Defense Forces Administration Council of Ministers Regulation No. 385-2016

 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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