on Selected Topics June 16, 2014 1 TABLE OF CONTENTS Acronyms .......................................................................................................................................5 General Introduction ......................................................................................................................7 I. ENERGYPOLICY ..................................................................................................................... 10 1.1. Introduction ................................................................................................................................ 10 1.2. Policy ........................................................................................................................................... 11 1.3. How the Policy informs or relates with PRIME activities ............................................................ 14 1.4. Opportunities and Challenges of the policy and the practice for PRIME activities .................... 15 1.4.1. Opportunities ...................................................................................................................... 15 1.5. Challenges ................................................................................................................................... 16 1.6. Conclusion and Recommendation .............................................................................................. 19 1.7. Reference .................................................................................................................................... 20 II. Livestock and Livestock Products Trade Policy ....................................................................... 22 2.1. Content ....................................................................................................................................... 22 2.2. Description .................................................................................................................................. 22 2.3. Achievements so Far/ Practicability ............................................................................................ 23 2.4. The Policy’s Relevance to PRIME Activities ................................................................................. 27 2.5. Conclusion and Recommendations............................................................................................. 27 2.6. Suggested Readings .................................................................................................................... 28 III. Micro and Small Enterprises Development and Entrepreneurship Strategy ............................. 31 3.1. Introduction ................................................................................................................................ 31 3.2. Description .................................................................................................................................. 31 3.3. Legislative and Institutional Framework ..................................................................................... 35 3.3.1. Microfinance Proclamation................................................................................................. 35 3.3.2. Establishment of Cooperative Societies.............................................................................. 37 3.3.3. Establishment of the Federal Agency for the Development of Micro and Small Enterprises 38 3.3.4. Establishment of Regional Agencies for Micro and Small Enterprises Development......... 39 3.3.5. Capital Goods Leasing Business Proclamation No. 103/1998 ............................................. 39 2 3.4. Relevance of the Policy for PRIME activities ............................................................................... 40 3.5. Conclusion and Recommendation .............................................................................................. 41 3.6. Suggested Readings .................................................................................................................... 43 IV. Technical and Vocational Education and Training (TVET) strategy ........................................... 44 4.1. Introduction ................................................................................................................................ 44 4.2. Policy, Legal and Institutional and Legal Framework at the National Level ............................... 44 4.3. The Regulatory Framework in Afar, Somali and Oromia Regional States................................... 48 4.4. Relevance of the Policy for PRIME Activities .............................................................................. 49 4.5. Conclusion and Points for Considerations for PRIME Intervention in the TVET Sector.............. 50 4.6. Suggested Readings .................................................................................................................... 52 V. The Ethiopian Water Resources Management Policy: Particular emphasis to the Pastoralist Community .................................................................................................................................. 53 5.1. Introduction ................................................................................................................................ 53 5.2. The Policy .................................................................................................................................... 53 5.3. How the Policy Informs or Relates with PRIME Activities? ......................................................... 62 5.4. Conclusion ................................................................................................................................... 63 5.5. Suggested Readings .................................................................................................................... 64 VI. The Land Policy in Ethiopia: Particular Emphasis to the Pastoral Community (Afar, Oromo, Somali) ........................................................................................................................................ 66 6.1. Introduction ................................................................................................................................ 66 6.2. The Policy .................................................................................................................................... 66 6.3. Description of the policy ............................................................................................................. 67 6.3.1. At Federal Level................................................................................................................... 67 6.3.2. At Regional State Levels (Oromia, Afar and Somali) ........................................................... 69 6.4. How the policy informs or relates with PRIME activities? .......................................................... 74 6.5. Conclusion ................................................................................................................................... 75 6.6. Suggested Reading ...................................................................................................................... 76 VII. Forest Development, Conservation and Utilization Policy and Strategy .................................. 78 7.1. Introduction ................................................................................................................................ 78 7.2. The Policy .................................................................................................................................... 78 7.3. Description of the policy ............................................................................................................. 79 7.4. How the policy informs or relates with PRIME activities? .......................................................... 84 3 7.5. Conclusion ................................................................................................................................... 86 7.6. Suggested Readings .................................................................................................................... 87 VIII. Climate Change and Disaster Prevention and Preparedness Policy ......................................... 89 8.1. Introduction ................................................................................................................................ 89 8.2. Overview and Institutional Framework of the Policies, Strategies and Programs. .................... 90 8.3. Description of the Policies .......................................................................................................... 94 8.3.1. Federal and State Level Disaster Risk Management Policies .............................................. 94 8.4. Implication of the Policy to PRIME............................................................................................ 102 8.5. Climate Change Related Policies, Strategies and Programs ..................................................... 104 8.5.1. Description of Climate Change Related Policies, Strategies and Programs ...................... 104 8.5.2. Practicability and Progress on Implementation ................................................................ 110 8.5.3. Implication of the strategy and programs on PRIME ........................................................ 113 8.6. Conclusion and Recommendation ............................................................................................ 113 8.7. References ................................................................................................................................ 117 Annex: List of Contacted Persons for Key Informant Interview ..................................................... 120 4 ACRONYMS ADLI Agricultural Development Lead Industrialization BDUS Biofuel Development and Utilization Strategy BPR Business Process Reengineering CAHWs Community Animal Health Workers CMF Crisis Modifier Fund CRGE Climate-Resilience Green Economy DRM Disaster Risk Management DRMFS Disaster Risk management and Food security Sector DRMP Disaster Risk Management Policy DRR Disaster Risk Reduction EEA Ethiopian Electricity Agency EEAu Ethiopian Energy Authority EEF Energy Efficiency Fund EEPCO Ethiopia Electric Power Corporation EIWR Ethiopian Institute of Water Resources ELTA Ethiopian Livestock Traders Association EMMA Emergency Markets Mapping and Analysis EMPEA Emerging Markets Private Equity Association EPACC Ethiopian Programme of Adaptation to Climate Change ESIFSLM Ethiopian Strategic Investment Framework for Sustainable Land Management EWS Early Warning System FDRE Federal Democratic Republic of Ethiopia GHG Greenhouse gases GTP Growth and Transformation Plan IR MFIs Intermediate Result Micro Finance Institutes MoAMinistry of Agriculture MoFED Ministry of Finance and Economic Development MoW Ministry of Water 5 MSE Micro and Small Enterprises NDPPC National Disaster Prevention and Preparedness Committee NDPPF National Disaster Prevention and Preparedness Fund NEP National Energy Policy NGO Non Governmental Organization NLDP National Livestock Development Program NPDPM National Policy on Disaster Prevention and Management OSCs One stop centers PASDEP Plan for Accelerated and Sustainable Development to End Poverty PRIME Pastoralists’ Resilience Improvement through Market Expansion PV Photovoltaics PVPs Private Veterinary Pharmacies RDPPC Regional Disaster Prevention and Preparedness Committee RDPS Rural Development policy and strategy REDD R-PP Reducing Emissions from Deforestation and Forest Degradation Readiness Preparation Proposal SaCCOs Saving and Credit Cooperatives TGE Transitional Government of Ethiopia ToPs Transitioning Out of Pastoralism TVET Technical and Vocational Education and Training UNEP United Nations Development Program UNFCC United Nation Framework Convention on Climate Change VSLAS Village Saving and Lending Associations WREM Water Resources Engineering and Management 6 GENERAL INTRODUCTION APPROACH AND CONTEXT Sustainable program intervention should consider the policy framework of the country and the respective regions in which PRIME operates. This activity, therefore, envisages the assessment of policy, institutional and legal framework and their implementation in PRIME operational areas. The assessment is aimed at providing the basis for further special policy studies on selected topics/areas. These sectors are: natural resource management (Land, Water and Forest), climate change and disaster prevention, livestock marketing and microfinance, micro and small enterprise and entrepreneurship, technical and vocational education and training Institutions, Energy Sector. It is not an in-depth analysis of the policies and laws and their implementation. It is intended to serve as a stepping stone for further special policy researches. The Policy information gap analysis has been done based on the policy and laws collected from different sectors which are very important for PRIME. The data collection took about 25 days in the three clusters (Afar, Oromia and Somali Regions) and the Federal Institutions. The following are the sectors covered.It is a descriptive analysis consisting of the explanation of the policies and laws in the sectors mentioned above, the gaps existing either in the policy documents or in their implantation. A total of thirty two (32) government institutions located and operating in Addis Ababa and PRIME intervention areas (three regions) were visited for conducting key informant interview and collecting policy and legal documents. The assessment conducted in the three clusters and Addis Ababa revealed that there are sectors that deserve coordination of and also areas where full-fledged policies are not available - this mainly concerns the livestock sector. The energy policy in force is very old and the government is not doing enough to get the draft energy policy approved by the Council of Ministers. In Afar Regional State, there are no microfinance institutions and this hinders access to finance for micro and small enterprise operators and for pastoralists engaged in cooperatives. As a result, one stop centers are not established and micro and small enterprise are not receiving the required support 7 from the government. It is NGOs operating in the region that provides seed money for some of the pastoralist involved in MSEs. In the area of climate change and disaster risk management, there is lack of awareness about existing policies and current developments. Officials in pastoralist areas complain that policies are not well adapted to the special conditions and life style of pastoralists. SUMMARY OF FINDINGS The assessment suggested that the policies covered under this study failed to emphasize the special needs of pastoralists. This is particularly true for the energy sector. This sector is not given due attention and institutions are characterized by lack of sufficient expertise and fund to carry out their duties. We recommend a full scale policy analysis to be undertaken in some policies governing some sectors like MSEs and Microfinancing. The assessment also revealed that access to finance in Afar Regional State is a serious concern for MSE operators and cooperatives as there are no microfinance institutions working in the region. In almost all regions in which PRIME operates, the national policies are adopted by the regions with no or very little effort to adapt it to the unique situation existed in respective regions. As it is understood from the MSE policy and the structure and power of the executive organs of the government both at regional and federal level, the development of MSE sector is part of an urban development plan. This is of little significance for regions like Afar where majority of the population is not urban settler. Therefore, it is recommended that the states’ capacity should be enhanced so that a policy accommodative of the special conditions of the regions can be formulated. PRIME is aiming at easing business start up for pastoralists transitions out of pastoralism. This activity cannot be meaningfully achieved without the potential entrepreneurs, that PRIME sought to assist, being well trained about what the regulatory framework expect them to fulfill before starting their business. Therefore, it is better if learning materials can be prepared on the regulatory framework of the MSEs, trade registration and licensing requirements together with the provision of training on entrepreneurial skills. 8 The TVET Proclamation leaves various issues regarding the provision of TVET training, especially basic vocational training and junior technical and vocational training to their discretion. For instance, they have the discretion to determine the duration, language and content of the training taking into consideration their local needs and the country’s development strategy. Therefore, for sustainable and successful implementation of activities of PRIME related with TVET training for ToPs, the working requirements and procedures at regional level should be researched and compiled systematically so that compliance with the mandatory rules can be ensured. 9 I. ENERGY POLICY 1.1.Introduction Sustainable, affordable and reliable energy for all citizens is a key factor in realization of the vision of any government. It is one of the infrastructure enablers of socio- economic development. The cost of energy has significant impact on economic activities particularly those that are energy intensive such as cement, steel, pulp and paper production. Energy shortages and supply disruptions coupled with high cost remain serious obstacles to the development of different the countries of the world including Ethiopia. The FDRE government has prepared the NEP in 1994 to fulfill the energy need of the people. The overall objective of the energy policy is to ensure affordable, sustainable and reliable supply of energy which meets the national development needs, while protecting and conserving the environment. PRIME is working to improve the livelihood of the pastoralist through different activities. Among other things, the program includes facilitation of opportunities for pastoralists and semi pastoralist community in Afar, Somali and Oromia in general and for women in the area in particular to participate in income generating activities. In identifying these opportunities the program will place special emphasis on low cost energy technologies such as fuel efficient stoves, waste water reuse systems and solar technology that could either decrease time spent on household chores or increase productivity. The NEP as a policy applicable throughout the country has dealt with the energy issues to a greater extent. Having saying this, this policy review is prepared mainly for two reasons. The first is to inform the consortium members about the content and the scope of the existing energy policy. The second is to identify a policy gap and conduct a policy research, if there exist any. Thus, this review examines mainly the content of the NEP and strategies, laws and programs of the federal government and regional governments (Oromia, Afar and Somali if they have any) in terms of adequacy, relevance and implementation constraints for PRIME. With a view to make this, this review will have four sectionsto deal with the matter. The first section deals with the format, type and scope of the NEP. The second section deals with the description of the policy briefly while the third section connects the policy with the activity of 10 PRIME. The fourth section deals with the conclusions and recommendations of the study. Finally there will be suggested readings. 1.2.Policy The NEP was prepared during the period of the TGE (1991 to 1994) and issued in May 1994 and it is the first national energy policy of Ethiopia.1 Regimes before the FDRE government attempted to prepare energy policy for the country even though none of them succeeded. This Energy Policy document is a well prepared policy document despite that it is over a decade old and has some minor gaps.2 This policy is still in force as the energy policy of the FDRE government. However, recently the Ministry of Water and Energy announced that they are preparing a draft document amending the NEP of the country.3 The amended draft policy tries to address the gaps of the existing NEP. The ministry has also presented it for discussion with different stakeholders such as university professors, NGO’s, environmentalists and etc. According to the discussion the amendment is needed based on the fact that the previous NEP does not take into consideration the current Ethiopia’s vibrant economic growth, it does not interrelate the current development with energy demand of the country and it does not strengthen the effort to building renewable energy like bio fuel development through incorporating technologies that mitigate environmental pollutions. The NEP is applicable throughout the state of Ethiopia since its preparation till the country is federated. Some points from NEP are touched in other sectoral policies, strategies and programs such as environmental and Industrial. The Environmental Policy of Ethiopia tries to address energy poverty and ensure access to energy for the poor by also taking into consideration the real impact they have on the environment.4 The Industrial Policy of Ethiopia also tries to address how the industries expanding in the country could consume energy and without affecting the environment.5 1 From Digest of Ethiopia’s National Policies, strategies and programs Bekele Bayissa. 2008 ‘A Review of the Ethiopian Energy Policy and Biofuel Strategy. P 209-238. 2 Ibid 3 http://www.youtube.com/watch?v=cHA-TMXi1k0. 4 FDRE Environmental Policy of Ethiopia p.13 5 Supra note no.1 Industrial policy of Ethiopia p. 11 The NEP has been on the paper without providing policy instruments for a long period of time, 6 even though; it is prepared during the TGE. Compared to the other sectors, the policy does not have specific strategies, legislations and plans to put it on the ground. The mandate to control the implementation of the policy has been given for different ministries at different times based on the proclamation which restructures and defines the power and duties of the executive. Before the current proclamation No. 803/2013 which gives the mandate for the Ministry of Water, Irrigation and Energy7, it was given for the Ministry of Water and Energy based on Proclamation No. 691/2010.8 The NEP contains six sections within it: The preamble, the rationale for the policy, policy objectives, general policy, priority policy and main policy issues and strategies. It is prepared with the general rationale of formulating a comprehensive national energy policy which ensures least-cost development consistent with the country's energy resource endowment and socioeconomic policies. It has the following general objectives to achieve in a short and long term plan. To ensure a reliable supply of energy at the right time and at affordable prices, particularly to support the country's agricultural and industrial development strategies adopted by the government. To ensure and encourage a gradual shift from traditional energy sources use to modern energy sources. To stream-line and remove bottlenecks encountered in the development and utilization of energy resources and to give priority to the development of indigenous energy resources with a goal toward attaining self sufficiency. To set general guidelines and strategies for the development and supply of energy resources; To increase energy utilization efficiency and reduce energy wastage; and, To ensure that the development and utilization of energy is benign to the environment. 6 Mengistu Teferra,ed. 2001. AFREPRENLFWD Occassional Paper 11: Energy for Rural Development in Ethiopia-proceedings of a ‘National Policy Seminar, Nairobi, 2001. 7 See Art. -----of the proclamation no. 803/2013 a proclamation to amend the proclamation on the definition of power and duties of the executive organs of the Federal Democratic Republic of Ethiopia…. 8 See Art. 9 (14) of the proclamation on Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 691/2010, Addis Ababa, this 27th day of October, 2010. 12 This general rationale of the policy is further specified by the following specific purposes. To develop and utilize the country's energy resources on the basis of Ethiopia's overall development strategy priority along with the introduction of energy conservation and efficiency strategy. To support other economic sectors to meet their development objectives by putting in place a clearly defined energy policy; To save scarce foreign exchange resources and to ensure that energy is efficiently utilized; To ensure reliable and secure energy supplies to cushion the economy from external and internal disruptions of supply as well as price fluctuations; To change the current energy production and utilization practices and ensure that energy development is based on sound management practice and is benign to the environment. To formulate comprehensive energy prices in order to ensure financial and economic profitability; To ascertain what energy technologies and equipment are appropriate for and compatible with the country's economic development needs; and To raise the efficiency of the energy sector and develop the necessary institutional and manpower capabilities by introducing appropriate incentive measures, to undertake energy development programs. Since the coming into force of the policy, there is only one strategy, the BDUS, prepared to implement the policy. This strategy was prepared by the FDRE Ministry of Mine and Energy in 2007. The implementation of it is supervised by the same organ. It is applicable through Ethiopia as whole. The demand for the strategy emanates from two big reasons. The first is the recent rising of energy or fuel price. Fuel demand is getting higher while the supply is getting less. Political and social unrest in some oil producing countries also contribute to the escalation and destabilization of oil prices in the world. The oil price increase, which is the result of the mismatch between demand and supply, is becoming the barrier for stable and sustainable economic development for many countries, particularly for the developing world. The second reason is the search for ways to mitigate climate change. The international community believed that fossil fuel use is the main cause for atmospheric air pollution and earth warming, strong effort is being exerted to minimize the use of fossil fuels and to substitute by renewable energy 13 sources. The strategy aims at avoiding the energy problem in the country by generating alternative energy sources. The objective of the strategy is to ensure the production of biofuel without affecting food self sufficiency, import substitution and improve balance of payment. There is a new proclamation called Energy Proclamation No. 810/2013. This proclamation encourages private sector involvement in the energy sector which was previously solely owned by EEPCO. It reestablished the former EEA as EEAu under the supervision of Ministry of Water and Energy.9 The authority is mandated with the authority to issue licenses for generation, transferring, distribution and selling, as well as the import and export of electricity in Ethiopia.10 It is also responsible for issuing permits and setting price for private sector actors. 11 The proclamation also established the EEF to provide loans and financial support to companies and individuals who invest on energy efficiency and conservation activities.12 1.3.How the Policy informs or relates with PRIME activities As the above report shows, PRIME aims at addressing the economic problems of people in pastoral and semi pastoral areas in general and women in the areas in particular. It has proposed different income generating activities such as sewing, weaving (using recycled polythene papers), shoemaking and repair, and metal fabrication, carpentry and energy sector to alleviate these problems under IR3 which is working on strengthening alternative livelihoods for household transitioning out of pastoralism. Providing new technologies such as stoves and solar system for women to save their time and to enable them to have ample time to participate in income generation activities is also proposed as a means of strengthening the economic capacity of women. This technology has also the benefit of protecting women’s health that came out of fuel wood and the like. As the EMMA team assessed, the development of solar energy market system can effectively improve the resilience capacity of the pastoralists through different channels.13 In addition to this, not only solar energy but the development of other alternative energy sources such as biogas 9 See Art. 3 of Energy Proclamation No. 810/2013. Federal Negarit Gazette 20th year No. 12, Addis Ababa, 27 January 2014 10 See Ibid Art. 4. 11 Ibid. 12 Ibid Art. 23. 13 Tizita Afework and et al (May 28, 2013) PRIME Project Report Team Solar Energy Product Market System Assessment Report. . P.13. (unpublished). th 14 development for semi pastoral communities of the area plays significant role in changing their lives. It improves the livelihood of pastoralist through improving the education level of the pastoralists, which can pave the foundation for alternative livelihood activities and can increase production and productivities on their existing economic activities. It also will improve the natural resource management through; replacing the firewood and charcoal consumption of pastoralists as energy source, create predictable climate that can enhance their resilience capacity. In addition, the technology can light the hassles of searching for water in the lowland dry area through improving water tapping technology, which can improve the health status of the pastoralist and improve the production and productivity of both farming and livestock rearing. This and other issues of energy up on which PRIME project working on are dealt with in detail in the national and regional policies and documents. Despite the non existence of legal framework on energy in PRIME intervention areas, there are no institutional barriers that could hamper the work of PRIME. Thus, it would be easy to conclude that energy policies, strategies, programs and legal frameworks of the country and regions (Oromia, Afar and Somali) are related with PRIME activities. 1.4.Opportunities and Challenges of the policy and the practice for PRIME activities 1.4.1. Opportunities a. Alternative Energy Expansion Development Bio-mass wood-saver stoves:- In the two and half years period of the GTP, 3,368,280 improved bio-mass wood-saver stoves have been distributed out of a plan to distributing 4,015, 000. By the end of the GTP period, it is expected that about 9.415 million wood-saver stoves will be distributed.14 Training Institution on wood-saver stoves are on Built: - The federal government is building these training institutions in the nine regions.15 These institutions teach the community how they have to use wood saver stoves sustainably. PV- installation: - PV installation has also been undergoing for 345 rural health centers and 270 14 http://www.mowr.gov.et/. and some related information from my interviewee Ato. Melaku Hailu Habtemariam who is Senior Expert on Energy Support and Monitoring in the directorate of Sector support and capacity building at the Ministry of Water and Energy. 15 Ibid 15 rural schools. The installation has been completed for 189 rural schools.16 Installation of PV devices is dominantly carried out in rural areas where the need for health centers and schools are quite critical. Solar energy: - Out of the planned performance of distributing 825,870 solar energy technologies, which can be used by families and social institutions, 493,622 (60%) were distributed in collaboration with the government and NGOs.17 Additionally, the purchases of 25 thousand solar home systems has been completed and planned to distribute to regional states.18 56 samples of PV home systems have entered into the country from abroad over the past two and half GTP years and the first phase for installation of the systems are finalized. 19 And transportation of the rest PV system from abroad and distribution and installation have been completed. 1.5.Challenges Institutional problem: - The ministry entrusted with controlling the implementation of energy policy changed so many times with the reorganization of the executive organs which makes the sector to get less attention and ineffective in implementing the policy. Pursuant to proclamation No. 256/2001 the Ministry of Mines and Energy which was entrusted with monitoring the implementation of the policy is reorganized as the Ministry of Mines separately as a new and Ministry of Infrastructure separately and the latter is entrusted with the function of monitoring the energy policy. However, again pursuant to proclamation No. 471/2005 the Ministry of Mine and Energy is re-established and again started to monitor the implementation of the NEP. Again Pursuant to the recent legislation, proclamation No. 691/2010 the Ministry of Water and Energy is given the task of monitoring the NEP. The same institutional problem exists in regional governments’ particularly in Afar and Somali. The legislation which restructures the executive organs of the Afar regional state proclamation No. 55/2003 entrust the energy sector for the Mine and Energy Development Office which is responsible the Water Resource Bureau. 20 But according to the information from the workers there is disagreement among the members of the 16 Ibid Ibid 18 Ibid 19 Ibid 20 See Art. 27(4) (c) of the proclamation to amend the Reorganization and Redefinition of the Power and 17 Duties of the Afar National Regional State Executive Organs No. 55/2003. Dinkara Gazeta, Semera, 2003. 16 regional council as to the need for the existence of the office. 21 As a result of this, the regional government is not allocating sufficient budget for the office. Proclamation no. 92/ 2003 established The Somali Regional State Environmental Protection Natural Resources and Energy Development Utility with the mandate of energy issues in the region.22 But before this proclamation came into force there was Proclamation no. 64/2000 of the regional state of Somali. This proclamation re-organizes bureaus of the regional cabinet council and established the Bureau of Water Resources, Mines and Energy Development to handle issues of energy in the region23which shows that the organ with the mandate of energy issues is frequently changed in the region. In Oromia regional state, Proclamation No. 132/2007 which reorganized and redefined the powers and duties of the Oromia National Regional State Executive did not mention as to which bureau handles the issue of energy in the region.24 But practically the energy sector is now under the Bureau of Water and Energy. This same proclamation established the Pastoral Development Commission with 28 tasks to be done by commission for pastoralists in the region.25 However, the issue of energy is not mentioned from these long lists of activities to be performed. Problem of cooperation between federal and regional governments: - It is impossible to build a common political and economic community without cooperation in federation states. 26 Though the Ethiopian federal system has the feature of cooperative federalism, there is an institutional lacuna for intergovernmental cooperation between the centre and the states.27 This gap is clearly seen particularly on the energy sector. There are cases where the federal government directly implements projects in regional states of Afar and Somali without the 21 From the interview of Ato. Michael Bekele Officer at Afar Mine and Energy Development Office. See Art. 6 and 7 of The Somali Regional State Environmental Protection Natural Resources and Energy Development Utility establishment proclamation. No. 92/ 2003. Dhool Gazeta, Jigjiga, 2003. 23 See Art. 4 (6) of Proclamation to Provide the Organization, Powers and Duties of Bureaus of Cabinet 22 Council of the Somali Regional State No.64/2000. Dhool Gazeta. Jigjiga, 2000. See Proclamation No. 132/2007 ‘A proclamation to amend the proclamation to provide for the Reorganization and Redefinition of the Power and Duties of Oromia National Regional State Executive Organs No. 87/2004 and its amending proclamation which amended it No. 96/2005 and No. 105/2005, No. 132/2007. 24 25 Ibid See Art. 15. Leulseged, Tadesse (2008) Can Diversity be Accommodated? The Case of Ethiopia. 4737/23 Ansari Road, Daryagang, New Delhi 110 002: Vinod Vasishtha for Viva Books Private Limited. Or see http://www.forumfed.org/libdocs/IntConfFed07/Volume_5/IntConfFed07-Vol5-Tadesse.htm. 27 Assefa, Fisseha (2006) “Theory versus practice in the implementation of Ethiopia’s Ethnic Federalism” in Ethnic Federalism: The Ethiopian Experience in Comparative Persepective. USA: Ohio University Press. 26 17 knowledge of the latter.28 This will have the consequence of failed projects both in its sustainability and lack of belongingness as the regional governments are not controlling them. Even simple tasks like maintenance for PV solar system will not be provided timely as the federal government is far away from the implementation sites. The only thing the government at center wants from the regional governments at the end of each year is annual report which in some cases includes false report of performance.29 Problem of updating policies, strategies and programs timely: - It has been about two decades since the national energy policy is prepared. But it has not been updated till now even though the Ministry of Water and Energy is working on the new draft national energy as I have stated somewhere in the above discussion. Furthermore, as I have stated above the policy does not have specific strategies (except Biofuel Development and Utilization Strategy) and legislations to facilitate implementation of the policy. One of the reasons for late updating of the policy and absence of specific legislations could be continuous restructuring of ministry entrusted with monitoring of the implementation of the NEP. Problem of Human Resource: - the energy sector both at federal and regional governments lacks the capacity to carry out proper planning due to professionals shortage. There is an organ called 'special support and capacity building directorate’ established in the Ministry of Water and Energy to work on the needs of four regions (Gambela, Afar, Somali and Benishangul Gumuz). However the directorate does not have the necessary man power to accomplish its task. Even the existing senior experts are leaving for a better payment. The same is true in regional governments particularly in Afar and Somali. There are only one or two persons for the sector and even in some cases these individuals are trained totally different profession. Lack of sufficient budget on the sector: - government should allocate sufficient budget for the energy sector to fulfill the energy needs of the society. Currently the sector is lagging behind due to lack enough budgets. Particularly the Afar, Somali and Oromia regional states are not allocating capital for the offices to fully function. Lack of sufficient research and assessment on the energy resource and technologies: - Vast research and assessment on the energy plays a significant role in the production of conventional, 28 From the interview of Ato. Zekarias Taddesse Senior Expert at Somali Environmental Protection, Mines and Energy and Ato. Michael Officer at Afar water and Energy Bureau. 29 From the interview of the concerned organs on the issue of energy of regional and federal government. 18 alternative and renewable sources of energy, and for the recovery and reuse of energy that would otherwise be wasted. It also helps to reduce the impact of energy on development, and can have benefits to society with changes in economic cost and with changes in the environmental effects. However in our country there is no policy which encourages researchers to conduct research and assessment on the sector. Even public universities are rarely engaged on such kind of research. 1.6.Conclusion and Recommendation Access to energy is among the key elements for the economic and social developments of Ethiopia in general and pastoralists and semi pastoralists in particular. The country’s energy requirement is mostly met from wood, animal dung and agricultural residues, even though, few people have access to petroleum fuels and electricity in urban areas. In coming years these energy sources will be consumed and shortage of energy is happening and will also happen in the future. Inevitably, the pastoralists and agro pastoralists in the PRIME project implementation sites are facing and will face unless the government and other stakeholders work on it. Finally, the following points are recommended The NEP does not address energy requirements for subsistence and development, especially energy requirements in pastoralist and semi pastoralist areas for modern productive activities. Thus, the Ministry of Water, Irrigation and Energy should give high priority in the new energy policy. The issue of institutional problem should be given due attention before anything else. Because the problem of updating the policy or other document, the dearth of research and the limitations and gaps of the sector in general is properly considered, only if there is permanent institution ( i.e. ministry or bureau whose responsibility is not frequently reorganized or changed) both at federal and regional governments. Even establishing a ministry only with this task makes the sector to get more attention. Moreover, the federal as well as regional governments should rethink over the need of cooperation in the sector, finance problem and lack of human resource to satisfy the energy needs of the society. Thus, avoiding the institutional problem is and will be a corner stone for the effectiveness and efficiency of the work in the sector. 19 The NEP did not address the issue of alternative and renewable energy sources such as wood saver stove, biogas, geothermal, solar and others, as it should be addressed. Despite for the huge need of alternative energy sources in pastorals and semi pastorals, none of the strategies (except the biofuel strategy) and programs in the country emphasized properly on the issue. Thus, future amendments and new enactments should include about alternative and renewable energy source in a more detailed manner. As a federal country the regional states should prepare their own energy policy, strategies, programs and laws independently from but in collaboration with federal government. Otherwise, taking the federal government policies and documents as their own, would become wearing father’s jacket for the son, which may or may not fit the latter. The Somali regional government should reconsider the frequent change of organs established on energy issue. The Afar regional government should take energy issue as seriously as other sectors. At least the office which is functioning without the recognition of the regional government should be given legal personality and the required budget should also be allocated. The Oromia regional government should relook Art. 15 of proclamation No. 132/ 2007 which lists the mandate of the Oromia Pastoral Development Commission as it does not say anything about energy issues of pastoral and semi pastoral of the region. Finally, possibilities for lowering constraints of access to energy services by the pastoralists and semi pastoralists should be investigated. 1.7.Reference A Proclamation to Provide the Organization, Powers and Duties of Bureaus of Cabinet Council of the Somali Regional State No.64/2000. Dhool Gazeta. Jigjiga, 2000. A Proclamation to amend the Reorganization and Redefinition of the Power and Duties of the Afar National Regional State Executive Organs No. 55/2003. Dinkara Gazeta, Semera, 2003. A Proclamation No. 132/2007 ‘ A proclamation to amend the proclamation to provide for the Reorganization and Redefinition of the Power and Duties of Oromia National Regional State 20 Executive Organs No. 87/2004 and its amending proclamation which amended it No. 96/2005 and No. 105/2005, No. 132/2007. Assefa, Fisseha (2006), “Theory versus practice in Ethiopia’s Ethnic Federalism”. Digest of Ethiopia’s National Policies, Strategies and Programs 2008 Forum for social studies Addis Ababa. Energy Proclamation No. 810/2013. Federal Negarit Gazette 20th year No. 12, Addis Ababa, 27th January 2014. FDRE Environmental Policy of Ethiopia. Leulseged Tadesse Can Diversity be Accommodated? The Case of Ethiopia. The 1994 National Energy Policy. The Biofuel Development and Utilization Strategy. The Somali Regional State Environmental Protection Natural Resources and Energy Development Utility establishment proclamation. No. 92/ 2003. Dhool Gazeta, Jigjiga, 2003. The Growth and Transformation Plan. 21 II. LIVESTOCK AND LIVESTOCK PRODUCTS TRADE POLICY 2.1.Content Ethiopia, with a very large livestock population in Africa, doesn’t have a full-fledged livestock policy. Many countries in Africa have national policies and strategies towards the development of the livestock sector. These include Ethiopian neighbors Kenya and Somaliland, and Tanzania.1This report describes the livestock and livestock products policy as inferred from the country’s scattered laws dealing with sanitary, processing, quarantine, and trade in animals, animal products and by products. 2.2.Description The national rural development policy dedicates vary small part of it to issues related with pastoralists and livestock development.2 It aims at alleviating problem of underutilization of grazing land, resource degradation and low livestock productivity by developing water sources and improving pasture land protection and management through rejuvenating depleted pasture resources and utilizing such resources prudently. Using local knowledge and skills in the planning and implementation of development programs; overhauling the livestock marketing structure; increasing livestock off-take and awareness among herders to make livestock raising market-driven are among the considerations in the policy. Settlement is also taken as a basic development strategy.3 The policy required the federal government and regional administrations to identify constraints restraining investments in areas such as cattle fattening, live animal marketing and transport and meat processing and tanneries with a view of encouraging and 1 See Republic of Somaliland, National Livestock Policy (2006-2016), Available at www.somalilandlaw.com/Somaliland_Livestock_Policy_2006-1.pdf; Ministry of Agriculture and Cooperatives (1997), Agricultural and Livestock Policy, Tanzania, Available at www.tzonline.org/pdf/agricultureandlivestockpolicy.pdf; and Republic of Kenya, Ministry of Agriculture (2010), National Urban and Peri-Urban Agriculture and Livestock Policy (first draft), available at: http://www.kilimo.go.ke/kilimo_docs/pdf/upal_final_copy_3-6-2010.pdf . India also has a national livestock policy. See Government of India, Ministry of Agriculture, Department of Animal Husbandry, Dairying and Fisheries (2013), National Livestock Policy, Available at http://dahd.nic.in/dahd/WriteReadData/NLP%202013%20Final11.pdf 2 Government of the Federal Democratic Republic of Ethiopia, Ministry of Finance and Economic Development, Economic Policy and Planning Department (2003), Addis Ababa, pp. 52-53 & 57-59 3 This is in a stark contrast with the stand of interest groups like Pastoralist Forum Ethiopia which advocates that pastoralism should be recognized and protected as a way of life. See Pastoralist Forum Ethiopia (2002), Proposed Pastoralists Development Policy Recommendations (Submitted to the Ministry of Federal Affairs, Ethiopia), Addis Ababa, pp. 3 & 4 22 facilitating private capital. Education and agricultural extension services are also part of the policy. Concerning education, preference is given in using the time of relatively considerable settlement for education and short-tem trainings. The meat, leather and leather products industry is identified as a strategic/important industry in the country’s industrial development strategy.4 The following are aims of the policy as inferred from the various legal documents promulgated with a view to implement the policy: Prevention and control of animal diseases to maximize the benefits to be derived from livestock resources Establishment of a system to control the movement of livestock and livestock products within, into and out of the country Promotion of export trade in livestock and livestock products by effective control of animal disease and observance of international agreements on animal health Regulation, control and coordination of the supply and marketing of livestock and livestock products Provision of information and assistance to individual traders and organization engaged in livestock trade Facilitation of the marketing condition of livestock trade Establishment of autonomous and responsible public body for the efficient and centralized coordination of livestock trade. 2.3.Achievements so Far/ Practicability As it is indicated in the introductory part of this analysis, there is no livestock policy. But there are various legislative measures towards strengthening the sector. These includethe establishment of Animal, Animal Products and By-products Marketing Development Authority, In connection with this, Admit Zerihun stated “the major problem to livestock resource development is quality, at farm and marketing level. Ethiopia cannot supply live animals on a large scale to foreign markets as it hardly fulfils the sanitary requirements. Abattoirs also should be given high attention particularly in urban areas. Special focus should be given for the establishment of a system that ensures the quality and health of products and make continuous follow up. Acquiring verification of quality should be given weight, since it is difficult in the absence of such verification to have market access…. Enabling the tanning factories to operate at full capacity, addressing the poor quality and inadequacy of hides and skins, and the market inefficiency associated with it should also be given attention.” Admit Zerihun (2010), Industrialization Policy and Industrial Development Strategy of Ethiopia, in Taye Assefa (ed.) (2010), Digest of Ethiopia’s National Policies, Strategies and Programs, Forum for Social Studies, Addis Ababa, Ethiopia, pp.252-253. 4 23 later renamed as Livestock Marketing Authority5, with the objective of promoting the domestic and export marketing of livestock and livestock products through increasing their supply and improving their quality. The main activities undertaken by the authority include livestock resource census, livestock marketing studies (assessment of the livestock market, review of previous livestock information service and design of a livestock market information system), hides & skins market assessment and investigation on contraband livestock trade.6 The Ethiopian Meat and Dairy Technology Institute was also established with the aim of building the capacity of various organs involved in the production, supply processing and marketing of meat and dairy products, ensuring that meat and dairy products meets quality standards, encouraging the participation of investors in the sector and expanding investment, facilitating conditions by which variety of livestock and livestock products that meet international standards can be supplied adequately for local and international markets. This institute is later renamed as “Ethiopian Meat and Dairy Industry Development Institute” by Regulation No. 295/2013 with enlarged scope of operation. Establishment of Leather Industry Development Institute is another step taken by the government. The institute has the objective of facilitating the development and transfer of the technology of leather and leather products industries and enabling them to become competitive and contribute towards rapid economic development of the country. Food, Medicine and Health Care Administration and Control Authority was also established with a view, among others, to protect the public from health risks emerging out of unsafe and poor quality food and mandated with the power to issue import and export permit for food and to regulate trans-regional trade in food. The National Livestock Development Program (NLDP) was implemented for five years (starting from 1999) with the aim of improving livestock health and breed and increasing livestock productivity through increase in animal health and forage production.7 National Veterinary Institute is established mainly to produce vaccines of international standard for various animal 5 Currently it is not functional. Livestock Marketing in Ethiopia: A Review of Structure, Performance and Development Initiatives 7 Ibid 6 24 diseases, formulate and produce different animal drugs, and produce biological and reagents to be used for production and research on animal diseases8 A law for the regulation of trade in raw hide and skin is promulgated in 2005 that covers issues relating to processing and transportation of raw hides and skins, the quality required to be met in marketing of the same, and prohibition of trade in hides and skins without license and in contradiction with the proclamation and the associated administrative and criminal measures.9Very recently, a state ministerial position is established under the Ministry of Agriculture (MoA) for livestock development.10 The MoA prepared a directive on the requirements for professional competence on the trading activities on which it is mandated to grant certificate of professional competence.11 Requirements of professional competence is defined under the Commercial Registration and Business Licensing Proclamation as “requirements set by the relevant sectoral government institution to fulfilled as appropriate with respect to commercial activities for which business license is issued concerning the presence of professionals to perform specific duties, the fulfillment of the necessary premise and equipments in order to carry on the business, the working process necessary for the production of a product or [the provision of] service and the necessary inputs.”12The Ministry of Trade prepared the country’s Standard Industrial Classification by which business licensing categories are identified and coded. The MoA prepared a directive enumerating the requirements for professional competence certificate in the trading activities falling under its mandate. These include, among others, trade in animal feed, animal husbandry, animal reproduction, meat and meat products, live animals, animal health services, animal health equipments, veterinary drugs and slaughterhouse. Therefore, entrepreneurs are required to make sure the requirements under the directive of MoA are fulfilled before starting the commercial registration and business licensing process. 8 National Veterinary Institute Establishment Council of Ministers Regulations No. 52/1999, Federal Negarit Gazeta, 5th Year, No. 66, Art. 5 9 Raw Hide and Skin Marketing System Proclamation No. 457/2005, Federal Negarit Gazeta, 11 th Year, No. 45 10 See this link: http://www.ilri.org/node/32860 11 Ministry of Agriculture (2012), Competency Assurance Indicators Directive 12 Commercial Registration and Business Licensing Proclamation No. 686/2010, Federal Negarit Gazeta, 16 th Year, No. 42, Art. 2 (36). 25 The researcher observed that the three regions in which PRIME operates lacks clear guideline as to the requirements for the conduct of businesses related with livestock. It is only from Afar Regional State that we can get a clear written directive enumerating the requirements for granting certificate of professional competence to get a trade license in veterinary drugs and animal fodder. This is a directive prepared by the Federal Veterinary Drugs and Animal Fodder Administration Authority and applicable in the regional state of Afar.13 There are five animal drug dealers in the region the strictest application of the draft would not permit them to operate.14 The Somali Regional State has developed a comprehensive document on livestock market entitled “Guidelines for the Management and Organization of Livestock Markets in Somali Region”15. The guideline, in its introductory section states that there is a need from the regional government in increasing investments in livestock market structure development and helping the livestock market run profitably so that financial burden on the government will be reduced; reducing marketing costs so that pastoralists can get better prices for their dealing in their livestock assets; and decreasing the risk of livestock disease transmission, unintended environmental impacts and transport congestion that may result from inefficient livestock market. The Region also promulgates a law applicable on trade in livestock in the region. The means/strategies to achieve these objectives are enumerated under the guideline. These include establishing institutional arrangement from grassroots to the regional level to coordinate the management and organization of livestock markets, enabling livestock markets to be efficient in their operation and be financially viable, and organizing livestock markets in a way they increase trade in livestock. Key indicators are duly prepared for measuring achievements of these activities as well as providing a roadmap towards the planned objectives. Even though the researcher has been communicated that the guideline is a draft document,16 it is clearly indicated in the guideline that it is endorsed by the regional administration and the latter is calling for a 13 Interview with Melese Bedane (Dr.), Agricultural Input Supply and product market core process owner, Afar Regional State Livestock and Agricultural Bureau 14 Id. I am told by Dr. Melese that they were flexible in the application of the directive to encourage new entrants. 15 Somali National Regional State, Bureau of Livestock, Crop and Rural Development (2010), Guidelines for the Management and Organization of Livestock Markets in Somali Region, Jigjiga 16 Interview with Ahmednur Mahad, Head of Livestock Marketing at Somali Regional State Agricultural Bureau and see the preface of the Guideline, pp. vi. 26 concerted effort from all stakeholders towards its implementation. The region also has a proclamation providing for sales tax applicable in live animal trade in the region.17 2.4.The Policy’s Relevance to PRIME Activities This policy is very indispensable for PRIME activities related with the improvement of productivity and competitiveness of livestock and livestock products under intermediate result 1 (IR1). Specifically, proposed activities related with the improvement of animal health services through CAHWs and PVPs, franchising and installation of local, commercial feed production facilities, expanding the meat and live animal export associations (EMPEA & ELTA) to pastoralist area through regional affiliates, catalyzing investment in livestock and livestock products sectors, establishment of commercial slaughterhouses and dairy processing facilities and dissemination and integration of feed lot technology and practice are directly influence by the policy. As discussed above, there are mandatory regulations that call for compliance with standard requirements. The policy is very important in identifying sanitary standards for livestock and livestock products and relevant government institutions responsible for the regulation of livestock sanitation and trade in livestock. There are also necessary requirements for new entrants and existing commercial entities involved in live animal, dairy processing, meat and meat products, veterinary drugs, fodder and commercial slaughterhouses trade. They are also very important in identifying the relevant government institutions which can be involved in the capacity building of the CAHWs and PVPs. 2.5.Conclusion and Recommendations Generally, there is no full-fledged policy meant for guiding the promotion of trade in livestock and livestock products. The contents of the livestock and livestock products’ sanitary and trade policy is collected from various laws and regulations. It is very important for a country like Ethiopia, who has the largest livestock resource in Africa, to have a policy guideline that deals with Livestock and livestock products. Directives at Federal as well as regional level which are applicable in PRIME intervention areas should be investigated. The following are points for further research 17 The Amendment of Proclamation No. 48/1996 to Determine Livestock Sales Tax and Fees from Rearing of Livestock Proclamation No. 126/2005, Somali Regional State, Dhool Gazeta 27 At the federal level, pastoralists are not well-represented. In the pastoral development directorate of MoA, there are hardly any professionals having a pastoralist background.18 This inhibited the fair representation of their vested interests in the decision making process at a higher level. Therefore, advocacy activities should be done to get the interest of pastoralists represented at higher level of decision making. Lack of full-fledged national livestock policy inhibits a coordinated effort to address the challenges that the sector is facing for a long period of time. Policy advocacy should be done by PRIME or other interested NGOs or GOs to initiate the introduction of national livestock policy so that coordinated responses will be given to the challenges faced by the sector and the sector can contribute meaningfully to the improvement of the livelihood of the pastoralists and the development of the country at large. In this case, the policies and best practices of other countries should be examined. The sector’s problem should be critically studied so that evidence based policies and laws will be introduced. There is a problem of clear guideline in the regional states as to the applicable standards required to get certificate of professional competence for entrepreneurs interested to engage in livestock trade. Therefore, further research shall be conducted to uncover the directives of regional states applicable in these circumstances, if any. This shall include providing training for MSEs or Cooperative Societies that receive support from PRIME as to the requirements to get certificate of professional competence. Providing meaningful assistance cannot be achieved without knowing these requirements and their cost implication. 2.6.Suggested Readings Agricultural Growth Project-Livestock Market Development (2013), Value Chain Analysis for Ethiopia: Meat and Live Animals, Hides, Skins and Leather and Dairy, Retrieved from http://www.usaid.gov/sites/default/files/documents/1860/AGPLMD%20Value%20Chain%20Analysis.pdf Animal Diseases Prevention and Control Proclamation, Proc. No. 267/2002, Federal Negarit Gazeta, 8th Year, No.14 18 Interview with Hailemariam Zara, Livestock Expert, Ministry of Agriculture 28 Animal, Animal Products and By-products Marketing Development Authority Establishment Proclamation, Proc. No. 117/1998, Federal Negarit Gazeta, 4th Year No. 45 Animal, Animal Products and By-products Marketing Development Authority Establishment (Amendment) Proclamation, Proc. No. 198/200, Federal Negarit Gazeta, 6th Year, No. 26 Asfaw Negassa, Shahidur Rashid, Berhanu Gebremedhin (2011), Livestock Production and Marketing, The Ethiopian Strategy Support Program II (ESSP II) Working Paper 26, International Food Policy Research Institute. Ayele Solomon, Assegid Workalemahu, M.A. Jabbar M.M Ahmed and Belachew Hurissa (2003), Livestock Marketing in Ethiopia: A Review of Structure, Performance and Development Initiatives, Socio-economics and Policy Research Working Paper 52, ILRI Definition of Powers and Duties of the Executive Organs of the Federal Democratic Repupblic of Ethiopia Proclmation, Proc. No. 691/2010, 17th Year, No.1 Ethiopian Meat and Dairy Industry Development Institute Establishment Council of Ministers Regulation No. 295/2013, Federal Negarit Gazeta, 19th Year, No. 66 Ethiopian Meat and Dairy Technology Institute Establishment/Amendment Council of Ministers Regulation, Regulation No. 176/2010, 16th Year, No.23 Ethiopian Sanitary and Phytosanitary Standards and Livestock and Meat Marketing Program (2010), Focus on Ethiopia’s Meat and Live Animal Export, Trade Bulletin Issue N0.1. Food, Medicine and Health Care Administration and Control Proclamation, Proc. No. 661/2009, 16th Year, No.9 Government of India, Ministry of Agriculture, Department of Animal Husbandry, Dairying and Fisheries (2013), National Livestock Policy, Available at: http://dahd.nic.in/dahd/WriteReadData/NLP%202013%20Final11.pdf Leather Industry Development Institute Establishment Council of Ministers Regulation, Regulation No. 181/2010, 16th Year, No. 28 Livestock Marketing in Ethiopia: A Review of Structure, Performance and Development Initiatives, Accessed from: http://www.fao.org/fileadmin/templates/agphome/images/iclsd/documents/wk2_c5_gerard.pdf 29 Melaku Geboye (2008), EU Sanitary Standards and Sub-Saharan African Agricultural Exports: A Case Study of the Livestock Sector in East Africa, in Law and Development Review. Vol.1, Issue 1, pages 97-122. Melaku Geboye (Dr.) (2007), The Regulatory Framework for Trade in IGAD Livestock Products, IGAD LPI Working Paper No.7-8, Retrieved from http://www.igad- lpi.org/publication/docs/IGADLPI_WP07_08.pdf Ministry of Agriculture and Cooperatives (1997), Agricultural and Livestock Policy, Tazania, Available at: www.tzonline.org/pdf/agricultureandlivestockpolicy.pdf National Veterinary Institute Establishment Council of Ministers Regulations No. 52/1999, Federal Negarit Gazeta, 5th Year, No. 66 Raw Hide and Skin Marketing System Proclamation No. 457/2005, Federal Negarit Gazeta, 11th Year, No. 45 Raw Hides and Skin Marketing System Proclamation No. 457/2005, Federal Negarit Gazeta, 11th Year, No. 45. Republic of Kenya, Ministry of Agriculture (2010), National Urban and Peri-Urban Agriculture and Livestock Policy (first draft), Available at: http://www.kilimo.go.ke/kilimo_docs/pdf/upal_final_copy_3-6-2010.pdf Republic of Somaliland, National Livestock Policy (2006-2016), Available at: www.somalilandlaw.com/Somaliland_Livestock_Policy_2006-1.pdf The Ethiopian Meat and Dairy technology Institute Establishment Council of Ministers Regulation, Regulation No. 143/2008, federal Negarit Gazeta, 14th Year No.10 30 III. MICRO AND SMALL ENTERPRISES DEVELOPMENT AND ENTREPRENEURSHIP STRATEGY 3.1.Introduction Ethiopia adopted a Micro and Small Enterprises Development Strategy, Provision Framework and Methods of Implementation (Hereafter referred to as MSE Strategy) in 2011. This strategy covers issues like the definition of micro and small enterprises, the strategy for the development of the same and support program for the effective realization of the goals stated in the policy. The strategy left the definition of micro and small enterprises for a regulation to be promulgated. Accordingly, it is provided under a separate set of legal instrument. The definition of micro and small enterprises1 varies according to the sector in which they are engaged. For those engaged in the industry sector (e.g. manufacturing, construction and mining), a micro enterprise is an enterprise that operates with five people including the owner and/or having a total asset/capital not exceeding 100,000 ETB; whereas for those involved in the service sector (e.g. retailer, transport, hotel, tourism, ICT and Maintenance), a micro enterprise is an enterprise that operates with five persons including the owner and/or having a total asset not exceeding 50,000 ETB. Small enterprises (involved in the industrial sector) are those enterprises that operate with 6-30 persons and/or having total asset not exceeding between 100,000 ETB and 1.5 million ETB. Enterprises involved in the service sector are considered to be small enterprises if they operate with 6-30 persons and/or have a total asset between 50,000 and 500,000. 3.2.Description The MSE Strategy envisions the creation of competitive and convenient base for industry development. Its objectives are: improving income of the society, reducing poverty and bringing equal opportunity through the creation of job opportunity; enabling the sector to be competent enough in facilitating economic growth and laying the foundation for industry development and expanding the sector’s development by creating developmental investors. The strategy identifies a number of challenges faced by micro and small enterprises with regard to supply of finance 2, 1 Federal Micro and Small Enterprises Development Agency Establishment Council of Ministers Regulation No. 201/2011, Federal Negrit Gazeta, 17th Year, No. 24, Art. 2 (1) & (2). 2 The problems relating to finance include ineffective and inefficient service by MFIs in delivering and collecting loan due to their limited capacity which includes mismatch between demand and supply, limitation of 31 human resource development3, production and sales cluster development4 and industrial extension5. Failure of TVET to develop sensitizing on technology transfer and capacity/gap problem with experts in developing and disseminating technology; absence of readiness to accept and use new technology and readiness for change on part of MSE; recognizing teaching transfer as failure and weakness of MSE rather than solving and working to supply suitable technology based on value chain; absence of incentive scheme for TVET teachers and other professionals; most market supply provisions are government dependent that does not enable MSE to be competent independently;most MSE are not competent in production and service they supply; Failure in application of incentive rules that were formulated at regional level fairly and uniformly on MSE support base; lack of clear understanding on the mission of the organization and application and management of one center service; failure in staffing; lack of detail understanding of MSE development package, and work commitment are also another identified problems that the strategy identifies for redress are other problems sorted out by the strategy. The strategy aims to alleviate these problems through: A. Ensuring the Human Resource Development and technological growth ofMSE by empowering TVET centers to carry out this task. The centers serve mainly as: technology centers that support MSE development based on technology transfer; Serve as center and actors to develop entrepreneurs outlook, solve skill problems and develop managerial skills, providing training and consultancy services and technology information sources and development; Provide technological support and transfer products that can be produced by the sectorespecially by recognizing, sampling and producing products that substitute imported commodities; making focus on skill and ability of MFI to organize saving, poor refunding and collecting saving culture, failure in creating awareness that help to identify competent clients before supplying credit and capacity limitation to provide training, produce business plan, and facilitate production and sales sites, violating principles and systems of saving and credit that let actors for dependency. 3 These include, lack of self-reliant spirit and innovative culture for job creation with actors, absence of attitude towards job creation/innovation and initiation with TVET teachers, lack of integrated work between MSE development agencies and TVET agencies, failure in providing need/result-based trainings, and weaknesses of TVET in observation efficiently 4 These include constructing production and sales cluster development without master plan, absence of plan map, uniformity in design, unfulfilled infrastructure, and mismatch in size between enterprises and buildings and absence of legal system of managing and utilizing, duration and the fee for rent and the enterprises were not selected on production similarity and linkage criteria base. 5 These include, failure in implementing the extension service based on the industry development strategy direction and supporting MSE problems/challenges based on TVET, lack of sensitizing and implementing the MSE development extension services of the industrial development strategy among leaders; lack of potential and ability of understanding about extension services with TVET teachers; and failure of TVET in developing capacity and implementing the extension service program. 32 clear intention that the objective is creating industrialists who run the country’s development by organizing the educated youth and the youth in general; Creating wide range change in perception through trainings given by educational institutions, and activities exerted by youth association and families; Developing sense of self initiation by giving due attention for developing entrepreneurship thought and knowledge, and making them free from dependency; The sector would be not only center for job creation but also for upgrading and transferring technology, and expansion of modern management system B. Improving access to finance: in this respect, actors of the sector are encouraged to play a role by saving initial capital; for startup initial capital, families and firms themselves are responsible for saving and job opportunities created by government are primarily given to startup firms. In the process the federal, regional and town/city administrators work jointly in order to facilitate credit services; institutions that facilitate supply of finance and lease machine will be strength, and facilitated saving and credit system that encourages machine investments/lease/ in special means; youthswho came with technologies and project ideas that derived from education institutions, or from themselves and those are interested to engage in the sectors will get initial capital credit; regions and urban administration will construct business centers and organize market centers in order to save cost of capital investment. Facilitate access to get working site within these centers or/and out the centers on fee/rent basis of; access to get credit will be facilitated when various technologies and project ideas are produced and have relevancy with the designed development policy and strategy; considering government development program as one of the tools for solving finance constraint, enterprises who participate in the program will be supported with the provision of lease machine and raw materials. C. Production and Sales Center Supply: the policy endeavors in this respect include: local administrators and municipalities would use and implement cluster development as one of the main development direction in order to resolve bottle necks of production sites, to promote technology supply, to create market opportunity and to solve capital constraint, and to supply production and sales centers in fair price; enterprises that are recognized as strong enough to transfer to medium level will be support by facilitating working site in advance, credit and sustainable market thereby to contribute significantly to industry development of the country; the sector would be provided in special case in order to serve as source of incubation for industrialist of the country. 33 D. Market Development: the basic strategic activities in this regard are: (1) access to market information system will be facilitatedto those who are engaged in the sector and in export products too (2) access to market opportunities will be facilitated by establishing various marketing systems, and to encouraged and strengthen their marketing capacity by organizing in association and group (3) enterprises that can produce commodities/products in such sector for both domestic and international market, and ensure technological transfer will be supported to be created and expanded in all towns/cities (4) various forms of market linkages in sub-contracting will be expanded6 E. One Center/Shop Service: these centers are expected towards the development of MSEs by undertaking information/ data registration system of job seekers and then identifying those who are engaged /employed and not; providing support that enable enterprises effective when they are organized by fulfilling legal binds individually and collectively, who begin business either in cluster or out of cluster from their own initial capital, or credit; and providing sustainable capacity building to experts of one center service so as to enhance their initiation/ morale and to have work ability and holistic personality. As stated above, Somali Regional State and Oromia Regional State have one center services with considerable experience. They are also facing challenges specifically with respect to budget and maintaining their employees. However, this service is absent in Afar Regional State where there is no functioning microfinance institution. F. Providing Industry Extension Service: in this respect, industry extension service will be given to MSE by TVET institutions and TVET institutions will work jointly with other supporters of the sector so as to improve the modern management capacity & technological level of the MSE, and to expand and make ready the industry extension service. This strategy is the revised version of the National Micro and Small Enterprises Development Strategy adopted in 1997. Serious marketing problems, shortage of supply of raw materials, lack of working capital and premises are the basic constraints of MSEs identified by this earlier strategy. The government endeavored to create enabling environment by providing services such as awareness creation, needs identification, training and skills upgrading, marketing, micro6 MSEs are also given preferential treatment in government procurement. See The Ethiopian Federal Government Procurement and Property Administration Proclamation No. 649/2009, Federal Negarit Gazeta, Article. 25. 34 financing, infrastructure, establishment of a data bank on MSEs, and technology package. Specifically, the government was committed to establish the regulatory and institutional framework for the development of micro and small enterprises. These include formulating laws such as a law on institutional arrangement for MSEs, inter-linkages promotion law, Cooperatives promotion law, chamber of industry and trade proclamation, and a micro and small enterprises finance proclamation. As indicated above in section 2, most of strategic activities stipulated in the 1997 National MSEs development strategy were undertaken by the government. The new strategy aims to make lots of reforms like reorganizing the federal MSE development agency, organizing a department under the National Bank of Ethiopia for building the capacity of MFIs, establishment of center services for capacity building by selecting the best TVET centers from each region, establishment of a consultation forum of executive bodies, stakeholders, and major actors of the MSE at all levels, and creation of enabling working environment and efficient legal system. 3.3.Legislative and Institutional Framework This is a strategy adopted by the Federal Government of Ethiopia in 2011. It incorporates the definition of micro and small enterprises and the national strategy towards their development as well as various support mechanisms for the sector. This is the revised version of the 1997 National Micro and Small Enterprises Development. Various laws are promulgated and institutions for the implementation of the strategy and laws are established. These include: 3.3.1. Microfinance Proclamation There was a microfinance institutions proclamation promulgated long before the adoption of the policies in 1996. This aimed at meeting the credit needs of peasant farmers and others engaged in small scale production. Recently, a new proclamation, Micro-finance Business Proclamation No.626/2009, is promulgated that amended the old one. It provides for the regulatory framework for microfinance institutions.7 The purpose of microfinance institutions, as stated in the preamble of the proclamation, is to provide access to financial services to rural farmers and people 7 Microfinance institutions are empowered to carry out activities relevant to small and microenterprises such as extending credit for rural and urban farmers as well as for micro and small-scale rural and urban entrepreneurs, supporting income generating projects of urban and rural micro and small scale operators, managing funds for micro and small scale businesses, and providing financial leasing services to peasant farmers, micro and smallscale urban and rural entrepreneurs. 35 engaged in other similar activities as well as micro and small scale rural and urban entrepreneurs. There are more than 30 microfinance institutions in Ethiopia that provides financial services for the rural and urban poor and entrepreneurs. Agencies for the Development of MSEs in Afar and Somali are established very recently and they are in the process of filling the agencies human resource needs. There is no one stop center in Afar region. Microfinance institutions are also absent for reasons related with absence of a person that can satisfy the requirements under the Microfinance Business Licensing Proclamation. The researcher learned that the Agency organizes the region’s youth under MSEs and they are receiving seed money from NGOs working in the region.8 Contrary to this, the Ethiopian Somali Regional State has microfinance institution operating in the region currently having 20 branches in all the zones of the region except one. There are also five one stop centers in the region. The microfinance institution was established in 2011 and its main focus is the unbanked poor. It provides almost all of the Islamic lending and saving products for the community.9 It has three approaches in lending money: individual, group/cooperatives and MSEs.10 According to the General Manager of the institution, there are 5000 clients that receive loan from the institution on group basis and 50 MSEs. The Regional Agency for the Development of MSEs is required to save 70% of the loan extended to MSEs with the microfinance institution as a guarantee. The institution is also working with the regional, zonal and woreda urban development bureaus in helping the MSEs.11 In Oromia Regional State, the Oromia Microfinance Institution is working in cooperation with the region’s MSEs Development Agency. However, the region is not working on the provision of Islamic saving and loan products since they managed to convince those willing to engage in MSE business through continuous process, even though they are not willing during their starting stage.12 This information is not, however, verified through direct information from the regions microfinance institution due to lack of time. 8 Interview with Mohammed Ahmed, MSEs development and support core process owner- Afar MSEs Development Agency- Afar Regional State 9 Interview with Mohamed Abdirahman, General Manager, Somali Microfinance Institution 10 Id 11 Id, The institution is also required to do so by the establishing proclamation of the regional Micro and Small Enterprise Development Agency 12 Interview with Umeta Negeri, Infranote 14 36 3.3.2. Establishment of Cooperative Societies Cooperative societies are established by Cooperative Societies Proclamation No. 147/1998. Cooperative Societies are defined as societies established by individuals on voluntary basis to collectively solve their economic and social problems and to democratically manage the same. Cooperative societies can involve in agriculture, housing, fishery, mining and savings and credit. The Proclamation provides for the purpose, guiding principles, formation and registration, the rights and duties of members, management, special privileges, audit and inspection, liquidation of cooperative societies. Some of the provisions of this proclamation are amended, and additional provisions are added to it, by Proc. No. 402/2004. A detailed regulation is promulgated following this law.13 The regulation covers issues related with establishment, type, function, registration, and governance of cooperative societies. All the Regional States within which PRIME operates have Agencies for the Development of Cooperatives. In Oromia Regional State there are 168 established Saving and Credit Cooperatives (SaCCOs) in 6 woredas inhabited by pastoralists including Borana, Guji, Bale and HarargheThe minimum number of individuals required for the establishment of cooperatives is 10. Members can take loan up to three fold of what they saved. This is to be repaid with interest. Cooperatives receive different kinds of supports like tax incentives, land for their business, consultancy, accountancy, training and auditing by cooperatives professionals employed by the agency. Muslim members which do not want to receive the loan on interest have the option to receive the good in kind so that they will repay the value of the good with service charge. 14 However, there is no need of such service with respect to Borana pastoralists as most are not Muslims.15 In Somali Regional State, there are 147 SaCCOs. The Regional Agency supports the cooperatives by establishing, training and certifying/licensing. In the Afar Regional State, there are a total 730 cooperatives (e.g. multi-purpose, irrigation, dairy products, and livestock trade) out of which 60 are SaCCOs.16 The Agency is established in 1994 based on the Regional State’s Proc. No. 11/93. It is not given due attention by the regional administration. The SaCCOs are 13 Council of Ministers Regulation No. 106/2004 to Provide for the Implementation of Cooperative Societies Proclamation No. 147/1998, Federal Negarit Gazeta, 10th Year, No. 47. 14 Interview with W/ro Mesert Bedane, Vice Director for Oromia Cooperatives Agency. 15 Id. 16 Interview with Goshu Shifera, Cooperatives development core process owner- Afar Regional State 37 not that much effective for pastoralists of the region as their mobility inhibits them from regular saving.17 In all PRIME mandate areas, there are problems related with the registration and licensing of cooperatives. Disputes between Agency for Cooperative Development and Regional Trade Bureaus arise on the scope of the operation of the cooperatives. The latter stated that if the cooperatives reach beyond their members in their commercial dealings, they have to get registered and licensed with them and pay all necessary charges and taxes applicable to any trader. The former is refusing this by invoking relevant provisions from the cooperative societies proclamation. The law states that any cooperative society which has legally registered with the cooperatives development agency “shall engage in any business as of the date of registration without the necessity of securing additional trade license”(emphasis added). The law is clear in this regard, but the effect of this law on the competitive conditions between cooperative societies vis-a vis other traders should be examined.18 The fact that cooperative societies are voluntary self help organizations is well recognized in the rules regulating them. However, there is no prohibition there under on the cooperative societies restricting their involvement. The law requires them to make sure that their interaction/agreement with other organizations or their effort to raise capital from external sources is not inconsistent with democratic control and autonomy of members.19 3.3.3. Establishment of the Federal Agency for the Development of Micro and Small Enterprises This agency was established by Council of Ministers Regulation No. 33/1998 with the objective of encouraging, coordinating, and assisting institutions that provide support to the development and expansion of micro and small enterprises. This regulation is amended by regulation No. 104/2004. These regulations are totally repealed by the currently operational regulation No.201/2011. 17 Id Cooperative societies receive enormous incentives from the government including exemption from paying income tax as an entity, provision of land for their operation and possible exemption from paying court fees. (See Art. 31 of Proc. No. 147/1998 and Art. 3 (3) of Proc. No. 402/2004). This will have a serious implication on the ability of sole entrepreneurs as well as MSEs to compete with them. 19 Art. 5 (4) of Proc No. 147/1998 18 38 3.3.4. Establishment of Regional Agencies for Micro and Small Enterprises Development The Federal Micro and Small Enterprises Development Agency is mandated, among others, to establish a coordinated working relationship with regional government organs, regional agencies to be established for this purpose, and the private sector with respect to the development and expansion of micro and small enterprises. All the Regional States in which PRIME operates have Agency for Micro and Small Enterprises Development. Oromia Regional State has made lots of progress in the development of micro and small enterprises. The development of MSEs is a second top priority for the regional government next to the agricultural sector. The degree of attention given to the MSEs development in the region is reflected by the establishment of a Council for this purpose comprising bureau of technical and vocational education and training, microfinance institution, micro and small enterprises and the municipality/kebele administration. The council meets every three month to evaluate the achievements and challenges of the sector. For persons organized under MSEs which cannot provide collateral for to get loan from microfinance institutions, the municipality will provide guarantee. There are 483 one stop centers/shops in Oromia region out of which 6 are in the Borana Zone. These centers are meant to provide assistance in identifying sectors that need a trained man power, in searching for training, in keeping records of non-employees and in developing a business plan for persons interested to engage in MSEs. These centers are struggling to retain their employees. According to the regional administration’s plan, the centers need seven professions to deliver the services fully but most of them are operating with four or less employees. 3.3.5. Capital Goods Leasing Business Proclamation No. 103/1998 In line with the strategic plan, the government promulgated a capital goods leasing law with the purpose of creating an enabling environment for the establishment of alternative sources of financing for those investors who have the desire, knowledge and profession to participate in various investment activities but could not act due to lack of capital. Leasing is defined as a financing in kind for production and service purpose by which a lessor provides lessee with the 39 use of specified capital goods20 on financial or operating lease or hire-purchase agreement basis, without requirement of collateral, for a specified period of time and collects in turn a certain amount of installment in periodical payments over the specified period. Different tax incentives are provided in the proclamation for those persons who are involved in this business. Some of the provisions of this proclamation are recently amended by Proc. No. 807/2013. The federal government and regional governments are starting to provide similar assistance for MSEs through machine lease so that MSEs will make use of the capital goods by paying rents till they get the financial capacity to purchase by their own right.21 3.4.Relevance of the Policy for PRIME activities Majority of planned activities under IR 3, and to some extent those under IR1, will be highly influenced by this policy and supporting laws and institutions. Specifically, activities such as easing business start-up for ToP, increasing employability of ToPs via life skills and financial literacy and entrepreneurship training, increasing income opportunities through micro enterprise development and small scale agriculture and working with one stop centers (OSCs) to enhance business skills and increase technical and vocational training opportunities are required to follow rules and procedures applicable in the regions in which PRIME operates. ToPs that will be involved in new business should be aware of the requirements for commercial registration and business licensing. They also need to be aware of the working rules of microfinance institutions, Saving and Credit Cooperatives and Village Saving and Loan Association in their quest for a startup capital. Most importantly, PRIME is aiming at transitioning the function of increasing opportunities for TVET training, identification of the skills needs of the local labor-market, linking ToPs with TVET institutions, and keeping the profile of job-seekers to one stop centers (OSCs). OSCs are expected to be strong local institutions the presence of which will ensure sustainability of those functions. These needs understanding the environment under which OSCs function in each region and the critical challenges they are facing. In all PRIME mandate areas, except the Afar cluster, there are established OSCs. The main challenges they are facing are insufficient budget from the government (majority of them struggling to get an office suitable for their dynamic function and 20 Capital goods are any equipments or machines that may be used to produce products or to provide services including accessories. 21 Interview with Umeta Negeri, Head of Civil Service Reform Program, Oromia MSEs Development Agency 40 if they managed to have one, lack of office equipment) and inability to maintain their employees. They are under-staffed which means they cannot accomplish the purpose for which they are established in its entirety. 3.5.Conclusion and Recommendation MSEs are given recognition by the government of Ethiopia as important sector for job creation and poverty reduction. This is reflected by the fact that the task of promoting the expansion of MSEs is assigned at ministerial level.22 But, there are still bottlenecks relating to access to finance since the lending policies of banks and microfinance institutions are not in line with the financial demands of the MSEs.23 More should be done in causing reform of policies and laws in this regard. This should begin by lobbying for the full implementation of the promises made in the policies such as the creation of favorable environment for the establishment and operation of non-banking financial services for the development of MSEs. Lack of working premises caused by relentless population growth and monopolized ownership of land by the government, entrepreneurial and managerial skills, infrastructure, marketing facilities and skilled manpower are still continuing to be the major constraints facing MSEs.24 There is not enough tax incentives directed towards encouraging the sector. The following points should be considered: Access to finance, especially in Afar National Regional State, is a critical problem due to the absence of microfinance institutions in the region. In consultation with the regional government and the National Bank of Ethiopia, efforts should commence soon to start a financial service rendering via microfinance institutions. If this mission can succeed, it has to be strengthened by the establishment of one stop centers for the coordination of training, consultancy, financial service and identification of local market skills needs. 22 Art. 25 (h) of Proc. No. 691/2010 stated that the Ministry of Urban Development and Construction is empowered to promote the expansion of micro and small enterprises. 23 Gebrehiwot Ageba, Wolday Amha (2006), Micro and Small Enterprises (MSEs) Finance in Ethiopia: Empirical Evidence, Eastern Africa Social Science Research Review, Vol. 22, No.1. This research is the empirical research collecting evidence from among 1000 MSEs and the major source of finance, according to the study, are friends/relatives, suppliers credit, and Iqub, in the order of their appearance. Formal banks, microfinance institutions and credit and savings cooperatives played a marginal role in financing micro and small enterprises operators. In contrast, the study conducted under Forum for Social Studies, stated that the problem of MSEs related with access to finance is considerably alleviated with the expansion of MFIs. Taye Assefa, Infra note 8. 24 Taye Assefa (ed.) (2010), Digest of Ethiopia’s National Policies, Strategies and Programs, Forum for Social Studies, Addis Ababa, Ethiopia, pp.204. 41 Special measure should be taken into consideration in incorporating the special condition of pastoralists. In almost all regions in which PRIME operates, the national policies are adopted by the regions with no or very little effort to adapt it to the unique situation existed in respective regions. As it is understood from the MSE policy and the structure and power of the executive organs of the government both at regional and federal level, the development of MSE sector is part of an urban development plan. This is of little significance for regions like Afar where majority of the population is not urban settler. Therefore, it is recommended that the states’ capacity should be enhanced so that a policy accommodative of the special conditions of the regions can be formulated. This report summarizes the content of policies and laws governing the MSEs sector and gives preliminary analysis of its impact to PRIME activities. It would be better if analysis of the impact of these policies and regulations on the development of MSEs themselves, on the competitiveness of the same in local and export market, their achievements in job creation using the combination of various analytical frameworks for the evaluation of MSE policies.25 PRIME is aiming at easing business start up for pastoralists transitions out of pastoralism. This activity cannot be meaningfully achieved without the potential entrepreneurs, that PRIME sought to assist, being well trained about what the regulatory framework expect them to fulfill before starting their business. Therefore, it is better if learning materials can be prepared on the regulatory framework of the MSEs, trade registration and licensing requirements together with the provision of training on entrepreneurial skills. Islamic financial services should be introduced in the oromia microfinance institution. This can be done through facilitating experience sharing with Somali Microfinance institution. (this is totally relying on the information received from the expert from MSEs Agency, the 25 These analytical frameworks for measuring the effeiceincy of a given MSE development strategy are summarized in UNCTAD’s publication on MSEs. The criteria for assessing policies related with MSEs include, among others, taxation and an enabling approach to regulation, equitable access for SMEs to imports or materials, the impact of labor legislation, access to finance, government support for women entrepreneurs and entrepreneurs in general, public-policy dialogue and its role in contributing to policy coherence, intermediary organizations providing support to MSEs and the implementation of the principles of subsidiarity by governments when providing assistance to MSEs. The publication also warns governments to carefully structure their regulatory framework in MSE because, according to the same source, “overly protective MSE development policies have proved ineffecitive in promoting a robust and dynamic SME sector. The outcome of such policies is small-scale sector with low productivity, insufficient opportunities for dynamic growth and powerful vested interests.” See UNCTAD, Growing Micro and Small Enterprises in LDCs, The “Missing Middle” in LDCs: Why Micro and Small Enterprises are not Growing, accessed from, pp. 2 & 4. 42 information is not verified from the relevant authority working with the regions microfinance institution.) 3.6.Suggested Readings Capital Goods Leasing business Amendment Proclamation No. 807/2013 Capital Goods Leasing Business Proclamation No. 103/1998 Commercial Registration and Business Licensing Amendment Proclamation No. 731/2012, 18th Year, No. 19 Commercial Registration and Business Licensing Proclamation 686/2010, Federal Negarit Gazeta, 16th Year, No. 42 Cooperative Societies Amendment Proclamation No. 402/2004 Cooperative Societies Proclamation No. 147/1998 Council Of Ministers Regulation No. 106/2004 to provide for the Implementation of Cooperative Societies Proc. No. 147/1998, Federal Negarit Gazeta, 10th Year, No. 47 FDRE Ministry of Trade and Industry (1997), Micro and Small Enterprises Development Strategy, Addis Ababa Government of FDRE (2011), Micro and Small Enterprise Development Strategy, Provision Framework, and Methods of Implementation, Addis Ababa Micro and Small Enterprises Development Agency Establishment Council of Ministers Regulation No. 33/1998 Proclamation to Provide for the Establishment of Micro and Small Enterprises Development Agency of the Afar Regional State, Proc. No. 56/2011, Afar National Regional State, Dinkara Gazeta Taye Assefa (ed.) (2010), Digest of Ethiopia’s National Policies, Strategies and Programs, Forum for Social Studies, Addis Ababa, Ethiopia 43 IV. TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING (TVET) STRATEGY 4.1.Introduction Technical and Vocational Education and Training (here after referred to as TVET) is referred to as “those aspects of the education process involving, in addition to general education, the study of technologies and related sciences , and the acquisition of practical skills, attitudes, understanding and knowledge related to occupations in various sectors of economic and social life.”1 The concept of technical education is understood as the “theoretical vocational preparation of students for jobs involving applied science and technology and emphasizes the understanding of basic principles of science and mathematics and their practical applicability rather than the actual attainment of proficiency in manual skills.”2 On the other hand, vocational education and training “prepares learners for jobs that are based in manual or practical activities, traditionally non-theoretical and totally related to specific trade, occupation, or vocation in which the learner participates.”3 Therefore, TVET is a blend of theoretical and practical training aiming at preparing trainees for a certain job. The Ethiopian TVET proclamation defines training, within the context of TVET, as “any technical and vocational education and training provided through formal or non-formal program leading to a certificate or a college diploma and it also include competence earned through work experience and attested by the test of professional competence”.4 Ethiopia has a national strategy on TVET, laws and institutions at federal and regional level for the administration and enforcement of laws and regulations. 4.2.Policy, Legal and Institutional and Legal Framework at the National Level It has to be noted that establishing and implementing national standards and basic policy for education, including TVET, is within the mandate of the Federal Government of Ethiopia.5 Accordingly, the Federal Government of Ethiopia formulates a National TVET Strategy in 2002 1 Netherlands Organization for International Cooperation in Higher Education (NICHE) (2010), NICHE Startegy on Technical and Vocational Education and Training (TVET), Available at: http://www.nuffic.nl/en/library/niche-strategy-on-technical-and-vocational-education-and-training-tvet.pdf, pp. 1 2 Id, pp.2 3 Id 4 Technical and Vocational Education and Training Proclamation No. 391/2014, Federal Negarit Gazeta, 10 th Year, No. 26, Art. 2(1) 5 The Constitution of the Federal Government of Ethiopia, Proclamation No. 1/1995, Federal Negarit Gazeta, st 1 Year No. 1 44 and improved it in 2008. The National Technical and Vocational Education and Training Strategy document (here after National TVET Strategy) contains matters such as the definition of the guiding principles of the provision of TVET, important stake holders and strategic actions intended to be done to ensure the quality of TVET. The aim of TVET colleges are to capacitate the ability of micro and small enterprise (MSI), produce skilled man power on the need of the development of the country, produce and transfer technology to MSE to substitute import and reduce expenditure of foreign currency. TVETs are considered strategic institutions in the implementation of the country’s employment policy and strategy by providing support for the private sector and micro and small enterprises through the provision of training.6 The basic challenges of the TVET, as identified under the strategy, are under-funding, shortage of sufficient TVET instructors, inefficiency and ineffectiveness (in a sense that graduates remain unemployed and wastage of resources due to underutilization of equipments), unsuccessful attachment (i.e., practical learning) period mainly due to lack of cooperation from employers.7The National TVET Strategy aims at creating a competent, motivated, adaptable and innovative workforce in Ethiopia contributing to poverty reduction and social and economic development through facilitating demand-driven, high quality technical and vocational education and training relevant to all sectors of the economy. It is to be noted that change of policy is driven by the need from the government to address actual competence needs in the economy and, hence, moving towards an occupational standard-based TVET system to replace the curriculum centered approach that existed in the 2002 policy.8 This shows the recognition on the part of the government of the need to respond to the skills needs of the employment market at local, regional, national and international level. This is strategy that replaces its predecessor which was adopted in 2002 that mainly focused on the quantitative expansion of technical and vocational education and training. The specific objectives of the currently operational strategy include: Create and further develop a comprehensive, integrated, outcome-based and decentralized TVET system for Ethiopia, 6 Ministry of Labour and Social affairs (2009), National Employment Policy and Strategy of Ethiopia, Addis Ababa, pp. 23 & 46 7 National TVET Strategy, pp.11 8 National TVET Strategy, pp.12 45 Strengthen TVET institutions to make them centers for technology capability accumulation and transfer,9 Create a coherent framework for all actors and stakeholders in the TVET system Establish and capacitate the necessary institutional set up to manage and implement TVET in ensuring quality management system, Improve the quality of TVET (formal and non-formal) at all levels and make it responsive to the needs of the labour market, Facilitate the expansion of relevant TVET offers which are crucial to national development, Strengthen the private training provision and encourage enterprises to participate in the TVET system, Build up the culture of self-employment and support job creation in the economy, particularly in emerging regions. After the coming into effect of the 2008 TVET strategy, occupational standards were developed in consultation with stakeholders and competence tests have been given for graduates so that they can engage in the industry or continue their study to a higher level if they successfully pass the test. The Federal Government has also come up with various laws and directives for the regulation of the provision of technical and vocation education and training. The basic legal document laying down ground rules for the provision of TVET services is Proc. No. 391/2004. A TVET proclamation was promulgated in 2004 aimed at establishing a uniform system for the determination of levels of competence and accreditation of training institutions and for the certification of trainees.10 It also envisaged the setting up of a mechanism providing for the participation of governmental and non-governmental organizations in the preparation of training programmes and curricula as well as in their evaluation and management. It classified the type of technical and vocational trainings into three. These are basic vocational training, junior technical 9 In this regard, the strategy further states that TVET institutions are expected to transfer relevant technologies to micro and small enterprises (MSEs) sector with a view of increasing their productivity, quality of their products, and services and facilitating creation of new business. 10 Technical and Vocational Education and Training Proclamation No. 391/2014, Federal Negarit Gazeta, 10 th Year, No. 26 46 and vocational training, and middle level technical and vocational education and training. 11 The purpose, area, content, duration, admission requirement and manner of training vary across the type of training. To mention some, admission for basic vocational training requires literacy (the skill of writing and reading) and the purpose is to provide citizens basic training which prepares them for gainful employment. Junior technical and vocational training aims towards training the youth who have completed primary education and it shall consist of 80% of practical and 20% of theoretical training. The purpose of middle-level technical and vocational education and training is to prepare middle-level skilled manpower in various professions. Admission for middle-level training requires completion of general secondary education and willingness and inclination to be trained. Persons who have completed junior technical and vocational education and obtained a certificate with two years work experience and can produce evidence that they fulfill the profile of completion of general secondary education, or have passed the theoretical and practical test prepared for the purpose can be admitted for the same training. 70% the middle-level technical and vocational education should be practical and the remaining 30% shall be theoretical. The language used for this level of training should be English except when the training itself is skills related with language. The National TVET Strategy envisioned the establishment of Federal TVET Council and Federal TVET Agency, the former comprising different representatives from different sectors (such as state representatives, public and private TVET providers and the business community).12 The TVET Proclamation sets out rules for the governance of TVET system. Accordingly, the proclamation established an Office at the Ministry of Education with the power to provide superior leadership and to prescribe standards as regards TVET nationally.13 The power of this office is latter transferred to Technical and Vocational Education and Training Agency which was established by 2011.14 It also established a TVET Council which shall provide advice and 11 Id Articles 4-18 In the preparation of the 2008 TVET strategy, it was felt by the government that stakeholders are not consulted to the level it is required and this contributed towards the failure of some strategic activities like practical training in industries for TVET students. 13 TVET Proclamation, Supra note 4, Arts 54-55 14 Technical and Vocational Education and Training Agency Establishment Council of Ministers Regulation No. 199/2011. 12 47 provide assistance to the TVET Office at Ministry of Education with a view to enable the latter to carry out its powers and duties effectively.15 4.3.The Regulatory Framework in Afar, Somali and Oromia Regional States The technical and vocational education and training agency of the Afar Regional State was established recently in 2013 and it is in its infancy stage. There are lots of large scale government sugar projects in the region that needs middle and low level trainees. According to Tahir Hassen, the Tendaho Sugar Project needs 60,000 and Kesem Sugar Project needs 30,000 low and middle level TVET trainees during the development stage and after its completion. There is also a huge human resource demand for the construction of railway lines that crosses the region. There are two TVETs established by the regional government (Luci TVET and Adedale Polythechnic College) and three privately owned TVETs. The latter focuses primarily on soft skills like accounting and secretarial science while the government-owned colleges focus on hard skill trainings such as sugar technology, electricity, construction, manufacturing and the like. Gewane TVET College is on the process of ownership transfer from the federal government (i.e., via Ministry of Agriculture) to the regional state and currently it is partly owned by the regional state. There are also centers aiming at providing short-term trainings in the evening and weekends at towns like Logia, Dubti and Mile. Under the TVET Agency of the Afar Regional State, there is a separate department/process working on need assessment of skills by potential employers and preparing short, middle and long-term training curriculum based on the findings of the need assessment.16 Since its establishment, only one need assessment is conducted only within very small part of the region and it was a big challenge for the department. The challenge relates with the potential employers being not certain with their human resource needs in terms of skills and number of skills needed within a certain timeframe.17 They were planned short-term training in negotiation with employers but it remains unsuccessful due to doubt surrounding the employability of trainees 15 TVET Proclamation, Supra note 4, Arts 57-58 This separate section is referred to as “Need-based training process/department” which is headed by Ato Isaw Seid during the time this research has been conducted. 17 Interview with Ato Isaw Seid, Need-based training process owner at Afar TVET Bureau, Ato Dawit Ayalew, Need assessment and post training research senior expert at Afar TVET bureau and Ato Tahir Hassesn, Industry Extension and Technology Transfer Core Process Owner at Afar TVET Bureau. 16 48 after completion of the training. This is true for the sugar industries development projects stated above.18 The Afar TVET Agency Proclamation states that the Agency is entrusted with powers to develop curriculum for short, middle-level and medium trainings in line with national standards and to approve new trainings developed by TVET institutions under its supervision and close the old programs if they became irrelevant; ensure TVET institutions serve as centers for technological innovation; help the MSEs in the region increase the quality and quantity of their products and services through relevant trainings; conduct assessment of skills demanded by the labor market and supporting researchers conducting related researches; establish networks with regional and national projects so that trained graduates can get employed; and conduct pre and post training assessments to ensure & evaluate the effectiveness of the trainings.19 The Somali Regional State’s Proclmation that establishes TVET colleges defines college as “public or private institutions that admits students who completes secondary education or offers 10+3 educational program”.20 This definition limits access to TVET to those who completes secondary education. There is a clear stipulation in the same law that TVET colleges can render short-term trainings in any appropriate language.21 It is not clear whether these colleges are permitted to give theses short-term trainings for those who didn’t complete secondary or primary education. The training can be given through regular or continuing program and is required to be practice oriented.22 In the region, colleges are autonomous institutions administered by a board. The board is empowered to issue guidelines and criteria for admission.23 4.4.Relevance of the Policy for PRIME Activities The mandatory requirements set out under the laws of PRIME operational regional states and the federal government of Ethiopia has meaningful significance for PRIME. Under IR3 (i.e., strengthening alternative livelihoods for households transitioning out of pastoralism (ToP)), it is 18 Id. A Proclamation to Provide for the Establishment of Afar National Regional State Technical and Vocational Education and Training Agency, Proclamation No. 75/2013, Afar Region Dinkara Gazeta, 11 th Year, No. 75, Art. 10 20 A Proclamation to Establish Vocational Education and Training Colleges of Somali Regional State, Proclamation No. 52/1998, Somali Regional State, Dhool Gazeta, Art. 2 (5) 21 A ProclamationIbid, Art. 6 (2) cum. 8(2). 22 Ibid, Art. 6 (2) & 7. 23 Ibid, Art. 11 (1) 19 49 stated that PRIME will work towards increasing the opportunities of technical and vocational training and education for ToPs. The selection between the available training opportunities depends on the educational level/achievement of ToPs. PRIME also planned to support the efforts of TVET in need assessment and curriculum development. This is in line with the TVET strategy as it clearly mandates TVET providers to develop curricula that are based on the National Occupational Standards while, at the same time, taking into account specific requirements of target groups and specific labour market requirements.24 In other words, TVETs are permitted to undertake assessment of skills demanded by the market and adopt curricula that aim to produce workforce with the required skills. This helps PRIME work directly with government and private TVET institutions to implement the activities planned under IR 3. Curriculum development is planned to be undertaken through direct communication with selected TVETs. But, in the majority of cases, curriculum development as well as curriculum approval requires regional authorities’ engagement and approval.25 These authorities are also involved in the curriculum development to be implemented by the TVETs institutions under their supervision. Therefore, it is better to work with TVET Agency of Afar and Somali Regional Sates and Oromia TVET Commission. 4.5.Conclusion and Points for Considerations for PRIME Intervention in the TVET Sector NGOs are identified by the policy document as stakeholders.26 They can participate by financing TVET institutions in various modalities or by facilitating access to technical and vocational training for target populations in the project areas. This requires the knowledge of regulatory frameworks for TVET institutions in Afar, Somali and Oromia regions and the specific woredas since the national strategy envisages decentralization of TVET institutions to regional, zonal or 24 National TVET Strategy, pp. 22 A Proclamation to Provide for the Establishment of Afar National Regional State Technical and Vocational Education and Training Agency, Proclamation No. 75/2013, Afar Region Dinkara Gazeta, 11 th Year, No. 75 26 Other stakeholders include employers (private and public), the business sectors, MSEs, employees, public and private TVET providers, etc. They are expected to contribute for the development of TVET institutions by developing, drafting, and reviewing policies; financing them in the form of contributing resources; involving actively in the setting of occupational standards and conducting occupational assessment; and providing training to their own staff and offering internships to trainees. 25 50 woreda level.27 The following points should be taken into consideration for further intervention and research in this sector: The currently applicable law is an old law promulgated based on the old TVET strategy. Further research should be conducted to examine its consistency with the new policy and provide for its improvement or amendment if it is found inconsistent. This will ultimately improve the regulatory environment in which TVETs operate as the latter is updated and incorporates current developments in the sector. The TVET Proclamation leaves various issues regarding the provision of TVET training, especially basic vocational training and junior technical and vocational training to their discretion. For instance, they have the discretion to determine the duration, language and content of the training taking into consideration their local needs and the country’s development strategy.28 Therefore, for sustainable and successful implementation of activities of PRIME related with TVET training for ToPs, the working requirements and procedures at regional level should be researched and compiled systematically so that compliance with the mandatory rules can be ensured. There are various analytical frameworks for the evaluation of a TVET policy. A working paper commissioned by International Growth Center (ICG) compiles the necessary conditions for a successful TVET policy. These are: adopting a clear vision and leadership at the highest political level; improving forecasting and planning for skill needs, improving the quality of TVET; addressing the skill needs of the informal sector, facilitating the growth of the productive sector through technological learning and innovation; fostering partnership with all stakeholders, involving local communities and strengthening local management of TVET through the delegation of responsibilities to regional authorities.29 Based on these 27 For instance, the Addis Ababa City Administration has its own TVET Agency and Proclamation providing for the regulation of TVET service provision. 28 TVET Proclamation, supra note 4, Arts. 5, 7 (2), 9, 11, 12 (2) & (4), 15, 17 29 Christian Kingombe (2012), Lessons for Developing Countries from Experience with Technical and Vocational Education and Training, IGC Working Paper 11/1017, available at: http://www.theigc.org/sites/default/files/christian_kingombe_paper.pdf, pp. 28. These elements werealso used in various related works, though not in strictly identical way. See also Moustafa Mohamed Moustafa Wuha, Technical and Vocational Education and Training (TVET): Challenges and Priorities in Developing Countries, Available at: http://www.unevoc.unesco.org/eforum/TVET_Challenges_and_Priorities_in_Developing_Countries.pdf; Netherlands Organization for International Cooperation in Higher Education (NICHE) (2010), NICHE Strategy on Technical and Vocational 51 parameters, full scale evaluation of the TVET strategy should be carried out. In this case, review of best practices of other states and assessment of the realities on the ground should be carried out. 4.6.Suggested Readings Ministry of Education (2008), National Technical & Vocational Education and Training Strategy, Addis Ababa, Ethiopia Technical and Vocational Education and Training Proclamation No. 391/2004 A Proclamation to Provide for the Establishment of Afar National Regional State Technical and Vocational Education and Training Agency, Proclamation No. 75/2013, Afar Region Dinkara Gazeta, 11th Year, No. 75 A Proclamation to Establish Vocational Education and Training Colleges of Somali Regional State, Proclamation No. 52/1998, Somali Regional State, Dhool Gazeta Christian Kingombe (2012), Lessons for Developing Countries from Experience with Technical and Vocational Education and Training, IGC Working Paper 11/1017, available at: http://www.theigc.org/sites/default/files/christian_kingombe_paper.pdf Moustafa Mohamed Moustafa Wuha, Technical and Vocational Education and Training (TVET): Challenges and Priorities in Developing Countries, Available at: http://www.unevoc.unesco.org/eforum/TVET_Challenges_and_Priorities_in_Developing_Countries.pdf Netherlands Organization for International Cooperation in Higher Education (NICHE) (2010), NICHE Startegy on Technical and Vocational Education and Training (TVET), Available at: http://www.nuffic.nl/en/library/niche-strategy-on-technical-and-vocational-education-andtraining-tvet.pdf Inter-Agency Working Group on TVET Indicators (2012), Proposed Indicators for Assessing Technical and Vocational Education and Training, Available at: http://www.etf.europa.eu/webatt.nsf/0/E112211E42995263C12579EA002EF821/$file/Report %20on%20indicators%20April%202012.pdf Education and Training (TVET), Available at: http://www.nuffic.nl/en/library/niche-strategy-on-technical-andvocational-education-and-training-tvet.pdf; Inter-Agency Working Group on TVET Indicators (2012), Proposed Indicators for Assessing Technical and Vocational Education and Training, Available at: http://www.etf.europa.eu/webatt.nsf/0/E112211E42995263C12579EA002EF821/$file/Report%20on%20indicator s%20April%202012.pdf 52 V. THE ETHIOPIAN WATER RESOURCES MANAGEMENT POLICY: PARTICULAR EMPHASIS TO THE PASTORALIST COMMUNITY 5.1.Introduction Water is one of the natural resources which need proper management. The Ethiopian water management policy was issued in 1999. This policy was formulated with the belief that an appropriate water resources management policy for the sector will enhance the development of the country's water resources to make optimum contribution to an accelerated socio-economic growth. The policy document contains three sections which deal with water supply and sanitation; irrigation and hydropower. Currently PRIME (Pastoralists Resilience Improvement through Market Expansion) is working for the betterment of the livelihood of the pastoralists in Afar, Oromia and Somali National Regional States. One of the specific activities of the project is enhancing the pastoralists’ access to natural resources. Water is one of the natural resources and, therefore, studying water policy of Ethiopian is found necessary for two reasons. The first very important reason is informing the PRIME consortium members about the scope and the substance of the policy. The other equally important reason is identification of gaps if any and conducting a policy research. The study is based on key informant interview and analysis of documents related with water policy. It will have four sections to effectively deal with the subject matter. The first section deals with the Policy in general and second section deals with the description of the water policy. The third section deals with the relevance that the water policy and the related legal documents will have for PRIME actives. This section links the policy with the specific activities of PRIME. The fourth sections deal with the conclusion of the water policy. The final section will have the reference material used throughout the study. 5.2.The Policy Water management policy is a document prepared by the then Ministry of Water Resource of the Federal Democratic Republic of Ethiopia. The policy is being implemented since its issuance in different part of the country even by issuing law. But its implementation differs from region to region. The regional states also implement the policy prepared by the Federal government. In order to implement the policy the government of Ethiopia is doing its best in increasing the 53 coverage of drinking water, irrigation schemes and energy development from the water resource. Following the issuance of the policy in 1999, the strategy for the water resource was also issued in 2001. There are also different laws such as the Water resource management proclamation, the Awash Basin water resource Administration proclamation, the water resource fund establishment proclamation and the establishment regulations of the Ethiopian Water resource institute and the Ethiopian water Technology institute. The latter two institutions are institutions more of academics in the water resource area which are of great help to implement the Water policy of the country. The following sections deals with the results achieved since the issuance of the water policy of the country. Before 1999, the national water supply of the country was below 20 percent. The national water access had reached 61.6 percent (52, 221, 481 beneficiaries) by 2012/13 with the rural water access reaching 58.71 percent (43, 360, 399 beneficiaries) and 80.72 percent (8, 861, 086 beneficiaries) for the urban water access, respectively.1 This could be taken as an indicator of implementation of the policy in relation to the water supply. The figures stated here in above also include the pastoral community. The government is doing its best in implementing the water policy in pastoral areas through different programs such as WASH and Pastoral Community Development Programmed (PCDP) in cooperation with the NGOs to supply water for human and livestock. There are, of course, different challenges including the Human resource and inefficient utilization of resources in the pastoral community.2 Similar to that of water supply, irrigation development in the country was insignificant till recently. The main challenge was the absence of Policies and strategies. After 1999, significant changes have been observed in that the government gave emphasis for irrigation. Irrigation projects such as Kesem-Tendaho, Koga, Rib, Gidabo, Megech-Sereba, Kobo-Girana, Raya-Azebo, and AdeaBetcho are under construction. This has increased the overall irrigation coverage growth from 2.4 to 7.34 percent.3 Such irrigation Projects are also being constructed in pastoral areas. The Fentale Irrigation Project in Oromia, The Kesem-Tendaho in Afar, and Filtu Integrated Project in Somali Region Could be cited. Currently the focus is given to such irrigation projects in general and to that of small scale irrigation projects in relation to the settlement programs in the Afar 1 Retrieved from http://www.mowr.gov.et/ Visited on March 22,2014 Interview with Expert of Water supply in the Ministry of Water, energy and Irrigation on 17 February, 2014, Addis Ababa. 3 See Supra note1 2 54 Oromia and Somali National Regional States.4 In relation to hydro-electricity, the overall production was 2,000 MW by 2010. This figure reached 2,177MW by 2012/13 with the national electric access growth reaching 49 percent.5 These figures are indicators as to the implementation of the policy. Description of the Policy In order to alleviate the problems on agricultural outputs and other water users, sustainable and reliable development, water resources of Ethiopia becomes an imperative. Obviously this calls for a priority setting and judicious water resources management policy and associated finance. Development activities carried out in water sector reveal a very low level of performance till recently. The water policy was, therefore, formulated with the belief that an appropriate water resources management policy for the sector will enhance the development of the country's water resources to make optimum contribution to an accelerated socio-economic growth. The overall goal of Water Resources Policy is to enhance and promote all national efforts towards the efficient, equitable and optimum utilization of the available water resources of Ethiopia for significant socioeconomic development on sustainable basis.6 It is also aimed at ensuring that water resources management is compatible and integrated with other natural resources as well as river basin development plans and with the goals of other sectorial developments in health, mines, energy, and agriculture. The policy contains three sections: water supply and sanitation; irrigation and hydropower sections. The water supply is for both human and livestock consumption. Following the issuance of the national water resource management policy the national water sector strategy was issued in 2001 to provide a road map for the achievement of the objectives stated in the policy. Similarly in 2002 the Water Sector Development Program was issued in order to implement the policies and the strategies in relation to water resources. 4 Interview with Expert of Water supply in the Ministry of Water, energy and Irrigation on 17 February, 2014, Addis Ababa. 5 See supra note 1 6 Water Sector Policy of Ethiopia (2001) Ministry of Water Resource of the Federal Democratic Republic of Ethiopia. 55 The 1995 Federal constitution states that every Ethiopian national has the right to equal access to publicly funded social services.7 To the extent the country's resources permit, policies shall aim to provide all Ethiopians access to social services including clean water.8 The State is also obliged to allocate ever increasing resources to provide to the public health, education and other social services.9 In order to implement this constitutional provision, the Ethiopian government is doing its best to increase the coverage of water supply for human and livestock production as much as the available resource permitted. The policy has also given some emphasis to the pastoralist recognizing that the majority of the Ethiopian people engaged in farming and livestock production. The latter intern depends on the availability of water and pasture. This forced the pastoralists to move long distance in dry season and, consequently, faces socio-economic and security problems. Such movement of the pastoralists from place to place in search of water and pasture resulted in ethnic conflict. 10 That is why the policy contains four major activities in relation to the livestock water supply. The policy recognizes that livestock water supply11 as an integral part of the overall water supply section. Incorporating water resource development plans with comprehensive water resources management, promoting the availability of water nearer to pastoralists are the major objectives of the policy in relation to pastoralists. In addition, fostering efficient and sustainable development, operation and maintenance of livestock water supply systems is also given emphasis in the policy. But the strategy designed for the implementation of the policy is somewhat silent as to how these four objectives will be achieved. The case of the pastoralists, however, demands great attention in that they cover vast majority of area. There are times in which pastoralists suffer a lot due to the shortage of water for human as well as for the livestock consumption. The consequence of shortage of water is high particularly in the dry season.12 Even if the government is doing its best in increasing the water supply in pastoralist areas, the problem of water of the pastoralist community lingers. The policy is also aimed at making the pastoralists self-reliant by harmonizing and promoting the user pay 7 Art 41(3) of proclamation No. 1/1995,the Constitution of the Federal Democratic Republic of Ethiopia( Federal Negarit gazetta) 8 Ibid Art 90(1) 9 Ibid Art 41(4) 10 See supra note 6 section 2.3.1 11 Ibid section 4.2 sub section 12 Interview with the expert of the Water Supply of the Borena Zone Water and Irrigation Office on February 21, 2014, Yabello. 56 principle with the willingness and ability to pay for livestock water supply. Pursuant to this principle the pastoralists will pay for livestock water supply in the future in order to insure its sustainability. Unfortunately, the capacity of the rural pastoral community to pay for water supply is not that much. This has put pressure on women in particular to find money in order to access the water. In many cases this is simply not possible and will probably mean asking their husbands or walking distant area in search of water13 which ultimately increases the working load of the pastoral women. In the past, access to water in pastoralist areas was free but the introduction of modern technologies such as pumps, taps and other water points has also meant the introduction of payments for water. This calls for the upgrading the income of the pastoralists alongside the introduction of the user pay principle. The policy has also indicated that irrigation could be used for the development of grazing lands for livestock.14 But the close reading of the strategy designed for the implementation of the policy indicate that the irrigation policy is designed from crop production point of view for food self-sufficiency15 giving little emphasis to livestock production. If both are given emphasis they help for food self-sufficiency the government wants to achieve. As stated in the policy and investment framework there is a policy gap in that water is mainly used to irrigate horticultural crops and large-scale industrial crops such as cotton and sugar. Consideration should be given to use of agricultural water to produce high value staple food crops as import substitutes, as well as livestock feeds to improve exports of animal products.16 In addition, in pastoral areas, such as Afar Region the problem of access to water and pasture is aggravated by the development of commercial and state farms.17 Such encroachment of the pastoral resources in Malka Saddi, Malka Warar and Awara Malka in Afar Region resulted in lots of consequences such as 13 Samuel Tefera & Fiona Flintan (2007) The Dynamics of Rangeland & Water Management in Afar, in Ridgewell, Andrew and et al (edds.), Gender & Pastoralism: Rangeland & Resource Management in Ethiopia( p. 45-58) p.49 14 Supra note 11 section 2.3..2.2 15 See section 4.4 of Ethiopian Water Sector Strategy (2001)Federal Democratic Republic of Ethiopia, Ministry of Water Resource 16 Federal Democratic Republic Of Ethiopia,(2010) Ministry of Agriculture and Rural Development of Ethiopia, the Agricultural Sector policy and Investment (PIF) 2010-2020 section 3.2 17 See supra note 11, p.49 57 conflicts.18 The conflict happens when the encroached pastoralists move to other areas in search of pasture and water. In relation to the Trans-boundary waters the policy aimed at the establishment of an integrated framework for joint utilization, equitable cooperation and agreements on trans-boundary waters. Fostering meaningful and mutually fair regional cooperation and agreements on the joint and efficient use of trans- boundary waters with riparian countries based on equitable and reasonable use principles are also the main objectives of the policy in relation to Trans-boundary waters. The plain reading indicates that focus is given for waters crossing neighboring countries 19. But nothing has been raised in the policy and strategy documents in relation to equitable and reasonable use of rivers crossing two and more regional states in the Ethiopian Federation, which are potential conflict areas especially in the pastoral community. The federal Government is responsible to enact laws for the utilization and conservation of land and other natural resources20 while the regional governments administer land and other natural resources in their respective regions in accordance with such Federal laws.21 It is also the responsibility of the Federal Government to determine and administer the utilization of the waters or rivers and lakes linking two or more States or crossing the boundaries of the national territorial jurisdiction.22 In addition, there is also a basin water resource administration authority in areas such as Awash Basin. The authority has duties and responsibilities to administer the available water of the basin that flows across or lies between two and more regional governments and regulate the flow of water of such rivers in the basin. Despite the existence of such general laws, there is no clear cut way by which such rivers are equitably used among the upstream and the downstream communities. It simply talks about the administration and regulation of the waters of the basin. If the Awash River is taken, for example, there are rumors between the upstream and downstream communities residing in different regions in relation to equitability of usage. Even such administration and regulation should not be restricted to the Awash, or the Abay basin. There should be a law not only to 18 Ayalew Gebre(2001)Conflict Management, Resolution and Institutions Among the Kerreyu and their Neighbors, in M.A Mohammed Salih et al(edds), African Pastoralism: Conflict, Institutions and Government(p. 81-99) P.82 19 See supra note 6 section 2.2.8 20 See supra note7 Art. (51(5) 21 Ibid Art. 52(2) D. 22 Ibid 51(11) 58 administrate and regulate but also ensure clear equitable use of such rivers crossing two regional states throughout the federation. The ministry of water, irrigation and energy is also responsible to determine conditions and methods required for the optimum and equitable allocation and utilization of water bodies that flow across or found between regional states and among various uses and the regional states.23 But such methods and condition are absent till today.24 The current situation in relation to rivers crossing two regional states may not continue as it is and demands attention from all the stakeholders. As the hydropower section of the policy reveals, the overall objective of the policy is to enhance efficient and sustainable development of the water resources and meet the national energy demands as well as cater for external markets to earn foreign exchange. 25 There are major rivers in the pastoralist areas which are of potential for hydroelectricity; Genale and Gibe are some of such rivers. The policy says nothing, however, about the right of the pastoralists in relation to exploitation of such rivers. There is also no compensation scheme for the pastoral community while exploiting such rivers just like that of irrigation which says nothing about the water and land resources in pastoral area. This is aggravated by the absence of tenure security in the pastoral area. Of course, the right to ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the State and in the peoples of Ethiopia.26 The government is intern responsible to hold, on behalf of the People, land and other natural resources and to deploy them for their common benefit and development. 27 It is also empowered to take over private property for public purposes after paying compensation commensurate to the value of the property.28 If such interpretation is followed in the pastoral area all resources including, water became the common property of the people and the state of Ethiopia. The government can employ the resource for any developmental purpose in the absence of compensation for the pastoralists in that the resource is no more private property or in that it does not fulfill the preconditions for compensation pursuant to the expropriation proclamation. But such interpretations will have bad consequences in that the pastoralists do not have another 23 See Art. 26(1) C of Proclamation No. 691/2010(proclamation that define the power and responsibility of the Executive Organs of the Federal Government. 24 Interview with Expert of Water supply in the Ministry of Water, energy and Irrigation on 17 February, 2014, Addis Ababa. 25 See supra note 6 section 2.3.3 26 See supra note7, Art. 40(3) 27 Ibid, Art. 89(5) 28 Ibid, Art. (40(8) 59 alternative. So this calls for different scheme of compensation which could benefit nearby community either on communal basis or on individual basis29 in order to solve the problem of the pastoralists sustainably. There are also different laws dealing with the water resources such as the federal water resource management proclamation. This proclamation was issued to ensure that the water resources of the country are protected and utilized for the highest social and economic benefits of the people, that they are duly conserved, harmful effects of water are prevented, and that the management of water resources is carried out properly.30 Pursuant to the proclamation that define the power and responsibility of Ministries, the power of the then Ministry of Water and Energy and the currently renamed Ministry of Water, Energy and Irrigation includes: promoting the development of water resources and energy; undertaking basin studies; determining the country’s ground and surface water resource; undertaking studies and negotiations of treaties pertaining to the utilization of boundary and trans-boundary water; supporting the expansion of potable water supply coverage; and issuing permits and regulating the construction and operation of water works.31 The ministry also works in corporation with the line Bureaus of Water and Energy of the Regional States. Especially the ministry gives training to the regional experts in the way to build their capacity. Beyond that the regional states water and energy bureau are the main implementers of the water policy supplying water and enhancing small scale irrigation in cooperation with the ministry as well as the line offices of the regional governments. There is also a separate office for irrigation in regional states. In addition, Afar National Regional state established the Integrated Basin Development Office. This office facilitates the construction of small scale irrigation and drinking water projects for both human and livestock.32 If the construction is for irrigation, the Pastoral Development Office will follow up and if the project is for water supply the office of the water and energy will follow up once the project is finalized. 29 Interview with the director of the Land Administration Directorate of the Oromia Rural Land Administration and Environmental Protection Bureau on 12February,2014 30 Art. 3 of the Water resource management proclamation No. 197/2000 31 See supra note 23, Art.26 32 Interview with Socio Economist of the In the Basin Development and Villagization Program Coordination office of Afar regional State on February 25, 2014, Samara. 60 There is also basin water resource administration authorities in areas such as Awash basin for the Purposes of co-coordinating, administering, allocating and regulating the utilization of the surface water resources of the Awash Basin. The authority has responsibilities to administer the available water of the basin that flows across or lies between more than one Regional Governments and regulate the flow of water of such rivers. The authority is also responsible to issue permits pursuant to appropriate law, to construct and operate water works.33 Water Works includes any activities related to water such as studies on water resources and regulate or control the use of the same. There are also institutions such as the Ethiopian Institute of Water Resources (EIWR). It is established to serve as the central administration unit to coordinate research, education and outreach activities amongst the partnering U.S. and Ethiopian Universities. The mission of EIWR is to provide outstanding higher education programs, conduct internationally recognized research and perform high-impact community outreach to address Ethiopian development challenges in all aspects of Sustainable Development & Management of Water Resources. 34 It accomplishes this mission by integrating its educational, research and outreach activities. In its educational activities, it is facilitating the establishment of five new graduate-level academic programs in Water Resources Engineering and Management (WREM), Water and Health, Water and Socioeconomics, Water Diplomacy, and Hydraulic Engineering at Ethiopian universities. In its research activities, it facilitates and conduct research aimed at addressing water related developmental problems in Ethiopia through community engagement and student thesis. In its outreach activities, it helps graduate and undergraduate students in identifying water related problems in Ethiopian communities and undertaking studies to develop solutions. It works together with governmental and non-governmental organizations, the private sector, and local communities to implement solutions. The Ethiopian Water technology institute is also very important in that this institution is empowered to conduct short term and long term training in relation to water development activities; produce instructors required by technical and vocational education and training institutions that train in water and water related Professionals. It also 33 See Article 6, proclamation No. 129/1998(proclamation to provide for the establishment of the Awash Basin Water resource Administration Agency). 34 Retrieved from http://www.eiwr.org/index.php?option=com_content&view=article&id=46 Visited on 22 March 22, 2014 at 9:00 Am 61 conducts studies that facilitate the growth of water resource development.35 These two institutions could contribute for the efficient and sustainable use of the water resource in the country. 5.3.How the Policy Informs or Relates with PRIME Activities? One of the major activities stated under IR1 is enhancing access to natural resources such as water. PRIME has programs which will contribute to community action-enhancing resources such as Cash for Work and mechanized assistance to excavation of existing water points. Cash for Work provides short term, temporary employment for enhancing productive communal assets such as erosion controlling, forestry and water conservation interventions. As stated under IR2 Community planning and scenario development activities will generate a series of action plans for improving adaptive capacity to climate change. They will guide actions to ensure that activities under IR1 and IR3 are sustainable. These will include soil and water management and conservation. If the water policy and the existing laws are taken seriously they help for achievement of PRIME activities. So the major activities that PRIME will do include increasing access to water, improvement of water management and conservation of the same. In relation to this cooperation with important institutions and observing the available policies and laws are very important. Institutions such as the Ministry of Water, Irrigation and Energy which is empowered to supporting the expansion of potable water supply coverage, issuing permits and regulating the construction and operation of water works is important. In relation to this consulting the Ethiopian Water resource management proclamation and the regulation issued to implement the same proclamation which guides any activity in relation to water works is indispensable. For activities in the Awash Basin it important to work closely with the Awash Basin Authority and follow the establishment proclamation of the same by which any water related activities are governed in the basin. Working in cooperation with the Ethiopian Institute of Water Resource, whose mission is to provide outstanding higher education programs, conduct internationally recognized research and perform high-impact community outreach to address Ethiopian development challenges in all aspects of Sustainable Development & Management of Water Resources is very important. The 35 Art. 6 of Regulation No.293/2013 ( Council of Ministers Regulation to Establish The Ethiopian Water Technology Institute.( Federal Negarit Gazetta) 62 Ethiopian Water technology institute is also very important in that this institution is empowered to conduct short term and long term training in relation to water development activities; produce instructors required by technical and vocational education and training institutions that train in water and water related Professionals. It also conducts studies that facilitate the growth of water resource development. Finally local level Soil and Water conservation activities which are the main tasks planed under IR2 are done at local level by the regional and Woreda Natural Resource Protection departments. So these institutions are of great help for the soil and water conservation activities. 5.4.Conclusion The overall goal of Water Resources Policy is to enhance and promote all national efforts towards the efficient, equitable and optimum utilization of the available water resources of Ethiopia for significant socio-economic development on sustainable basis. The Policy is being implemented since its issuance in different part of the country through expansion of water supply development of irrigation scheme and construction of hydroelectricity. But its implementation differs from region to region. Especially the pastoral regions are constrained by poor human resource and inefficient utilization of the available resources which needs more attention. The development of commercial farms in the pastoralist areas also limited the access of the pastoralists to water and pasture. This resulted in competition over the scarce resource and finally conflict will be the order of the day. The policy has also given some emphasis to the pastoralist recognizing that the majority of the Ethiopian people engaged in livestock production. The policy recognizes that livestock water supply as an integral part of the overall water supply. Promoting the availability of water nearer to pastoralists; fostering efficient and sustainable development; and maintenance of livestock water supply systems are the objectives the policy have for pastoralists. The policy is also aimed at making the pastoralists self-reliant by harmonizing and promoting the user pay principle with the willingness and ability to pay for livestock water supply. Pursuant to this principle the pastoralists will pay for livestock water supply in the future in order to insure its sustainability. But the strategy designed for the implementation of the policy is somewhat silent as to how these objectives will be achieved. 63 The policy has also indicated that irrigation could be used for the development of the grazing lands for livestock. But the close reading of the strategy designed for the implementation of the policy indicate that irrigation is designed from crop production point of view for food selfsufficiency, giving little emphasis to livestock production. In relation to the Trans-boundary waters, focus is given for waters crossing neighboring countries. But nothing has been raised in the policy and strategy documents in relation to equitable and reasonable use of rivers crossing two or more regional states, which are potential conflict areas especially in the pastoral community. The existing legal provisions simply talk about the administration and regulation of such waters. There is no clear cut way by which such rivers are equitably used among the upstream and the downstream communities. There are such rivers in the pastoralist areas which are of potential for hydroelectricity; Genale and Gibe are some of such rivers. The policy says nothing, however, about the right of the pastoralists in relation to exploitation of such rivers. There is also no special compensation scheme for the pastoral community while exploiting such rivers. If the normal expropriation law is applied it does not fulfill the requirements for compensation. Such interpretations will have bad consequences in that the pastoralists will not have another alternative. The section of the policy dealing with the pastoralists are strongly related with the goals of IR1 which are very important to increasing the productivity and competitiveness of the livestock production in that this section talks about water supply which increases the productivity of the livestock. This makes the policy relevant for PRIME. In IR2, PRIME will support the excavation of the existing water points, Support Soil and water management and conservations. In order to achieve this, working in cooperation with Water related institutions and observing the available policies and laws are very important. 5.5.Suggested Readings Ayalew Gebre (2001)’Conflict Management, Resolution and Institutions Among the Kerreyu and their Neighbors’, in M.A Mohammed Salih et al (edds.), African Pastoralism: Conflict, Institutions and Government(p. 81-99) Samuel Tefera & Fiona Flintan (2007) ‘The Dynamics of Rangeland & Water Management in Afar’, in Ridgewell, Andrew and et al (edds), Gender & Pastoralism: Rangeland & Resource Management in Ethiopia 64 PFE, IIRR and DF (2010) Pastoralism and Land: Land tenure, administration and use in pastoral areas of Ethiopia. FDRE(2010)Federal Democratic Republic Of Ethiopia, Ministry of Agriculture and Rural Development of Ethiopia, the Agricultural Sector policy and Investment (PIF) 2010-2020 FDRE (1999) Ethiopian Water Sector Policy, Ministry of Water Resource of the Federal Democratic Republic of Ethiopia. FDRE (2001) Ethiopian Water Sector Strategy, Ministry of Water Resource of the Federal Democratic Republic of Ethiopia. FDRE (2000) Proclamation No. 197/2000, a proclamation to Provide Water resource management FDRE (1998) Proclamation No.129/1998, a proclamation to provide for the establishment of the Awash Basin Water resource Administration Agency. FDRE (1995) proclamation No.1/1995,the Constitution of the Federal Democratic Republic of Ethiopia( Federal Negarit Gazetta) FDRE (2010) Proclamation No. 691/2010(proclamation that define the power and responsibility of the Executive Organs of the Federal Government FDRE(2013) Regulation No.293/2013 ( Council of Ministers Regulation to Establish The Ethiopian Water Technology Institute, Federal Negarit Gazetta 65 VI. THE LAND POLICY IN ETHIOPIA: PARTICULAR EMPHASIS TO THE PASTORAL COMMUNITY (AFAR, OROMO, SOMALI) 6.1.Introduction Pursuant to article 40(3) of the 1995 federal constitution land is the common property of the state and the people of Ethiopia. The government claims state ownership leaving usufruct rights to landholders which excludes selling or mortgaging the land. This helps, as the government claims, to protect the rural peasants from selling their land to rich men which will ultimately result in loss of their livelihood. Currently PRIME (Pastoralists Resilience Improvement through Market Expansion) is working for the betterment of the livelihood of the pastoralists in Afar, Oromia and Somali National Regional States. One of the specific activities is the enhancement of the accesses to the natural resources. Land is one of the natural resources and, therefore, studying land policy of the Ethiopian State is found necessary for two reasons. The major one is to inform the PRIME consortium members about the scope and the substance of the policy while the other reason is to identify gaps and to conduct a policy research on such gap if there exist any. The study is based on documentary analysis and information gathered from key informants. It will have five sections to effectively deal with the subject matter. The first section deals with the Policy in general and the second section deals with the description of the land policy. This section shows different documents such as the constitution, the rural land administration laws of both the federal and regional states and other policy documents which read together form the land policy. The third section deals with the importance the study will have for PRIME actives. This section links with specific activities. The fourth section deals with the conclusion of the land policy. The final section will have the reference material used throughout the study. 6.2.The Policy The federal constitution, the federal land administration proclamation, the Oromia, Afar and the Somali National Regional State Rural Land Administration proclamation are laws dealing with the land policy while Agricultural Development Lead Industrialization(ADLI), Rural Development policy and strategy(RDPS), Plan for Accelerated and Sustainable Development to End Poverty( PASDEP) and the Growth and Transformation Program(GTP) are the policy 66 documents dealing with the agricultural policy in general and that of the land policy in particular. Except for those policies which are issued by the regional governments all laws and policy documents which are issued by the federal governments apply all over the federation. As it has been mentioned in earlier section the constitution of the Federal Democratic Republic of Ethiopia recognizes the right of the pastoralists to have grazing land.1 But unlike what has been done in the farming community, the pastoralists’ tenure security problem has not been solved so far in that they have not get the certificate witnessing their right to grazing land. 2 Though the policies talk about the certificate, they lack some implementing regulations or directives to that effect. Therefore, tenure insecurity of the pastoral community exists at both the federal and regional level. This shows that the policies are yet to be implemented. Even if the government has recognized the problems of the pastoralists their problem lingers there. Compensation, certification as well as conflict and gender empowerment in land use which are the burning issues of the pastoralists remain unsolved till today. 3 There is also a policy gap in relation to land administration and land use planning. Documents such as PASDEP, RDPS reveal such facts.4This shows that the constitutional provision in relation to the pastoralist’s right to grazing land and other policy documents in relation to land are yet to be implemented. 6.3.Description of the policy 6.3.1. At Federal Level As it has been discussed earlier, the policy in relation to land emanate from article 40 of the 1995 federal constitution. It confirmed the state ownership of land in Ethiopia.5 The regional state constitutions and other laws also follow similar fashion. Pursuant to this provision of the constitution land is the common property of the state and the people of Ethiopia. The constitution has specifically dealt with the issues of the pastoralists. It recognized the inviolability of the 1 Art. 40(5) of proclamation number 1/1995,the Constitution of the Federal Democratic Republic of Ethiopia( Federal Negarit gazetta) 2 Interview with the director of the Land Administration Directorate of the Ministry of Agriculture and Rural Development on18 February,2014 3 PFE, IIRR and DF (2010) Pastoralism and Land: Land tenure, administration and use in pastoral areas of Ethiopia p.43p.43 4 Federal Democratic Republic of Ethiopia(2010) Ministry of Agriculture and Rural Development, The Ethiopian Agricultural Sector Policy and Investment Framework (PIF) 2010-2020 section 3.1 5 See supra note 1 art. 40 67 grazing land for the pastoral community.6 Similarly the Federal rural land administration proclamation confirms those right and guaranteed certification of the right to grazing land on communal basis.7The rural land acquisition, transfer, redistribution, removal of a holding right, administration and security is set out in Proclamation No. 456/2005. These documents state that every citizen from 18 years of age who wants to make a living from agriculture should be accorded free access to land.8 The implementation of this federal proclamation rests with the regional states by adopting their own laws in conformity with the very principles of the federal land use and administration proclamation.9 Pursuant to this proclamation almost all regional states issued their rural land use and administration proclamations. In addition to this, there are different policies, strategies and programs which are related to the land policy in one way or another. From these the Agricultural Development Led Industrialization (ADLI) is a central pillar of economic policy in the recently completed Plan for Accelerated and Sustained Development to End Poverty (PASDEP) and Growth and Transformation Plan (GTP) which is currently under implementation. If the country is to be developed, the agriculture which is to be conducted on land is the basis. This shows that land and agricultural development are two faces of a coin which makes the study of land and land policy indispensable. Though much of the 2001 RDPS (Rural Development Policies and Strategies) focuses on settled farming community, it also has policies on pastoral development. According to this document, the short and medium term strategies focus on reducing pastoralist mobility.10 The document describes the proper utilization, allocation and use of existing land as one of its six pillars of agricultural development. Strengthening of the land administration system in both urban and rural areas, including rural land certification program was linked within the Plan for Accelerated and Sustained Development to End Poverty (PASDEP) implemented from 2006 to 2010. Rural land tenure security and the proper administration and management of land were some of its eight major important initiatives. The Government has formulated Growth and Transformation 6 Ibid art.40(5) Art. 6(3) proclamation No. 456/2005Proclamation( Federal Negarit Gazetta)Federal Administration Proclamation) 8 ibid Art.5(1)B 9 Ibid Art. 17 10 Supra note 3, p.33 7 Rural Land 68 Plan (GTP) to be implemented from 2010-2015 to carry forward the important strategic directions pursued in the PASDEP including the land tenure security. Furthermore, the Ethiopian Strategic Investment Framework for Sustainable Land Management (ESIFSLM) in which land administration and certification is one of the six important components has been adopted.11 But all these are yet to be implemented to bring land tenure security all over the country in general and to the pastoral community in particular. Because of the lack of clear land tenure procedures in pastoralist areas, pastoral lands are encroached resulting in tenure insecurity. Customary laws which were an effective means of ensuring sound use of grazing reserves have been weakened. Pursuant to the 1995 Federal constitution, the regional states administrate lands in their regions based on the law the federal government.12 Based on this constitutional provision, the Federal Rural Land Administration Proclamation transfers the authority for land administration, including rights to distribute land, to the regional governments and vests them with the power over the assignment of holding rights and the execution of distribution of holdings.13 Consequently, regional governments came up with laws to administrate land within their region. The Oromia, Afar and Somali Regional states are few among others. The land policies of these regional states validate state ownership of land and land holders whether farmer, agro-pastoralist or pastoralists have only usufruct rights to plots of land without transfer rights, such as sale or mortgage. The following section discusses the three regional states land administration. 6.3.2. At Regional State Levels (Oromia, Afar and Somali) Here the scope is limited to the three regional states in which PRIME operate (Oromia, Afar, and Somali National Regional States) A. The Land Policy in the Oromia National Regional State Unlike the Afar and the Somali National Regional States there is no separate land policy document in Oromia. Instead there is land use and administration proclamation in the region. The Oromia Rural Land Use and Administration Proclamation grants higher levels of tenure security 11 12 13 See supra note 14, P.6 See supra note 1 Art. 52(2)D See supra note 7 Art. 5(2) 69 to the Agricultural community in that it grants lifelong usufruct right to agricultural land free of payment to all male and female residents whose livelihoods depend on agriculture. 14 However, there are three important restrictions formulated in the proclamation that allow the state to expropriate for public interest, dispossessing for not using and for irrigation infrastructure. The Proclamation recognizes the right of the pastoralists to communal customary rights to access to grazing land. But it is yet to be practiced in that the regulation and directives for implementing such rights of the pastoralists are lacking. The proclamation recognizes pastoralists’ communal customary rights to access land and confirmed that the pastoralists cannot be evicted from their holdings and that their holdings cannot be transferred to a third person or organization.15But such provisions seem to have paper value in that the pastoral community in Oromia lack land certificate witnessing their holdings. Even if the proclamation dictates the pastoralist to have the right to have the land certificate16 on communal basis, it has not been implemented so far Such certification has not been given to the pastoralists except for those who are settled and semi-pastoralists practicing crop production. Any peasant or pastoralist or semi pastoralist shall have the right to transfer his land use right to his family members or children whose livelihood depends on it or have no other income as a gift. 17 The problem is how pastoralist could use such a right without land certification. This is also aggravated by the communality nature of the pastoralists’ rights. This intern makes the compensation schemes the proclamation talks meaningless in that it is not known for whom the compensation will be paid. Of course the proclamation has dealt about the compensation for Any peasant, pastoralist and semi pastoralists whose irrigable land holding is redistributed to others to be compensated with a reasonable rain fed land by the users of the schemes.18 The main problem of the Oromia land Administration and use proclamation is its treatment of the pastoralists just like that of the crop producers. If we take, for example, the case of the Afar and the Somali national regional states their land laws are mainly about the pastoral community. Unlike that of the two regional states the Oromia regional states gives little space to the 14 See Art. 5(1) of Proclamation No. 130/ 2007 (Proclamation to amend the proclamations No. 56/2002, 70/2003, 103/2005 of Oromia Rural Land Use and Administration). 15 Ibid Art.6(5) 16 Ibid Art.15(16) 17 Ibid Art.9(5) 18 Ibid Art.14(4) E 70 pastoralists in the region. This calls for a separate rural land administration and use proclamation for pastoral community in the regional state. The absence of such separate treatment makes the problem of tenure insecurity very worse. B. The Land Policy in the Afar and Somali National regional States The Afar National Regional State has somewhat comprehensive land related policy and laws in relation to the pastoral community of the region. The Afar National Regional State Rural Land Administration and Use Policy document was issued in 2008. The land use and administration proclamation, regulation and the directives were issued in 2009, 2011 and 2012 respectively. Insuring land use rights and obligations of the pastoralists, agro-pastoralists and other user; public participation; avoiding land use related conflicts, developing and organizing information on land and land based resources; conducting in depth study on traditional land use and administration to make use of its advantage; establish government land administration and use institutions; and creating the awareness of the people with respect to the land administration and use policy of the region are the main objectives of the policy.19 The land administration and use proclamation was issued in 2009 in order to implement the policy. Pursuant the land use and administration proclamation of the Afar and Somali National Regional States, the pastoralist of the regions have lifelong right to use of their grazing land if and only if they have the certificate witnessing their possessory right. 20Pastoralists’ right to get certificate are insured both by the policy and the proclamation but it remains on paper except for those who have farming lands and for those who settled based on the villegization program. As the proclamations of both regional states indicate it is prohibited to enclose for private use and investing on communal grazing lands. But the government can decide in making communal grazing land for investment based on the interest of the community concerned after changing it to a private holding.21The land policy in both regional states does not, however, take into account 19 See section 3.3 of the 2008 Afar National Regional State land Use and Administration Policy. See the cumulative reading of Art. 5(1) and Art. 16(5)Dinkara Gazetaof proclamation No. 49/2009(The Afar National Regional State Land Administration and Use proclamation), see also the cumulative reading of Art. 5(1) and Art.15(5) of Dhool Gazeta, proclamation No.128/2013, The Ethiopian Somali National Regional State Rural land Administration and Use Proclamation 21 See the cumulative reading of Art. 5(9) the proclamation and Art. 7 of the land use and administration regulation. See also Art 5(10) of Dhool Gazeta, proclamation No.128/2013 20 71 the existing different types of communal landholding and says nothing about dry season grazing land, especially that of the river banks.22 Pursuant to the land use and administration proclamation of both Afar and Somali National Regional States, agro- pastoralists seem to have more right than that of the pastoralists. Unlike that of the pastoralists the agro-pastoralist have the right to be compensated for what the government will take over for investment or other purpose based on public interests. Even the literal reading of the two Regional States’ proclamations indicates the agro-pastoralist can ask land as of right, unlike the pastoralists, once he or she is of 18 years old. 23 Of course, any pastoralist who is of 18 years old and want to practice farming can also ask farming land as of right. In addition to the pastoralists and the agro-pastoralists; investors, governmental and nongovernmental organizations residing in the two regional states have the right to access to rural land on the basis and in line with the development planes of the two regional governments.24The proclamations set the minimum and the maximum size the land holding. In Afar holdings beyond the maximum size allowed may be redistributed for the landless if it has been found the only solution. In addition, irrigation schemes developed by the government funding and common grazing areas could be allocated for the landless if there is no another alternative solutions.25 The Somali National Regional State Land use and Administration proclamation is, however, silent in relation to redistribution of land to pastoralists and the agropastoralist even if it talks about the maximum and the minimum sizes of land holdings. Of course, the words “Redistribution” and “Allocation” are absent even in the definition part of the Somali National Regional State Land use and administration proclamation. Both the policy and the proclamation of the Afar and the Somali National Regional States recognize the participation of the community in the land use and administration system in different regard. One such participation is in the dispute settlement in relation to land use. In such case the dispute will be solved according to the customary dispute settlement practice of the community. If the parties are not satisfied with the decision of the elder’s they have the right to 22 See supra note 3, p.43 See supra note 19 Art. 9 of both regional state’s land administration and use proclamations 24 Ibid Art. 16(Afar) and Art. 15( Somali) 25 Ibid Art.12 23 72 bring their grievance to the woreda court and they have the right even to go to the extent off the cassation bench of the regular courts.26 Those who have the right to use land have also obligation to protect and conserve their land holding, cooperate with the necessary organ that is responsible for the implementation of the policy and the laws in relation to land and the duty to pay tax for the use of land. The local community also participate in the land administration and use in the form of the Kebele Land Administration committee composed of elders , women and representative of the youth.27 The policy of the regional land administration of the Afar National Regional State has got proclamation, regulation, and directive for the purpose of implementation. The regional Rural Land and Environmental Protection bureau is responsible to implement the land policy of the region. Land use and administration have been deal with at list on paper and there are efforts to put it into practice. But little has been done in relation to land valuation and land use planning. The directive as to how the land use planning will be done is yet to be reality. In addition, the implementation of the policy will not be an easy task. It will face challenges as it will get huge amount of supporters. One of the challenges that could hinder the implementation of the land policy could be differentiation between the communal and the private holdings. Similarly equal benefit sharing from communal holdings may not be easy task. There is also gap in relation to certification and compensation to the pastoralist. In one way or another it needs hard working. In relation to the Somali National Regional State, the proclamation of land Administration and use was issued in 2013. The regulations and the directives to implement the proclamation and the land policy are not issued so far. The problem in Somali National Regional State is aggravated because of the Absence of independent office that follows up the implementation of the regional state land policy and laws. So far the responsibility is shouldered on a small department of the Natural Resource Management under the Ethiopian Somali National regional State livestock and Pastoral Development Bureau. 26 27 Ibid Art. 15( Afar) and Art.14(Somali) Ibid Art.22(Afar) and Art.20(5)( Somali) 73 6.4.How the policy informs or relates with PRIME activities? As the PRIME master document clearly states,IR1 and IR3 focus on increasing pastoralists’ asset base through improved livestock marketing systems and development of alternative livelihoods for households transitioning out of pastoralism while IR2 will establish and strengthen the information, systems and processes required to enable those industries to become more resilient to increasing drought and unpredictability, and to follow economically, socially and environmentally sustainable pathways to growth. This will provide feedback to IR4, strengthening the Enhanced Innovation, Learning and Knowledge Management Framework.28 One of the major tasks of the IR1 is increasing the access to the natural resources such as range lands recognizing the pastoralists’ dependence on such natural resources and the day to day increment of encroachments on the same. PRIME will also assist at least 91 community clusters to better manage and substantially enhance their rangeland and/or watershed resources. The local communities will participate in the development and management of their resources through different schemes including, but not limited to: controlling soil erosion; forestry and water conservation interventions through the program of cash for work.29 The policy documents have some supportive programs which could be integrated with the programs of the government. In order to achieve the desired goals, PRIME should work in in Cooptation with both regional and Federal Institutions such as the Ministry of Agriculture and Rural Development. In the Ministry the Directorate of the Land Use and Administration and the Directorate of Natural Resource Management are very important. At regional level, Bureau of Land Administration and Environmental Protection in Afar and Oromia are very important institutions working with land and land related issues. In Somali National Regional State the Natural Resource Management Department under the livestock and Agricultural Development Bureau is important institution. In addition to the institutions the land policy and the laws governing land should be consulted. The Constitution of the Federal Democratic Republic of Ethiopia (Proclamation number 1/1995), The Afar National Regional State Land Administration and Use proclamation(proclamation No. 49/2009), Afar National Regional State land Use and Administration Policy(2008), Oromia Rural Land Use and Administrations Proclamation(Proclamation No. 130/ 2007), Oromia Rural 28 29 Mercy Corps(2012)Pastoralists Resilience Improvement through Market Expansion (PRIME) P.31 Ibid P. 22 74 Land Use and Administrations Regulation (Regulation No. 152/2013) and The Ethiopian Somali National Regional State Rural land Administration and Use Proclamation (Dhool Gazetta of proclamation No.128/2013) are the Laws and Policy documents those should be consulted. 6.5.Conclusion Policies and laws which deal with the problem of the pastoralists in general and land tenure in particular exist at both national and regional level but they are not implemented due to the absence of regulations, directives and even institutional set up. Even though the government has recognized the problems of the pastoralists’, issues such as compensation, certification as well as conflict and gender empowerment in land use which are the burning issues of the pastoralists remain unsolved till today. This shows that the constitutional provision in relation to the pastoralist’s right to grazing land and other policy documents in relation to land are yet to be implemented. The Oromia National Regional State Rural Land Administration and Land Use Proclamation recognize the right of the pastoralists to communal customary rights to access to grazing land. But it is yet to be practiced in that the regulation and directives for implementing such rights of the pastoralists are lacking. The Region also lacks separate land policy and Laws for pastoralist; they are treated in similar fashion with the crop producers. In Afar National Regional State Rural Land Administration Policy of 2008 recognizes the pastoralist’s right to certification on communal basis and Promised Land holding certificate that signifies the inviolability of such a right. The same applies in the Somali National Regional State. In all the three regions right to get certificate remains on paper. In Afar and Somali National Regional states, the implementation of the policy will not be an easy task. It will face challenges as it will get support. One of the challenges that could hinder the implementation of the land policy could be differentiation between the communal and the private holdings. Similarly equal benefit sharing from communal holdings may not be easy task; it needs hard working. In relation to the Somali National Regional State the proclamation of land administration and use was issued in 2013. The regulations and the directives to implement the proclamation and the land policy are not issued so far. The problem in Somali National Regional State is aggravated because of the absence of independent office that follows up the implementation of the regional state land policy and laws. The responsibility is shouldered on a 75 small department of the Natural Resource Management under the regional State’s livestock and Pastoral Development Bureau. Pursuant to the land use and administration proclamation of both Afar and Somali National Regional States, agro- pastoralists seem to have more right than that of the pastoralists. Unlike that of the pastoralists the agro-pastoralist have the right to be compensated for what the government will take over for investment or other purpose based on public interests. Even the literal reading of the two Regional States’ proclamations indicates that the agro-pastoralist can ask land as of right, unlike the pastoralists, once he or she is of 18 years old. Of course, any pastoralist who is of 18 years old and who wants to practice farming can also ask farming land as of right. 6.6.Suggested Reading Crewett, Wibk et al, (2008) Land Tenure in Ethiopia Continuity and Change, Shifting Rulers, and the Quest for State Control PFE, IIRR and DF (2010) Pastoralism and Land: Land tenure, administration and use in pastoral areas of Ethiopia Tigistu Gebremeskel (2011) Experience and Future Direction in Ethiopian Rural Land Administration, Paper Presented at the Annual World Bank Conference on Land and Poverty, Washington D.C ( un published) Federal Democratic Republic of Ethiopia Ministry of Agriculture and Rural Development, the Ethiopian Agricultural Sector Policy and Investment Framework (PIF) 2010-2020 Mercy Corps (2012) Pastoralists Resilience Improvement through Market Expansion (PRIME) FDRE (1995) Proclamation number 1/1995, the Constitution of the Federal Democratic Republic of Ethiopia FDRE (2005) Proclamation ‘No. 455/2005 Expropriation of Landholdings for Public Purposes and Compensation Afar (2009)Dinkara Gazetta of proclamation No. 49/2009(The Afar National Regional State Land Administration and Use proclamation), see also the cumulative reading of Art. 5(1) Afar (2008) Afar National Regional State land Use and Administration Policy. 76 Oromia (2007) Proclamation No. 130/ 2007, Oromia Rural Land Use and Administrations Proclamation. Somali (2013) Dhool Gazetaof proclamation No.128/2013, The Ethiopian Somali National Regional State Rural land Administration and Use Proclamation. 77 VII. FOREST DEVELOPMENT, CONSERVATION AND UTILIZATION POLICY AND STRATEGY 7.1.Introduction Almost all development policies of Ethiopia are linked with the forest resource in that the forest is directly linked with the environment and intern environment is everything. The forest policy of Ethiopia was developed for the first time in 2007. As the preamble of the policy states, degradation of resources caused desertification; increased recurrence of severe draught and rural to urban migration. The overall objective of the policy is to conserve and develop forest resources to increase forest products to the society and its contribution to the national economy. Pastoralists’ Resilience Improvement through Market Expansion (PRIME) project is also working to improve the livelihood of the pastoralist through different activities. Some of these activities are increasing access to natural resources and creation of alternative livelihood to the pastoralist in the Afar, Oromia and Somali National Regional States. From such natural resources forest is one of the potential area in which PRIME could make use to achieve its goal. The forest policy also has dealt with such issues to a greater extent. Studying the forest policy of the country is, therefore, necessary at least for two reasons. The major reason is to inform the consortium members about the content and the scope of the existing forest policy. Similarly identifying a policy gap and conducting a policy research, if there exist any, is also the other important reason. Taking this in to account the study will have four sections to effectively deal with the subject. The first section deals with the format, type, scope of the policy and legislations about the forest sector. It also deals with the practicability of the forest policy. The second section deals with the description of the policy briefly while the third section connects the policy with the activity of PRIME. The fourth section deals with the conclusions and recommendations of the study. Finally there will be suggested readings. 7.2.The Policy The 2007 Forest Development, Conservation and Utilization Policy and Strategy document was the first forest policy in the history of the country. The policy was prepared by the Ministry of Agriculture of the Federal Democratic Republic of Ethiopia. Unlike the land policy the forest 78 policy is restricted at federal level in that there is no separate regional forest policy. The regional states either include in the land policy or issue forest proclamations based on the Federal Forest Policy. At federal level forest conservation and utilization proclamation No. 542/2007 govern forest activities besides the policy. At regional level the Oromia Forest Proclamation No. 72/2003 regulates forestry activities in the region. The Afar and the Somali National Regional states apply the federal forest proclamation. The Afar National Regional State has also issued a regulation to control, manage and eradicate the invasion of Prosopis in the region. The federal proclamation is applicable throughout the federation while Oromia forest proclamation is applicable in the Oromia region. The implementation of the policy differs from region to region. Especially the pastoralists and the agro-pastoralist regions are not taking the policy seriously. In the Somali National Regional State, for example, deforestation for charcoal production has resulted in the depletion of the forest resources and ultimately loss of the fodder for the livestock.1 Although the Forest Development, Conservation and Utilization Policy and Proclamation number 542/2007 included provisions for the ownership of natural forests by local communities, access to state forests is still highly restricted2 in that the extent of the benefit of the community residing within and around state forests in general and that of the productive forests in particular is not clearly defined and if there exist any it is not sufficient. There is, of course, good example of community participatory forest managements in areas such as Bale. In the Bale Participatory Forest management project, the local community participated in the management, conservation and utilization of the forest resource. The management of the forest resource was done by the local community and the local administrations give technical support. The community itself demarcates the forest area. 7.3.Description of the policy The forest policy document is the first policy in relation to the forest management. Owing to the regressive practice pursued for quite a long time and despite the existence of favorable conditions for forest resource development and utilization, the Ethiopian State was not able to Sead Oumer (2007)The ‘Privatization’ of Somali Region’s Rangelands, in Ridgewell, Andrew and et al (edds), Gender & Pastoralism: Rangeland & Resource Management in Ethiopia( p.33-43) p.40 2 Yemiru Tesfaye (2011) Participatory Forest Management for Sustainable Livelihoods in the Bale Mountains, Southern Ethiopia ( A Doctoral Thesis, Swedish University of Agricultural Sciences) unpublished. P.18 1 79 collect the expected economic, social and natural benefits from the forest sub-sector.3 To encourage sustainable forest development by rendering professional and technical assistance to farmers, pastoralists, investors and institutions engaged in forest resource development, it was found necessary to develop a policy that deals with forest resources. That is why Forest Development, Conservation and Utilization Policy and Strategy document was prepared by Ministry of Agriculture and Rural Development in 2007. The policy deals with private forest development and Conservation; expansion of forest development technology; expanding market development for forests; administration and management of state forests; protecting forest resources from threats; and establishing modern information systems on forest development, conservation and utilization. Until 2013 the responsibility to implement the forest policy and the proclamation was shouldered on the Ministry of Agriculture and Rural Development. After 2013, a new ministry, the Ministry of Environmental Protection and Forest took over the responsibility of implementing the policy and the proclamation. Pursuant to the establishing proclamation of the Ministry of Environmental protection and Forest, the power and duties given to the Ministry of Agriculture, with respect to forest, are transferred to the former.4 The Ministry of Environmental Protection and Forest has power and duties to ensure the implementation of the policy and the proclamation of the forest; follow up and monitor activities of forest development, conservation and utilization; prepare forest technology; and establish a continuous information exchange network.5 As the preamble of the policy indicate degradation of resources caused desertification; increased recurrence of severe draught and rural to urban migration. The overall objective of the policy is to conserve and develop forest resources to increase forest products to the society and its contribution to the national economy. This could be achieved by increasing the forest cover of the country. To secure these results, the document states three policy statements. The first is encouragement of private forest development and conservation through different mechanisms such as tax holidays, lease-free land and technical supports while the second one is the 3 See the introductory remark of the policy and Strategy for forest development, conservation and utilization (2007) The Federal Democratic Republic of Ethiopia, Ministry of Agriculture. 4 See Art.2(4)2 of proclamation No.803/2013, a proclamation to amend the proclamation on the definition of power and duties of the executive organs of the Federal Democratic Republic of Ethiopia.( Federal Negarit Gazetta) 5 See Art. 17 of proclamation No.542/2007, Negarit Gazetta, Federal Forest Development Conservation and Utilization Proclamation, Addis Ababa. 80 development and dissemination of technologies. Promotion of forest marketing to the farmers in highland areas, semi- pastoralists, entrepreneurs, and cooperatives, governmental and nongovernmental enterprises are also given emphasis. In short, the basic aim of the policy is to meet public demand in forest products and foster the contribution of forests in enhancing the economy of the country through appropriately conserving and developing forest resources. The policy has also contents related with the agro-pastoralists. It aimed at assisting pastoralist in identifying and planting tree species that are suitable to protect soil erosion, for use as fodder and capable of boosting income and ensure food security within the short run. This will be achieved by encouraging the agro-pastoralists that live within, and around protected forest areas through the grant of permits and technical assistance enabling them to engage in the production of honey, spices, wild coffee and fodder by way of participatory forest development and management.6 In order to secure these results, the policy document predicts plans and strategies to be adopted. Preparing forest management plans on the basis of collected information on the area coverage, topography and species diversity of protected forests that also takes due consideration of participatory biodiversity conservation and utilization should also be done. Designing and implementing participatory management strategy that can be utilized by the surrounding communities through designation of forests as protected areas will be prepared, as the policy indicates. The policy document has also dealt with market opportunities for pastoralists and other interested groups in need of market for forest products to make them competitive in domestic and international markets. In order to achieve this goal, as the policy indicates, forests that are sources of products that have a high demand in domestic and international markets will be appropriately protected and conserved to ensure production in a qualitative and quantitative manner. The federal Forest Development, Conservation and Utilization Proclamation No. 542/2007 was one step forward in making fundamental changes to forest resource management across the country. Although there are laws and policies which deal with the forest management, they are hardly put into action.7 One of such failure is the absence of regulation to implement the proclamation. The forest proclamation allows for forests to be designated as either private or state owned. State forests may be given as concessions for privately managed plantations or 6 7 See supra note 3 section 4.2 Abebe Haile and et al,(2009) Small and medium forest enterprises in Ethiopia, London, UK. P.9 81 retained for conservation management by government organizations in cooperation with local communities. There is also policy gaps in relation to the management of forest resource found between two regional states. If two regional states failed to properly administer the forest resource, however, it would be the mandate of the federal government through the ministry of agriculture. 8 But both the policy and the proclamation are silent as to how the benefit from such forest resources is shared among the concerned regional states. There are real cases of such types throughout the country in general and in the pastoralist area in particular. The Dessa forest which is found between the Afar and the Tigrai National Regional States is the best example. The other area that the policy and the forest proclamation deals with are about the community which live in the state forest, Encouraging farmers/ agro-pastoralists that live within, and around protected forest areas through the grant of permits and technical assistance enabling them to engage in the production of honey, spices, wild coffee and fodder by way of participatory forest development and management is one of the objective of the policy, 9 if it is found necessary, according to the proclamation, evacuating the community living within the forest to the a place suitable for living is also another potion.10 But both the proclamation and the policy say nothing about the compensation scheme available for the community to be evacuated. Protection of the forest resource is not bad, similarly entertaining the interest of the community, at least by preparing proper compensation schemes, should have been dealt with properly. If the existing compensation law is applied it does not benefit the local community in that according to the proclamation if compensation is required of possessory right or holding should exist at least. But the local community can’t proof the holding of such resources in that such resources are under the control of the local administration from the very beginning. In addition, both the policy and the proclamation guaranteed the benefit that pastoralists or agro-pastoralists such as production of honey, spices, wild coffee and fodder in both the protected and productive state forests. But both documents failed to include other benefit sharing mechanism when the productive forest is being exploited. By benefit sharing mechanism it mean any type of benefit either on communal basis such as building schools, health centers or individual basis, which could be an incentive to 8 See supra note 5 Art. 17(2)A See Supra note 3 section 4.2 sub section E 10 See supra note 5 Art.9(8) 9 82 the local community. Failure to deal with such issues may discourage the local community in the protection and development of the forest resources.11 The other very important gap in the forest policy is the encouragement of large scale investments such as farming, mining, water works, and irrigation and Dam construction in state forests12. Large scale farming in such big forest resources will even be against the objectives of the forest policy itself in that such big investment requires deforesting the existing forest resources. Even if it is a must to clear forests to conduct such big investments, it is not a must for farming at least in that Ethiopia has excessive land for farming investment which the proclamations seems to allow. Regional government administrations hold a great deal of authority over land in Ethiopia through the forestry and land legislations. The notion of community management and ownership is even more insured in some regional legislation than that of the federal one. One of such best example is the case of the Oromia forest legislation. Unlike that of the federal forest proclamation, the Oromia forest proclamation is somewhat better in respecting community rights in managing, developing and utilizing natural resources. It has the third type of forest named “Community Forest” which is not even raised in the Federal Forest Policy and Forest Proclamation. The Oromia forest proclamation recognizes three types of ownership, namely state, private and community forests.13 In addition, it encourages the participation of local communities living within and adjacent to state forest on conservation, development and proper utilization of community forest14 forests. The proclamation also stresses on provision of technical support to those from the private sector who are willing to invest in the forest sector.15 The Oromia regional government has gone to the extent of establishing forest enterprise for the batter management of the resource. This enterprise is expected to be self-financing forest institution in the future. In relation to benefit sharing to the community from the exploitation of productive forests, however, the Oromia Forest proclamation is similar with that of the federal forest Proclamation; there is no mechanism by which it share the proceed of the productive forests to the local community. 11 Interview with expert of forest in the Borena zone, Pastoral Development Office, February21,2014, Yabello 12 See supra note 5 Art.14(5) 13 See Art 3 of Proclamation No.72/2003(Megelete Oromia) , Forest Proclamation of Oromia No. 72/2003, Finfinnee (Addis Ababa). 14 Ibid Art.6 15 Ibid Art.5(2) 83 The Afar National Regional State has also issued a regulation to control manages and eradicates the invasion of Prosopis in the region. According to the regulation even if the main objective is to eradicate the evasive species, it is also planned to generate income by producing charcoal. 16 Except for this the Afar National Regional state does not have forest proclamation. In the Somali National Regional State the forest proclamation is in its draft stage. The existing forest resource of the region is followed up by the department of the Natural Resource in the Livestock and Pastoral Development Bureau. In the near future there is a plan to transfer the administration and the follow up to the Environmental Protection Bureau.17 7.4.How the policy informs or relates with PRIME activities? IR1 and IR3 focus on increasing pastoralists’ asset base through improved livestock marketing systems and development of alternative livelihoods for households transitioning out of pastoralism. IR2 will establish and strengthen the information, systems and processes required to enable IR1 and IR3 to become more resilient to increasing drought and unpredictability, and to follow economically, socially and environmentally sustainable pathways to growth. This will provide feedback to IR4, strengthening the Enhanced Innovation, Learning and Knowledge Management Framework.18As the master document reveal, PRIME will discharge four activities: enhancing access, management, conservation and income generation in relation to forest resource. Taking these intermediate results into account, the forest policy is strongly related with PRIME activities. One of the major tasks of IR1 is to enhance access to natural resources of the pastoralists. In pastoral Ethiopia, livestock rely primarily on natural rangeland forage. However, limited land availability and reduced mobility combined with the encroachment of invasive species and exploitation of natural resources have reduced biodiversity and degraded rangelands. That is why PRIME intervenes in assisting community clusters to better manage and substantially enhance their rangeland and/or watershed resources. To implement this, Schemes such as Cash for Work which are designed for temporary employment and enhancing productive communal assets such as erosion controlling, forestry and water conservation interventions are designed 16 See Art. 4 of the regulation No. 5/2011( Dinkara Gazzeta) of the Afar National Regional State, A regulation to Provide for the control, management and eradication of Prosopis. 17 Interview with the expert of forest in the Somali National Regional State livestock and Pastoral Development Bureau. 18 See PRIME Master Document p.31 84 from the outset.19This has also been reflected in both the forest policy and Proclamations. As stated under IR2, Community planning and scenario development activities will generate a series of action plans for improving adaptive capacity to climate change. They will guide actions to ensure that activities under IR1 and IR3 are sustainable. These will include soil and water management and conservation, improvement of early warning systems and introduction of crop and livestock genotypes or species that are more resilient to projected climate conditions and livelihood diversification away from livestock as the sole source of income.20 PRIME interventions in training, technical assistance and other forms of support will thus be strengthened and together build resilience to climate change in pastoralist areas. The forest policy, if implemented, has the same provisions which calls for increasing forest cover to build resilience in general and to promote forest species that are resilient for pastoral areas which could be used as forage for livestock. As stated under IR3 Skills development must be complemented by concrete opportunities in order to sustainably diversify, smooth and increase household income. There are several avenues available for skilled households to improve income streams in urban and peri-urban areas including small-scale agriculture, starting a microenterprise or entering the formal employment market.21The forest policy has also such schemes encouraging the pastoralists that live within, and around protected forest areas through the grant of permits and technical assistance enabling them to engage in the production of honey, spices, wild coffee and fodder by way of participatory forest development and management.22 This helps for the achievement of the IR3 goals by creating income and employment opportunities. The forest policy is, therefore, strongly related with the PRIME activities. So, PRIME should consult institutions, the policy and the Proclamations of the federal Forest conservation and utilization proclamation. At regional level, the Oromia forest proclamation (proclamation No.72/1995) is also of great help. In addition the Afar Regional state regulation No. 5/2011 a regulation to Provide for the control, management and eradication of Prosopis) should be consulted. For activities of conservation of the forest resource that IR2 going to discharge, Woreda level offices such as the department of Natural Resource Management under the office of the Agriculture and Rural 19 Ibid p.22 Ibid p.35 21 Ibid p.39 22 See Supra note 4 section 4.2 sub section E 20 85 development(Oromia), in Office of Pastoral Development(Afar) and in Office of the livestock and Pastoral Development(Somali region) are very important. 7.5.Conclusion The implementation of the forest policy differs from region to region. Especially the pastoralists and the agro-pastoralist regions are not taking the policy seriously. In the Somali National Regional State, for example, deforestation for charcoal production has resulted in the depletion of the forest resources and ultimately to losses of the fodder to the livestock. Although the Forest Development, Conservation and Utilization Policy and Proclamation number 542/2007 included provisions for the ownership of natural forests by local communities, access to state forests is still highly restricted. Although there are laws and policies which deal with the forest management, they are hardly put into action. In addition, there is no any regulation to implement the Federal Forest Proclamation. There is, of course, good example of community participatory forest managements such as the Bale Forest Management Project. The forest proclamation allows for forests to be designated as either private or state owned. State forests may, pursuant to the Forest Proclamation, be given as concessions for privately managed plantations or retained for conservation management by government organizations in collaboration with local communities. There is also policy gaps in relation to the management of forest resource found between two regional states. If the two regional states failed to properly administer the forest resource it would be, however, the mandate of the federal government through the ministry of agriculture. But both the policy and the proclamation are silent as to how the benefit from such forest resources is shared among the concerned regional states. There are real cases of such types throughout the country in general and in the pastoralist area in particular. The Dessa forest that is found between Afar and Tigray National Regional States is the best example. The other area that the policy and the forest proclamation deal with is the community that lives in the state forest. Encouraging farmers/ agro-pastoralists that live within, and around protected forest areas through the grant of permits and technical assistance enabling them to engage in the production of honey, spices, wild coffee and fodder by way of participatory forest development and management is one of the objective of the policy. If it is found necessary, according to the proclamation, evacuating the community living within the forest area to the place which is 86 suitable for living is also another option. But both the proclamation and the policy say nothing about the compensation scheme available for the community to be evacuated. Protection of the forest resource is not bad, similarly entertaining the interest of the community, at least by preparing proper compensation schemes, should have been dealt with properly. In addition, both the policy and the proclamation guaranteed the benefit that pastoralists or agro-pastoralists such as production of honey, spices, wild coffee and fodder in both the protected and productive state forests. But both documents failed to include other benefit sharing mechanism when the productive forest is being exploited. Failure to deal with such issues may discourage the local community in the protection and development of the forest resources. The other very important gap in the forest policy is the encouragement of large scale investments such as farming, mining, water works, and irrigation and Dam construction in state forests. Large scale farming in such big forest resources will even be against the objectives of the forest policy itself in that such big investment requires deforesting the existing forest resources. 7.6.Suggested Readings Abebe Haile and et al (2009), Small and Medium Forest Enterprises in Ethiopia. London, UK. Sead Oumer(2007), The ‘Privatization’ of Somali Region’s Rangelands, in Ridgewell, Andrew and et al (edds), Gender & Pastoralism: Rangeland & Resource Management in Ethiopia. Yemiru Tesfaye (2011) Participatory Forest Management for Sustainable Livelihoods in the Bale Mountains, Southern Ethiopia (A Doctoral Thesis, Swedish University of Agricultural Sciences) unpublished. Mercy Corps (2012) Pastoralists Resilience Improvement through Market Expansion (PRIME) FDRE (1997) Environmental Policy, Environmental Protection Authority and Ministry of Economic Development and Cooperation, Addis Ababa FDRE (2007) Forest Development Conservation and Utilization Proclamation No. 542/2007. Federal Negarit Gazetta, Addis Ababa. FDRE (2013) proclamation No.803/2013, a proclamation to amend the proclamation on the definition of power and duties of the executive organs of the Federal Democratic Republic of Ethiopia.( Federal Negarit Gazetta) 87 Oromia (2003), Megelete Oromia, Forest Proclamation of Oromia No. 72/2003, Finfinnee (Addis Ababa). Oromia (2007) Megelete Oromia, Oromia Rural Land Use and Administration Proclamation No. 130/2007. Finfinnee (Addis Ababa). 88 VIII. CLIMATE CHANGE AND DISASTER PREVENTION AND PREPAREDNESS POLICY 8.1.Introduction Over the past decades, the number of recorded disasters in the world has doubled from approximately 200 to over 400 per year. Nine out of every ten of these disasters have been climate related.1 To avert the problem countries have concluded international agreements and established international legislations, like United Nation Framework Convention on Climate Change (UNFCC), and Hyogo Framework for Action (Hyogo Framework). While UNFCC aims to stabilize greenhouse gas concentration in the atmosphere and draws different action plans the Hyogo Framework serves as a guideline to reduce vulnerabilities to natural hazards, and build the resilience of nations and communities to disaster. Apart from taking part in the global consortium, countries are restructuring their national legal framework to comply with their international commitments and address climate change and disaster concerns of their citizens. Likewise, Ethiopia having come across frequent and substantial emergency relief operations over the past 25 years,2 has recently taken a huge step to avert the impact of climate change and disaster on the country. As a party to the Hyogo Framework, Ethiopia is recently making a progress to implement a comprehensive disaster risk reduction legal and institutional framework. Moreover, as a member of UNFCC, to meet its commitment and utilize the advantages of the UNFCC the government of Ethiopia is restructuring its development trend. Consistently, Ethiopia has chosen to follow a green economy strategy and is formulating policies, strategies and programs aimed at stabilizing green gas concentration in the atmosphere. Until now climate change adaptation and mitigation programs have been adapted at federal and state level. Furthermore the government is undertaking extensive strategic reform on vertical and sectoral level to bring about climate friendly development at all levels. This study is the main output from a policy gap analysis, conducted as part of the Pastoralist Areas Resilience Improvement through Market Expansion (PRIME) project holding on two 1 UN/ISDR & UN/OCHA, 2008.Disaster Preparedness for Effective Response Guidance and Indicators Package for Implementing Priority Five of the Hyogo Framework.United Nations Secretariat of the International Strategy for Disaster Reduction (UN/ISDR) and the United Nations Office for Coordination of Humanitarian Affairs (UN/OCHA), Geneva, Switzerland, pp 1. 2 Amber Meikle, 2010. Ethiopia: Country level Literature review. African Climate Change Resilience Alliance (ACCRA), Ethiopia, pp 10. 89 major objectives. It basically aims at acquainting PRIME consortium members about the content and implication of Ethiopian policy documents pertaining to climate change and disaster prevention and preparedness on PRIME activities. Additionally, it intends to identify existing policy gaps that need further research and reform. The study is based on document analysis, information gathered from interview conducted with government officials of relevant governmental offices, and literature review. The first section describes the form and implementers of existing policies, strategies and programs pertaining to climate change and disaster prevention and preparedness. The following section analyzes the content of these documents. The later section deals with implementation challenges and verifies policy gaps that need the attention of policy makers. 8.2.Overview and Institutional Framework of the Policies, Strategies and Programs. The National Policy on Disaster Prevention and Management (NPDPM) policy of 19933; Disaster Risk Management Policy (DRM policy) 4-2013, Climate-Resilience Green Economy (CRGE) Initiative-20115, Ethiopian Programme of Adaptation to Climate Change (EPACC) (being published)6, Afar, Oromia, and Somali Plan to Adapt to Climate Change7, the Environmental Policy of Ethiopia8, and Growth and Transformation Plan (GTP)9 are documents incorporated in the study. The Growth and Transformation Plan is a general policy document outlining the long term general vision and each economic sectors vision of the country, specifically stipulating the development plan of the country with regard to different sectors. the Other documents particularly deal with either issues pertaining to climate change or disaster prevention and preparedness. In terms of geographical coverage while those adapted by the 3 Transitional Government of Ethiopia: National Policy on Disaster Prevention and Management, (1993). Addis Ababa, Ethiopia 4 Tadesse Bekele (August,2013). Statement on the New Disaster Risk Management Policy, Retrieved from: www.dppc.gov.et/downloadable/reports/Early_warning/Tadesse Bekele speach.pdf 5 Federal Democratic Republic of Ethiopia, 2011. Ethiopia’s Climate-Resilient Green Economy: Green Economy Strategy. 6 Ministry of Forest and Environment (draft), Ethiopian Programme of Adaptation to Climate Change 7 See,Afar National Regional State Program of Plan on Adaption to Climate Change (2010). Semera ; Oromia National Regional State Program of Plan on Adaptation to Climate Change (2011, Addis Ababa; and Environmental Protection, Energy and Mines Resources Development Agency (2011). Somali Regional State Regional program of Plan to Adapt to Climate Change, Jigjiga, Ethiopia 8 Federal Democratic Republic of Ethiopia (April 2, 1997). Environmental Policy of Ethiopia. Addis Ababa: Environmental Protection Authority in Collaboration with the Ministry of Economic Development and Cooperation. 9 Ministry of Finance and Economic Development (2010). Federal Democratic Republic of Ethiopia: growth and Transformation Plan 2010/11-2014/15. Volume I, pp 199-121, Addis Ababa, Ethiopia. 90 regional government are implemented within the particular region, legislations adapted by the federal government are applied nationwide. With regard to institutional setup, effectiveness of both disaster risk management and climate change legislations principally require adaptation of a multi-sectoral approach. Thus, each document addressing these issues have partially tried to formulate an institutional setup that links and mainstreams disaster risk management and climate change into all sectors. At federal level the CRGE lead by the Prime Minister’s office is directly monitored and coordinated by the Environmental Council of the Ministry of Forest and Environment. Under the environmental council a ministerial steering committee chaired by a member of the Ethiopian Development and Research Institute exists. Following the Ministerial Steering Committee comes the Technical Committee which coordinates the sub-technical committees established at different sectoral offices; particularly, Ministry of Water and Energy, Ministry of Urban Development and Construction, Ministry of Agriculture, Ministry of Industry, Ministry of Transport, and Ministry of Health.10 At regional level, regional focal persons are assigned at the regional environmental bureaus and task forces are organized at selected regional governmental bureaus to undertake the implementation of the CRGE11. The EPACC has also comprehensively outlined its institutional setup at federal level, although a similarly complete framework is not stipulated regarding the regional institutional setup. At federal level the Ministry of Agriculture, Ethiopian Institute of Biodiversity Conservation for Crop Biodiversity; Wildlife conservation Authority, Ministry of Culture and Tourism; Ministry Forest and Environment, Ministry of Water, Irrigation, and Energy; Ministry of Urban Development and Construction; Ministry of Transport, Ministry of labor and Social Affairs, Ministry of Finance and Economic Development, Ministry of Education, Ministry of Women, Children and Youth Affairs, National Metrological Agency, Mapping Agency, and Ministry of Science and Technology are empowered to realize the obliteration of the 20 climate change related problems identified under the EPACC and implement the response measures formulated to tackle the identified problems. Each ministry is responsible towards the implementation of the specific response measures assigned to it under EPACC. The Ministry of Forest and 10 Supra note 5, Page 45-48 Interview with Miss Selam Kidane, legal officer at Ministry of Forest and Environment. See also Federal Democratic Republic of Ethiopia, 2011. Ethiopia’s Climate-Resilient Green Economy: Green Economy Strategy. Page 45-48 11 91 Environment is the focal monitoring and evaluating agency overseeing the implementation of theprogram and coordination among stakeholders. At regional level, regional agriculture bureaus, universities and administrators are expected to take part in the process.12 The regional plans to adapt to climate change designed by each region don’t specifically formulate the institutional setup required to realize their implementation. Nonetheless, on the basis of the strategies identified, a presumption can be taken about the principal governmental offices that would take part in the implementation of the strategies. Thus, for implementation of the Afar and Oromia regional programs of plan to adapt to climate change the participation of the Afar Regional Environmental Protection and Land Administration Agency, Afar Regional Irrigation Bureau; Afar Pastoral and Agriculture Development Bureau, Afar Regional Health Bureau, Oromia Land and Environmental Protection Bureau, Oromia Bureau of Agriculture and Rural Development, and Oromia Water, Minerals and Energy Bureau is inevitable on the basis of the strategies identified on each respective states climate change adaptation plan.13 Exceptionally, the Somali region has progressed to implement the program in late 2011 using a fund gained from the United Nations Development Program (UNEP). In the annual action plan designed to implement the program the following implementing institutions were identified: Somali Region Education Bureau, Somali Region Health Bureau, Somali Water Resources Bureau, Somali Agriculture and Rural Development Bureau, Somali Regional State Pastoral and Agro-Pastoral Research Institute, Somali Region Crop and Rural Development Bureau, Somali Region Food Security Bureau and Somali Region Environmental Protection, Energy and Mines Development Bureau.14 In a similar fashion attempt has been made by the Government of Ethiopia to legally establish institutional framework for the implementation of the policy relating to disaster prevention and preparedness. The currently operating national policy is the 1993 NPDPM policy. However, at the federal and regional level in 2007 the Business Process Re-engineering (BPR) has significantly restructured the institutional setup relating to disaster risk reduction though the re12 Supra note 6 See cumulative reading of Afar national regional state program of plan on Adaption to climate change (2010). Semera pp 57-61; and Oromia National regional state program of Plan on Adaptation to Climate Change (2011). Addis Ababa, pp 124-130. 14 See cumulative reading of Environmental Protection, Energy and Mines Resources Development Agency (2011). Somali Regional State Regional program of Plan to Adapt to Climate Change, pp. 110-114, Jigjiga, Ethiopia; and Somali Regional State Climate Change Adaptation Program Regional Program Coordination Center, (2011).Annual work plan for 2011. 13 92 engineering has not yet taken effect in some regions like Somali. Thus, we will see the existing structure and evaluate if it is consistent with BRP restructuring or the 1993 NPDPM. At the federal level, harmonious with the BPR restructuring the Disaster Risk management and Food security Sector (DRMFSS), coordinated by the Ministry of Agriculture (MoA) was established. DRMFSS is responsible for the overall coordination and leadership relating to disaster. Unlike the 1993 NPDPM framework but consistent with BPR reform, the MoA serves as the secretariat of the National Disaster Prevention and Preparedness Committee (NDPPC). MoA has a mandate to co-ordinate the day-to-day activities pertaining to disaster prevention and preparedness under DRMFSS. However, consistent with the 1993 NPDPM, NDPPC is at the apex of the structure for disaster prevention and preparedness.15 The overall decision making responsibility at national level for all matters relating to disaster rests on the NDPPC.16 Coming to the regional structure in the three regions, similar to the federal structure, at the apex of the structure the Regional Disaster Prevention and Preparedness Committee (RDPPC) exists; in harmony to 1993 NPDPM regional institutional setup.17 In addition along with the BPR restructuring, in Oromia and Afar regions the lower level disaster coordination offices are accountable to the Oromia bureau of agriculture and rural development and Afar pastoral agriculture and rural development bureau respectively.18 However, in Somali region, an autonomous Disaster Prevention and Preparedness Bureau exist, which is a member of the Somali regional cabinet empowered to device policies and strategies.19Moreover, inconsistent with the BPR reform in both Oromia and Somali region the food security and disaster prevention and preparedness offices are independently operating offices with no institutional setup to 15 Disaster Risk Management and Food security Sector, www.dppc.gov.et/Pages/about.html See cumulative reading of article 12 of transitional government of Ethiopia: National Policy on Disaster Prevention and Management, (1993). Addis Ababa, Ethiopia; and www.dppc.gov.et/Pages/about.html 17 article 12 (12.7) of transitional government of Ethiopia: National Policy on Disaster Prevention and Management, (1993). Addis Ababa, Ethiopia 18 See cumulative reading of article 27(2(f) Afar regional state executive organs power and duties establishment amendment proclamation No.55/2003; and proclamation No. 132/2007 , a proclamation on to amend the proclamations to provide for the reorganization of the power and duties of Oromia national state executive organs. 19 See cumulative reading of article 2(4), 4(4) &26 of Proclamation No. 64/2000, the proclamation to provide the organization, powers and duties of bureaus of cabinet council of the Somali regional state; and article 7 of Proclamation No. 27/1994 16 93 coordinate their complementary activities.20 Unlike the two regions however, in Afar similar to the federal DRMFSS office regional disaster prevention and coordination office is established. 21 The new 2013 DRM policy approved by council of ministries is said to establish a comprehensive and harmonious institutional setup based on a multi-sectoral approach. The new policy aims at mainstreaming disaster risk management in to all sectors.22 Nonetheless, much can’t be said about the new policy, since it has not yet been circulated to regional bureaus and made publicly available, even though it has been approved by the council of ministers. 23 Moreover, the DRM policy has not yet gained enforcement at regional level. 8.3.Description of the Policies 8.3.1. Federal and State Level Disaster Risk Management Policies A. Description of Federal and State Level DisasterRisk ManagementPolicies A comprehensive and effective DRM policy is designed to respond to the full disaster risk management cycle and assure Disaster Risk Reduction (DRR). Full Disaster Risk Management (DRM) cycle basically covers disaster prevention, mitigation, preparedness, response, recovery and rehabilitation. Nonetheless, while disaster prevention is dealt with as a single component of DRM, notwithstanding its linkage to the other cycles; disaster preparedness is considered to comprehend the other cycles, thus most legal documents, including the Hyogo Framework integrate issues pertain to mitigation, response, recovery and rehabilitation within the legal structure set for disaster preparedness.24 As our basis for assessment in evaluating the effectiveness and comprehensiveness of Ethiopia’s DRM policies will be primarily the Hyogo Framework, on the basis of the above structuring we will review Ethiopia’s DRM policy framework for disaster prevention, preparedness or both. 20 See cumulative reading of article 4(4) and article 32(2) of Proclamation No. 64/2000, the proclamation to provide the organization, powers and duties of bureaus of cabinet council of the Somali regional state; and proclamation No. 132/2007, a proclamation on to amend the proclamations to provide for the reorganization of the power and duties of Oromia national state executive organs. 21 article 27(2(f) Afar regional state executive organs power and duties establishment amendment proclamation No.55/2003 22 MulunehWoldemariam (August, 2013). Disaster Risk Management & Food Security Sector (DRMFSS), Ministry of Agriculture (MoA): policy and institutional framework for effective disaster risk management in Ethiopia, China. Retrieved from: www.undp.org/content/dam/undp/library/Environment and Energy/sustainable land management/AADAF3/3.3.Dendena.pdf 23 Supra note 4 24 Supra note 1, pp 1-37 94 The Hyogo Framework focused on full DRM cycle defines DRR as the conceptual framework of elements considered with the possibility to minimize vulnerabilities and disaster risk throughout a society, to avoid (prevention) or to limit (mitigation and preparedness) adverse impacts of hazards, within the broader context of sustainable development. 25 Therefore, the Framework provides for commonly applied guiding principles at both prevention and preparedness stage.Institutional and financial framework for the effective implementation of the general policy objective and specific structures are designed to ensure effective disaster preparedness. The following are the commonly applied DRR guiding principles set out under the Hyogo Framework: i. Community participation; guaranteeing community participation in the design and implementation of activities to ensure, integration of indigenous knowledge; efficient incorporation of communities’ priorities and needs; and recognition of context specific issues in the planned activities. ii. Integrate disaster risk reduction into development activities. iii. Adapt multi-hazards approach iv. Capacity development: - includes training and specialized technical assistance; and strengthening capacities of communities and individuals to recognize and reduce risks in their localities. v. Decentralized responsibilities and resources for disaster risk reduction to relevant subnational or local authorities as appropriate. vi. Integrating issues pertaining to vulnerable groups vii. Public-private partnership; viii. Customize disaster risk reduction to a particular setting ix. Adapt multi-sectoral and inter-sectoral approach x. Promote regional cooperation on risk reduction xi. Under take public awareness and education These are guiding principles that should be applied throughout the full DRM cycle.26 Unfortunately, although the 1993 NPDPP of Ethiopia has dedicated three of its provisions for 25 26 Ibid, pp 2 & 42 Ibid, pp 4-5 95 integration of relief assistant with development and disaster prevention efforts27 most of its focus lies on establishing the framework for emergency response. The policy was designed primarily to respond to emergency response; even though it affirms the need for disaster prevention, and linking relief activities with disaster prevention and development. Thus, the scope of the policy is extremely concerned with emergency relief, limiting the quality of the policy in effectively tackling disaster by deploying measures to address full DRM cycle.28 Coming to the principles provided under the NPDPP, although the policy has not comprehensively provided for the guiding DRM principles, the need for community participation, integration of disaster risk reduction into development activities, recognition of interest of vulnerable groups, adaptation of inter-sectoral approach and enhancement of public awareness have been lightly addressed in the policy. However, their complete extent of application and overall principal objectives has not been thoroughly provided.29 Whereas, principles relating to adaptation of multi-sectoral & multi hazard approach, promotion of regional cooperation, capacity development, public and private partnership, and customization of disaster risk reduction to a particular setting have not been recognized. The second basic important component of any DRM is establishment of strong institutional and financial framework that is driven by coordination, information exchange, and discussion. This section would recognize the implementation of the basic principles relating to decentralization, community participation, multi-sectoral and inter-sectoral approach and other principles by clearly defining the institutional “architecture” necessary for effective DRM. It also defines a coordination, and information exchange structure, articulating both horizontal and internal linkage.30 The basic components of this arrangement are the following; Frame the composition identifying which entities are responsible for disaster preparedness at each level. 27 See cumulative reading of article 2, 3, 5 (5.1), 12(12.9), and definitional part of Transitional Government of Ethiopia: National Policy on Disaster Prevention and Management, (1993). Addis Ababa, Ethiopia 28 See all articles, except article2,3,12 (12.9), of Transitional Government of Ethiopia: National Policy on Disaster Prevention and Management, (1993). Addis Ababa, Ethiopia 29 See cumulative reading of article 1, 2, 3, 7 and 9(9.3) of Transitional Government of Ethiopia: National Policy on Disaster Prevention and Management, (1993). Addis Ababa, Ethiopia 30 Supra note 1, pp 10 96 Clearly provided for roles and responsibilities of each organ; linking the various tasks and outcomes expected to individual organs. Process, agreement and interagency protocol: relates to establishing the necessary structure to guarantee the consistent coordination and communication between different entities with responsibilities for preparedness. Especially as roles and responsibilities are related to one another they need to operate in cohesive and coordinated manner. Clearly provide for funding sources in the overall national budget, regional and sectoral budget, and other sources for implementation of activities pertaining to the full DRM cycle. In addition setup the procedures for dissemination and organization of national, regional and sectoral funding sources; and procedural steps to be adhered to while requesting fund from external sources. Establish financial framework that guarantees the availability of adequate and dedicated resources for the implementation of disaster risk plans at all administrative levels.31 With regards to this the NPDPP of 1993 affirms the need for the establishment of center of coordination for cohesive and coordinated implementation. In addition it stipulate for the establishment of the National Disaster Prevention and Preparedness Fund (NDPPF). Moreover, it stipulates that regions should finance relief measures from local available resources.32 Nonetheless, the structuring provided under the 1993 NPDPP policy lacks comprehensiveness in light of what has been provided under the Hyogo framework because of the following reasons; It doesn’t clearly provide for the roles and responsibilities of participatory organs in DRM process. This basically shows that the policy doesn’t effectively recognize the need for decentralization of responsibilities and multi-sectoral and inter-sectoral approach, which is among the guiding principles for DRM. The financial framework only focus on finance needed for emergency response, disregarding the allocation of financial resources for implementing activities under other DRM cycle. It also doesn’t structure the establishment of needed resources for capacity development. 31 Supra note 1, pp 10, 36, & 37 See cumulative reading of article 1(1.3), 11(11.1), and 11(11.2) part of transitional government of Ethiopia: National Policy on disaster Prevention and Management, (1993). Addis Ababa, Ethiopia 32 97 Financial framework established doesn’t thoroughly deal with finance system available at regional and sectoral level for implementing activities pertaining to full DRM cycle. It fails to recognize the guiding principle pertaining to resource decentralization and capacity building. Last two components of effective DRM policy relates to specific structures designed to ensure effective disaster preparedness and structuring effective monitoring and evaluation system. Strengthened preparedness for hazardous events is mainly concerned with two objectives (1) increasing capacity to predict, monitor and be prepared to reduce damage and address potential threats (2) strengthening preparedness to respond in an emergency and to assist those who have been adversely affected. The NPDPP of 1993 has contributed to the establishment of EWS and the development of contingency plan at regional level that integrates recovery and prevention. It also led to the establishment of strategic emergency food reserve, non-food contingency stock and logistics capacities.33 However, the policy is not without a flaw in this regard tooas it doesn’t recognize and/or structure the scope and content of EWS, coordination and information exchange system requires budgetary capacity for conducting activities, and fails to deploy effective monitoring and evaluation system for all activities conducted throughout the full DRM cycle. In 2008 BPR process was initiated by the government of Ethiopia. The BPR had, though not significant and comprehensive effect in addressing the flaws of the 1993 NPDPP, tried to make a little bit of reform. The reform focused on restructuring the institutional framework on disaster and changed the mandate of prior institutions and elaborated the scope of DRM to include the full cycle of DRM. As we have looked in to the institutional framework in the prior section, hereunder we will focus on the change in scope. Under the new structure, DMFSS is undergoing a major shift in its approach from traditional reactive ex-post emergency response and relief work to pro-active ex-ante preparedness and disaster risk reduction. The new approach to DRM is highlighted in the new DRM Policy, which is a revision of the 1993 NPDPM. Thus, the full change in the legal framework of the NPDPP of 1993 is presumed to take effect up on the 33 See cumulative reading of article 12(12.5), 3 (3.3) and 5 part of transitional government of Ethiopia: National Policy on disaster Prevention and Management, (1993). Addis Ababa, Ethiopia 98 official adaptation of the new DRM policy which has been approved by the council of ministers but not officially published and distributed. Nonetheless, organs of the newly established DRM institutional framework are engaged in conducting active ex-ante preparedness and DRR activities. Generally, the currently available policy to deal with matters pertaining to disaster at state and regional level is the 1993 NPDPP a bit reformed with the 2008 BPR program. However the full legal reform of the NPDPP has not yet taken effect. B. Practical Challenges of the Existing Disaster Risk Management Legal and Institutional Framework of Ethiopia at Federal and State Level. In many disaster cases, much of the loss of life during a hazard event occurs in the first 24-48 hours.34 This shows that having an effective DRM policy can significantly minimize and in the long term prevent the impact of disaster, if supported by effective implementation at the ground level. Thus, an effective policy structure that establishes the framework for effective implementation can build disaster resilient nation and community. Unfortunately the existing NPDPP of Ethiopia together with its reform during the BPR system have lacked the capacity to effectively address the needs of communities prone to disaster. In this section, we will see how the drawbacks of the 1993 NDPP and BPR, both in terms of institutional and legal structure, have made DRM, at regional and federal level, weak. Although a new DRM Policy has been approved by the council of ministries in July, 2013 which is said to significantly reform the exiting DRM framework in compliance with the Hyogo Framework to realize the establishment of the a disaster resilient community and country,35 much will not be said about this policy in this section as the DRM policy has not been enforced. i. Effect of Centralization of Resources and Ineffective Financial Framework 34 Supra note 1, pp 33 Cumulative reading of, MulunehWoldemariam (August, 2013). Disaster Risk Management & Food Security Sector (DRMFSS), Ministry of Agriculture (MoA): Policy and Institutional Framework for Effective Disaster Risk Management in Ethiopia, China. Retrieved from: www.undp.org/content/dam/undp/library/Environment and Energy/sustainable land management/AADAF3/3.3.Dendena.pdf; and TadesseBekele (August,2013). Statement on the New Disaster Prevention Policy, Retrieved from: www.dppc.gov.et/downloadable/reports/Early_warning/Tadesse Bekele speach.pdf 35 99 The NPDPP policy has not effectively established a structure for decentralization of resources and funding for activities performed as part of each DRM cycle. This has significantly impacted the effectiveness of DRM conducted by Afar, Oromia (Borena) and Somali region. As the regional offices, particularly in Oromia and Afar region, don’t possess budget for conducting the above activities and their mandate is restricted to collecting data from woreda and kebele level for the national EWS and coordinating activities relating to DRM, they don’t have budget to conduct activities necessary for effective DRM. Due to this, the Oromia and Afar Regional offices have not been able to structure contingency plans, strengthen their data collection mechanisms for EWS, conduct disaster prevention, mitigation and recovery activities. The negative effect of non-decentralization of resources reaches its peak in case when disaster breaks out and immediate emergency responses are needed. The regional offices don’t possess their own contingency fund.Thus, when disaster breaks out, the regional offices resort to the regional government and federal government for financial support. However, the non-existence of well-structured and accessible contingency fund makes response inefficient and slow. At federal level, the federal government always undertakes assessment of the occurrence of disaster and extent of it before it releases fund, in spite of the report that has been made by regional office. At regional level, since regions don’t specifically assign budget for disaster related emergency situations, funding is made in case of emergency situations from the regional reserve budget. Usually, approvals of this kind of budget run through different procedures which make effective response difficult. With the sensitivity of the matter and urgent response needed in case of emergency, the procedural conditions set to gain fund make emergency responses ineffective. Moreover, the accumulation of fund at federal level has also made capacity development activities to be dependent on the initiative of the federal government. Consequently, regional offices can’t, by themselves, conduct awareness creation, professional capacity development trainings, and enhance their offices technical capacity. All these kind of capacity development activities are conducted by federal office which narrows the extent of implementation of capacity development activities. Especially, with the staff turnover that was made during BPR reform, the current number of staffs in regional offices are less and most of the employees are new to the 100 area.36 For instance, in Afar, out of the seven employees of the regional Disaster Prevention and Safety Net Program Coordination Office, only one employee is a DRM expert. Moreover, activities pertaining to safety net and disaster prevention are conducted under one department. This has undermined the quality and effectiveness of the work done, due to over load of responsibility assigned to the few expert employees of the office. 37The negative impact of the BPR reform would have been remedied had the offices had the financial capacity to enhance the professional capacity of their new employees. Furthermore, establishment of proper budget at regional level for capacity building would also have a significant impact in raising awareness of the community, zonal, and woreda disaster prevention and preparedness communities. In addition it would have empowered the woreda and kebele level disaster prevention and preparedness offices capacity to gather data pertinent to the national EWS. It would have also enhanced the different line governmental offices awareness about DRM. Basically DRM takes a multi-sectoral approach requiring common understanding among relevant sectors. For instance, in the Borena zone lack of awareness among partner sectoral departments has significantly restricted the implementation of activities relating to prevention, mitigation, recover and rehabilitation since the partner offices limit DRM to conducting emergency response measure only38. Generally, the non-decentralization of resources and incomprehensive capacity development structure has retained lack of awareness, inexperience, and lack of technical facilities problems that exist at regional, zonal &woreda level disaster prevention and preparedness offices. ii. Effect of Lack of Cooperation and Effective Early Warning System The Hyogo Framework stipulates the need for effective early warning system that monitors archives and disseminates data on key hazards and vulnerabilities. The EWS should integrate 36 Interview with Mrs. Iyesha Mohammed Mussa, Head of Afar Disaster Prevention and Safety Net Program Coordinating Office , Date 27/2/2014; and Mr. GayoGuyo, Borena Zonal Disaster Prevention and management Bureau head, date 21/2/2014; and Abdifatah Mohammed, Somali Regional Disaster Prevention and Preparedness Bureau, Disaster risk reduction case coordinator, date 3/3/2014 37 Interview with Mrs. Iyesha Mohammed Mussa, Head of Afar Disaster Prevention and Safety Net Program Coordinating Office , Date 27/2/2014 38 Mr. GayoGuyo, Borena Zonal Disaster Prevention and Management Bureau head, date 21/2/2014 101 indigenous knowledge, be updated, and technologically supported; it should be able to provide quality and timely information39. Moreover, DRM is an activity that requires effective information exchange and coordination among different governmental sectors, community and non-governmental organization. Thus any policy needs to facilitate the establishment of effective EWS, information exchange and coordination among different stakeholder. 40 Unfortunately, data collected in Borena zone, Afar and Somali Regional States DPP offices don’t integrate traditional disaster forecasting indicators. Moreover, the Afar and Borena DPP offices have complained that their data collection tools were outdated and inefficient in providing reliable information.41 With regards to cooperation among different offices, all regional offices have confirmed that there lacks coordination among stakeholders. Lack of coordination and cooperation among development partners and among government branches, and the lack of a coherent, comprehensive approach to DRM, are the main challenges to the implementation of the new DRM mandate.42 8.4.Implication of the Policy to PRIME The major objective of IR 1.4 is to enhance quick response to disaster by establishing a Crisis Modifier Fund (CMF) and improving accessibility and use of available early warning information by target population and relevant institutions.43As per the 1993 NPDPP, as a general principle, relief measures can be conducted after the declaration of disaster by the NDPPC. However, if the state of disaster warrants immediate intervention, relief measures may commence with available local resources before formal declaration is made by NDPPC although this is subject to appropriate government policies.44 This procedural condition requires that emergency response activities supported by CMF are principally required to await for national 39 UN/ISDR, 2008. Indicators of Progress: Guidance on Measuring the Reduction of Disaster Risks and the Implementation of the Hyogo Framework for Action. United Nations secretariat of the International Strategy for Disaster reduction (UN/ISDR), Geneva, Switzerland, pp 13 40 Supra note 1, pp 13-27 41 Interview with Mrs. Iyesha Mohammed Mussa, Head of Afar Disaster Prevention and Safety Net Program Coordinating Office, Date 27/2/2014; and Mr. GayoGuyo, Borena Zonal Disaster Prevention and management Bureau head, date 21/2/2014 42 Supra note 38 43 Mercy corps, (2012). Pastoralist Areas Resiliency Improvement through Market Expansion, pp 23-24 44 See Article 4 of Transitional Government of Ethiopia: National Policy on Disaster Prevention and Management, (1993). Addis Ababa, Ethiopia. 102 disaster declaration by the NDPPC for commencement or would have to be compatible with other government policies and their immediate implementation be necessary if the nature of the disaster warrants immediate intervention. If commencement of emergency response activities supported by CMF are to be dependable on disaster declaration by NDPPC, making immediate response measures will not be feasible.As informed by regional offices and stipulated under the NPDPP, declaration of disaster follows lengthy procedural steps and is usually made lately. Since response measures warrant quick response waiting for national disaster declaration, which is not made as quickly as the hazards situations warrants it would undermine the effectiveness of emergency response intervention measures funded by the CMF. Therefore, the best option would be to follow the second procedural step.This, however, requires the need for the existence of declaration that warrants immediate intervention. It also requires the existence of common understanding among the RDPPC, NDPPC and stakeholders who want to intervene (PRIME) about the nature of disaster. In this regard, it would be more compatible if agreement could be reached among the three organs on the early warning criteria, to be linked to woreda specific data and designed by PRIME to trigger the need for immediate intervention. Moreover, the procedural steps set to gain CMF needs to be minimized in terms of the time they take since as the effectiveness of emergency response is significantly dependent on the immediacy of the response taken. Especially, if the early warning criteria’s (indicators) trigger immediate response on the occurrence of which request for CMF is made, taking more than a week to approve the CMF and commence the intervention activity would immensely undermine the effectiveness of the response. Furthermore, crisis modifier activities which are going to be based on contingency plans should be compatible with already designed government level contingency plans. This would avoid duplication of efforts, existence of conflicting interventions activities and ensure effective response to disaster. More importantly it will result in a coordinated and efficient response measure. In addition, for guaranteeing the sustainable effect of the crisis modifier intervention activities; intervention measures should be linked with building future capabilities as set out in the NPDPP45. Moreover, PRIME’s intervention to enhance the capacity of the EWS would 45 See article 2 part of transitional government of Ethiopia: National Policy on disaster Prevention and Management, (1993). Addis Ababa, Ethiopia. 103 significantly contribute to the development of the existing disintegrated EWS.46 Especially, as it lacks to integrate indigenous knowledge, and is not supported with updates and technologically advanced data collection mechanisms, PRIME’s intervention would have significant impact in this regard. 8.5.Climate Change Related Policies, Strategies and Programs 8.5.1. Description of Climate Change Related Policies, Strategies and Programs Until know Ethiopia doesn’t have a climate change policy document. However, different strategies and programs are implemented by the government addressing issues relating to climate change adaptation and integration of climate change related concerns in the development strategy of Ethiopia. A. Ethiopia’s Climate-Resilience Green Economy (CRGE) Strategy CRGE strategy is the pillar strategic document. It is designed to foster the economic development and growth of the country as provided under the Growth and Transformation Plan GTP. GTP is Ethiopia’s strategic plan for 2010-2015 and put forward the country’s long term vision in general and in the economic sectors in particular. The GTP emphasizes for carbon neutral and climate change resilient economy and the enforcement of existing environmental laws as priority actions in relation to environmental protection. Generally GTP promotes the formulation and effective implementation of policies, laws, strategies, and standards which will foster social and green economy development so as to enhance the welfare of citizens and environmental sustainability.47 In line with the environment and climate change initiative of GTP, CRGE strategy was adapted to facilitate the achievement of Ethiopia’s ambitious development plan in a climate friendly manner. CRGE tries to build up a sustainable development by avoiding the currently operating conventional path to economic development which could have resulted in unsustainable 46 47 Supra note 45, pp 26 Supra note 9 104 development increased Greenhouse Gases (GHG) emission rate, and required extended financial resource. The CRGE initiative is a climate change focused national plan headed by the office of the Prime Minister, targeting joint efforts of mitigation and adaptation, setting a target of keeping emissions at their 2010 level by 2030 and endeavor to build climate resilient society.48 The CRGE strategy was developed after a throughout assessment was made regarding the GHG emission and abatement potential of different sectors and availability of financial sources to support a green economy development pathway. Accordingly, more than 85% of GHG emissions in Ethiopia come from forestry and agriculture. In agriculture, GHG emissions are attributable to livestock and crops in that order. The current cattle population is more than 50 million and other livestock nearly 100 million. In forestry, the impact of human activities is a large source of CO 2 emissions amounting to almost 55 Mt CO2 in 2010 due to deforestation and forest degradation. The results of the Business as Usual (BAU) estimate show that the current pathway for economic development will increase GHG emissions from 150 Mt CO2 in 2010 to 400 Mt in 2030 an increase of more than 150%. Current development platform would lead to further challenges. Besides increasing GHG contributions to global emissions, rapid economic growth will lead to other challenges if not carefully managed and planned. To realize the current development aim of Ethiopia as stipulated in the GTP; finance mobilization is identified as one of the major constraints. However, implementing a green economy strategy can facilitate mobilization of public finance – such as climate finance –which can significantly contribute to close the funding gap for implementation of the GTP development plan. Thus to avoid the impact of the current development trend on the environment, to realize a climate resilient development that minimizes or avoid future emission and to benefit from the existing financial initiatives available to climate resilient development initiatives, the government of Ethiopia has adopted the CRGE in 2012.49 Aimed at promoting green growth, sustainability and minimizing vulnerability, CRGE stipulates major plan of action for identified sectors of the economy. The CRGE initiative follows a sectoral approach and has so far identified and prioritized more than 60 initiatives which could 48 49 Supra note 5, VII-3, pp 16-19 Ibid, pp 13-18 and 38-44 105 help the country achieve its development goals while limiting 2030 GHG emissions.50As part of the strategy, out of the 60 initiatives identified under the four pillars the government has selected four initiatives for fast-track implementation: exploiting the vast hydropower potential; largescale promotion of advanced rural cooking technologies; efficiency improvements to the livestock value chain; and Reducing Emissions from Deforestation and Forest Degradation (REDD). 51 THE FOUR PILLARS CRGE initiative follows a sectoral approach and aims at overcoming the challenges of developing a green economy. This strategy focuses on four pillars that will support Ethiopia’s developing green economy. These are: adoption of agricultural and land use efficiency measures; increase GHG sequestration in forestry: deployment of renewable and clean power; and use of appropriate advanced technologies in industry, transport and buildings. The other supplementary policy document that intends to guide the development of Ethiopia to be climate friendly is the EPE. The overall policy goal is to improve and enhance the health and quality of life of all Ethiopians and to promote sustainable social and economic development through sound management and use of natural, human-made and cultural resources and the environment as a whole so as to meet the needs of the present generation without compromising the ability of future generations to meet their own needs. To realize its goal, the policy stipulates principles that should be adhered to guarantee the consistent of any development activity with the environmental concerns of the state. Apart from general policy principles which require environmental friendly exploitation of resources and conservation of natural resources specific policy objectives are stipulated for specific sectors. Moreover, by adapting different policy guidelines and principles it has guided the decision making process of different economic sectors to be environmental friendly. The document plays a significant role in structuring the environmental friendly exploitation of resources and integrating the issue of environmental 50 51 Ibid, pp 2 Ibid, pp 49-50 106 protection into different development activities conducted by different sectors and other stakeholders.52 B. National and Regional programs of plan to adapt to climate change Oromia, Somali and Afar regional states have adapted their own program of plan to adapt to climate change. Oromia’s and Somali’s program was adapted in 2011, while Afar Regional State’s program was finalized in 2010. The programs pursue similar goal, which is, to make the resources of their respective region adapt to the ever increasing pressure of the environment due to the climate change. The documents are structured in a similar fashion addressing the following basic matters. a. Impact of climate change on each region’s economy b. Vulnerability analysis and identification of vulnerable sectors c. Adaptive capacity of each regions environment to change d. Response measures needed to enhance regional capacity to adapt to climate change. e. Portfolio of good practices and technologies required for the implementation of the identified response measures. f. Impact assessment of response measures in order to address possible mal-adaptation. g. Suggested strategies for adaptation to climate change. The Somali’s regional plan to adapt to climate change program uniquely provided for short-term and long-term strategies for adaptation to climate change. While Afar and Oromia’s regional climate change adaptation program set general strategies for implementation to adaptation to climate change.53 Having dealt with the regional plans to adapt to climate change, hereunder we will look at the national EPACC. Ethiopia’s EPACC is a programme of action to build a climate resilient 52 Supra note 8, pp 2-29 Supra note 7. The short-term and long-term strategies are elaborated in Environmental Protection, Energy and Mines Resources Development Agency (2011).Somali Regional State Regional program of Plan to Adapt to Climate Change. Pp. 110-114. See also Afar national regional state program of plan on Adaption to climate change (2010).pp 56-61, Semera, Ethiopia and Oromia National Regional State Program of Plan on Adaptation to Climate Change (2011). pp. 124-130 Addis Ababa, Ethiopia for further reference on Afar and Oromia Regional States’ strategies for adaptation to climate change, respectively. 53 107 economy through formulation and implementation of climate change adaptation programs at sectoral, regional and local community levels. EPACC is formulated on the basis of the regional program of plans on adaptation to climate change to realize the vision of CRGE strategy to assure climate resiliency and carbon neutral economic growth. EPACC has identified 20 climate change risks and possible response measures for each. In addition, it also provides for 7 supportive actions for the whole 20 response measures. Out of the 20 climate change risk and response measure identified, the following are the once related with PRIME activities: a. Animal health problems and the need for strengthening veterinary services:- Identified action plans are making veterinary services mobile so that they are accessible when needed; and development of an early warning system covering emerging animal disease epidemics is a necessary feature in keeping animals healthy all the time. b. Land degradation and the need to prevent it: Identified action plans for pastoralist communities relates to promoting occasional irrigation of the areas near the crop fields to produce perennial pastures. Then crop residues and the intermittently irrigated pastures can support a portion of the pastoralists’ livestock. This will reduce the herds that roam across the landscape to find grazing ground. Eventually all the livestock can become sedentary and the landscape be closed off to grazing with grass being cut and brought to the animals as forage. Another action plan is concerned with removing the invasive alien Prosopis juliflora, to intensify to maintain grasslands productive. c. Growing fluctuation in water availability and the need for ensuring water supply for human and animal survival: This section recognizes that water adaptive strategy depends on local specificities. It also recognized that the whole of the land of Ethiopia should have such strategically spaced out points of water supply for human, domestic animals and wildlife. d. Increase in extreme weather events that damage infrastructure and the need for ensuring standards to resist such damage:-With the objective of ensuring Ethiopia’s infrastructures withstand the expected weather event extremes,it establishes the need for a standard that 108 all infrastructural developments should fulfill. The minimum standard shall be set at the federal level. e. Fluctuation in, and actions needed to stabilize, food and feed availability:The aim is to enhance preparedness capacity for quick recurring drought by storing both human and animal feed stock for use in years of drought. The identified directions include enhancing technological and work force capacity and keeping stock at least at local community level by both stakeholder farmers and transhumant pastoralists at the regional and federal government level. f. The growing need for transportation networks and their construction. g. Developing insurance schemes against disaster related climate change:The aim is to establish a system were disaster that may be caused by climate change can be compensated through insurance schemes. Directions identified include creating awareness among private sector so that it realizes the business opportunities and engage in the schemes; and creating awareness among the rural public that about the benefit of insurance schemes. h. The need for, and the initiative to, create local community organizations: The aim is to assure all local communities are self-organized and always ready for action to save off damage by disaster. The local community is empowered to develop its own rules and elect its own leadership to coordinate the activities that each member must undertake. In case of pastoralists, the local community unit of interacting members in a transhumant pastoralist society is the clan. Therefore, meetings of all clan members involving both men and women should decide their agreed activities including penalties that those who break agreed responsibilities should bear. Each clan should thus develop its own rules, preferably written as a bylaw, and elect its leadership to enforce the bylaw. If the clan already has a traditional leadership, that leadership to enforce the new bylaw or, if the members so wish, a new leadership can be elected for enforcing the bylaw. The woreda district administration should play an intermediary role to bring the elected clan leaders together and mediate their negotiation to resolve the issues causing the disharmony. i. Increase of the risks to disaster and actions needed to reduce them:- identified direction proposes the careful selection of settlement areas. 109 j. Stop burning wood, dried dung and kerosene and use renewable energy:-Promotes and facilitates the use of solar and bio-fuel hydropower. k. Use renewable energy for the transportation system l. Ensuring gender equality and child care:-The aim is to improve the status of women and the welfare of children by integrating their concerns in the development and implementation of Ethiopia’s climate change mitigation and adaptation programs and activities. 8.5.2. Practicability and Progress on Implementation To start with the progress of CRGE initiative, at federal level much has been done to create awareness about the strategy at regional and sectoral level. In addition capacity building activities were also undertaken and all necessary facilities have been established.The Ministry of Finance and Economic Development (MoFED) has recently collected 29 million birr fund from donors to implement the CRGE initiative. The fund is to be exploited within the current budget year. For this purpose, a new guideline has been adopted and a stakeholders meeting was conducted on the guideline. Furthermore, draft guideline to operationalize the sectoral reduction mechanism has also been prepared by the Ministry of Forest and Environment. At sectoral level, the Ministry of Agriculture has already organized an action plan (draft) to implement the CRGE. The action plan is designed to make the activities undertaken by the Ministry be compatible with the CRGE and its aim to reduce emission from the agriculture and livestock sector. The Ministry of Water, Energy and Irrigation is also preparing an action plan for implementing the initiatives set out under the CRGE for which the ministry would be responsible.54 At regional level, the Somali Region has responded to the call for proposal announcement made by the ministry of forest and environment to implement the CRGE. 17 project proposals have been submitted to the Ministry of Forest and Environment by the Somali Regional State.While 9 of the proposals were prepared by the regional Environmental Protection, Energy and Mines Resources Development Bureau, the remaining 8 proposals were prepared by 8 different sectoral 54 Interview with Miss SelamKidane, Ministry of Forest and Environment, legal officer. Date of interview 17/2/2014 110 bureaus of the region. Moreover, the regional Environmental Protection, Energy and Mines Resources Development Bureau had prepared a two day training to familiarize different sectoral bureaus about the CRGE initiative.55 In the Afar region progress is also being made by the Regional Environmental Protection and Land Administration Agency to submit proposal for the implementation of the CRGE initiative at regional level.56 Exceptionally, the Borena zone land Administration and Environmental Protection Bureau is not well informed about the call for proposal. Thus, no progress is being made this office to prepare regional proposal for implementing the CRGE. In addition as observed during the interview conducted with the Borena zone environmental protection core process owner, the office has not been well informed and aware about the CRGE initiative.57 Coming to the implementation progress of the regional programs to adapt to climate change; the only region that progressed to satisfactorily implement its climate change adaptation strategies was the Somali region. Although, the Somali region progressed to implement the short term goals outlined in the program, with a fund gained from the UNDP, no progress was made to implement the long-term strategies stated in the program. Annual action plan was prepared by the Somali regional state climate change adaptation program regional program coordination centre, to implement the program and the regional environmental protection bureau assumed the mandate to implement most of the strategies. However, the office until now has been working on capacity building and no significant progress has been made to implement the suggested climate change adaptation strategies.58 Whereas, the implementation of the Afar regional plan for adaptation to climate change strategies have been hindered due to financial setbacks. However, recently the office is trying to realize the implementation of its climate change adaptation strategies by integrating the strategies in the proposals sent to the federal Ministry of Environment and Forest as part of the action plan to implement the CRGE initiative. If their proposals get approval and fund from the federal 55 Interview with Mr. Tahir Abdullahi Osman, Somali regional Environmental Protection, Energy and Mines Resource Development Bureau, Environmental protection case team coordinator. Date of interview 3/3/2014 56 Interview with Mr. Abdulkadir Mohammed, Afar regional Environmental Protection and Land Administration Agency, Environmental protection core process leader. Date of interview 27/2/2014 57 Interview with Mr. WogeneTadesse, Borena Zone Land Administration and Environmental Protection Bureau, Environmental protection core process owner. Date of interview 21/2/2014 58 Supra note 55 111 government, the office intends to complementarily implement both the CRGE and its climate change adaptation program through its projects that integrate both issues. Nonetheless, still the implementation of the regions climate change adaptation program is at stake if their proposals get disapproved as there won’t be any available fund to realize its implementation. Moreover, the limited amount of budget provided by the regional office to the agency is insufficient to implement the climate change adaptation program. In spite of the existing implementation setbacks, the agency is conducting woreda level climate change adaptation program study at 4 selected woredas of the region.59 Regarding the progress of the Oromia climate change adaptation program at Borena zone, a pilot project was lunched at Teletle woreda. The project included 3 sub-projects which were multipurpose tree expansion, strengthening indigenous knowledge on climate change and expanding solar energy. The implementation of this project was funded by the federal government. However, as described by the zonal environmental protection process owner, the implementation of the projects was not sustainable as clearing of the invasive species was made by members of the community on salary basis. As a result, when the project phased out, the activity also stopped. Moreover, as strengthening of community knowledge was extensively linked with sustaining the availability of pasture land, when the action to abolish species that limited the availability of pasture land ceased, it was not possible to sustain and strength the indigenous knowledge. In addition, for the third sub-project a baseline survey was conducted to assess the need for solar energy among members of the woreda which did not continue any further. Although there was visible progress to implement the program in particularly one woreda, the action was not well-organized, integrated and sustainable.60 In addition as communicated by the process owner both the federal office and the zonal office didn’t undertake the proper monitoring or inspection the program needed to ascertain its sustainability once the project phased out. Finally, coming to the EPACC, as the document has not yet been officially publicized and implementation of the programme has yet not been effected, much can’t be said about the progress of the programme.61 59 Supra note 64 Supra note 65 61 Supra note 2 60 112 8.5.3. Implication of the Strategy and Programs for PRIME IR2 of PRIME has the primary objective of integrating climate change adaptation into the activity design throughout all of the IRs. The above would be significant input for the different activities planned to be implemented as part of IR2. While undertaking the compilation of currently available scientific climate information and identifying existing gaps, the regional program of plans to adapt to climate change can be used as valuable resources.62 More importantly, the above strategies and programmes could be used as an input to guide the formulation of specific entry points for climate change adaptation in each IR, particularly in IR and IR3. The currently identified specific entry point for climate change adaptation program in IR1 and IR3 are focused on response and resilience measures. However, as we have seen under the CRGE strategy and EPACC the government of Ethiopia has significantly focused on preventing and abolishing the root causes of climate change related hazards by following a green economy.63 Therefore, structuring entry points for climate change that are also focused on prevention of climate change problems would not only be compatible with the strategy of Ethiopia; but also enhance the effectiveness of climate change adaptation programs. Moreover, the complementary nature of action plans designed by both the government and partner organizations would guarantee the sustainability of programs implemented by non-governmental organization despite the closure of projects. In spite of some differences, some of the entry points for climate change adaptation in IR1, particularly Saving and Credit Cooperatives (SACOOS) and Village Saving and Lending Associations (VSLAS) as risk management strategies64, can be complemented by the implementation of the EPACC thirteen (13) response measures that aim to develop insurance schemes against disaster related climate change. 8.6.Conclusion and Recommendation Ethiopia’s institutional framework for DRM has undergone numerous changes in mandate, structure and scope over the past years. Recently, the BPR has newly structured the DRM 62 Supra note 45, pp24-31 Supra note 5, pp 1-3 64 Supra note 45, pp26 63 113 framework of the country, changing the previously followed traditional reactive ex-post emergency response and relief work to pro-active ex-ante preparedness and disaster risk reduction. Institutionally, the mandate to oversee DRM related activities, including early warning and food security issues, have been given to the newly established DMFSS office according to the BPR transformation. Although the structural and institutional DRM changes have taken place at the federal level according to the BPR reform in Afar, Somali, and Oromia regions the restructuring has not effectively taken place. Each region operates on the basis of different institutional framework assuming different mandate and powers ranging from coordinating to law making. This institutional gap, together with the non-existence of structure linking federal and regional DRM institutions with relevant sectoral bureaus and institutions, have made the DRR activities fragmented and uncoordinated. Lack of integration in all sectors of government and civil society, lack of coordination and cooperation among development partners and among government branches and the lack of a coherent & comprehensive approach to DRM are the main challenges to the implementation of the new BPR DRM framework. Furthermore, the failure to integrate various traditional informal institutions and indigenous knowledge is a significant factor that undermined the effectiveness of the current DRM response. BPR has also had a major negative impact on capacity and resources of governmental institutions engaged in DRM.It has resulted in reduction of expert staffs of DRM offices. As a result, many of the current staffs in DRM offices including the federal DMFSS are new and/or lack significant practical experience in disaster risk management.After BPR many of the new woreda (district) level staffs do not have significant expertise in DRR. Moreover, woreda and zonal level offices don’t possess adequate expertise, and the essential capacity to undertake effective DRM activities. The lack of capacity and coherent strategy has added to the lack of coordination among the different line ministers and agencies working on DRR and Climate Change. These institutional and technical capacity gaps need to be effectively addressed and linkage between DRM institutions, line ministers, civil societies and NGOs should be strengthened for effective DRM. 114 Coming to the early warning system currently, the EWS is decentralized to woreda level, particularly with regards to slow-onset risks such as drought and food insecurity. However, lack of communication among different organs of government and lack of scientific and technologically supportive mechanisms to review and update the early warning data collection has made the DRM ineffective. Therefore, communication among the kebele (community), woreda, and federal levels is at the core of the early warning system and must be strengthened for effective functioning of the system. Moreover, to enhance the data collection system at the local level and strengthen multi-hazard EWS, capacity building activities need to be strengthened. Currently, there is a widespread recognition among government and development partners of the need to develop a more unified, transparent, coordinated and objective early warning system that has a system of check and balance. Along with capacity building for the EWS, there is a clear need to strengthen the entire contingency planning process, including the development of contingency plans at all levels, formulation of objective and transparent “trigger” for the plans and integration of the plans into the EWS. These would significantly resolve the existing problem with the delayed response to disaster and boost the prevention aspect of DRM. In addition, the fragmented and uncoordinated strategies towards DRM could easily be integrated and coordinated. Moreover, tackling the existing financial and technical incapacity of offices and staffs is a major issue that needs adequate attention. Especially, having observed the negative impact of centralization of resources at the federal level, measures should be taken by the government and partners to enhance the availability of resources for timely response to disaster. In addition, availability of resources should be guaranteed to undertake all DRM activities. Therefore, there is a need to assess the best mechanisms for logistics and funding. The government should establish the necessary financial framework to effectively undertake all DRM activities. Of course, the participation and cooperation of all stakeholders is vital in this process. Furthermore, tackling the lack of expertise could be undertaken by developing and promoting programs that boost the availability of expertise on DRM. As such partners and government should endeavor to strengthen and expand undergraduate DRM and sustainable development program like the one existing at Bahir Dar University. Moreover, continued support by all 115 stakeholders for applied research and studies on DRM related issues conducted by other Ethiopian research institutes is important to further the DRM agenda in the country and to build capacity of local institutions. Happily, the 2013 DRM policy of Ethiopia, as reported by different organs, is said to have effectively address the above issues. However, since the document is not yet publicly available and not yet implemented, much can’t be said about the comprehensiveness of this policy document. Thus, further study should be conducted to assess the impact of the policy on the existing fragmented, uncoordinated and ineffective DRM, the opportunities it provides & its comprehensiveness in closing the existing gaps. With regard to climate change policies and laws of the country, Ethiopia is making a progress to effectively address the problem by integrating the issue in its development endeavor as witnessed from the CRGE strategy. In addition different governmental organs are required to integrate the issue in their decision making and are expected to extensively participate in building up a green economy as can be inferred from EPACC. The Implementation of CRGE is progressing at both regional and federal level. Although, the zonal and regional bureaus are not well acquainted with the overall objective of the CRGE, extensive awareness creation activities are being undertaken by the federal government. Nonetheless, especially at zonal level, little awareness about CRGE exists among the Borena zonal land administration and environmental protection bureau. At regional level the Afar, Oromia and Somali regional has adopted their own regional plan to adapt to climate change documents. However, due to lack of finance, capacity and/or commitment, the implementations of the strategies identified in the documents have been undermined. Lack of strong coordination mechanisms both at the federal and regional level has significantly contributed to non-execution of the plans. Currently the CRGE and EPACC are considered as pillar documents relating to climate change. The government has shown strong commitment to implement these documents. A strong linkage and coordination structure is created among different federal line ministers to ensure implementation. Likewise, though not as strong as the one existing at federal level, progress is made to link and effectively coordinate efforts made at federal level and regional level including linking line bureaus and offices ate regional level. However, further effort need to be undertaken 116 to effectively link the federal, regional, zonal, woreda and district level offices. The participation of the community should enhance and linkage and communication should be made with the community. In addition, to effectively determine areas that need intervention, comprehensive assessment of the capacity, financial, and technical ability of participating organs should be conducted. This would significantly contribute to the effective implementation of the CRGE and EPACC at all level. 8.7.References Afar national regional state program of plan on Adaption to climate change (2010). Semera, Ethiopia. Afar regional state executive organs power and duties establishment amendment proclamation No.55/2003 Amber Meikle, 2010. Ethiopia: Country level Literature review. African Climate Change Resilience Alliance (ACCRA), Ethiopia, pp 10. Disaster Risk Management and Food security Sector, www.dppc.gov.et/Pages/about.html Environmental Protection, Energy and Mines Resources Development Agency (2011).Somali Regional State Regional program of Plan to Adapt to Climate Change. Jigjiga, Ethiopia Federal Democratic Republic of Ethiopia, 2011. Ethiopia’s Climate-Resilient Green Economy: Green Economy Strategy. Federal Democratic Republic of Ethiopia (April 2, 1997). Environmental Policy of Ethiopia. Addis Ababa: Environmental Protection Authority in Collaboration with the Ministry of Economic Development and Cooperation. Mercy corps, (2012). Pastoralist Areas Resiliency Improvement through Market Expansion. Ministry of Finance and Economic Development (2010). Federal Democratic Republic of Ethiopia: growth and Transformation Plan 2010/11-2014/15. Volume I, Addis Ababa, Ethiopia. Ministry of Forest and Environment (draft), Ethiopian Programme of Adaptation to Climate Change. Muluneh Woldemariam (August, 2013). Disaster Risk Management & Food Security Sector (DRMFSS), Ministry of Agriculture (MoA): policy and institutional framework for 117 effective disaster risk management in Ethiopia, China. Retrieved from: www.undp.org/content/dam/undp/library/Environment and Energy/sustainable land management/AADAF3/3.3.Dendena.pdf Oromia National regional state program of Plan on Adaptation to Climate Change (2011). Addis Ababa, Ethiopia. Proclamation No. 132/2007, a proclamation on to amend the proclamations to provide for the reorganization of the power and duties of Oromia national state executive organs. Proclamation No. 64/2000, the proclamation to provide the organization, powers and duties of bureaus of cabinet council of the Somali regional state Somali Regional State Climate Change Adaptation Program Regional Program Coordination Center, (2011).Annual work plan for 2011. Tadesse Bekele (August,2013). Statement on the new disaster prevention policy, Retrieved from: www.dppc.gov.et/downloadable/reports/Early_warning/Tadesse Bekele speach.pdf Transitional government of Ethiopia: National Policy on disaster Prevention and Management, (1993). Addis Ababa, Ethiopia. UN/ISDR & UN/OCHA, 2008.Disaster Preparedness for Effective Response Guidance and Indicators Package for Implementing Priority Five of the Hyogo Framework. United Nations Secretariat of the International Strategy for Disaster Reduction (UN/ISDR) and the United Nations Office for Coordination of Humanitarian Affairs (UN/OCHA), Geneva, Switzerland. UN/ISDR, 2008. Indicators of Progress: Guidance on Measuring the Reduction of Disaster Risks and the Implementation of the Hyogo Framework for Action. United Nations secretariat of the International Strategy for Disaster reduction (UN/ISDR), Geneva, Switzerland. Interview with key informant Mr. Tahir Abdullahi Osman, Somali regional Environmental Protection, Energy and Mines Resource Development Bureau, Environmental protection case team coordinator. Date of interview 3/3/2014 Interview with key informant Mr. Abdulkadir Mohammed, Afar regional Environmental Protection and Land Administration Agency, Environmental protection core process leader. Date of interview 27/2/2014 118 Interview with key informant Mr. Wogene Tadesse, Borena Zone Land Administration and Environmental Protection Bureau, Environmental protection core process owner. Date of interview 21/2/2014 Interview with key informant Miss Selam Kidane, Ministry of forest and Environment, legal officer. Date of interview 17/2/2014 Interview with key informant Mrs. Iyesha Mohammed Mussa, Head of Afar Disaster Prevention and Safety Net Program Coordinating Office , Date 27/2/2014 Interview with key informant Mr. Gayo Guyo, Borena Zonal Disaster Prevention and management Bureau head, date 21/2/2014 Interview with key informant Mr. Abdifatah Mohammed, Somali Regional Disaster Prevention and Preparedness Bureau, Disaster risk reduction case coordinator, date 3/3/2014 119 ANNEX: LIST OF CONTACTED PERSONS FOR KEY INFORMANT INTERVIEW No . 1 Name of Position/Responsibility/Expertise Interviewee Goshu Shifera Interview Date Cooperatives Development Core Process Owner- Afar Contact Address email phone Feb.25, 2014 Regional State 2 Isaw Seid Need-based training process owner- Afar TVET Bureau Feb. 25, 2014 091199953 0 3 Dawit Ayalew Need assessment and post-training research senior Feb. 25, 2014 092000731 expert-Afar TVET Bureau 4 Tahir Hassen Industry Extension and Technology Transfer Core 9 Feb. 25, 2014 092291693 Process Owner- Afar TVET Bureau 5 Mohammed Ahmed MSEs development and support core process owner- 1 Feb. 25, 2014 093110178 Afar MSEs Development Agency- Afar Regional State 6 Kalid Ibrahim Planning and Budget support process owner- Afar 4 Feb. 25, 2014 091278936 Regional State MSEs Development Agency 7 Dr. Melese Bedane Agricultural Input Supply and product market core Begna process owner- Afar Regional State Livestock and 9 Feb. 25, 2014 091106922 4 Agricultural Bureau 8 Mohamed General Manager- Somali Microfinance Institution Mar. 4, 2014 Abirahman Geleh32 091576850 @gmail. 5 com 9 Abdikader Omer Capacity Building Process Owner- Somali Regional Mar. 3, 2014 091574929 120 State MSEs Development Agency 10 Ahmednur Mahad Head of Livestock Marketing at Somali Regional State 8 Mar.3, 2014 091574913 Agricultural Bureau 11 Abdulahi Ahmed Promotion and Establishment of Cooperatives process 4 Mar.4, 2014 owner at Somali Regional State Cooperatives Agency Abdulahi ahmed1 4@gmail .com 12 Lemessa Tolu Legal Affairs Head, Oromia Livestock Development & Feb.13, 2014 Health Agency 011369019 5/0910632 369 13 14 W/ro Meseret Assefa Vice Executive Officer, Oromia Cooperatives Godana Development Agency Umeta Negeri Abay Head of Civil Service Reform Program, Oromia MSEs Feb.12, 2014 Feb.14, 2014 Development Agency 091136238 4 15 Lemi Tadesse Public Relations Expert, Oromia TVET Commission Feb.19, 2014 16 Bunti Haji TVET Bureau, Borana Feb. 21, 2014 091666268 1 17 Yohannes Jenberu Cooperatives development Bureau- Borana Zone Feb. 21, 2014 092337547 0 18 Wegene Nagao Borana Zone, Micro and Small Enterprises Development Feb. 21, 2014 Bureau 19 Solomon Tekle Borana Zone Pastoral Development Bureau 093264182 3 Feb. 21, 2014 091170786 4 20 Melake Assefa Meat and Milk Resources Development Senior Expert, Feb.18, 2014 121 Ministry of Agriculture 21 Hailemariam Zara Livestock Expert, Ministry of Agriculture Feb. 18, 2014 Zara.hail 091170851 e@yaho 6 o.com 22 Ashenafi Haile Legal expert, Ministry of Agriculture Feb. 17, 2014 ashenafi 091117386 h68@gm 4 ail.com 23 Zewdu Feleke Expert of water resource Management in the Ministry of Feb 17,2014 Water, Energy and Irrigation 24 Ahimed Hussen Expert of water supply in Afar Regional State Water 5 Feb25,2014 and Energy Bureau 25 Yodit Admase Expert of Water resource management in Somali Silesh Maru Expert of water supply in the Borena Zone Water and March3,2014 Amin Abdul Socio Economist In the Basin Development and Feb21,2014 Ahimed Siraj 092512931 9 Feb25,2014 Villagization Program Coordination office. 28 092014322 5 energy Office 27 0924 499759 National Regional State Water and Energy Bureau 26 091103745 091353014 7 Director of the land Administration Directorate of the 18February,20 Ministry of the Agriculture and Rural Development 14 091223153 0 29 30 Wegene Tadese Asefa Tesfaye Expert of land use and Administration in Borena Zone 21February, 091367885 Rural Land and Environmental Protection Office 2014 7 Expert of Land Administration in the Afar National 25February, 091185203 122 Regional state Land and Environmental protection 2014 0 4 March, 2014 091511526 Bureau. 31 Muktar Abdi Land use and administration expert in the Ethiopian Somali national Regional State Livestock and Pastoral 3 Development Bureau. 32 33 34 35 36 Kibebe Work Mohammed Ali Mohammed Musa Humesa Nega Melaku Hailu Expert of forest in Ministry of Environmental Protection 19February, 091105791 and Forest 2014 7 Expert of forest at Boren zone Pastoral and Livestock 21February, 093257752 development Office. 2014 3 Expert of Natural resource management in the Afar 25February, 092704134 National Regional State Pastoral Development Bureau. 2014 55 Expert of Forest in Oromia Pastoral Commission 13February,20 091193558 14 9 Senior Expert on Energy support and Monitoring at Feb 17,2014 --- Ministry of Water, Energy, and Irrigation 37 Tagay Girma Expert on biofuel at Ministry of Water, Energy and 01 Feb 17, 2014 --- Irrigation 38 39 Tesfaye Expert on biogas at Ministry of Water and Energy, Alemayehu Irrigation Silashi Maru Core Process Owner of Community Participation at Zekarias Taddesse 09113601 56 Feb 18, 2014 --- 09113605 32 Feb 21, 2014 --- Borena Water, Mineral and Energy Office 40 09116743 09136335 53 Senior Expert at Somali Environmental Protection, March 3, Mines and Energy. 2014 --- 09159479 02 123 41 Michael Bekele Afar Mine and Energy Development Office. Feb 27, 2014 --- 033 666 00 41/42/43 Or 66 02 85 42 43 44 45 46 47 Mr. Tahir Abdullahi Somali regional State Environmental protection case team coordinator. 3/3/2014 Mr. Abdulkadir Mohammed Afar Regional State Environmental Protection core process owner 27/2/2014 Mr. Wogene Tadesse Borena Zone Environmental protection core process owner 21/2/2014 Miss Selam Kidane Ministry of Forest and Environment, legal officer 17/2/2014 Koronto 36@yah oo.com 09151074 30 abdumo haa@g mail.co m 09130840 83 - Mrs. Iyesha Mohammed Mussa Head of Afar Disaster Prevention and Safety Net Program Coordinating Office 27/2/2014 Mr. Gayo Guyo Borena Zonal Disaster Prevention and management Bureau head 21/2/2014 selam.k. abebe@ gmail.c om 09136788 57 09111108 05 aishafar 11@yah oo.com 09117176 76 gay.g41 6@gmai 09113943 78 124 l.com 48 49 50 Mr. Abdifatah Mohammed Mr. Kefeni Negussie Mr. Ayele Kenea 3/3/2014 Somali Regional State Disaster risk reduction case coordinator Federal disaster prevention and management agency; Early warning and response monitoring case team coordinator 18/2/2014 Oromia disaster prevention and preparedness commission; Case team coordinator. 18/2/2014 abdifma @gmail. com 09157485 93 negussie kefeni@ yahoo.c om 09111558 00 - 09113530 69 125