May 8, 2021

OROMIA STATE UNIVERSITY

Post Graduate School of Leadership & Governance
Specialization: Leadership and change Management (LCM)

INDIVIDUAL ASSIGNMENT: I, II & III

Course: Contemporary Legal Matters for Leaders & Policy Makers

(LLPM 542)

Name kibrayehu Gutema

ID, 0352/12

LCM=G-2

Submitted to instructor: Shemeni Begna PHD, candidate

BISHOFTU, ETHIOPIA
1. How are law and policy are related

Laws and policies are very needed in our society as they help in maintaining law and
order in the society and help in shaping political and social aspects of the society.
Though policies and laws can be interrelated, they are definitely two terms having
different purposes. No nation can go forward without having certain laws and policies.
A policy is that which outlines what a government is going to do and what it can
achieve for the society as a whole. “Policy” also means what a government does not
intend to do. It also evolves the principles that are needed for achieving the goal.
Policies are only documents and not law, but these policies can lead to new laws.
Laws are set standards, principles, and procedures that must be followed in society. Law
is mainly made for implementing justice in the society. There are various types of laws
framed like criminal laws, civil laws, and international laws. While a law is framed for
bringing justice to the society, a policy is framed for achieving certain goals.
Laws are for the people, and policies are made in the name of the people. Policies can
be called a set of rules that guide any government or any organization. Laws are
administered through the courts. Laws are enforceable in which the policies comply.
A law is more formal as it is a system of rules and guidelines that are derived for the
welfare and equity in society. A policy is just informal as it is just a statement or a
document of what is intended to be done in the future.

Summary:
1. Policies outline what a government is going to do and what it can achieve for society
as a whole. Policies also mean what a government does not intend to do.
2. Policies are only documents and not law, but these policies can lead to new laws.
3. Laws are set standards, principles, and procedures that must be followed in society.
Laws are mainly made for implementing justice in society.
4. While laws are framed for bringing justice to the society, a policy is framed for
achieving certain goals.
5. Laws are administered through the courts. Laws are enforceable, in which the
policies comply.
6. A law is more formal as it is a system of rules and guidelines that are derived for the
welfare and equity in society. A policy is just informal as it is just a statement or a
document of what is intended to be done in the future.
how do we use them together to achieve various social, economic, political goals of
a society?

The primary objective of public Policy is to make and analyze governmental

decisions. According to Harrington & Carter (2009) the four basic laws include the
substantive and procedural rules to make legal rules. The Powerful elements of
administrative law is to correct the inappropriate and unproductive actions of
programs that serve the public.

Therefore, public Policy uses the four basic laws to help improve the public’s
problem, whether it is economic, social or political. For instance, in the media, there
has been a lot of controversy over same sex marriage. Many people believe that
prohibiting same sex marriages infringes on one of their constitutional rights, which
has created a public problem and a call for a public Policy. In some states, there have
been laws put in place to allow same sex marriages in order to resolve the problem.
Table of Contents
Acronyms............................................................................................................................4

ABSTRACT.......................................................................................................................5

Background.........................................................................................................................5

2. Ethiopian Environment Policy Goals (objectives).........................................................6

3. Ethiopian Environment policy response.........................................................................7

4. Ethiopian Environment Policy outcomes.......................................................................8

5. Ethiopian environment policy and law enacted outcomes.............................................9

5.1 Environmental Impact Assessment Proclamation (No. 299/2002)........................10

5.2 Environmental Pollution Control Proclamation (No. 300/2002)............................10

5.3 Solid Waste Management Proclamation (No. 513/2007).......................................11

5.4 Prevention of Industrial Pollution Regulation (No. 159/2008)..............................11

5.5 Environmental and Social Management Framework.............................................11

6. Ethiopian Environment Policy Gaps............................................................................11

7. CONCLUSIONS AND OBSERVATIONS.................................................................12

Recommendation..............................................................................................................13

Reference..........................................................................................................................13
Acronyms

EPE ……………………………………………… Environmental Policy of Ethiopia

FDRE..................................................................Federal Democratic Republic of Ethiopia

CRGE……………………………………………… Climate Resilient Green Economy

EIA…………………………………………….…. Environmental Impact Assessment

EPA………………………………………………Environmental Protection Authority

NGO ………………………………………………. None Governmental organizations

MDG…………………………………………………. Millennium Development Goals

EPI……………………………………………. ………. Environment performance index

ABSTRACT

One way is to describe Environmental policy of Ethiopia is that it comprises two major
terms: environment and policy. Environment refers to the physical ecosystems, but can
also take into consideration the social dimension (quality of life, health) and an
economic dimension (resource management, biodiversity).
Policy can be defined as a "course of action or principle adopted or proposed by a
government, party, business or individual Thus, environmental policy of Ethiopia tends
to focus on problems arising from human impact on the environment, which is
important to human society by having a (negative) impact on human values. Such
human values are often label as good health or the 'clean and green' environment. In
practice, policy analysts provide a wide variety of types of information to the public
decision making process.

Environmental policy of Ethiopia is the commitment of an organization or government

to the laws, regulations, and other policy mechanisms concerning environmental issues.
These issues generally include air and water pollution, waste management, ecosystem
management, maintenance of biodiversity, the management of natural resources, wildlife
and species Policies or regulation of toxic substances including pesticides and many
types of industrial waste are part of the topic of environmental policy of Ethiopia. This
policy can be deliberately take to influence human activities and thereby prevent
undesirable effects on the biophysical environment and natural resources, as well as to
make sure that changes in the environment do not have unacceptable effects on humans

Over the last two decades, the Ethiopian government has put in place a number of
policies, strategies and laws that are design to support sustainable development and the
country is set to move towards a greener economy. There are gaps between the
environmental commitments made and the actual implementation to improve
environmental outcomes. Weak capacity in environmental management and
enforcement are key challenges.
ENVIRONMENTAL POLICY OF ETHIOPIA (EPE)
Background

Environmental Policy of Ethiopia this policy, issued in 1997, aims to maintain the
health and quality of life of all Ethiopians and to promote sustainable social and
economic development. It seeks to do this through the sound management and use of
resources and the environment as a whole, in accordance with the principles of
sustainable development. It considers the rights and obligations of citizens,
organizations, and government to safeguard the environment as indicated in the
Constitution of Ethiopia. The EPE is a comprehensive document that defines policies
for ten separate environmental sectors, covering soil and agriculture, forest and
woodland, biodiversity, water, energy, minerals, human settlement, industrial waste,
climate change and cultural heritage (FDRE, 1997). It also includes policies for ten
cross-sectoral issues that need to be consider for effective population, community
participation, land tenure, land use, social and gender issues, environmental economics,
information systems, research, impact assessment, and education.

Environmental policy of Ethiopia is the commitment of an organization or government

to the laws, regulations, and other policy mechanisms concerning environmental issues.
These issues generally include air and water pollution, waste management, ecosystem
management, maintenance of biodiversity, the management of natural resources, wildlife
and species Policies or regulation of toxic substances including pesticides and many
types of industrial waste are part of the topic of environmental policy of Ethiopia. This
policy can be deliberately take to influence human activities and thereby prevent
undesirable effects on the biophysical environment and natural resources, as well as to
make sure that changes in the environment do not have unacceptable effects on human

Policy can be defined as a "course of action or principle adopted or proposed by a

government, party, business or individual Thus, environmental policy tends to focus on
problems arising from human impact on the environment, which is important to human
society by having a (negative) impact on human values. Such human values are often
label as good health or the 'clean and green' environment. In practice, policy analysts
provide a wide variety of types of information to the public decision-making process.

2. Ethiopian Environment Policy Goals (objectives)

Article 92 in Ethiopian constitution, Environmental Objectives

 The overall Ethiopian environment 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 the sound management and use of natural, human-made and
cultural resources and the environment

As a whole, as to meet the needs of the present generation without compromising the
ability of future generations to meet their own needs.

1. Government shall endeavor to ensure that all Ethiopians live in a clean and
healthy environment.
2. The design and implementation of programs and projects of development shall
not damage or destroy the environment.
3. People have the right to full consultation and to the expression of views in the
planning and implementations of environmental policies and projects that affect
them directly.
4. Government and citizens shall have the duty to protect the environment

a) Strengthening sustainable natural resource management through

safeguarding landscapes and watersheds.
b) Improving soil and water harvesting and water retention
mechanisms.
c) An integrated health and environmental surveillance protocol.
d) Improving ecosystem resilience through conserving biodiversity.
e) Enhancing sustainable forest management.
f) Building social protection and livelihood options of vulnerable
people.

3. Ethiopian Environment policy response

Ethiopia Environment policy in particularly are aimed at ensuring essential ecological

process and life support system are sustain, biological diversity is preserved and
renewable natural resources are used,

Improving the environment of human settlement to satisfy the needs of their inhabitants
on a sustainable basis, preventing the pollution of earth, air and water ensuring the
participation of the people at all levels in environmental management activities, raising
public awareness on environmental issues.
Based on the goals of the Ethiopian Environmental Policy, it is worth mentioning that
its

Vision statement should have highlighted what Ethiopia aspires to achieve in the future.
Through the establishment of sound management of renewable and non-renewable
resources, Ethiopia should have envisioned development that ensures a secure and
sustainable environment. Similarly,

Mission of the environmental policy should have been design to raise the awareness and
empowerment of the Ethiopian people to use environmentally sound technology and the
best practices in order to achieve sustainable development. This would include using
good management, conservation, and monitoring in order to protect the natural
resources of the country.

4. Ethiopian Environment Policy outcomes

Environmental policy will have made a significant contribution to improving the

quality of life of all citizens, particularly disadvantaged groups through progress in
reconciling economic development with the sustainable use, protection and
improvement of the environment for present and future generations. This will be
evident in Ethiopia’s government has shown political environmental will by
establishing environmental protection agencies at federal level and in all regional
states, as well as formulating various environmental proclamations and ratifying
important environmental conventions.

Moreover, establishment of the national strategy Climate Resilient Green Economy

(CRGE) gives a strong indication of Ethiopia’s high ambitions and strive to move
towards a greener economy. However, Ethiopia phases many challenges in terms of
lack of human and financial capacity. Environmental governance needs to be improve
at all level. Weak capacity in environmental management, law enforcement and
monitoring are key challenges that need to be address in order to meet MDG targets
and move towards a greener economy.

According to the EPI trend, Ethiopia’s performance is declining in the area of climate
change, state of the forests and water in terms of ecosystem effects. This means that if
the environmental governance will not improve the state of Ethiopian ecosystems and
its services will continue to deteriorate with consequences on economic growth, public
health, resilience, agriculture and energy
Growing awareness and understanding of environmental issue increasing participation
in environmental management at all levels of society a clear action plan from
government to address environmental problems in all areas the necessary resources and
capacities to ensure effective implementation of environmental policy.

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 the
sound management and use of natural, human-made and cultural resources and the
environment.

Over the centuries, the concern for the environmental in Ethiopia has undergone many
stages and continuously evolved. The use-oriented period represents the main features
of legislations, which were led by human needs and capacity to exploit natural
resources. The resource orient period on the other hand was more focus on the
management of the natural resources and recognized the fact that such natural resources
could be deplete. With respect to the issue of environmental management and protection
in Ethiopia, various government institutions and departments responsible for different
aspects of the natural and human environment carried out the duties, until recently. This
had led to fragmentation of environmental protection activities and consequently to
serious deterioration and damage to the environment because the said government
institutions were responsible for both sectoral development and environmental
protection of the resources of the country, which is inherently conflicting. In addition,
there was no coordination mechanism to see to it that a development activity in one
sector does not have a multi sectoral environmental harm or impact.

5. Ethiopian environment policy and law enacted outcomes

Monitoring, Evaluation and Policy Review

a) To ensure that individual programmer and project monitoring becomes
b) The responsibility of the appropriate federal and/or regional implementing and/or
mandated agencies;

c) To ensure that the monitoring of the overall impacts of the implementation of the
Federal Environmental Policy on the country's renewable natural resources and
environmental support systems, and that the compilation of recommendations for
any modification that is required, should be consistent with the institutional
arrangement specified in the CSE and also be responsive to popular opinion;

d) To ensure that the Environmental Protection Authority carries the overall

monitoring of the Policy implementation and is responsible for proposing
modifications, in consultation with the mandated line ministries and/or the
 opinion of stakeholder communities and groups, and for having them approved
by the Inter-Ministerial Environmental Protection Council;

e) To ensure that line ministries and regional and lower level bureaus and branches
of bureaus monitor the overall impact of the implementation of this Federal
Environmental Policy on those sectors and elements for which they have the
legal mandate;

f) To ensure that, starting with the Community Environmental Coordinating

Committee and aggregating upwards through the appropriate level offices of
Water Resources, Mines and Energy, Agriculture, and Economic Development
and Cooperation, reviews of the status of natural resources and the environment,
including evaluation of the implementation of this Federal Environmental Policy,
are completed annually at the appropriate levels; and to ensure that the
Environmental Protection Authority will be responsible for prompting the
compilation of the reports and for reporting on the process;

g) To ensure that, at least annually, meetings held by communities at the village

level with their Community Environmental Coordinating Committees then
successively from the Wereda and the Regional
Environmental Protection Council, evaluate these reviews and make their
recommendations; the Environmental Protection Authority will be responsible
for prompting that the evaluation takes place and for reporting on the process.

5.1 Environmental Impact Assessment Proclamation (No. 299/2002)

This proclamation follows the principles of the international agreement on

Environmental Impact Assessment (EIA). Major development projects that are likely to
damage the environment (physical and social) are to have an EIA that identifies hazards
and possible damage so that they can be mitigated during the project development. The
proclamation outlines the duties of the proponent (developer) and specifies the details
that must be included in the assessment and the impact study report (FDRE, 2002a).
Approximately 30 EIAs produced at the federal level each year, which was relatively
low compared to other countries, but most EIAs happen at the regional level (SIDA,
2013).
5.2 Environmental Pollution Control Proclamation (No. 300/2002)

Pollution is defined in this proclamation as: ‘any condition which is hazardous or

potentially to human health, safety welfare to living things created by altering any
physical, radioactive, thermal, chemical, biological or other property of any part of the
environment in contravention of any condition, limitation or restriction made under this
Proclamation or under any other relevant law’ (FDRE, 2002b)

The proclamation states that ‘no person shall pollute … the environment’ but also
includes provisions for prevention and penalties if pollution does occur. It follows the
‘polluter pays principle’ and requires the person who causes pollution to pay for any
clean up. Specific articles detail the need for proper management of hazardous and
municipal waste and the adoption of environmental standards with reference to
wastewater effluents, air, soil, noise and waste.

5.3 Solid Waste Management Proclamation (No. 513/2007)

This proclamation aims to prevent environmental damage from solid waste while
harnessing its potential economic benefits. It defines solid waste management as the
collection, transportation, storage, recycling or disposal of solid waste. The proclamation
indicates the need for involvement of the private sector for effective management and
describes the safe transport of solid waste including hazardous waste (FDRE, 2007).

5.4 Prevention of Industrial Pollution Regulation (No. 159/2008)

The purpose of this regulation is clear from its name. Factories must make sure their
liquid waste meets environmental standards, and obtain a permit before discharging any
liquid waste (FDRE, 2008). The factory must monitor the composition of its waste, keep
records and report periodically to the Environmental Protection Authority (EPA).

5.5 Environmental and Social Management Framework

This framework document was prepared in collaboration with the World Bank. It sets
out procedures to ensure that investments in wash implemented in an environmentally
and socially sustainable manner (FDRE, 2013). It recognizes the importance of
protecting people and the environment from the negative impacts of development and
safeguarding the lives and livelihoods of the population.
6. Ethiopian Environment Policy Gaps

Over the last two decades, the Ethiopian government has put in place a number of
policies, strategies and laws that are design to support sustainable development and the
country is set to move towards a greener economy. There are gaps between the
environmental commitments made and the actual implementation to improve
environmental outcomes. Weak capacity in environmental management and
enforcement are key challenges.

This environment and climate change policy brief aims at briefly presenting key
environmental sustainability challenges and opportunities in Ethiopia, their linkages to
poverty reduction and socio-economic development.
In addition, lack of environmental awareness concerning the linkage between
environment and development in general, weak participation of the people and
community based organizations in environmental management activities are some of
the environmental challenges Ethiopia is facing nowadays,
The future, significant gains in environmental quality are more likely to come from
widespread adoption of pollution prevention practices than from more stringent
regulation of end-of-pipe emissions. Bridging the gap between public policy and the
trends in private-sector management will require fundamental changes in federal and
state governments' approaches to regulation. New policies must use economic
incentives to encourage clean manufacturing and the adoption of pollution prevention
technologies and forge public-private partnerships for improving environmental quality

7. CONCLUSIONS AND OBSERVATIONS

A very good legal framework put in place towards addressing the complex
environmental challenges could not be, implemented due to mainly lack of capacity of
sectoral institutions, weak institutional development, and lack of financial resources
and requisite of professional capabilities. Civil society although showed some growth
in recent years remains small and environmental policy advocacy is at juvenile stage to
significantly influence environmental policy in the country. NGOs and CSOs that are
engaged in environmental preservation, rehabilitation and policy advocacy are very
few in number when seen against the huge environmental challenges of the country
and the volume of task that should be, accomplished. Impacts on public opinion and
policy are results of a wide range of environmental rehabilitation and conservation
work often carried out in combination with relief and developmental endeavors. The
donor driven tendency of many to take up a wide spectrum of activities has greatly
undermined their specialization and focus in areas in which they command
comparative advantage.

Recommendation

1) Environmental affiliated organizations at regional and local level lack

laboratories to test the poisonousness of materials released to the environment.
Further, they lack the capacity of monitoring the implementation of
environmental plans, civil society, private sector involvement, linkage between
EIA and the project cycle.
2) Environmental policies, which was clearly indicate on the constitutional articles
and environmental protection proclamation, are not engaged in implementation
at various levels of government sectors.
3) There exist weak participation of people and community-based organizations in
environmental management activities.
4) Serious difficulties are observed in sanitations services, inadequacy of
sewerage infrastructure and random defecation in urban areas, which are the
main sources of infections that cause diarrhea and other vector borne diseases
particularly in urban areas.
5) Lack of political will and limited public support and participation found to be
the bottlenecks.
Reference

Ethiopian Protection Agency, (2006). Ethiopian Environmental Protection

Authority. Retrieved July 7, 2010 from http://www.epa.gov.et/epa/ department /eia

1) AsayehgnDesta. (2010). Environmental Policy for Ethiopia’s Sustainable Social

and Economic Development: A Working Paper, Dominican University of
California.
2) Aster AsgedomReda.(2004).Discourse Analysis on the Ethiopian Government’s
National Action
3) Ethiopian Environmental Protection Authority.(2010).Environment for
Development, Addis Ababa
4) Ethiopian Environmental Protection Authority.(2002). Resource Base and the
Need for Policy, Addis Ababa, Ethiopia
5) Environmental Policy of Ethiopia. (2005).The Resource Base and the Need for
Policy FDRE.(1994).Environmental Policy. EPA/MoEDC, Addis Ababa.
6) Development Fund.(2008).Civil society and environmental movement in
Ethiopia, country analysis, Addis Ababa
7) Dr.GedionGetahun.(2000). The Environmental Strategy of Ethiopia at Present
and Beyond.
8) http://www.telecom.net.et/estc/Publication/Proceedi.htm
2. Presently international organizations are performing many functions. List two
of the main functions. (15 Pts)

At present international organizations perform many functions and their functions are
constantly increasing. Due to paucity of space, it is not possible to mention here all the
functions performed by international organizations. It will suffice to note here only
those functions which are main in principle and which include other functions. Such
functions are the following: -

I. One of the main functions of international organizations is keeping

intact the sovereignty of states and despite their different social
systems; they establish and expand peaceful cooperation among
them.
II. The second main function is to ensure that the competition going on
among the individual states remains peace
3. The FDRE government, on the one hand, seems to advocate for the free market
economy (privatization). On the other hand, there are public enterprises owned by
the government in Ethiopia. Write down five justifications each for the parallel
existence of private and public enterprise in Ethiopia. (25 Pts)
There are many points of contact, as well as areas of departure, between a public
enterprise and a private enterprise. This apparently conflicting state of affairs may
place a public enterprise in a comparatively advantageous position on the one hand,
and may subject it to a stiff situation visa-vis private enterprise because they bear the
obligation of social achievement at the same time. There also exists a relatively
imprecise status of semi-governmental enterprises that occupy a place somewhere
between public enterprises and private enterprises.
Given that the political economy of a state allows, sometimes even encourages, the
private enterprises to flourish and that public enterprises also operate in a competitive
atmosphere, the two entities are virtually similar in structure and operations. To fill
the gaps left in the economy by private enterprise because of the size of investment
required or because of the unpredictability of the project.

1. Public enterprise to fill the gaps left by the private sector. The private sector in the
early days was not interested in project, which required high investment and involved
long gestation period e.g infrastructure project and core sector such as iron and steel
etc. Therefore, the government set up this enterprise to promote all round economic
development.
2.public enterprise to avoid monopolies and the resultant evils of monopolies such as
hoarding, black marketing, restriction of output, creation of artificial scarcity and
charging of high prices.
3. To promote labor welfare employees in this organization are provided good pay
perks, decent work environment, job security and retirement benefits.
4. To promote public welfare the idea is to ensure that the common public gets access
to essential products and service at an affordable price.
5.public enterprise to protect consumer interest in certain area where consumer
interest were affected because of the fraudulent practices of the private sector ,the
government nationalized the industry and ran it as a public enterprise e.g. LIC and
GIC in the insurance sector.
1