The Sport Facilities Administration Proclamation No. 729-2012

The Sport Facilities Administration Proclamation may not be as controversial as the new Urban Land Lease Proclamation; however, an unexpected incident during its adoption has made it somewhat ‘Historical’ document. An interesting description regarding the incident is found on capital, one of the country’s top business newspapers.

In a rare show of dissident in the House of Peoples’ Representatives whose 546 of 547 seats are filled by the ruling EPRDF and its affiliates, two ruling party Members of Parliament on Thursday abstained while the majority approved a new proclamation for the administration of sport facilities allowing alcohol ads to be placed in stadiums, while at the same time levying punishment on crimes yet to be spelled out.

(Two ruling party MPs abstain as majority approves controversial sport facilities’ bill Monday, 09 January 2012)

The two representatives were unhappy about the criminal sanctions imposed by the proclamation in article 11(3) (b) &(c). Article 11 (3) (b) of the proclamation makes advertisement in sport facilities about cigarettes or cigarette related substances or liquors with more than 12% alcoholic content a criminal act punishable with imprisonment from six month to one year and with fine from Birr 5,000 to Birr 10,000. This law comes as a good news for the beer industry as they could advertise their products in every sport facility. (The alcoholic content of beer on average is not more than 12%)

The 12% ceiling was unacceptable for the two MPs. It seems they just wanted the prohibition of any advertisement about alcoholic beverages in sport facilities. As reported by Capital, one of the MPs raised a challenging question regarding the unwanted side effects of the law. He asked “Aren’t we sending the message that the alcohol we know to be harmful to the public is ‘ok’ only because their alcoholic content is below 12 percent?”

The other point of dissent was the way the act constituting a crime in article 11 (3)(c) is stated. According to this article, any person who commits in sport facilities, other acts prohibited by regulation issued for the implementation of this Proclamation; is punishable with imprisonment from six month to one year and with fine from Birr 5,000 to Birr 10,000.

Honestly speaking, it is logically and practically impossible to obey this provision. It lays down a punishment, but you can not for sure know the criminalized act.

This is not the first time parliament has failed to be guided by the basic principles of criminal law in its criminal legislation on specific laws. I have tried to briefly address this issue on my previous post ‘You could be a criminal without committing a crime.’ According to Article 20(6) of Forest Development, Conservation and Utilization Proclamation No.542/2007 anyone will be punished with not less than 6 months and not exceeding 5 years imprisonment and with fine Birr 30,000 if he commits A CRIMINAL ACT NOT SPECIEFIED IN THE PROCLAMATION.

The following is the text of Sport Facilities Administration Proclamation No. 729/2012. You can also download the pdf version of the document

[DOWNLOAD The Sport Facilities Administration Proclamation No. 729-2012]

PROCLAMATION No. 729-2012.

A PROCLAMATION TO PROVIDE FOR THE ADMINISTRATION OF SPORT FACILITIES

WHEREAS, it is found necessary to facilitate the participation of the community in different sport activities at residential areas, schools and working places and to this end to promote the expansion and preservation of sport facilities;

WHEREAS, the availability of sport facilities in different areas in the required number and quality creates conducive environment for maintaining the health, enhancing physical fitness, cultivating the brain of the community and in particular the youth, and there by enable them to contribute for the development of the country;

WHEREAS, to achieve the objectives and ends of sport, it has been found necessary to issue a legislation which provides for the establishment, administration, regulation and legal protection of sport facilities that meet the required standards;

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

1. Short Title

This Proclamation may be cited as the “Sport Facilities Administration Proclamation No. 729/2012″

2. Definitions

In this Proclamation, unless the context requires otherwise:

1/“sport” means any physical activity carried out by an individual or a group either in organized or unorganized manner for the purpose of maintaining health, recreation, physical fitness and cultivation of brain as well as for testing ones fitness and skill;

2/“sport facility” means any facility established for sporting exercise, training, competition, and recreation or sporting events;

3/“preparatory work” means the process of constructing a sport facility or converting another construction to a sport facility and the acquisition of the required sport wears and equipments carried out by any person prior to the commencement of providing services to customers;

4/“Commission” means the Sports Commission established by Proclamation No.692/2010;

5/“appropriate organ” means the Commission or appropriate regional organ in charge of sports affairs as the case may be;

6/“region” means any state referred to in Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations;

7/“person” means any natural or juridical person;

8/ any expression in the masculine gender includes the feminine.

3. Scope of Application

1/This Proclamation shall be applicable to any sport facility found in Ethiopia.

2/ Notwithstanding the provisions of sub-article (1) of this Article, this Proclamation may not apply to non-commercial sport facilities which are found in any individual residential premises.

4. Classification of Sport’s Facilities

1/Any sport facility shall meet basic requirements of the intended purpose as specified by directive of the Commission.

2/Sport facilities intended to host sport competitions shall be classified from grade one up to grade three.

3/Any sport facility capable of hosting national sport competitions, in addition to the fulfillment of the requirements referred to in sub-article (1) of this Article, shall be classified as grade one.

4/Any sport facility capable of hosting international report competitions, in addition to the fulfillment of the requirements referred to in sub-article (1) of this Article, shall be classified as grade two.

5/Any sport facility capable of hosting intrastate sport competitions, in addition to the fulfillment of the requirements referred to in sub-article (1) of this Article, shall be classified as grade three.

6/Specific requirements to be fulfilled by sport facilities on the basis of their classification shall be determined by directive to be issued by the Commission.

5. Requirement of Permit

1/Any person who wishes to undertake preparatory work of a sport facility shall obtain a permit:

a)from the Commission where the sport facility is of grade one or two; or

b)from the appropriate regional organ in the case of any sport facility other than grade one and two.

2/No person may, upon completion of preparatory work, commence operating a sport facility without having obtained a certificate of competence from the Commission or the appropriate regional organ, as the case may be.

3/Without prejudice to the provisions of sub-article (1) and (2) of this Article, any person who intends to use a sport facility for commercial purposes shall obtain a business license from the appropriate body.

6. Application Procedures

1/Any person who intends to establish and operate a sport facility shall, prior to commencement of the preparatory work, apply to appropriate organ for a permit.

2/The applicant shall annex with his application the plan of the sport facility and other necessary documents.

3/The applicant shall, upon completion of the preparatory work, submit a completion report in writing to the appropriate organ and apply for a certificate of competence.

7. Issuance of Permit and Certificate of Competence

1/ The appropriate organ shall:

a/issue a permit to an applicant to commence preparatory work where, upon examining the application submitted to it under Article 6 of this Proclamation, it is convinced that the sport facility meets the prescribed standard and upon payment of the prescribed fee;

b/issue a certificate of competence to the applicant upon payment of the prescribed fee by verifying that the preparatory work of the sport facility is completed in accordance with its standard plan.

2/ The fees to be charged for permits and certificates of competence to be issued by the Commission in accordance with sub-article (1) (a) and (b) of this Article shall be determined by regulation to be issued by the Council of Ministers.

3/ The fees to be charged for permits and certificates of competence to be issued by the appropriate regional organ in accordance with sub-article (1) (a) and (b) of this Article shall be determined by the region.

8. Use of Sport Facilities

Sport facilities shall only be used for the purposes defined under sub-article (2) of Article 2 of this Proclamation, social festivals and other related purposes prescribed by regulation to be issued hereunder.

9. Reserving Areas for Sport Facilities

1/Any concerned administrative body shall reserve plots of land for sport facilities in accordance to population settlement in a rural area or the master plan in an urban center.

2/ Any educational institution shall

incorporate a sport facility in compliance with the standards set by directive issued hereunder.

3/ Any sport facility shall be accessible to persons with disabilities.

4/The Commission shall provide the necessary technical advice in the course of the reservation, incorporation in the master plan and establishment of the sport facilities contemplated in sub-article (1) and (2) of this Article.

10. Legal Protection of Sport Facilities

1/No sport facility may be expropriated except when required for the public interest and in compliance with the requirements of the law.

2/ Prior to expropriation of a sport facility, compensation commensurate to its value shall be paid and substitute plot of land shall be given to the owner.

11. Penalty

Unless a higher punishment is provided by the Criminal Code:

1/any person who establish sport facility without having a permit or operate without having a certificate of competence or use a sport facility for purposes other than those specified, is punishable with rigorous imprisonment from one to five years and with fine from Birr 25,000 to Birr 50,000;

2/any person who causes damage to a sport facility or commits an act which could instigate a disturbance in a sport facility, is punishable with rigorous imprisonment from five to ten years and with fine from Birr 10,000 to Birr 25,000;

3/ any person who:

a)uses liquors in sport facilities;

b)advertises in sport facilities cigarettes or cigarette related substances or liquors with more than 12% alcoholic content or advertises in sport facilities immoral or other things prohibited by law; or

c)commits in sport facilities, other acts prohibited by regulation issued for the implementation of this Proclamation;

is punishable with imprisonment from six month to one year and with fine from Birr 5,000 to Birr 10,000.

12. Administrative Measures

1/Without prejudice to the provisions of

Article 11 of this Proclamation, the appropriate organ may, step by step, take administrative sanctions involving written warning, suspension and closure of any sport facility that violates the provisions of this Proclamation or regulations or directives issued hereunder.

2/The grounds for administrative measures specified in sub-article (1) of this Article shall be prescribed by regulation to be issued hereunder.

13. Transitory Provisions

Any sport facility established before the coming into force of this Proclamation shall, upon complying with the prescribed standard, obtain a certificate of competence within the period specified by directive issued by the appropriate organ.

14. Inapplicable Laws

No law or customary practice may, in so far as it is inconsistent with this Proclamation, be applicable with respect to matters provided for by this Proclamation.

15. Power to Issue Regulations and Directives

1/ The Council of Ministers may issue regulations necessary for the implementation of this Proclamation

2/The Commission may issue directives necessary for the implementation of this Proclamation and regulations issued under sub-article (1) of this Article.

16. Effective Date

This Proclamation shall enter into force on the date of publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 3rd day of February, 2012

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA