A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF A FEDERAL

ENVIRONENTAL TIBUNAL PROCLAMATION NO. ------/2020

RECOGNISING the need to support the right to a clean and healthy environment and the need to provide
the opportunity to guarantee the full and effective enjoyment of this right while also taking measures
promoting sustainability of environment ;

PROVIDING FOR the just, expeditious, proportionate and accessible resolution of environmental disputes
to promote socio-economic development and environmental sustainabilityrights;

WHEREAS, it has become necessary to enhance the enforcement of environmental laws by establishing an
environmental tribunal to address increasing pollution, environmental degradation and loss of biodiversity in
Ethiopia;

WHEREAS, it has become necessary to establish a specialized tribunal with judges trained in
environmental law and experts who can provide professional, unbiased support for the increasingly complex
scientific and technical nature of environmental matters, which tribunal will ensure the effective and
expeditious disposal of matters relating to environmental protection, conservation of forests and natural
resources and the promotion of sustainable development;

NOWTHERFOR, in accordance with article 55(1) of the Constitution of Federal Democratic Republic of
Ethiopia, it is hereby proclaimed as follows:

Part 1
General Provisions

1. Short Title

This Proclamation may be cited as “the Federal Environmental Tribunal Establishment Proclamation No.
…/2020”

2. Definitions

In this proclamation, unless the context otherwise requires:

1) ‘’Chief Justice’’ is the chief judge and President of the Supreme Court of Ethiopia and the highest-ranking officer of
the judiciary at the federal level;

2) “Commission” means the Environment, Forest and Climate Change Commission of the Federal
Democratic Republic of Ethiopia;
3) “Environment” means the totality of all materials whether in their natural state or modified or changed
by humans, their external spaces and the interactions which affect their quality or quantity and the
 welfare of human or other living beings, including but not restricted to, land, atmosphere, weather and
climate, water, living things, sound, odour, taste, social factors, and aesthetics;
4) “Environmental Protection Order” means an order issued by the Tribunal directing or requiring any
person or government agency to perform or desist from performing an act in order to protect, preserve or
rehabilitate the environment.”
5) “Expert member” means a member of the Tribunal who, is appointed as such, and holds relevant
qualifications as set out in section 11, and is not a judicial member;
6) “Judicial member” means a member of the Tribunal, who is appointed as such, and holds relevant
qualifications as set out in section 10, and includes the President, and is not an expert member;
7) “Land” means the surface of the earth and the subsurface rock; and/or any body of water on or under the
surface; and/or natural resources completely contained on or under the surface; and/ or the air space
above the surface;
8) “Land Use” for the purpose of this Proclamation means the human use or modification of land or the
natural resources on such land, or human activities with the potential to adversely impact land, natural
resources, the environment, and/or social and cultural practices;
9) ‘‘Natural resources’’ are those resources that exist with or without any actions of humankind;
10) “Person” means any natural or juridicialjuridical person/ or legal entity and shall include public entities;
11) “President’’ is the Tribunal member appointed to lead the Tribunal and is responsible for ensuring
jurisprudential and practical consistency both in the decision-making and the establishment and
interpretation of Tribunal practice and procedure.
12) “Region” means any of those parts of Ethiopia specified as such under Article 47(1) of the Constitution
of the Federal Democratic Republic of Ethiopia and, for the purpose of this Proclamation, includes the
Addis Ababa and Dire Dawa Administrations;
13) “Substantial question relating to the environment” shall include, but not be limited to, instances where:
a. there is a violation of a statutory environmental obligation by a person which –
i. the community at large, other than an individual or group of individuals is affected or is likely to
be affected by the environmental consequences; or
ii. the gravity of damage to the environment or human health or property is substantial; or
iii. the damage to environment may have transboundary impacts;
b. the environmental consequences relate to a specific activity or point source pollution.
c. There is a continuing environmental harm that cannot be remedied.
14) “Tribunal” means the Federal Environmental Tribunal established by this proclamation;
15) Anything mentioned in the masculine shall include the feminine gender.

3. Scope of application

This Proclamation shall be applicable to:

1) All administrative and civil law matters at the federal level that engage issues related to the environment,
natural resources conservation, including forests and land use, and sustainable development.
2) All matters arising from those federal Proclamations for which the Commission, and subsidiary
institutions, is the mandated or designated authority;
3) All matters arising from those international environmental agreements and domestic Proclamations for
which the Commission, and subsidiary institutions, is the mandated or designated authority.
4) Any other matters that engage issues concerning the environment, natural resources, land, or
environmental, social or cultural sustainability that fall under the jurisdiction of the federal government..

4. Objectives
 1) The principal objective of this Proclamation is to enable the Tribunal to facilitate the just, expeditious,
proportionate and accessible resolution of disputes governed by this Proclamation in accordance with the
spirit and purpose of the Constitution of the Federal Democratic Republic of Ethiopia and the Guiding
Principles set out in section 22 of this proclamation.
2) The Tribunal shall, in the discharge of its functions under this Proclamation, give effect to the principal
objective set out in sub-section 4(1).
3) The parties and their duly authorised representatives, as the case maybe, shall assist the Tribunal to
further the objective and participate in the proceedings of the Tribunal.

Part 2
Establishment and Constitution of the Environmental Tribunal

5. Establishment of the Environmental Tribunal

The Federal Environmental Tribunal is hereby established as an autonomous Ffederal institutionInstitution.

6. Seat of the TribunalTribunal Seat

1) The Tribunal shall have its ordinary seat in Addis Ababa.

2) The Attorney GeneralTribunal President , in consultation with the FDRE President and relevant
authorities, may establish Regional Tribunal Branches as appropriate.
3) Regional Tribunal Branches shall be constituted from the appointed Judicial and Expert Tribunal
members and shall follow the Rule of Practice and Procedures established under this Proclamation and
accepted international standards.
4) The Tribunal may, as appropriate, go onhave circuit.

Institutional arrangement of the Tribunal

7. Composition of the Tribunal

1) The Tribunal shall consist of:

a. The President;
b. The Deputy President;
c. A minimum of five and a maximum of twenty full-time judicial members, inclusive of the President
and Deputy President, as the Attorney General, in consultation with the President may determine;
d. A minimum of five and a maximum of eighteen full-time expert members, as the Attorney General, in
consultation with the President may determine.
2) The President of the Tribunal may, if it is considered necessary, invite any one or more person having
specialised knowledge or experience in a particular matter before the Tribunal to assist the Tribunal in
that matter.
3) A Registrar of the Tribunal and such other officers and support staff as may be necessary for the proper
functioning of the Tribunal and administration of this Proclamation may be employed under the same
conditions as officials of the Federal Court system.

8. Membership of the Tribunal

 1) The President and Deputy-President shall be appointed by President of the FDRE the Attorney-General,
in consultation with the Chief Justice of Ethiopia and the other members of the Tribunal, and in
accordance with this Proclamation and other applicable laws.
2) Judicial and expert members of the Tribunal shall be appointed President of the FDREby the Attorney-
General, in consultation with the President and Deputy President of the Tribunal, and in accordance with
this Proclamation and other applicable laws.
3) A Tribunal member shall hold office for a period of seven consecutive years unless a member:
a. Retires from office, following consultation with the President of the Tribunal;
b. Attained the age of seventy;
c. Resigns from office, following written notice and consultation and agreement with the President of
the Tribunal;
d. Is removed from office in accordance with the Rules and Procedures of the Tribunal.
4) Without prejudice to subsection 8(2), and subject to subsection 8(3), members of the Tribunal may be
reappointed at the discretion of the President and in consultation with the Attorney-General for an
additional three or five year period.
5) Ad hoc Tribunal members invited by the President of the Tribunal shall may be appointed in accordance
with the Rule and Procedures developed under this Proclamation and shall serve until such time as the
President, in consultation with the relevant presiding Tribunal members, determine his/her expertise are
no longer necessary.

9. Powers and Duties of the Tribunal President

1) The President of the Tribunal shall have the following powers and duties:
a. assign the Deputy President of the Tribunal;
b. if considered necessary, invite one or more person with specialized knowledge and experience in a
particular matter;
c. if considered necessary, and in accordance with the Rules and Procedures of the Tribunal, determine
Tribunal circuit locations, panel composition and schedule, taking into account:
i. matter complexity;
ii. subject matter;
iii. judicial and expert member expertise;
iv. dispute location;
v. access to justice.
d. employ and administer employees of the Tribunal;
e. prepare and submit the annual work plan and budget of the tribunal to the Attorney Generalpresident
of the FDRE;
f. effect expenditure in accordance with the approved work plan and budget of the tribunal;
g. represent the tribunal in all its dealings with third parties;
h. submit annual and periodic report of the tribunal to the Attorney GeneralFDFR President.
i. any additional other necessary actions in accordance with the Rules and Procedures of the Tribunal.
2) The President many delegate such of his administrative and financial powers, as he or she may think fit,
to any Judicial or Expert member or officer of the Tribunal on condition that such member or officer,
while exercising such delegated power, continues to act under the direction, control and supervision of
the President..

Tribunal Member Appointment and Removal

10. Appointment of Judicial Members

1) A person shall be qualified for appointment as a Judicial Member of the Tribunal if that person:
 a. holds an LLB or LLM degree in Law;
b. has more than no less than five years’ experience as an Ethiopian judge, legal academic or legal
practitioner;
c. is under the age of seventyour standard?;
d. has no criminal convictions;
e. has no conflict of interest.

11. Appointment of Expert Members

1) A person shall be qualified for appointment as an Expert Member of the Tribunal if that person:
a. holds a Master of Science degree or PhD (in physical sciences, Law, social sciences, life sciences, or
a related area) with a Doctorate degree or a Master of engineering, technology, environmental
management degree or an equivalent; andor
b. has ten years of relevant experience in the relevant field (including but not limited to pollution
control, hazardous substance management, environmental impacts, climate change management,
biological diversity management, forest conservation; andor
c. has five years of practical experience in the field of environmental protection, natural resources
management or conservation.

12. Conditions of Appointment

1) Full-time Judicial and Expert Members of the Tribunal shall not hold any other office during their
tenure.
2) Full-time Judicial and Expert members of the Tribunal shall not accept any other paid
renumerationremuneration during their tenure.
3) No member of the Tribunal, whether full-time appointed or ad hoc, should sit on matters that may create
a perceived or real conflict of interest. All Tribunal members must ensure they inform the President of
any potential conflicts of interest in matters before the Tribunal.
4) Judicial and expert members of the Tribunal shall not, for a period of two years from the date on which
they cease to hold office, accept any employment in, or connected with the management or
administration of, any matter connected or person who has been a party to a matter, before the Tribunal.
5) The salaries and allowances payable to, and other terms and conditions of service, (including pension,
gratuity and other retirement benefits), of the President, Deputy-President, judicial members and expert
members of the Tribunal shall be determined in accordance with the Rules and Procedures of the
Tribunal and in accordance with other applicable laws.
6) Neither the salary or nor allowances of the President, Deputy-President, Judicial Members and Expert
Members shall be varied to their disadvantage after their appointment.

13. Removal and Suspension of Judicial and Expert Members

1) The Attorney GeneralFDRE President , in consultation with the President of the Tribunal, shall remove
judicial and expert members of the Tribunal on the following grounds:
a. criminal conviction; or
b. physical or mental incapacity; or
c. abuse of power prejudicial to the public interest; or
d. any other grounds stipulated in the Rules and Procedures of the Tribunal.
2) The Attorney General may suspend judicial and expert members of the Tribunal, including the Deputy-
President, for a maximum of three months, pending an investigation or enquiry into any ground for
removal.
3) The Attorney General may suspend the President of the Tribunal, after consultation with the Chief
Justice, for a maximum of three months, pending an investigation or enquiry into any ground for
removal.

14. Resignation of Tribunal Members

1) Judicial and expert members of the Tribunal may resign from their office by submitting a written notice
to the President and Attorney General no less than two months before the date of their intended
resignation.
2) Any resignation of a Member of the Tribunal must take place following consultation with the President
of the Tribunal and in accordance with the Rules and Procedures of the Tribunal.

15. Registrar

1) There shall be a Registrar of the Tribunal appointed by the Attorney General, in consultation with the
President of the Tribunal, and in accordance with the Rules and Procedures of the Tribunal and other
applicable laws.
2) The Registrar shall perform the duties assigned to the Registrar under this Rules and Procedures of the
Tribunal and such other duties as the President of the Tribunal may direct, and in particular be
responsible for:
a. the establishment and maintenance of the registry of the Tribunal;
b. the acceptance, transmission, service and custody of documents in accordance with the Rules and
Procedures of the Tribunal;
c. facilitating the enforcement of decisions of the Tribunal;
d. keeping of records of the proceedings and minutes of the Tribunal and such other records as the
Tribunal President may direct;
e. managing and supervising the officers and support staff of the Tribunal;
f. the day to day administration of the Tribunal;
g. facilitating access to the decisions and records of the Tribunal;
h. undertaking any further duties assigned by the Tribunal President or Rule and Procedures of the
Tribunal.
3) The Registrar shall be accountable to the President of the Tribunal.
4) The qualifications for appointment as the Registrar of the Tribunal shall be determined in the relevant
Rules and Procedures of the Tribunal.

16. Officers and Support Staff

1) The President, in consultation with the Attorney General, shall determine the nature and categories of the
officers and other support staff required to assist the Tribunal in the discharge of its functions.
2) The recruitment of the officers and other support staff of the Tribunal shall be made by the President of
the Tribunal in accordance with the Rules and Procedures of the Tribunal and other applicable laws.
3) The officers and other support staff of the Tribunal shall discharge their functions under the general
supervision of the Registrar.
4) The salaries and allowances and conditions of service of Tribunal officers and other support staff shall
be prescribed in accordance with the Rules and Procedures of the Tribunal and other relevant
Proclamations.

Part 3
Jurisdiction of the Environmental Tribunal

17. Jurisdiction of the Tribunal

1) The Tribunal shall have first instance and /original and review jurisdiction to hear and determine all civil
and administrative matters in accordance with Articles 43 and 44 of the Constitution and with the
provisions of this Proclamation or any other law applicable in Ethiopia relating to environment, natural
resource management, sustainable development and climate change.
2) In exercise of its jurisdiction, the Tribunal shall have power to hear and determine civil and
administrative matters relating to:-
a. environmental planning and protection;
b. climate issues;
c. land use planning;
d. mining and minerals;
e. forest conservation and management;
f. pollution;
g. wildlife conservation;
h. any other natural resources;
i. decisions of the Commission; and
j. any other dispute relating to environment, sustainable development and climate change.
3) Nothing in this Proclamation shall preclude the Tribunal from hearing and determining applications for
redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to a
clean and healthy environment.

18. Timeframe for bringing application before the Tribunal

1) Who can bring original cases to the tribunal????? Public Interest litigation?
2) Any person may commence proceedings in relation to an appeal, objection or reference to the Tribunal
at any time within 180 days after the right of appeal, objection or reference first arises, unless otherwise
provided in another Law or Proclamation.
3) The Tribunal may, by order, extend or shorten any time stipulated by this Proclamation if it is satisfied it
is in the interests of justice to do so.
4) The Tribunal may extend the time limits under this section, either before or after the expiry of the
stipulated time, and may do so before or after the expiry of the time limits. This is applicable even when
an application for extension is made after the time limit expiry.
5) When a substantial questions relating to the environment arises, the Tribunal President shall determine
the relevant time periods in accordance with the Rules and Procedures of the Tribunal, interests of
justice, and guiding principles stipulated in section 22.

19. Appellate Jurisdiction of the Tribunal

1) Any person who is dissatisfied with the decision of the Tribunal can appeal to the Tribunal within 60
(sixty) days from the date of the decision.
2) The Tribunal may, by order, extend or shorten the time limit under this section if it is satisfied it is in the
interests of justice to do so, good cause has been shown, and is in accordance with the Rules and
Procedures of the Tribunal.
3) A separate Tribunal panel shall hear and determined the appeal in accordance with the Rules and
Procedures of the Tribunal.

20. Appeal from the decision of the Tribunal

1) Any person aggrieved by the decision of the Tribunal may file an appeal to the High Court, within sixty
(60) days from the date of the decision or order of the Tribunal.
2) The Supreme Court may entertain any appeal after the expiry of ninety days, if it is satisfied that the
appellant was prevented by good cause from submitting the appeal.

21. Execution of Orders or Decisions of the Tribunal

1) An order or decision of the Tribunal under this Proclamation shall be executable by the Tribunal.
2) Notwithstanding subsection (1), the Tribunal may transmit any order or decision made by it to a civil
court having local jurisdiction and such civil court shall execute the order or decision as if it were a
decree made by that court and in accordance with Rules and Procedures of the Tribunal.

Part 4
Procedures of the Environmental Tribunal

22. Guiding Principles

1) The Tribunal shall exercise its jurisdiction and authority guided by the following principles:-
a. The right to a clean and healthy environment;
b. The principles of sustainable development, including:
i. The principle of public participation in the development of policies, plans and processes for the
management, conservation and protection of the environment and natural resources;
ii. The cultural and social principles traditionally applied by any community in Ethiopia for the
management of the environment or natural resources in so far as these are relevant and not
inconsistent with any written law.
c. The principle of international co-operation in the management of environmental resources shared by
two or more states;
d. The principles of intergenerational and intragenerational equity;
e. The polluter-pays principle;
f. The precautionary principle;
g. The principle of prevention of environmental harm;
h. The principle of ecological integrity;
i. The principle of promoting access to environmental justice;
j. The principle of access to information and transparency.

23. Procedure of the Tribunal

1) In any proceedings to which this Proclamation applies, the Tribunal shall act expeditiously, and in the
interest of justice and environmental protection without undue regard to technicalities of procedure.
2) The Tribunal shall not be bound by the procedures laid down by any other Tribunal procedure or civil
procedure law.
3) The Tribunal shall, in accordance with section 34, publish the relevant rules and Procedures that will
govern the day to day functioning of the Tribunal.
5) The Tribunal may, by order, dispense with any requirements of the rules if satisfied that it is appropriate
to do so in the circumstances of the case and in the interests of environmental justice.
6) All proceedings before the Tribunal shall, unless otherwise directed, be heard in open and shall be open
to the public.
7) All decisions of the Tribunal must be in writing, clearly set out the reasons for the decision and be made
public in accordance with the Tribunal Rules and Procedures.
8) The Tribunal may make provision to holding hearings, including case management hearings, by
electronic means using video-conferencing or other means.
9) If it is in the interest of justice to do so, the Tribunal may make orders to hear matters in other areas, or
go on circuit, or hold on-site inspections and hearings.
10) The Tribunal may conduct case-management and pre-trial hearings in accordance with the Rules and
Procedures of the Tribunal to meet the objective of the Tribunal.
11) When hearing matters other than those concerning substantial questions relating to the environment, the
Tribunal may sit in panels constituted in accordance with the Rules of Procedure.
12) The President of the Tribunal is empowered to determine the composition of each panel according to the
Rules and Procedures of the Tribunal but must ensure at least one appropriate environmental expert is
appointed to Tribunal panels constituted of three or more members.
13) When hearing matters that engage substantial questions relating to the environment, the Tribunal shall be
composed of at least eleven (11) members, appointed in accordance with the Tribunal Rules and
Procedures.

24. Orders

1) In exercise of its jurisdiction under this Proclamation, the Tribunal shall have power to make any order
and grant any relief as the Tribunal deems fit and just, including: -
a. interim or permanent environment protection orders;
b. interdicts (requiring any person or legal entity to cease and desist from committing or causing any
violation or breach of any environmental law);
c. prerogative orders;
d. award of damages;
e. award for compensation;
f. specific performance;
g. restitution;
h. declaration;
i. costs; or
j. any other order that are in the interests of environmental justice.
2) The Tribunal may make an interim order, (including granting an interdict or stay) after providing the
parties concerned an opportunity to be heard, on:-
a. any application made; or
b. or appeal filed
under this Proclamation, and when there is a serious chance of significant environmental harm or
continuing environmental harm that cannot be remedied.
3) Notwithstanding subsection 2, nothing shall prevent the Tribunal from providing ex tempore orders,
including an Interim Environmental Protection Order, to protect the environment in cases where the
interests of justice require it.
4) The Tribunal shall publish, in writing and electronically, copies of its decisions, the reasons for the
decisions and orders relating to the decisions which shall be publicly available.

25. Proceedings Brought in the Public Interest

1) The Tribunal may decide not to make an order requiring an applicant in any proceedings to give security
for the respondent’s costs provided it is satisfied that the proceedings have been brought in the public
interest.
2) In any proceedings on an application for an interim environmental protection order, interlocutory
injunction or interlocutory order, the Tribunal may decide not to require the applicant to provide any
undertaking as to damages in relation to:-
a. the injunction or order sought by the applicant; or
b. an undertaking offered by the respondent in response to the application,
provided the Tribunal is satisfied that the proceedings have been brought in the public interest.

26. Powers of the Tribunal

1) When determining a matter before the Tribunal, the Tribunal shall have the power to:-
a. summon and enforce the attendance of any person and examining that person on oath;
b. require the discovery and production of documents;
c. receive evidence on affidavit or otherwise;
d. requisition any public record or document or copy of such record or document from any office;
e. issue commissions for the examination of witnesses or documents.
2) To protect access to environmental justice the Tribunal shall have the power to disallow the following
pleadings or motions:-
a. Motions to dismiss the proceedings;
b. Motions to delay or complicate the proceedings.
3) The Tribunal shall have the power to stay or dismiss proceedings brought to harass, exert undue
influence or stifle the valid commencement of proceedings taken to enforce environmental law or
remedy a breach of environmental law or the enforcement of any claim to an environmental right.

27. Representation before the Tribunal

1) A party to the proceedings may act in person or be represented by a duly authorised representative.
2) Any person or legal entity may bring proceedings before the Tribunal.
3) A legal entity or Ccivil Ssociety organisation may appoint a representative to act on its behalf.
4) Does it require to have special knowledge to bring the case as a lawyer?

28. Counsel Assisting the Tribunal

1) The Tribunal may appoint and direct its own counsel to advise the Tribunal if the complexity or size of
the proceeding require.

29. Language of the Tribunal

1) In all appropriate cases, the Tribunal shall facilitate the use by parties of local languages, sign language,
braille and other communication formats and technologies accessible to persons with disabilities.

30. Alternative Dispute Resolution

1) Nothing in this Proclamation may be construed as precluding the Tribunal from adopting and
implementing, on its own motion, with the agreement of or at the request of the parties, any other
appropriate means of alternative dispute resolution including conciliation, mediation and traditional
dispute resolution mechanisms.
2) Where alternative dispute resolution mechanism is a condition precedent to any proceedings before the
Tribunal, the Tribunal shall stay proceedings until such condition is fulfilled.
3) The Tribunal may make further Rules and Procedures for mediation, conciliation and neutral evaluation
in accordance with section 23(3).
31. Neutral Evaluation

1) If it considers the circumstances appropriate and in the interests of environmental justice, the Tribunal
may, by order, refer any matter for neutral evaluation, and may do so either with or without the consent
of the parties to the proceedings.
2) Neutral evaluation means a process of evaluation of a dispute in which the evaluator seeks to identify
and reduce the issues of fact and law in dispute, including by assessing the relative strengths and
weaknesses of each party’s case and offering an opinion as to the likely outcome of the proceedings
(including any likely findings of liability or the award of damages).
3) The neutral evaluation is to be undertaken by an evaluator agreed to by the parties or, if the parties
cannot agree, by an evaluator appointed by the Tribunal
4) It is the duty of each party to proceedings that are the subject of a referral to neutral evaluation to
participate, in good faith, in the neutral evaluation.

32. Expert Witnesses

1) The Tribunal shall provide Rules and Procedures for receiving evidence from Expert Witnesses, as well
as, a Code of Conduct for Expert Witnesses presenting evidence before the Tribunal.
2) Expert Witnesses shall comply with the Expert Witness Code of Conduct in preparing and presenting
evidence before the Tribunal.
3) In proceedings before the Tribunal an expert witness shall have a paramount and overriding duty to
assist the Tribunal impartiality on matters relevant to the area of expertise of the witness. An expert
witness is not to be an advocate for a party and the obligation to the Tribunal overrides any duty to the
party retaining the service of the expert witness.

33. Ad Hoc Tribunal Members

1) In accordance with section 7(2) the Tribunal President may appoint from time to time one or more
persons having technical or special knowledge of any matter to inquire into and report to the Tribunal
and to assist the Tribunal in any capacity in respect of any proceedings before it.
2) Such ad hoc Member shall be subject to the Tribunal Rules and Procedures, as well as, the Code of
Conduct for Expert Witnesses.

Part 5
Final Provisions

34. Rules and Procedures of the Tribunal

1) The President of the Tribunal, in consultation with the Tribunal, shall make rules to regulate the practice
and procedure of the Tribunal.
2) The rules and procedures of the Tribunal shall be published within six months of the Tribunal
establishment.
3) The President of the Tribunal, in consultation with the Tribunal, may make any amendments or
additions to the published Tribunal rules and procedures when deemed necessary for the efficient
administration of environmental justice. Such amendments or additions shall become effective upon
publication.
4) The President of the Tribunal, in consultation with the Tribunal, shall make rules for the determination
of admissibility by the Tribunal of proceedings pending before any regional Tribunal or local tribunal.
5) The Tribunal may make rules for proceedings to be conducted and appearances be made through
electronic means of communication, including tele-conferencing, video-conferences or other modes of
electronic communication
6) The Tribunal shall make rules to promote the electronic filing of proceedings and the use of technology
to support the access of parties to the Tribunal

35. Access to Justice

1) In order to facilitate the right of access to justice under Article 37 of the Constitution, the Tribunal may
waive all fees for public interest cases and for plaintiff that may be unable to afford Tribunal fees.
2) The Tribunal may request pro bono assistance from any legal practitioner or expert witness for a party if
it is in the interests of environmental justice.
3) The Tribunal has the power to allow the amendments of documents and pleadings if it is in the interests
of environmental justice.

36. Offences

1) Any person who refuses, fails or neglects to obey an order or direction of the Tribunal given under this
Proclamation, commits an offence, and shall, on conviction, be liable to a fine.

37. Effective Date

1) This Proclamation shall enter into force on the date of Publication in the Federal Negarit Gazeta.
2) The Council of Ministers may issue regulations for the implementation of this Proclamation.
3) The Tribunal shall become operational upon the appointment of seven full-time members, including the
President, and upon publication of the Tribunal rules and procedures.

Done at Addis Ababa, this……day of ………..

SAHLEWORK ZEWDE
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA