Council of Ministers Regulation No. 385/2016
Council of Ministers Regulation to Provide for the Federal
Democratic Republic of Ethiopia Defense Forces Administration
This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 916/2015 and Article 72(1) of the Defense Forces Proclamation No. 809/2013.
PART One
General
1.Short
Title
This Regulation may be cited as the “Defense Forces Administration Council of Ministers Regulation No. 385/2016”
2.Definitions
In this Regulation:
1/ “Proclamation” means defense force
Proclamation No. 809/2013;
2/ the definitions provided for in the
Proclamation shall be applicable;
3/ “residential camp” means a compound which
encompasses the houses possessed by the Ministry of Defense and used as
residence for members of the defense forces or his family;
4/ “secret” means any kind of information or
property that is protected due to its significance for national security and
prohibited from disclosure to unauthorized or non-concerned body or person;
5/ “assignment” means posting or placing of
member of defense forces who meet the required criteria as stated in the
specified standard to a vacant job title or position;
6/ “military camp” means a place where members of
the defense forces carry out their duties on a temporary or permanent basis;
7/ “rehabilitation” means a place of detention or
correction of a member of the defense forces serving disciplinary penalty; or
suspected and arrested on grounds of disciplinary violation or criminal offence
or sentenced for two years or less imprisonment for criminal offense;
8/ “promotion” means promoting or assigning a
member of the defense force to a higher military rank, position, or job title;
9/ “discharge” means termination of military
service of a member of the defense force on the grounds specified under Articles
12(1) of the Proclamation and release him from the Ministry;
10/ “honorably
discharged” means any member of the defense forces discharged from military
service on any ground other than criminal or disciplinary offences;
11/ “dismissal”
means a punishment imposed in accordance with law to dismiss or discharge a
member from the Ministry on the grounds of criminal or disciplinary offences;
12/ “order”
means any instruction or message conveyed via sign, speaking, writing or other
means of communication by a competent military authority in accordance with law
for the execution of a task;
13/ “strategic
leadership” includes the Minister of Defense, the Chief of General Staff of
Armed Force, the Deputy of General Staff, the State Minister of the Ministry of
Defense, the Commander of a Command, the Commander of an Air Force and head of
department commanders that have the power to make strategic decision on the
strategic issues of Ministry.
14/ “head”
means a person empowered to direct combat support or combat support service
units in the Defense Forces;
15/ “leadership”
means an organ empowered to direct jointly a military unit in the Defense
Forces;
16/ “transfer” includes:
a) transfer of a member of the defense force to
another government office in accordance with Article 23 of the Proclamation;
b) temporary or permanent transfer of a member of
the defense force to another place or unit of the Ministry with an equivalent
or alike position or job title;
c) transfer of a unit to another place of work or
unit.
17/ “person” means a physical or juridical person;
18/ any expression in the masculine gender
includes the feminine.
3.Scope of application
This Regulation shall be applicable on any member
of the defense forces.
4.Objectives
The objectives of
this Regulations shall be to:
1/ enable the defense forces of Federal
Democratic Republic of Ethiopia to carry out with high efficient and
effectively the mission assigned to it under Article 5 of this Regulation;
2/ create a defense force that internalizes the
values of the defense forces by providing detail duties and rights of the
defense forces.
5.Missions
The
missions of the Defense Forces shall be to:
1/ defend effectively the country and the
constitutional order from outside invaders, terrorists and internal anti-peace
forces; and ensure peace of the country and the continuation of the fast
economic development and building of democratic system;
2/ build order and security maintaining
capability of the relevant regional peace and security structures and work in
close coordination with them;
3/ protect and rescue the nations, nationalities
and peoples of the country and the development institutions and infrastructures
of the public and the State from any natural or manmade disasters;
4/ ensure national security and effectively
participate in regional, continental and international peace keeping missions.
6.Core Values
1/ The core values of the Defense Forces shall
be:
a) giving
priority to the interest of the people and the country before oneself;
b) all-round
personality at all times;
c) uncompromised
democratic thought;
d) highest
achievement in any task or activity;
2/ Any member of the defense force shall have the
duty to know for himself and to make known by the members under his leadership
the values specified in sub-article (1) of this Article and also to guide
thereby every decision he may pass while discharging his duties both inside and
outside the country.
Part
Two
Prohibitions
and Obligations
7.Major Prohibitions
Any
member of the Defense Forces shall not:
1/demonstrate
or take part in any demonstration staged by others;
2/ become a member of a political party or
recruit or agitate others to become members of a political party;
3/ promote his own political agenda clandestinely
or openly; support or oppose any political party or a candidate in an election;
posses an emblem or other symbols used for political campaign; make any
contributions and participate in similar political activities;
4/ run as a political candidate;
5/ strike;
6/ preach or agitate about a particular religion
in the defense forces either directly or indirectly;
7/ give any statement to the mass media about the
defense forces or the Ministry without permission or delegation of the
Ministry;
8/ strive to know classified secret to which he
is not entitled; transmit or communicate or disclose a secret which he knows
lawfully to anunauthorized person;
9/ abuse the power entrusted upon him to
unlawfully enrich himself or other person or to the detriment of the benefit of
others;
10/ seek unlawful benefits and strive towards
that;
11/ appear or show up at places unworthy of or
degrading to the integrity, dignity and image of the military profession;
12/ establish a work relationship in his
official capacity with any domestic or foreign body without delegation or
authorization of the Ministry.
8.Major Obligations
Any member of the
defense forces shall have the following obligations:
1/ be obedient and loyal to the constitution and
constitutional order;
2/ control any activity that contravenes the
constitutional order;
3/ respect the rule of law;
4/ respect civilian political appointees and
representatives of the people;
5/ respect and serve the public without any
discrimination whatsoever;
6/ be ready at all times to carry out any task or
mission;
7/ fight freely and openly against any attitude
or activity that may adversely affect combat readiness and effectiveness of a
unit or the institution or erodes comradely relationships or unit cohesion;
8/ lift a comrade that lay wounded or dead at
battle;
9/ respect his comrade and superior and protect
another member from any harm or injury to his moral, body or life and provide
any necessary assistance;
10/ keep the secrets of the Ministry;
11/ promote the positive image of the Ministry;
12/ carry out duties in a manner that ensures
transparency, accountability and participation;
13/ discharge orders or duties given to him with a
view to performing development activities planned by the Ministry or to avoid
man-made or natural disasters occurred or most likely to occur;
14/ at every level throughout the hierarchy develop
and execute planned activities that would enhance or strengthen the fair
representation of all nations, nationalities and people of Ethiopia and build
the capacity of women;
15/ give a special attention to children, disabled
persons, elders and expectant mothers while rescuing the public during natural
or manmade disaster;
16/ use properly government and public asset and
property provided for the execution of duty;
17/ handle properly and return any public or
private property he used out of necessity and to replace or substitute it in
case of damage;
18/ prevent situations that may conflict with the
interests of a unit, the institution or the country;
19/ establish a relationship that is based upon
comradeship and trust;
20/ care for war prisoners and treat them with
humanity;
21/ execute lawful orders;
22/ know and enforce appropriate Proclamation, Regulations,
and Directives and practices issued by the Ministry.
9. Principle Governing Organizationaland Operational Structure of
the Defense Forces
The organizational
structure of the defense forces shall be based on the following principles;
1/ conducive to create, build, and maintain all
time combat ready force and use it effectively and efficiently.
2/ ensure mission based flexibility, effective
task force deployment and combination;
3/ incorporate efficient, reliable and
effective combat support and combat service support systems;
4/ ensure collective leadership; provide power
and authority required for making decisions and using resources in order to
accomplish a given task successfully;
5/ consider the reserve force and enables to prepare
future leader development;
6/ have a chain of command and control from top
to down;
7/ confers the leadership at every level in the
hierarchy with sufficient power to decide on and shoulder accountability, and
to direct and administer the resources allocated to it and produce the intended
result;
8/ enable all heads to adhere to the principle
of working and leading in committee;
9/ ensure individual and joint responsibility
and accountability of the leadership;
10/ decision of the committee shall pass by
majority vote, in case of a tie, the commander or the head shall have a casting
vote;
11/ ensure that all jobs and positions have known
standards and; enables to execute or cause execution of activities in a
transparent manner in accordance with the well-known standards and allows
assignment of competent, deserving and accountable leadership.
Chapter Three
Mission
of leadership and members OF defense force sat all level
10.Mission of a Strategic Leadership
The
missions of a strategic leadership shall be to:
1/ create, build and retain the overall capacity
of the Ministry that would sustainably maintain the peace and security of the
country; and that would deter war and be capable to win war within short period
of time and with minimal loss, if any;
2/ determine deployment or settlement of
defense force and resource utilization;
3/ undertake continuous studies and analysis on
domestic and regional threats and arrive at plausible conclusions from the
perspective of the defense forces;
4/ formulate the vision, objectives and goals of
the Ministry;
5/ initiate or design doctrines, policies,
strategies, laws and regulations, of the Ministry;
6/ build up inspection, command and control
system that would enable to ensure an all-time combat- readiness of the defense
forces;
7/ formulate the core values of the defense
forces; set a direction by which same would become a culture among the members;
and devise mechanisms and directions for the overall capacity building and
training of the defense forces;
8/ establish modern organizational structure,
command and control, and leadership systems;
9/ ensure country’s participation in regional,
continental and international peace keeping missions;
10/ work in close cooperation with regional states
in matters of peace and security.
11.Missions of an operational leader ship
The missions of an operational leadership
shall be to:
1/ retain
the capacity of the unit under its leadership built so far; deter war in
its area of responsibility and deploy or put the unit in a position that would
enable it to win war, if any, within a short period of time and with minimal
loss;
2/ ensure the combat readiness and build
technical and tactical capability of the unit under its leadership;
3/ ensure that the security, health, livelihood
and physical fitness of members of the unit is maintained and protected;
4/ internalize the value of the defense forces for
himself and make them known and implemented by members of the unit;
5/ make sure that peace and security of the area
under its responsibility is sustainably secured; and control and destroy
any anti-peace elements in its area of responsibility in accordance with a plan
prepared on the basis of adequate information;
6/ work out a plan for, prepare the defense
force, wage combat and win in an operational level combat on the basis of task
or order given to it;
7/ carry out any task or activity entrusted to
him in line with directives and ensure prevalence of the rule of law;
8/ make sure that an effective command and
control system is in place in the area of responsibility and use it properly;
9/ establish strong relation with the public and
administrative organs in the area of responsibility;
10/ work in cooperation with the security forces
of the area in accordance with instructions given to it;
11/ build his overall capacity and prepare for a
strategic leadership.
12.Mission of a Tactical Leadership
The missions of a tactical leadership shall
be to:
1/ provide direct and closer leadership in order
to maintain the capacity built up in the unit and accomplish any task
successfully;
2/ secure a reliable peace in the area of
responsibility;
3/ ensure an all-time combat readiness as well as
technical and tactical skills of the unit;
4/ continuously ensure that the wellbeing, moral
and health of the unit is maintained;
5/ plan and execute any task assigned to its
level in accordance with directives;
6/ work out, tactical level operational plan
based on a mission given; conduct the operation and achieve victory;
7/ internalize himself the values of the defense
forces and put them into effect in the unit;
8/ use properly the command and control system
put in place;
9/ upgrade continuously his capacity in order to
prepare himself for operational leadership.
13.Missions of
Officers
The missions of an officer shall be to:
1/ be an exemplary;
2/ internalize himself the values of the defense
forces and disseminate same in the unit and its members;
3/ prepare combat-ready force in time of peace;
4/ prepare combat plan, make the unit ready for
combat, command the unit and defeat an enemy in time of war;
5/ utilize the resources allocated to in an
economical and efficient manner;
6/ enforce directives unwaveringly;
7/ create a strong interrelationship or cohesion
in the unit;
8/ gather, subject to the level, the necessary information
regarding an enemy and the surrounding area;
9/ be capable of solving problems;
10/ prepare himself, at all times, for a greater
leadership;
11/ strengthen and encourage team work;
14. Mission of a Non-commissioned Officer
The
missions of anon-commissioned officer shall be to:
1/ build firm military discipline in every
soldier through training, closely supervising and practically leading daily
activities and providing necessary support;
2/ internalize himself the values of the
defense forces and disseminate same in members;
3/ control and ensure the proper use and handling
of weapons and property under his disposal;
4/ enforce superior orders issued to the unit and
cause other members to enforce same effectively;
5/ ensure combat readiness and wellbeing of the
unit; command or direct the unit heroism and accomplish a mission successfully;
6/ lead the unit and carry out any task being
exemplary in performance of duties, heroism and discipline;
7/ non-commissioned officer assigned at a staff
shall ensure an all-time readiness of the defense forces through delivering
effective support services.
15.Mission of a Private Soldier
Any private soldier shall have the
following missions:
1/fight
heroically and defeat enemy;
2/ implement directives and orders unwaveringly;
3/ stand, at all times, ready to carry out any
military task by continuously up-grading
his physical, technical and tactical competence and psychological
preparedness ;
4/ be familiar with and use properly the weapon
provided to him for combat;
5/ continuously improve his knowledge and skills;
6/ make the values of the defense forces part of
his belief and manifested in himself;
7/ handle properly and with due care the weapons
and other property given to him for carrying out his task;
Chapter
Four
MILITARY
SERVICE
16.Recruitment
1/ The
Ministry may recruit for military services any person who is fit and willing to
serve and meets the following requirements:
a) be
an Ethiopian national;
b) be obedient to the Constitution;
c) be of good ethics;
d) be18 to 22 years old;
e) be of good health that is fit for military
service;
f) have no criminal record;
g) have never been recruited in the defense
forces or the police force;
2/ Notwithstanding the provision of sub-article
(1)(d) of this Article, the Ministry may, when necessary, recruit a person more
than 22 years old.
3/ The recruitment shall be conducted with the
participation of administrative organs at all levels.
4/ The Ministry may issue
directives necessary for the implementation of sub-articles (1) to (3) of this
Article.
17.Military Oath and Employment
1/ Any recruit, pursuant to Article
8 of the Proclamation, shall take the following military oath:
“I ………solemnly swear before the national
flag, equipped with democratic thought to bravely defend the constitutional
order from any internal or external enemy; to place the interest of the public
and of the country before mine and serve the people without any discrimination
whatsoever; to be loyal under all circumstances to my comrade, commander, unit
and institution; to abide by law and to excellently discharge tasks given to me
by the people and the state and to bring about result”.
2/ Any recruit, after taking such oath, shall
conclude a contract of employment with the Ministry.
3/ Any recruit shall become a member of the
defense forces from the moment he takes an oath and concludes a contract of
employment.
18.Hiring of Civil Servants
1/ The Ministry shall employ permanent civil
servants in a centralized manner.
2/ The employment and administration of civil
servants shall be governed, as the case may be, by the relevant federal civil
servants law or labor law.
3/ Any unit of the defense forces may hire
contract workers by the permission of the human resource management of the
defense force.
19.Assignment ,Transfer and Discharge
1/ Assignment of the member of
defense forces shall be carried out in accordance with clearly specified criteria
and based on competition.
2/ The
transfer of defense force may be effected on a member of defense force or on a
unit.
3/ Temporary
transfer of any member of the defense force to another government office may
not affect the rights and benefits to which he is entitled to as a military
personnel.
4/ Any
member of the defense force leaving his place of work due to assignment or
transfer shall carry out proper hand over or clearance procedure, as may be
appropriate.
5/ Place
of work, professional category or type of task of any member of defense force
may be changed due to illness or any member of defense force may be discharged
due to illness or disability where it is testified by a medical board and upon
approval by appropriate military authority.
6/ Except
in compelling circumstances, may not be assigned or transferred to another
position, before serving, in case of an officer for one year and in case of
non-commissioned officer for six months, in the new position or job title.
7/ The
transport expense and daily allowance of a member of defense force moving due
to assignment or transfer shall be paid by his unit where he has been working
before.
8/ Any
member of defense force issued with order of assignment or transfer may, except
in compelling circumstances, utilize his unused annual leave before moving to
the new place of work.
9/ Any
member of defense force may not be removed or transferred to another position
without prior approval of the authority assigned him.
10/ An
order of assignment or transfer shall be issued in writing and the power to
assign or transfer shall be conducted as follows:
a) in
case of a General by the Chief of the General Staff;
b) in
case of a Senior Officer, upon notification to the Chief of the General Staff,
by the Defense Human Resource Main Department;
c) in
case of a new assignment or transfer of Line Officer, Non-Commissioned Officer
or a Private Solider from one place of work or unit to another, by the Defense
Human Resource Main Department;
d) in
case of an internal assignment or transfer of a line officer, non-commissioned
officer or a private solider, subject to report to the defense Human Resource Main Department, by the
leadership of a Command, Air Force or of an equivalent position;
e) notwithstanding
paragraph (b) of this sub-article and subject to immediate reporting to the
Defense Human Resource Main Department, in case of internal assignment or
transfer of senior officer during active combat duty, by the leadership of a
Command, Air Force or of an equivalent position;
f) in
case of any transfer in accordance with Article 23 of the Proclamation, by the
Chief of the General Staff.
11/ The
delegation of authority within the defense force shall be:
a) to
the most senior officer-in-charge, in case where any member of the leadership
at every level or head absents from duty for unlimited period;
b) where
member of the leadership or head is not in a position to delegate for whatever
reason, delegation shall be effected by the leadership at upper hierarchy to
the most senior officer-in-charge.
12/ Delegation
of authority shall be made in writing and communicated to any concerned body;
and may not exceed one year for duties require stringent responsibility.
20.Promotion
1/ Any
member of the defense force may be promoted in rank where he satisfies the
criteria specified under Article 20(1) of the Proclamation, excels from other
members in his academic qualification and upon meeting other requirement to be
provided under directive. However, if the members score equal results in other
requirements, priority shall be given to women members.
2/ Notwithstanding
the provision of sub-article (1) of this Article any member of the defense
force whether alive or died, may be promoted in rank as an award where he has
shown an outstanding bravery or scores outstanding result in innovative work.
3/ Promotion
in more than one rank at a time may be allowed in exceptional cases, the
particulars of which shall be provided by directives.
4/ Any
member of the defense force shall be eligible for promotion in rank although he
is about to retire or his service is extended beyond the retirement age.
5/ A
temporary rank that enables to carry out a unique task and that does not result
in any change on salary may be granted to any member.
6/ The
promotion of any member of the defense force shall be declared in writing.
7/ The
promotion of member of the defense force to the rank of General Officer shall
be publicized through public media;
8/ A
member of defense force whose case is under investigation being suspected of a
crime may not be eligible for promotion in rank; provided, however, that if he
is acquitted by law or by a final court decision, he shall be entitled to the
promotion in rank starting from the day when he could have been entitled to
same.
21.Appointment
1/ Any
member of the defense force may be appointed where:
a) there
is vacancy for promotion;
b) meets
the requirement of the vacant position;
c) he
scores higher results in the performance of military duties; and
d) he
excels in fulfillment of other requirements provided for in a directive.
2/ Appointment
in position shall be declared in writing.
3/ Particulars
related to appointment in position and carrier development shall be determined
in directives.
22.Power to Bestow
Appointment
1/ The
Chief of the General Staff shall be appointed by the Commander-in-Chief of the
Armed Forces.
2/ The
Deputy Chief of the General Staff shall be appointed, upon the recommendation
by the Chief of the General Staff, by the Commander-in-Chief of the Armed
Forces.
3/ The
Commander of a Command, the Commander of the Air Forces, the Head of Main
Department, the Deputy Commander of Command, the Deputy Commander of the Air
Forces, and other equivalent position shall be appointed, upon the
recommendation by the Council of Defense Commanders, by the Chief of the
General Staff after being approved by a Commander-in-Chief of the Armed Forces.
4/ The
members of division command, members of air post command, head of department
commander and officer of equivalent position shall be appointed, upon the
recommendation of the Defense Human Resource Management Main Department, by the
Council of Defense Commanders or in case of compelling circumstances by the
Chief of the General Staff.
5/ Any
member of the Leadership of a regiment, a member of the Leadership of a wing
and a head of equivalent position shall be appointed, upon the recommendation
by the Leadership of a Command, the Air Forces, a Head of Main Department, by
the Defense Human Resource Management Main Department, after being approved by
Chief of the General Staff.
6/ The
appointment of the members of defense force mentioned under sub-article(5) of
this Article, during active combat duty may be bestowed by the leadership of a
command, the Air force or any person in charge of the combat; provided,
however, such appointment shall be reported forthwith to the Defense Human
Resource Management Main Department.
7/ The
members of the leadership of company, squadron and head of equivalent position
shall be appointed, upon the recommendation of the leadership of a division, an
air base or a head of an equivalent position, by the Leadership of a Command,
the Air Forces, or a head of equivalent position.
8/ The
members of the leadership of a platoon, a unit of similar level in the air
force and head of an equivalent position, upon the recommendation of the
Leadership of a regiment, a wing and head of equivalent position, after being
communicated to leadership of company, squadron and head of equivalent, by the
leadership of a division, an air base or a head of an equivalent position.
9/ Team
commander and its equivalent at the air forces leader or staff commander shall
be appointed, upon recommendation of leadership of platoon or equivalent
position, after being communicated to the leadership of a division, an air base
or a head of an equivalent position, by a commander of a regiment or the air
forces and staff commanders of equivalent position.
23.Seniority
A member of the
defense forces shall be senior where:
1/ he is higher in rank;
2/ From members with parallel rank a member
who was promoted prior to others;
3/ there are members promoted in rank at the
same time the one who is higher in position;
4/ there are members promoted in rank at the
same time and with equivalent position, the one appointed earlier than the
rest;
5/ they are of equal in all the criteria
stated under sub-articles (1) to (4) of this Article, the one having precedence
in time of employment at the Ministry;
6/ they are of equal in all the criteria
specified under sub-articles (1) to (5) of this Article, the one having better
achievements in the performance of military duties;
7/ if they are equal in performance of
military duties, women members.
24.Salary
1/ The
salary payable to the members of the defense force shall be according to the
salary scale issued to the defense forces by the Government.
2/ A
special professional allowance may be paid to the members of the defense force,
as the case may be.
3/ Where
a member is conferred with a promotion in rank and the salary payable to such
new rank is equal to or lower than that he was being paid before, it shall be
adjusted one scale higher than the present salary.
4/ The
salary increment given pursuant to sub-article (3) of this Article may not
serve for purposes of future promotion in rank or to consider seniority.
5/ The
annual salary of a member of defense force shall be paid to his heirs as a
compensation where he dies in active combat duty or due to occupational
accident, injury or disease; but the compensation payable to the heirs shall be
six month salary where his death is due to other causes not related to his
occupation.
25.Suspension or Termination of Payment of Salary
1/ Payment
of salary to any member of defense force may be terminated where:
a) he
is found guilty of criminal offences and sentenced imprisonment;
b) he
is sentenced to rehabilitation for disciplinary offense.
2/ Payment
of salary to any member of the defense force may be suspended where:
a) he
is arrested due to being suspected of crimes of desertion or treason;
b) he
is suspected of criminal offences other than those specified under sub-articles
2(a) of this Article, and the court proceeding stayed for more than six months;
3/ Any
member of the defense force who has been arrested upon suspect shall be
entitled to payment of the salary that has been suspended during his arrest
where he is acquitted by a final decision of the court.
26. Deductions from Salary
1/ Any
member of the defense forces may be obliged to pay by deducting from his salary
where he:
a) causes
a destruction, waste, damage, injury, or misappropriation to state or public
property due to his failure to take necessary caution or preventive measures or
due to his negligence;
b) misappropriates
or misuses the ration or money of a unit;
c) causes
an excessive expenses beyond limit;
2/ Any
member of defense force who has caused damage to a property due to his fault while
driving a vehicle of the Ministry shall pay ten percent of the damage which is
to be deducted from his monthly salary. The maximum amount payable in such a
case may not, however, exceed ten thousand birr.
3/ No
contribution may be deducted from the salary of the member of the defense force
without his consent.
4) Any
deduction for contribution with the consent of the member shall be effected
where
a) it is approved or consented to by the
leadership of a division or its equivalent position or higher; and
b) the amount to be deducted does not exceed one
third of his monthly salary.
27.Suspension from Work
1/ Any
member of the defense force may be suspended from duty where there is
sufficient reason to believe that :
a) he
may impede the investigation by hiding or tampering relevant evidence;
b) he
may cause a damage or harm on life of others or property;
c) due
to seriousness of the crime that he is suspected, it is abhorrent to the moral
of other members; or
d) he
may commit other similar acts.
2/ Any
member of defense force may be suspended from duty by his immediate superior;
provided, however, that the suspension of any member and the causes thereto
shall be reported immediately, by the person who made the suspension, to the competent
authority in the hierarchy.
3/ Without
prejudice to sub-article (2) of this Article any suspension order or decision
shall be made in committee.
4/ There
shall be no oral suspension, except during active combat duty; and the
suspension order shall be given to the member in writing by specifying the
reasons for the suspension.
5/ The
letter of suspension shall be posted for ten consecutive days on a notice board
of his office or on a conspicuous place at his unit where it is not possible to
find the address of the member or for any reason to deliver it in person to the
member suspended.
6/ Where
no decision following the suspension is given within two months, the member
shall be reinstated to his position.
7/ The
suspension of the member from work may not preclude him from salary and rights,
benefits and obligations not associated with the suspension.
28.Discharge
1/ Discharge shall be carried out on the basis of
the grounds specified under Article 12 and by the leadership empowered for such
purpose under Article 22 of the Proclamation.
2/ Honorable discharged member of the defense
force shall be entitled to service compensation, other benefits and support in
accordance with a directive issued by the Ministry.
3/ Any discharge due to leadership succession and
change in structure shall be effected, subject to the general direction laid
down by the Council of Defense Commanders, by the decision of the Chief of the
General Staff.
4/ Any member of defense force may be discharged
honorably due to incompetence where:
a) it is proved that he could not improve his
capability despite various supports extended to him;
b) the discharge is accepted by his immediate
superior, his peers and members under his leadership; and
c) it is supported by majority vote.
5/ Any member of defense force shall be
discharged upon completion of his contract of employment, unless the contract
is renewed.
6/ Any member of defense force, who has
submitted a letter requesting discharge upon completion of his contract of
employment and awaiting a decision, shall enjoy all right and benefits.
7/ Any member of defense force discharged on
dismissal he shall be given:
a) a letter of discharge stating duration of his
service, his position or job title, amount of salary ,reason for discharge, and
such other relevant matters;
b) transport expense, daily allowance, and other
pertinent right and benefits as provided in the directive of the Ministry.
8/ Member
of a defense forces pensioned by Board decision due to disability sustained in
relation to his active combat task, shall be provided with full support by the
Ministry. The particulars shall be determined by resettlement directive of the
Ministry.
9/ Any resignation letter submitted during
peace time may, taking into consideration, the overall institutional readiness
or preparedness of a specific unit, be delayed for a time not exceeding six
months.
10/ Honorably discharged member may be extended with
necessary support that would enable him to integrate with the society and adapt
to civilian way of life. The particulars shall be provided in resettlement
directives of the Ministry.
11/ The transport cost and daily allowance of any
honorably discharged member shall be paid by his unit.
12/ A member who is missed amidst a battle and
whose status is unknown for not less than six months, shall be deemed to have
died and the rights of his heirs shall be respected.
29.Principles of Working in Committee
1/ Every activities of each level in the
hierarchy shall be carried out in line with the principle of working in
committee.
2/ The leadership at each level shall decide in
committee on matters related to planning, budgeting, human resource selection,
assignment, transfer, disciplining and the like as provided under sub-article 9
of Article 9 this Regulation.
3/ Particulars relating to working in committee shall be
specified under directives of Ministry.
30. Record Keeping
1/ The personal file of any member of the defense
forces shall be organized and kept by the Defense Force Human Resource
Management Main Department after the conclusion of a contract of employment.
2/ The personal file of member of the defense
forces shall contain updated information relating to education, promotion,
performance evaluation, disciplinary measures, family and the like.
3/ Any member of the defense force shall have
the right to know any information entered or filed in his personal file and to
take a copy thereof upon request.
4/ It is prohibited to file any document in the
personal file of a member of the defense force without his knowledge.
31.Granting
of Certificate of Service or Support Letters
1/ Any
member of the defense forces, whether in service or discharged shall be granted
upon request a certificate of service indicating the duration of his service,
the positions he has been assigned to and served, the amount of salary he has
been earning and other benefits.
2/ Notwithstanding
the provisions of sub-article (1) of this Article any member of the defense
forces who has absented without leave for three or more months may not obtain
certificate of service unless he produces an evidence or clearance from the legal
department of the Ministry.
3/ Any
member of the defense forces shall have the right to be a guarantee for another
person. He may be supported by letter of guarantee written by the human
resource department. Where the member submitted letter to discharge from the
Ministry, the Human Resource Management Main Department shall inform such fact
in writing to the organ that has received the letter of guarantee.
4/ Particulars
relating to granting certificate service and other support letters shall be
determined under directives of the Ministry.
32.Education and Training
1/ Scholarship
for education and training shall be given to members of the defense forces in
order to enrich the human resource development of the Ministry and to motivate
members.
2/ Scholarship for education and training shall
be given taking into account performance of the member and the needs of the
Ministry.
3/ Notwithstanding sub-article (2) of this
Article the selection for education and training shall be carried out in a
manner that supports composition of nations, nationalities and people of
Ethiopia and build up the capacity of women members of the defense forces.
4/ The opportunity for education and training
shall only be given to any member of the defense force on the basis of its
relevance to the current or future responsibility of the member or to needs of
the Ministry.
5/ Any member of the defense forces sent for
education or training shall have the duty to complete such education or
training with satisfactory results.
6/ Any member of the defense forces to be
eligible for higher education shall serve at least for two years after the
conclusion of contract of employment.
7/ Any
member of the defense forces who has got opportunity of higher education in the
Ministry shall serve at least for two years after completion of his higher
education in order to be eligible for selection to another higher education.
8/ Any
member of the defense forces shall deposit, upon completion of the training or
education, in the Ministry, any credential or relevant document to be held
until he serves twice the duration such training or education has taken.
9/ The Ministry shall issued directive with
respect to other skill trainings extending up to one year and less.
33.Annual Leave
1/ Any
member of the defense force is entitled to 30 consecutive days of annual leave
with pay, which shall be given by leadership of a regiment or a head with
equivalent position or above.
2/ Any member of the defense force shall serve at
least for one year in order to be entitled to annual leave.
3/ Any member of the defense forces returning
from a peace keeping mission after serving not less than one year shall be
entitled to an annual leave.
4/ Any member of the defense force may pass his
annual leave abroad where it is decided by the Chief of the General Staff upon
the recommendation by a leadership of command, the air force or a head with equivalent
position.
5/ The leadership at every level may, considering
the remoteness of the place, give up to a maximum of eight extra days on the
top of annual leave.
34. Mourning or
Medical Treatment Attendance Leave
1/ Any member of the defense force may be given
mourning or medical treatment attendance leave twice a year. Mourning or
medical treatment attendance leave may not exceed seven days at a time. Where
there is a situation that demands more time than two mourning or medical
treatment attendance leave per annum such time may be deducted from the annual
leave.
2/ Mourning
or medical treatment attendance leave shall be given by leadership of a
regiment or a head with equivalent position or above.
3/ Any member of the defense force shall be entitled to
mourning or medical treatment attendance leave in the event of death or
hospitalization of his spouse, descendant, ascendant, sister or brother;
4/ The leadership at every level may, taking into
account the remoteness of the place, give up to a maximum of five extra days on
top of mourning or medical treatment attendance leave.
35.Maternity Leave
1/ A female member of the defense forces shall be
entitled to four months full day and additional two months half day maternity
leave including holidays.
2/ A member shall be entitled to five days
paternity leave excluding the time needed for travel.
36.Marriage Leave
Any member of the defense force concluding a marriage shall be entitled
to one month marriage leave.
37.Sick Leave
Any
member of the defense forces shall be entitled to sick leave. The particulars
shall be provided in health directives to be issued by the Ministry.
38.Special Leave
1/ Any member of the defense forces may be given
a special leave for court attendance, for examination and other affairs.
2/ A leadership of a company or a head with
equivalent position by considering the circumstances may give daily leave not
exceeding forty eight hours.
3/ A member of Defense forces sent abroad for education and training that
takes more than two years shall be entitled to leave amidst of his stay in
accordance with directives to be issued by the Ministry.
39.Retirement Leave
Any retiring member of defense force shall be given
a three month leave before the retire date in order to make necessary
preparations.
40.Procedures while taking Leave
1/ Any member
of defense force moving on leave shall posses leave letter issued from his
unit.
2/ Any member
of the defense force moving on leave may not carry a weapon unless permitted by
competent leadership upon considering his security and wellbeing.
3/ Any member of the defense forces on leave,
other than maternity leave, shall report to the nearby military unit, police or
administrative body within 24 hours upon a declaration of emergency or general
mobilization.
4/ Transport expenses of a member called back for
duty from leave shall be borne by the Ministry.
41.Suspension of Leave
1/ Any
leave, other than maternity leave, may be suspended under the following
circumstances:
a) where
full or partial first or second level standby order is issued;
b) where
there is active combat duty;
c) where
there is an urgent work that may last for a time not exceeding one month;
d) where the minimum standard of the personnel
strength of the unit required for readiness is to be reduced.
2/ Any
member of the defense forces whose leave has been suspended pursuant to
sub-article (1) of this Article may not demand accumulated leave; he may
however be given 15 additional days on top of his annual leave.
Chapter Five
Uniform and Identification
42.Uniform
1/ Any
member of the defense force shall have the duty to own at least two complete
military uniforms.
2/ The following uniforms shall
be provided to members of defense forces free of charge in accordance with
directive issued by the Ministry:
a) grand uniform; uniform for parade, musician
or flight crew uniform;
b) gown for physicians,
instructors, military justice professionals;
c) overalls for a trainee at a
regular training center, recruit, mechanic, heavy weaponry personnel, inmates
and such other person the nature of whose work may require uniform;
d) uniforms for working overalls for combat
units;
e) individual mattress,
blanket, pair of bed sheet, field jacket and raincoat.
3/ The
Ministry shall provide any member of the defense forces with two combat
uniforms for free upon deployment to regional or international peace keeping
mission.
4/ Any honorably discharged
member of the defense forces shall be allowed to take his uniform; provided,
however, any dismissed member shall be duty bound to return any uniform.
43.Identity card
1/ Any member of the defense forces shall be
issued with an identity card.
2/ The
identity card shall be issued by the Human Resources Management Main Department
or a military unit it delegates.
3/ The
particulars in an identity card shall include the full name, rank, identity
number, date of birth and blood type of the member, as well as the person to be
called at time of emergency.
4/ Where a
member of the defense forces is discharged from service, he shall hand over his
identity card and receive letter or certificate of discharge instead.
5/ It shall
be forbidden to pass over an identity card to another person.
6/ A member
of the defense forces who has lost his identity card shall forthwith report
same to the concerned body.
44. Name Tag
1/ Every member of the defense forces shall
have a name tag to be affixed with his uniform.
2/ The name
tag shall be written in English language for members of the defense forces
deployed for peace keeping mission and in Amharic in other cases.
45. Identification Disc
1/ Every member of the defense force shall be
issued with an identification disc to be worn suspended from the neck using
cord.
2/ Half of
the identification disc shall be buried with the corpus of a member of defense
force where he pass away in any kind of active combat task and the remaining
part of the disc shall be sent to the Defense Human Resource Management Main Department of the Ministry.
46.Flag and Emblem
Any command or corps, the air force, main
department, training center, division, regiment and equivalent units shall fly
the National Flag and the Emblem of the Ministry and of the concerned military
unit at its Head Quarters. The particulars related to this shall be determined
by the directives of the Ministry.
Chapter
Six
Social
services
47.Medical Service
1/ Any member of the defense force shall have the
right of free medical services for himself, his spouse and his minor children
lower than 18 years old.
2/ Notwithstanding sub-article (1) of this
Article, a mentally retarded child of the members of defense force shall be
entitled to free medical service irrespective of his age.
3/ Where a member of defense force passes away on
task or due to a cause in connection with his occupation, his families
mentioned in sub-article (1) of this Article shall continue to receive free
medical service. Where the spouse of the deceased however concludes another
marriage, the right of free medical service shall be discontinued.
4/ Any member of the defense force shall be
entitled to free medical service for himself only where:
a) he is discharged on the basis of retirement on
grounds of injury, ill health or old age;
b) he is honorably discharged after rendering
twenty or more years of military service;
c) he is transferred to another government office
or public enterprise permanently after rendering twenty or more years of
military service.
5/ Any member of the defense force may not be
beneficiary of free medical service where he is discharged on dismissal or he
is discharged on the basis of his request having served for less than twenty
years,
6/ In the absence of military health institution,
the beneficiaries specified under sub-articles (1) to (4) of this Article shall
have the right of free medical service at public health institutions found in
their residential areas. The medical service shall be rendered in accordance
with the agreement to be entered between the Ministry and the Ministry of
Health as well as Regional State Health Bureaus.
48.Provision of Residential House, Electric,
Water and
Transport Services
1/ Any member of the defense forces on active
duty shall be provided with, subject to the capacity of the Ministry, housing,
electric power, water and transport services free of charge.
2/ Any member of defense force
discharged from the Ministry on the following grounds shall continue to receive
the housing service for free from the date of such decision for the following
period:
a) if honorably discharged, for
six months;
b) if
discharged upon completion of the 7 or 10 years of contract of service, for
three months;
c) if permanently
transferred to another government office, for six months;
d) if discharged on dismissal, for one month;
e) if resigns from service on his own motion,
for two months.
3/ Families of any member of defense force
shall continue to use housing service for the following period:
a) for six months, where the member dies due
to a cause that is not related to his occupation;
b) for a year where the member dies in active
combat task or due to a cause related to his duty;
c) for a year, to be counted after six months
where the member is missed at battle and his status is not known for at least
six months;
d) for a month where the member has deserted
from duty;
e) for two month where the member is
sentenced to more than two years of imprisonment for criminal offence.
4/ Any
resident shall have obligation to maintain sanitation, discipline, security and
safety of a residential camp and respect directives issued to this effect.
49.Rations
1/ Combat ration for a unit in a combat task or
in a movement shall be supplied by the Government.
2/ Combat units, trainees at a training center
or members of guard units shall consume their rations collectively in a mess
established for such purpose. A married
member or a member the nature of his work permits him may be allowed to lead a
private life and use his rations accordingly in a way not clutter a task.
3/ Preparation and catering of food in a mess
based on or in observance of a particular religion shall be forbidden.
4/ Member of the defense forces shall be
provided with quality and neat feeding.
5/ Any unit shall administer its mess and
utilization of its rations or budgets by a committee drawn from among it.
6/ The leadership at every level shall have the
responsibility of leading the living condition of its unit and do the
appropriate follow up and control.
7/ Utilization of the rations or budget as well
as proper functioning of the messes shall be reported monthly and announced to
members of the unit.
8/ Any member of the defense forces detained on
suspicion of an offense or imprisoned on conviction, or sent for rehabilitation
for disciplinary offense shall be provided with rations.
9/ Particulars for the feeding shall be
determined directive of the Ministry.
50.Full Engagement
1/ Any member of the defense forces shall have
the duty to use his full time, knowledge and skill for efficient accomplishment
of the mission given to him by the Ministry.
2/ Any member of the defense forces may not be
allowed to get into part-time employment.
3/ Any member of the defense forces shall not
engage in an area that may give rise to a conflict of interest with his
profession, position or responsibility in the Ministry.
4/ Any member of the defense forces may not,
unless assigned by the Government, manage or work, or be employed in another
organization or become an agent for any organization while he is in active
military service.
51.Marriage and Family
1/Any member of the
defense forces:
a) may conclude a marriage in accordance with the
Federal or State Family Code; provided, however, he may not conclude polygamous
marriage;
b) shall report forthwith to his unit when he
concludes a marriage, gives birth to or adopts a child, dissolves his marriage
by divorce, or a member of a family dies;
c) may
not conclude marriage, conceive or cause another to conceive either in marital
bondage or in an irregular union, or give birth to a child before serving five
years or with a member who has not yet served for five years;
2/ Any member of defense force shall report his
marriage concluded pursuant to sub-article (1) of this Article by producing a
certificate of marriage.
3/ The record and documentation department of the
Ministry shall serve as a register of civil status and documentation.
52.Military Funeral Ceremony
1/ Where any member of defense force dies, his
funeral shall be observed with military funeral ceremony.
2/ Funeral of retired general officer or
awardee of the medal of the victory of Adwa or any of the medal of heroism
shall be observed with military funeral ceremony.
3/ Military funeral ceremony of government
officials shall be carried out in accordance with another law issued to this
effect.
4/ Particulars related military funeral ceremony
shall be determined by the directives of the Ministry.
53.Gifts
1/ Any member of the defense forces may give to
or receive from a person or organization that he comes across with in the
course of carrying out his duties an emblem, banner, cultural artifacts, flag
and the like; provided, however, that he shall forthwith hand over such gifts
to the Ministry
2/ Any member of the defense forces may not
receive a gift other than those specified under sub-article (1) of this Article
from a person or a governmental or nongovernmental organization that he comes
across with in the course of carrying out his duties.
part Seven
Military
discipline penalty, power of
decision
and execution of penalty
Chapter
One
Military Discipline
Penalty and Power of Decision
54.Objectives of Military Discipline Penalty
The objectives of
military disciplinary penalty shall be:
1/ to
build a defense force that is devoted to the will of the people, highly
disciplined and fit for mission;
2/ to
enhance or strengthen prevalence of the rule of law in the Ministry through
ensuring accountable.
55.Military Discipline Penalty
The types of
military discipline penalty shall be either simple or rigorus disciplinary
penalty.
56.Simple Military Disciplinary Penalty
Simple military
disciplinary penalties shall include:
1/extra
physical exercise;
2/ extra labor;
3/ verbal warning or reprimand;
4/ written warning.
57.Rigorus Military
Disciplinary Penalty
Rigorus military disciplinary
penalties shall include:
1/ demotion from position;
2/ delay from promotion in rank;
3/ delay from promotional step;
4/ reduction in rank;
5/ rehabilitation;
6/ dismissal;
7/ stripping of a rank.
58.Power to Impose Disciplinary Penalty
1/ Team leader or a leader with an equivalent
position shall have the power to impose an extra physical exercise for one
hour.
2/ A platoon leader or leadership of an
equivalent position shall have the power to impose an extra physical exercise
for three hours or extra labor for four
hours.
3/ Leadership of a company or of an equivalent
position shall have the power to impose:
a) an extra physical exercise only up to four
hours;
b) an extra labor only up to five hours;
c) verbal warning on a private soldier and
non-commissioned officer.
4/ Leadership of a Regiment or of an equivalent
position shall have the power to impose:
a) an extra physical exercise for up to eight
hours;
b) written warning on a private soldier or
non-commissioned officer;
c) demotion from team leadership.
5/ Leadership of a Division or of an equivalent
position shall have the power to impose:
a) written
warning on a line officer;
b) demotion
from platoon leadership;
c) rehabilitation
for a month on a private soldier or non-commissioned officer.
6/ Leadership of a Command, the Air Force, and
main department or of an equivalent position shall have the power to impose:
a) written warning on a senior officer;
b) delay from promotion in rank on a
non-commissioned officer;
c) reduction in rank for non-commissioned officer;
d) delay
from promotional step on non-commissioned officer;
e) demotion
from leadership of a company;
f) rehabilitation
up to three months on a private soldier up to line officer;
g) dismissal
on a private soldier up to non-commissioned officer;
h) stripping
of a rank on a private soldier up to non-commissioned officer.
7/ The Defense Human Fesource Management main Department
shall have the power to decide on the demotion from position of leadership of a
regiment, a wing, and head of equivalent position.
8/ The
Council of Defense Commanders shall have the power to impose:
a) delay
from promotion in rank of
lieutenant-colonel and colonel;
b) delay
from promotional step on lieutenant-colonel and colonel;
c) reduction
in rank of lieutenant colonel and colonel;
d) striping
of rank of lieutenant colonel and colonel;
e) demotion
from leadership of division, an air post, and a head of equivalent position.
9/ The Chief of the General Staff of the Armed
Forces shall have the power to impose:
a) written warning on a senior officer;
b) delay from promotion in rank on
second-lieutenant up to major;
c) delay from promotional step on
second-lieutenant up to major;
d) reduction in rank on second-lieutenant up to
major;
e) rehabilitation up to three months on senior
officers;
f) dismissal of member of Defense force in accordance with the Proclamation;
g) stripping of a rank on second-lieutenant up to
major ;
h) demotion from position of leadership of Command, Air Forces, Head of Main Department,
Deputy Command, Deputy of the Air Forces, and of equivalent position.
10/ The Minister shall have the power to decide on
a member of the defense forces convicted by court as specified under Article
12(1)(1) of the Proclamation.
11/ The Commander-in-chief of the Armed Forces
shall have the power to:
a) approve any rigorus disciplinary penalty
that may be imposed on a general officer;
b) strip a rank of a general officer;
c) demotion from position of Deputies of the
Chief of the General Staff.
59. Principles of governing Administration
of
Disciplinary Penalty
1/ Any member of the defense forces may not be
charged or punished again for a disciplinary offense for which he has already
been finally punished or acquitted or any other lawful measure has been taken.
2/ Any member of the defense forces shall be
equal before the law and may not be subject to discrimination based on sex,
nationality, race, ethnic background, rank, religion, position or any other
standing.
3/ Any member of the defense forces shall have
the right to obtain, know or see the evidence brought against him and to give
his statement of defense and produce evidence.
4/ Any member of the defense forces suspected of a
disciplinary offense shall be presumed innocent until proven guilty.
5/ Any member of the defense forces suspected of
a disciplinary offense may not be arrested before a decision is given unless it
is believed that he may cause a damage or injury or he is feared to
escape.
6/ Any disciplinary penalty shall be kept in the
personal file of the member of the defense forces punished therewith. Written
warning may not be valid unless it is attached to the personal file of the
member within a month.
Chapter Two
Execution of
Penalty
60.Procedure for Execution of Penalty
1/ Any person empowered to impose punishment
under Article 58 of this Regulation shall be senior than the member to be
punished.
2/ Any disciplinary penalty may be imposed on the
basis of the gravity of the offense without adhering to the sequences of the
penalties.
3/ Concurrent penalties may be imposed for one
disciplinary offense.
4/ Disciplinary penalty may not preclude from
criminal liability.
5/ The power of the leadership higher up in the
hierarchy shall include the power to impose penalty given to the lower level
leadership.
6/ Any member of the defense forces who has,
beyond the call of ordinary duty, performed distinguished feats of bravery in a
battlefield shall be entitled to promotion in rank, appointment or award he deserves
as others, regardless of any disciplinary penalty that has been imposed on him.
7/ Where any member of defense force commits
disciplinary fault entailing simple disciplinary penalty, the military
leadership empowered to punish a member shall forthwith impose such penalties.
8/ Where a member of the defense forces, who has
been punished with a written warning for grave disciplinary offense, commits
within a year another grave disciplinary offense, he shall be punished with
penalties other than written warning.
9/ Any member of the defense forces shall be
punished with rigorous disciplinary penalty other than written warning for
grave disciplinary offense where:
a) the disciplinary offense is committed
intentionally or in gross negligence; or
b) the offense has resulted in damage or injury.
61.Extra Physical Exercise
1/ The penalty of extra physical exercise may not
be executed continuously for more than thirty minutes at a time and may not
exceed at any rate one hour per day.
2/ An extra physical exercise may not be executed
in a manner that disregards the human dignity or affects the future readiness
of the member undergoing the penalty.
62.Extra Labor
1/ Extra labor punishment may not be imposed
for more than one hour per day.
2/ Extra physical exercise and extra labor may
not be imposed on line officers and non-commissioned officers with the rank of
master sergeant and above.
63.Warning
1/ Warning may be oral or written.
2/ An oral warning shall be valid only where it
is declared to the member punished therewith in the presence of members of his
unit.
64.Delay from Promotional Step
1/ Delay from promotion in step when imposed
on a member of the defense forces shall result in denying him a salary
increment by one step in the scale that he should have been entitled to upon
completion of two years’ time; and delaying him for two years from promotion in
rank than peers to him in rank.
2/ Delay from promotion in step may be
imposed for less than two years but not allowed for more than one step.
3/ The leadership imposing delay from
promotion in step shall clearly specify the time-limit or duration of the
penalty; in the absence of such specific time limit, the penalty shall be
deemed to be for one year.
4/ Delay from promotion in step shall be
imposed only on a member left with six or less months for promotion to the next
step.
65.Delay from Promotion in Rank
1/ Delay from promotion in rank shall be
imposed only on a member left with six or less months for promotion to the next
rank.
2/ A delay from promotion in rank may not be
imposed for more than six months.
66.Reduction in Rank
1/ Reduction in rank shall be imposed by lowering
the rank of the member only in one rank without affecting the promotional step.
2/ Reduction in rank shall be imposed up to a
maximum of two years. The leadership imposing reduction in rank shall have the
duty to clearly specify the duration of the penalty.
3/ Any irregularity in seniority of the member,
if any, due to reduction in rank shall be rectified by the leadership higher in
one level or the leadership imposing the penalty.
4/ Any reduction in rank without clearly
specifying duration shall directly subject the member punished to reinstatement
to his former rank after serving the penalty for one year.
5/ A member who has served the reduction in rank
penalty imposed on him shall be reinstated to his former rank without
competition unless he commits another offense.
67.Demotion from
Position
1/ Any member of the defense forces may be
punished with demotion from his position or appointment for up to one year.
2/ The leadership imposing demotion from position
or appointment shall determine its duration and the responsibility and position
in which the member punished therewith should be serving following to his
demotion.
3/ The member punished with demotion from
position shall be reinstated to his former position upon completion of the
duration of the penalty imposed.
68.Stripping of a Rank
1/ Stripping of a rank may entail in dismissal of
the member from military service as the case may be.
2/ Stripping of a rank imposed on a General
Officer shall be publicized through public mass media and the Ministry.
3/ Stripping of a rank imposed on
non-commissioned officer or a line officer or senior officer shall be announced
to his unit in order to make members of
the unit take lessons from it. Other organs may be notified of same by letter,
where it is deemed necessary due to the position or responsibility of the member
punished therewith.
69.Rehabilitation
1/ A member of the defense forces sentenced to
rehabilitation may not be subjected to strict treatment.
2/ Place of rehabilitation shall be determined
by a leadership of command or the Chief of the General Staff.
3/ Penalty of rehabilitation may not be served
at a regiment level and units lower than it.
4/ A member of the defense forces who has
undergone rehabilitation shall return to his former unit when released.
5/ A report stating about the condition of the
member undergone rehabilitation shall be sent to his unit from the
rehabilitation center.
70.Dismissal
1/ Any member of the defense force shall be
punished with rehabilitation and dismissed from the defense forces, if he has
been subjected to rigorus disciplinary penalty twice and found guilty for the
third time within a year.
2/ Any member of the defense force shall
be dismissed, without any pay except that of his contribution to the pension
fund, if it is known that he rejoined the defense forces after having been
discharged from the defense forces for any reason.
PART Eight
Military disciplinary offenses
71.Simple Disciplinary Offenses
The following
disciplinary offenses shall be punishable with simple disciplinary penalty፡
1/ where any member of the defense forces having
left his unit on leave, or by assignment, or transfer, or for medical treatment
at a time of relative peace arrives five days later than the time when he
should have reported at his unit or place of assignment;
2/ where any member of the defense forces arrives
later than the time when he should have reported having taken a daily leave;
3/ where any member of the defense forces is
absent from his work up to one day(24 hours) without leave;
4/ where any member of the defense force dresses
contrary to the directives of dressing manners;
5/ where any member of the defense forces fails
to salute his superior or where his superior fails to respond;
6/ where any member of the defense forces gives
incorrect information by increasing to or decreasing from the number of
soldiers at fall-in, or on march, in parade or generally during the time of
force census;
7/ where any member of the defense forces fails
to keep his own hygiene or the surrounding sanitation;
8/ where any commander or official of the defense
forces fails to keep the sanitation of the residential camps, the fortress and
the surrounding of those members of the defense forces under his leadership;
9/ where any member of the defense forces is
found anywhere committing acts that undermine the honor of the defense forces;
10/ where any member of the defense forces fails
to inform on time to his leadership or superior the loss of his identity card
in any manner;
11/ where any member of the defense forces is
found out of his duty without good cause at working hours in or outside a
military camp;
12/ where any member of the defense forces gets
intoxicated with alcoholic beverage;
13/ where any member of the defense forces
misappropriate without permission of its owner a property or money of small
value not belonging to him;
14/ where any member or commander of the defense
forces fails to execute on time a disciplinary penalty that he needs to execute
against a member sentenced to simple disciplinary penalty.
72.Rigorus Disciplinary Offenses
Any member of the defense forces shall be
punished with rigorus disciplinary penalty where he commits any of the
following grave disciplinary offences;
1/ commits or collaborates with those who
commit acts endangering or contradictory of the constitution or the
constitutional order or fails to exert all effort to avert such offense;
2/ commits acts contrary to the solidarity of
the defense forces on the basis of nation, nationality, ethnicity, region, sex,
religion and the like;
3/ passes a decision that is contrary to the
law;
4/ concludes marriage before the time limit for
concluding marriage, or conceives or makes another to conceive, or gives birth;
5/ concludes marriage with another member who
doesn’t reach the time limit set for concluding marriage, or conceives or makes
such member conceive, or give birth to a child;
6/ commits anywhere sexual harassment, or
demonstrates improper sexual behavior, or commits acts of adultery and such
other acts that strain the solidarity and relationship of the defense forces;
7/ commits or attempts to commit sodomy or
homosexual offenses;
8/ fails to or is unwilling to give rations to
his children;
9/ fails to make ready the army for duty, to
take the necessary care or preventive measure, and as a result damage or injury
to the life or body of the army, to the property or of the Ministry or the
Government has materialized;
10/ fails to give a decision in his capacity on
time or, to give the necessary leadership expected of him, and as a result
military task is delayed or hindered or damage or injury to life, body or
property has materialized;
11/ fails to carry out his duty or to do what he
ought to have done as a soldier, and as a result damage or injury to the life
or body of the army, to the property or money of the Ministry or the Government
has occurred;
12/ fails to appear or report at the time and
place he is ordered to appear or report having heard or known that a standby
order is given;
13/ fails to carry out his duties in accordance
with provisions laid down in duty performance manual;
14/ shows indolence in various ways in order not to
carry out his military duty or terminates service before completing his
contract of service;
15/ fails to observe or contravenes safety measures
issued by the Ministry or that need be followed as per the practice of the
profession requires.
16/ contravenes military residential camp
directives of the Ministry;
17/ fires bullet without authorization or at
unnecessary time or place;
18/ contravenes directives or rules that he needs
to observe in a military camp, military residential camp, military offices and
such other places or disregards orders given to him by a military disciplinary
officer;
19/ commits for the third time a simple disciplinary
offense having been punished twice for simple disciplinary offenses in one
year;
20/ fails to fulfill military discipline;
21/ gambles or is found at places of gambling;
uses or traffics drugs or is found in possession of drugs;
22/ gets intoxicated habitually or hinders work,
causes disorder or turmoil at the work place or in residential quarters;
23/ gives without authorization statements to the
mass media regarding the Ministry or on such other matters that does not
concern him;
24/ discloses or passes over to another person a
secret that he knew in the course of carrying out his duty or makes such secret
to be known by any means or fails to do the necessary care to prevent such
secret from being disclosed;
25/ fails to carry out what is proper to prevent
his comrades, public officials and the economic and social institutions of the
nation from danger;
26/ fails to carry out his job in accordance with
directives given to him, job description, or work procedure; or where damage
results in due to such failure;
27/ fails to discharged his responsibility when
serving the defense forces, through discriminates among members of the defense
forces; or causes damage to the life and health of members;
28/ fails to carry out duty or task given to him
from the Ministry or in connection with governmental duty or expresses his
disobedience or objection to the order or directive either verbally, action,
sign, or silence;
29/ hides, destroys, cancels, changes its contents,
enters into it incorrect data or gives to a wrong person a personal file or
evidence that he takes delivery of or is preserved properly when being
responsible for organizing or keeping personal files of members of the defense
forces;
30/ fails to give to a person terminating contract
of service with the Ministry a written clearance bearing a seal and signature
or gives clearance without ascertaining that he has made delivery of the
property, money or weapon that he needs to make delivery or denies clearance
unjustly when serving as commander of the defense forces or administrative head
or staff;
31/ acts contrary to the provisions of the
directives in matters relating to promotion, education, training, assignment,
transfer, recruitment and such other similar matters;
32/ fails to execute in time the penalty that he
needs to execute on a member sentenced to rigorus disciplinary penalty;
33/ abuses his authority to assign or transfer
other members of the defense forces assigns or transfers with intent to benefit
or harm another or makes another suffer by failing to assign on time;
34/ assigns or transfers members without having the
authority to effect assignment or transfer or makes such other members
suffer;
35/ abuses his authority or power and gives or causes to be given to
members of the defense forces or other persons improper benefits or prevents
them from getting benefits due to them or takes to himself improper benefits;
36/ without having an authority or power, gives or
causes to be given to other persons improper benefits or prevents them to get
benefits due to them or takes to himself improper benefits;
37/ mistreats, insults, undermines or looks down
upon, abuses, menances or threatens persons in a manner that undermines the
relationship of the defense forces with the community;
38/ unwilling to effect the appropriate payment for
the services rendered to him or for goods he bought or makes the creditor
suffer or borrows irresponsibly over and beyond his means of repayment;
39/ beats, verbally abuses or assaults any person;
40/ commits theft, causes brawl or quarrel, or such
other immoral acts in a military residential camp or fails to correct or
control members of his family who commit such acts;
41/ commits an inappropriate act or an act of bad
exemplary either by himself or by his family or persons brought in to the camp
by him;
42/ commits an act at any place that is
contradictory to public moral;
43/ commits acts of deceit or fraud or gives a
false promise;
44/ causes harm on member of the defense force or
on a customer with vengeance;
45/ engages in or spreading rumor or gossip that
creates dissension or mistrust among members of the defense forces or their
families or other persons; or creates or attempts to create confusion among
members of the defense forces;
46/ fails to properly use, wastes negligently or
intentionally, damages, sells, lends or inappropriately transfers to another
the property given/entrusted to him in connection with his duty;
47/ destroys, damages, squanders, wastes, lends or
transfers to another the property or money of the Ministry by acting outside
the scope of his authority;
48/ uses for himself or causes others not deserving
to use property given to him for work or as a result of being a soldier;
49/ takes the property of another without prior
authorization or fails to return it on time or returns it damaged due to defect
in handling or fails to pay the proper compensation;
50/ commits petty theft or petty breach of trust;
51/ loads on a vehicle of the Ministry a person or
goods prohibited to be loaded or cooperates with anyone who so carries;
52/ carries or causes to be carried, traffics,
transports contraband goods by a military or civilian vehicle or any other means
of transport, or cooperates with others in any other way in such activity፣
53/ contravenes the traffic rules acting as a
driver of the Ministry;
54/ disrespects or is disobedient to carry out
orders given to him by a military traffic officer in accordance with the
traffic rules, when acting as a driver of the Ministry;
55/ fails to report forthwith, the traffic accident
caused to the vehicle of the Ministry, to his superior, the vehicle
administration of the Ministry, or insurance unit of the Ministry;
56/ fails to inform forthwith to the legal section
or department of the Ministry whether or not the damaged vehicle has insurance
coverage, name and address of the driver and such other relevant information,
when working in vehicle administration or insurance unit of the Ministry, or
head or worker of the fleet management or of the unit using the vehicle injured
by traffic accident;
57/ shows or demonstrates recklessness on the duty
of security, sleeps, leaves his place of guard or commits any omission contrary
to the operation or duty of guarding security, when given a guarding duty;
58/ ill-treats/abuses or makes suffer any member of
the defense forces, civil servant/personnel or client/stranger who goes in or
comes out of a military residential camp or office, when serving as security
officer on duty or head of a security unit;
59/ disrupts security works contrary to security
operations in place;
60/ is found at a place or time forbidden for
purposes of safety and security;
61/ publishes or causes to be published,
disseminates or shares through social websites or print media or any electronic
means a writing/works, sign, picture that preaches or encourages disorder,
hatred, war, conflict;
62/ encourages or introduces or states or shows his
support or appreciation on any
electronic media for a force labeled an enemy or a terrorist
63/ holds, wears, removes from the place it is
lawfully affixed or hangs over, burns, tears or destroys a poster or an emblem
of a candidate of a political party;
64/ is involved in smear campaigning, insulting, or
disrespecting the Ministry or the leaders ship or its members;
65/ campaigns in support or opposition of a
political party by way of speech, in writing, poster or such other means among
the members of the defense forces or the civilian;
66/ preaches or teaches his religion in the
military camp, fortress, office, residential camp or such other places;
67/ fails to report malpractices when he is well
aware of the wrong doings against the interests of the Ministry;
68/ whistle blows falsely with intent to hurt
another person or to procure benefit for himself;
69/ commits menance undue influence, discrimnaton,
suffer, disrespect, mistreat or dismissal from work on a person who provids information relating to
unethical activities of individuals and corruption which observe in the Ministry;
70/ inflicts or attempts to inflict harm to himself
or attempts to commit suicide by any means;
71/ contravenes rules or directives of safety and
hazard preventive measures puts himself in situations where he couldn’t
exercise control over his body or mind;
72/ contravenes the duties and prohibitions
mentioned in this Regulation and commits other offences similar to this Article
provision.
73/ The following rigorus disciplinary offenses
shall entail stripping of a rank:
a) desertion;
b) intentional weakening of the army/ defense
forces;
c) creating disorder among the armed forces;
d) negligently inflicting heavy damage on the
public or the defense forces.
part Nine
Investigation
of disciplinary offences
73.Establishment of
Disciplinary Offence Investigation Committee
1/ Adisciplinary offence investigation committee
that investigates into rigorus disciplinary offenses and makes recommendations
shall be established at a company, regiment or other military units of
equivalent level.
2/ The total number of members of the committee
shall be five of whom three shall be permanent and the others shall be on the
waiting list; and their term of service shall be for two years.
3/ Without prejudice to the provisions of
sub-articles (1) and (2) of this Article, an ad hoc disciplinary investigation committee shall be established at
military units higher in level than a regiment, as the case may be.
4/ The members of the investigation committee
shall be chosen by the unit or members of the military unit in general; and
they shall be known for their good conduct and respect of discipline and
accountable to the organ that elected them.
5/ Where a member of the committee fails to carry
out effectively the responsibility bestowed upon him, he shall be removed and
replaced by another through election.
6/ Where grave disciplinary offense is committed
the commander of the relevant military unit shall refer the case in writing to
the disciplinary investigation committee of the military unit.
7/ A member of the committee with a dissenting
opinion or vote shall state such dissenting opinion in the investigation report
of the committee.
8/ The leadership of the military unit or unit
shall decide by vote the penalty to be inflicted taking into account the
penalty set out for each offense in this Regulation, by considering the
extenuating and aggravating circumstances.
9/ There shall be a quorum where three members
are present at a meeting.
10/ The recommendations of the committee shall be
passed by a majority vote of those present at the meeting, in case of a tie,
the chairperson shall have a casting vote.
74.Charges
1/ A disciplinary charge shall be signed by the
commander or official of the concerned military office/unit and bear the seal
of such military office/unit and contain the following:
a) the name of the accused;
b)
particulars of the offense;
c) the time and place the offense materialized;
d) the provisions of the law contravened; and
e) the list of evidences.
2/ Where a member is charged with more than one
offense, each count shall be described separately in accordance with
sub-article 1(b) to (e) of this Article.
75.Amendment of
Charge
1/ Where
it is discovered that a disciplinary charge contains essential errors or
omissions regarding the particulars of the offense, it may be amended at any
time before submitting a recommendation thereon.
2/ The commander or official of the concerned
military office/unit may amend a disciplinary charge pursuant to sub-article
(1) of this Article on its own initiative or upon the request of the
disciplinary committee.
76.Discontinuance
of Charge
Where
the service of an accused member of the defense forces is terminated on any
ground, the hearing of the charge shall be discontinued.
77.Service of
Charge
1/ The
disciplinary committee shall cause the charge filled as per the annex in
this regulation, to be served on the
accused member together with copies of evidence attached therewith and summon
him to appear with his statement of defense.
2/ The summons shall indicate the place, date
and time of the hearing and shall be served on the accused at least ten days
before the date of the hearing.
3/ Where the charge could not be served because
the whereabouts of the accused is unknown or he is unwilling to receive it, the
summons shall be posted on the notice board of the concerned military
office/unit or at a conspicuous place of the member’s unit for 10 days.
78.Preliminary Objection
1/ An
accused who has been served with a charge in accordance with Article 74 of
this Regulation may raise objection to
the hearing of the charge on the ground that
a) it has been barred by limitation in
accordance with this Regulation; or
b) the alleged misconduct could not result in
prosecution for disciplinary offense; or
c) a decision has previously been given on the
same charge.
2/ The disciplinary committee shall:
a) submit recommendation on the dismissal of the
charge to the commander or official of
the concerned military unit where it upholds the objection; or
b) order the accused to submit his statement of
defense where it dismisses the objection.
79.Statement of Defense
1/ Where
an accused member of the defense forces admits or denies a disciplinary charge,
he shall do so in writing (following the format in annex 2 of this Regulation)
by specific admission or denial of every element of the alleged offense.
2/ Any
statement of defense shall be signed by the accused and shall contain the
following:
a) the response given to every alleged fact or
offense in the charge; and
b) the list of evidence and witnesses that the
accused wants to be seen and heard for his defense.
3/ The accused shall annex to his statement of
defense copies of documentary evidence in his possession and indicate the
custodians of those documents not in his possession for them to be produced by
order of the disciplinary committee.
80.Admission or Denial of Charge
1/ Where
the accused admits the charge, the disciplinary committee shall, unless it
finds it necessary to make further investigations, examine the charge and the
statements of the accused and thereby give its recommendation.
2/ Where the accused denies the charge, the
disciplinary committee shall investigate the charge by hearing testimony of
witnesses and examining the documentary evidence of both parties.
81.Production of Evidence
The
disciplinary committee shall request the concerned body to produce copies of
documentary evidence demanded by the accused.
82.Summoning of Witnesses
1/ The
disciplinary committee shall summon the witnesses of both parties to give their
testimonies.
2/ Witnesses required to testify on the same or
related issues shall be summoned to appear at the same time and be heard in
turns.
3/ The disciplinary committee may on its own
motion call any additional witness where it deems it necessary.
83.Hearing of witnesses
1/ The disciplinary committee shall
examine witnesses in the presence of the accused and the commander, or
official, or his representative.
2/ Notwithstanding
the provisions of sub-article (1) of this Article:
a) prosecution witnesses may be heard in the
absence of the accused where the accused fails to appear while being informed
of the date of the hearing; or
b) defense witnesses may be heard in the absence
of the commander or official of the concerned military unit/ office where the
commander or official fails to appear while being informed of the date of the hearing.
3/ The disciplinary committee shall record the
testimony of the witness in a form of verbatim, when he responds to questions
related to the charge, as what he has personally seen, heard or observed.
4/ Notwithstanding the provisions of sub-article
(3) of this Article, the party that called the witness may ask further
questions and demand the additional testimony to be recorded.
5/ Prosecution witnesses may be cross examined
by the accused, the defense witnesses may be cross examined by commander or his
representative respectively, and those additional witnesses called by the
disciplinary committee may be cross-examined by both parties.
6/ Questions raises in the form of
cross-examination shall tend to clarify to the disciplinary committee what is
not correct in the answers given in the examination-in-chief.
84.Final opinion of the Accused
Prior to the
conclusion of the inquiry, the disciplinary committee shall give the accused an
opportunity to express his final opinion.
85.Report on an Inquiry
1/ The
disciplinary committee, after the conclusion of the inquiry, within not more
than 15 days, shall submit the findings and its recommendation to the commander
or official of the concerned military office
2/ If the findings of the inquiry proves the
accused guilty, the recommendation of the disciplinary committee shall indicate
the penalty to be imposed.
3/ The recommendation of the disciplinary
committee with regards to penalty shall take into consideration:
a) the
gravity of the offense and the circumstances under which it was committed;
b) the commendable ethical conduct and
accomplishment of the accused manifested in his past performances; and
c) the past disciplinary records of the
accused.
4/ Where the accused is found not guilty at the
conclusion of the inquiry, he shall be provided with a letter evidencing his
acquittal.
86.Decision of the Commandant
1/ The
commander or official of the concerned military unit, upon examining the report
submitted under Article 85 of this Regulation may:
a) approve
the recommendation of the disciplinary committee; or
b) request
the higher authority to approve, if it’s beyond the scope of his
authority; or
c) decide
otherwise or give a differing opinion; or order the committee to further investigate
the charge, if he has good reasons.
2/ A commander of the concerned military
office or unit who received the recommendation of the disciplinary committee
shall have the duty to give decision in not more than 10 days.
3/ Where a commander of the concerned
military office or unit who received the recommendation of the disciplinary
committee has no authority, he shall have the duty to refer same to the
concerned higher authority together with his opinion within five days of
receipt of the recommendation.
87.Responsibilities of the Disciplinary committee
1/ The disciplinary committee in the course of
investigating a charge shall have the following duties and responsibilities:
a) to
ascertain the identity, rank and responsibility of the accused;
b) to read
the charge to the accused;
c) ask the
accused if he has a preliminary objection to the charge;
d) rule on the objection, if the accused has
raised an objection;
e) ask the accused if he admits or denies the
charge and record it in the manner he states the admission or denial;
f) give decision if the accused admits to the
charge, where it does not need to investigate the case further;
g) to order the prosecutor to produce his
evidence where the accused denies the charge;
h) let the
prosecution to make an examination in chief of his witnesses and the accused to
cross examine them; and the prosecution to re-examine them;
i) let the
accused to make an examination in chief of his witnesses and the prosecution to
cross examine them; and the accused re-examine them;
j) to interrogate at any time the witnesses of
both parties when it deems it necessary for rendering justice;
k) to summon
and hear at any time additional witnesses when it deems it necessary for
rendering justice;
l) to accept and weigh relevant and admissible
documentary evidence;
m) to record and weigh testimony of each witness;
n) let the
prosecution and the accused to utter a final statement about the law and the
facts;
2/ The
investigation committee shall reach a decision whether the accused is guilty or
not by examining the validity of testimonies and documentary evidence of both
parties and reasons thereof and by stating the law it has based its decision
on. It shall declare its recommendation in the presence of both parties.
3/ If the
investigation committee finds the accused guilty it shall allow both parties to
state their extenuating and aggravating circumstances that they may have.
4/ The
recommendation that the committee submits regarding penalty shall consider the
grounds specified under Article 85(3) of this Regulation.
5/ The
investigation committee shall state the relevant provision of the law applied
to recommend the penalty.
6/ The investigation
committee shall submit to the commander or official with the inquiry report a
copy of the investigation file.
88.Appeal
1/ A member of the defense forces against whom
a disciplinary penalty is imposed may appeal within 15 days from the day when
he is told or has taken delivery of the decision.
2/ The superior commander or official to whom
an appeal is made shall give decision within 15 days of such appeal.
3/ An appeal may be lodged to the commander or
official higher in level than the commander or official who gave the decision.
In case the appellant is not satisfied with the decision of the appellate
leadership, he may lodge second appeal to the commander or official higher in
level than the commander or official who received and gave the decision on the
first appeal.
4/ An
officer up to the rank of lieutenant colonel or colonel may take his appeal up
to the Chief of the General Staff of the Defense Forces.
5/ If the
disciplinary penalty is dismissal, the execution of the penalty shall be stayed
until the appeal is decided.
6/ Notwithstanding
the provisions of sub-article (3) of this Article, a decision by the Chief of
the General Staff of the Armed Forces on any administrative grievance or
disciplinary penalty brought on appeal shall be final.
89.Period of
Limitation
1/ A charge not brought within one month from the
day a disciplinary offense is committed or is known to have been committed
shall be barred by period of limitation.
2/ Any disciplinary penalty shall be barred by
period of limitation if not executed within one month from the day it is
imposed. If however it is impossible to
execute forthwith penalties such as delaying promotion in rank or step if not
executed within one month from the day it should have been executed it shall be
barred by period of limitation.
90.Record
1/ A disciplinary penalty imposed on any member
of the defense forces shall remain on record and be invoked against him:
a) for one
year from the day it is imposed, if it is a simple disciplinary penalty;
b) for three
years from the day it is imposed, if it is rigorus disciplinary penalty;
2/ Any member of the defense forces who has
completed the limitation period specified under sub-article (1) of this Article
shall have the right to request that the record be removed from his personal
file.
PART Ten
grievance SUMISSION Procedure
91.Right to Submit Grievance
1/ Where any member of the defense forces feels
that his rights are encroached upon /violated or that he shall have the right
to request the concerned commander to examine his grievance and give solution
2/ Without prejudice to the generality of the
provisions of sub-article (1) of this Article any member of the defense forces
having grievance on:
a) interpretation or application of laws and
directives;
b) observance of rights and benefits;
c) assignment, various selection/
recruitment and granting of rank;
d) undue influence by commanders;
shall have the right to lodge his grievance.
92.Establishment of a Grievance handling Committee
1/ A permanent grievance handling committee shall
be established at a regiment and military units of equivalent or higher level.
2/ The number of members of the committee shall
be five and shall be chosen to serve for two years.
3/ The committee shall elect chairperson and a
secretary among themselves.
4/ There shall be a quorum where three members of
the committee are present at a meeting.
5/ Decisions of the committee shall be passed by
a majority vote of those members present at the meeting; and in case of a tie
the chairperson shall have a casting vote.
93.Application of grievance
1/ Any member of the defense forces having
grievance may submit his grievance application to the grievance hearing
committee of his military unit.
2/ The grievance application shall contain the
following:
a) the name and identification number of the
applicant;
b) appellation of the position;
c) name of his immediate superior;
d) cause of his grievance;
e) supporting evidence, if any;
f) the relief the applicant is seeking;
g) date and signature.
94.Time limit for submission of Grievance
1/ Any member of the defense forces having
grievance may submit his grievance application within 10 days from the day when
he discussed same with his immediate superior or the concerned official and if
no acceptable solution comes out from such discussion.
2/ Where the member due to force majeure couldn’t
submit his grievance application within the time limit specified under
sub-article (1) of this Article, he may submit his application within 10
working days from the date of cessation of the force majeure,
95.Investigation of grievance
1/ The grievance handling committee of a military
unit upon receipt of an application of grievance shall accept and register it
after verifying that it meets the particulars provided under Article 93 (2).
2/ The grievance handling committee shall examine
the grievance submitted to it by:
a) examining the grievance application and
the relevant evidence;
b) discussing with the applicant and his
immediate superior;
c) considering the relevant laws,
regulations, directives and practices.
3/ The committee
shall submit a report containing the result of the investigation and
recommendation to the head of the unit in not more than 15 days at the latest
from the day when the application is lodged.
96.Rendering of judgment
1/ The head of the military unit or his
representative may, within 10 days upon receipt of the report of the grievance
committee shall:
a) approve the
recommendation of the committee; or give a different decision, or
b) order the committee to review its
decision
2/ The decision shall be given to the applicant
in writing.
97.Principle of Conflict Resolution
1/ Any conflict or disagreement that may arise
between two members of the defense forces shall be resolved through discussion
of the members concerned.
2/ In case where they fail to reach at an
agreement or solve the problem, another third member of the defense forces who
is considered to be neutral shall be invited to intervene and mediate them, if,
however, the problem is not yet resolved the case shall be brought to the unit
and resolved through an evaluation and participation of the members of the
unit.
3/ In case where the nature of conflict or
disagreement is serious or grave or it has resulted in bodily injury or damage
on property, it shall be taken as either disciplinary or criminal case, as it
may be appropriate.
part Eleven
Miscellaneous Provisions
98.Inapplicable laws
No Regulation,
directives or practices may, in so far as it is inconsistent with this
Regulation, be applicable with respect to matters covered under this Regulation.
99.Directives
The Ministry may issue directives necessary
for the implementation of this Regulation.
100.Effective date
This Regulation shall enter into force on
the date of its publication in the Federal Negarit Gazette.
Addis
Ababa this 6th day of May,
2016
Hailemariam Desalegn
Prime
Minister of the Federal Democratic Republic of Ethiopia
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