Ethiopia
The laws of Ethiopia do not establish a right to sanitation or water. Ethiopia voted to abstain from U.N. General Assembly Resolution 64/292 (2010) recognizing a right to safe and clean drinking water and sanitation as a human right. Ethiopia voted in favor of U.N. General Assembly Resolution 72/178 (2017) reaffirming the human rights to safe drinking water and sanitation. Ato Asfaw Dingamo, the Minister of Water Resources for Ethiopia, signed the eThekwini Declaration in 2008. In the 2019 GLAAS Report, Ethiopia reports that its Constitution does establish both a human right to sanitation and a human right to drinking water.
Equity and non-discrimination
The Ethiopian Constitution states generally that human rights and freedom “emanating from the nature of mankind are inviolable and inalienable.” The Constitution prohibits discrimination on the basis of race, nation, nationality, or other social origin, race, sex, language, religion, political or other opinion, property, birth, or other status. All persons are equal before the law and are entitled without discrimination to the equal protection of the law. The Constitution further explicitly states that women have the same rights and protections as men. The Constitution also guarantees additional rights, including rights to life, improved livings standards, sustainable development, and a clean and healthy environment.
Other policies discuss the role of women. Policies encourage the full involvement of women in planning, implementation, decision-making and training related to water resource management and policy, program, and project design, decision-making and implementation related to environmental protection. Policies, programs, and projects must undergo impact assessments to determine and maximize economic, ethnic, social, cultural, gender, and generational equity.
Responsibility for each stage of the Sanitation Value Chain
The Environmental Protection Agency is established as an autonomous public institution of the Federal Governments responsible for formulating policies, strategies, laws, and standards which foster social and economic development in a manner that enhances the welfare of human and the environment. The Authority has additional responsibilities including, preparing, reviewing and updating environmental laws, policies, and strategies and enforce their implementation; establishing a system for conducting environmental impact assessments; adopting environmental standards; establishing an environmental information system; and preparing directives to implement environmental protection laws and ensure their implementation. The Authority is required to monitor and evaluate the adequacy of municipal waste management systems and ensure the effectiveness of their implementation. Urban administrations are required to ensure the collection, transportation, and recycling, treatment, and safe disposal of municipal waste. Furthermore, if any activity poses a risk to human health or the environment, the EPA must take any necessary measure in order to prevent the harm.
The Supervising Body, i.e. the Ministry of Water Resources or the organ delegated by the Ministry, is responsible for planning, managing, utilizing and protecting water resources, including issuing permits and certificates of Professional Competence, establishing design specifications and standards for the construction of waterworks, and preparing directives to ensure that water resources are not polluted. The Supervising Body is also responsible for receiving applications for the construction, maintenance, and alteration of water works as well as ensuring the works are constructed in compliance with the terms and conditions of the permit.
The Water Supply and Sewerage Authority, as an autonomous government organization, is responsible for providing water supply and sewerage services throughout Ethiopia. The Authority can issue general directives pertaining to water supply and sewerage services throughout Ethiopia, except for Addis Ababa and other urban centers designated by the Commission. Amongst its authorities, the Authority is required to provide water supply services; establish sewerage system services; repair, maintain and improve sewer works under its jurisdiction; permit, control and issues directives to other persons to supply sewerage services in areas where they are not provided; bring under its supervision improperly operated sewerage services; and prepare and submit to the Commission service charge and water tariff proposals. Article 7.
The Ethiopian Standards Agency is required to develop a standardization strategy; develop and publicize Ethiopian standards; recognize national, regional or international standards; develop and implement awareness creation strategies for consumers on quality and standards; and promote the use of technologies which help to reduce pollution and wastage during production process.
Ethiopia also allocates significant responsibility to household and community leaders in overseeing the capture and containment steps of sanitation.
Law should prevent contamination by fecal waste
Persons are prohibited from polluting or causing any other person to pollute the environment by violating the relevant environmental standards. When the Environmental Protection Authority or relevant regional environmental agency decides, any person engaged in any activity which is likely to cause pollution or any other environmental hazard must install a technology that avoids or reduces the generation of waste to the required minimum.
The Environmental Protection Authority is required to formulate practicable environmental standards based on scientific and environmental principles for the discharge of effluents into water bodies and sewage systems, for emissions from stationary and mobile sources, and for the levels allowed and the methods to be used in the generation, handling, storage, treatment, transport and disposal of various types of waste. Environmental policy states that it will be the policy for sanitation to define and implement acceptable minimum sanitation facilities differentiated between urban and rural communities; develop standards for different types and levels of sanitation systems including both on-site and offsite, non-water dependent and water-dependent systems; and manage the import of wastewater treatment technologies and materials through pertinent institutions.
Persons generating, keeping, storing, transporting, treating, or disposing of any hazardous waste are required to obtain a permit from the Environmental Protection Authority or the relevant regional environmental agency. Hazardous waste is defined as “any unwanted material that is believed to be deleterious to human safety or health or the environment.” No person is allowed to construct waterworks, supply water, transfer water, or release or discharge waste into water resources (unless provided for in the regulations) without a permit. Further, a water use permit may be issued to authorize the discharge of treated wastewater into water resources. Article 5. Any person using water for industry or any other purposes which may cause pollution must install and use the best treatment method, must discharge only the type and volume of treated waste permitted and must allow the Supervising Body to take samples of the treated waste at any time. Further, no professional shall construct water works unless he has obtained a certificate of professional competence issued by the Supervising Body. Article 19(1).
The policy for water allocation and apportionment is to ensure that water allocation gives highest priority to water supply and sanitation. Policies support an integrated approach to water supply and sanitation policy; the promotion of the user pays principle; the promotion of decentralized development, operation and maintenance of water supply and sanitation systems; and the development of national standards, guidelines and procedures for water supply and sanitation. Policies for human settlements and the urban environment place prioritize improved environmental sanitation.
Enforcement power
According to Proclamation 300/2002, the Environmental Protection Authority or relevant regional environmental agency may take an administrative or legal measure against a person who, in violation of law, releases any pollutant to the environment. Article 3(2). The Authority can authorize the waiver of the duty to comply with some requirements of specified environmental standards for a fixed period of time in order to promote public benefit. Article 6(5). Environmental inspectors, assigned by the Environmental Protection Authority, shall ensure compliance with environmental standards and related requirements. Article 8(1). Inspectors also have the power to collect information which allows them to assess compliance, including question persons, requesting documents, taking samples, and taking photographs. Article 8(1). Any person dissatisfied with any measures taken by the environmental inspector may appeal to the Head of the Environmental Protection Authority or the relevant regional environmental agency within ten days from the date on which the measure was taken. Article 9(1).
Under Regulation 193/2010, relevant federal and regional law enforcement bodies have the power to prohibit the import or export of products subject to mandatory use of the national standard mark without the mark and to undertake market surveillance and control measures to ensure conformity of products and services with relevant mandatory standard requirements, amongst others. Article 15.
The National Hygiene and Sanitation Strategy states that Woreda sectoral health desks will be responsible for enacting and enforcing bylaws for sanitation and hygiene, including water quality. Page 27. Woredas are responsible for deploying appropriate incentives and disincentives for promoting and enforcing sanitation. Regional health bureaus will provide support in the development of guidelines for regulatory frameworks with systems for enforcement. Page 29. The Ministry of Health – Environmental Health Department (MoH-EHD) is responsible for collecting, developing and disseminating examples of legal and regulatory documents in order to create a “strong machine for law enforcement” and “incentives for adherence to law”. Page 30.
Penalties
Any person who causes any pollution shall be required to clean up the pollution or pay the cost of removing the pollution in the manner and within the time period set forth by the Environmental Protection Authority or by the relevant regional environmental agency. The environmental inspector can dictate what measures must be taken to remedy any contraventions of the law. If they suspect that an activity may cause damage to the environment, they must order corrective measures to be taken, including the immediate cessation of the activity. Persons or corporations who commit an offense, such as releasing pollution, can be fined and/or imprisoned. Persons convicted of an offense can also be subject to additional penalties imposed by the court, such as confiscation of resources used in the commission of the offense and a requirement to pay for the restoration of the environment. Persons can also have their permits suspended or revoked for failure to fulfill their obligations under the permit.
Roadmap to sanitation laws
Several laws, including the Environmental Protection Control Proclamation and the Ethiopian Water Resources Management Proclamation, as well as regulations issued to implement the Proclamation govern the provision of sanitation services.
Governance, generally
As set forth by the 1995 Constitution, Ethiopia is a federal democratic republic composed of three government branches – Legislative, Judicial, and Executive – at the federal level. It has nine member states: “(1) The State of Tigray; (2) The State of Afar; (3) The State of Amhara; (4) The State of Oromia; (5) The State of Somalia; (6) The State of Benishangul/Gumuz; (7) The State of the Southern Nations, Nationalities and Peoples; (8) The State of the Gambela Peoples; (9) The State of the Harari People.” Article 47. Addis Ababa is the capital city of the Federal State. Article 49(1). Ethiopia’s Head of State is the President. The President functions as the primary spokesperson for Ethiopia, introducing laws, meeting foreign dignitaries, and, upon recommendations, appointing ambassadors and other envoys. Article 71.
The Federal Government has the responsibility to protect the Constitution; formulate and implement the country’s policies, strategies and plans; enact laws for the utilization and conservation of land and other natural resources; formulate and implement foreign policy; levy taxes and collect duties; determine and administer the use of waters or rivers and lakes linking two or more States or crossing national boundaries; amongst others. Article 51.
At the Federal level, the legislative branch is responsible for promulgating laws.. Ethiopia has a bicameral legislature composed of the House of Peoples’ Representatives (HPR) and the House of the Federation (HOF). Article 53. The HPR is the primary legislative body and has “the power of legislation in all matters assigned by this Constitution to Federal jurisdiction.” Article 55. Representatives are elected for a term of five years through direct, free and fair elections held by secret ballot. Article 54. The HRP must also create a Human Rights Commission and determine by law its powers and functions. Article 55(14). The HOF has the power to interpret the Constitution, and is responsible for determining civil matters requiring the enactment of laws by the HPR. Article 62. The HOF can also exercise the powers concurrently entrusted to it and the HPF, though it is unclear how broad its lawmaking authority extends. Article 62(5). The HOF is composed of representatives of Nations, Nationalities and Peoples and each Nation, Nationality and People is represented in the HOF by at least one member. Article 61. Members of the HOF shall be elected by the State Councils. Article 61. The State Councils may themselves elect representatives to the HOF or they can hold elections where the representatives would be directly elected by the people. Article 61.
Ethiopia’s executive branch is comprised of the Prime Minister and in the Council of Ministers. The Council of Ministers is composed of the Prime Minister, the Deputy Prime Minister, Ministers and other members as determined by law. Article 76. The Council of Ministers ensures the implementation of laws and decisions adopted by the HPR; drafts the Federal budget; formulates and implements economic, social and development policies and strategies; submits draft laws to the HPR on any matter falling within its competence; and enact regulations. Article 77. The Prime Minister is the Chief Executive, the Chairman of the Council of Ministers, and the Commander-in-Chief of the national armed forces. Article 74(1). The Prime Minister is tasked with supervising and ensuring the implementation of laws, policies, directives, and other decisions adopted by the HPR as well as supervising the implementation of policies, regulations, directives and decisions adopted by the Council of Ministers. Article 74(3), 74(5). The Prime Minister is also responsible for submitting for approval to the HPR nominees for ministerial posts from among members of the two Houses or from among people who are not members of either House but possess the required qualifications. Article 74(2). The Prime Minister is elected by the HPR and the powers of the executive branch are assumed by whichever party has a majority in the HPR. Article 73.
Ethiopia’s Constitution provides for the establishment of an independent judiciary. Article 78. Supreme Federal judicial authority is vested in the Federal Supreme Court, but federal judicial power can be expanded to include a Federal High Court and a First-Instance Court at the national level or in parts of the country by a two-thirds majority vote by the HPR. Article 78. Unless such a vote is made, “the jurisdictions of the Federal High Court and of the First-Instance Courts are … delegated to the State courts.” Article 78. Accordingly, States have the responsibility to “establish State Supreme, High and First-Instance Courts.” Article 78. Special courts may also be formed to which judicial authority can be delegated. Article 78. The judicial branch is allowed to operate “free from any interference of influence of any governmental body, government official or from any other source.” Article 79. Appointment of Federal judges is generally within the purview of the HPR, the Prime Minister, and the Federal Judicial Administration Council, with states appointing their own judges. Article 81.
The States, as does the Federal Government, have legislative, executive and judicial powers. Article 50(2). The State Council is the highest organ of State authority and is responsible to the people of the State. Article 50(3). The State Council has legislative powers on matters falling under State jurisdiction. Article 50(5). The State Council can also draft, adopt and amend the state constitution. Id. The State administration constitutes the highest organ of executive power and the state judicial power is vested in its courts. Article 50(6), (7). All powers not expressly given to the Federal Government alone are reserved to the States. Article 52(1). States have the power to enact and execute the state constitution and other laws; formulate and executive economic, social and development policies, strategies and plans of the State; administer land and other natural resources in accordance with Federal law; levy and collect taxes; amongst others. Article 52(2).
Lawmaking, policy making processes
According to the Constitution, the House of Peoples’ Representatives (HPF) is responsible for promulgating laws. Article 55. Laws passed by the HPF must be submitted to the President for signature. Article 57. The President must sign the law submitted to him within 15 days; if the law is not signed, the law takes effect without signature. Article 57. The President is responsible for publishing in the Negarit Gazeta laws and international agreements that have been approved by the HPF in accordance with the Constitution. Article 71(2).