OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA Year No. 63 ADDIS ABABA - 34 June , 2003 CONTENTS Proclamation No. 343/2003 Defense Forces ( Amendment ) Proclamation PROCLAMATION NO . 343/2003 A PROCLAMATION TO AMEND DEFENSE FORCES PROCLAMATION WHEREAS , it is found necessary to amend the Defense NOW , THERFORE , in accordance with Article 55 ( 1 ) and ( 7 ) of the constitution of the Federal Democratic Republic of Ethiopia , it is herby proclaimed as follows : 1. Short Title This Proclamation may be cited as the ‘ Defense Forces ( Amendment ) Proclamation ” No.343 / 2003 . 2. Amendment The Defense Forces Proclamation No.27 / 1996 is hereby amended as follows : 1 ) The Following new Sub - Articles are added under Article 2 ( Definition ) and Sub - Article 6 has become Sub- Article 10 . 6 ) “ Non - Commissioned Office ” includes mem bers ranging in rank from Lance Corporal to Chief Warrant Officer under the Ground Force and Jonior Aircraftsman to Chief Warrant Officer under the Air Force . 7 ) “ Jonior Officer ” includes those members rap ging in rank from Second Lieutenant to Cap tain . 8 ) “ Senior Officer ” includes those members rap ging in rank from Major to Colonel . Unit Price The African Law Archive 9 ) . " Combat ” means all military duties performed by a member of the Defense Force from the time of employment until discharged from service . 10 ) “ Military Court ” means_courts established under Article 25 of this Proclamation . 2 ) The Wording of Article 3 Becomes Sub - Article 1 and new Sub - Article 2 is added . 3 ( 1 ) The National Defense Forces of the Federal Democratic Republic of Ethiopia consist of the Ground Foröcs and the Air Force . 3 ( 2 ) Each Force may have reserve force as may be necessary . 3 ) The following New Subkarticle ( 4 ) is added under Article 6 . 6 ( 4 ) Whenever someone is assigned to any level of military position , he shall be given the required training and education so that he can carry out assignment efficiently . 4 ) The following new Sub - Article ( 5 ) is added under Article9 9 ( 5 ) Term of service in the Ground Force for ranks ranging from Master Sergeant to Chief Warrant Officer and in the Air Force for rằnks ranging from Junior Technician to Chief Warrant Officer shall be 48 years . 5 ) The following New Sub - Article 4 is Added Under Article 13 13 ( 4 ) unable to perform his military duties per manently due to injuries contracted whịle giving the service or die because of such injuries , the right shall be handled in - accordance with Retirement Law . 6 ) The following new Sub - Article 1 from letters d to k are added and from letters 1 to u are rearranged in sequence under Article 19 . ( d ) Master Sergeant ( e ) First Sergeant ( f ) Staff Sergeant Major ( g ) . Command Sergeant Major ( h ) Junior Warrant Officer ( i ) Senior Warrant Officer j ) Master Warrant Officer ( k ) Chief Warrant Officer ( 1 ) Second Lieutenant ( 0 ) Major ( p ) Lieutenant Colonel ( 9 ) Colonel ( r ) Brigadier General ( s ) Major General ( t ) Lieutenant General The African Law Archive 7. Sub - Article 3 of Article 19 is deleted and replaced by the following new Sub - Article 3 “ Air Force ” ( a ) Junior Aircraftsman ( b ) Senior Aircraftsman ( c ) Leading Aircraftsman ( d ) Junior Technician ( f ) Leading Technician ( g ) Master Technican ( h ) Junior Warrant officer ( i ) Senior Warrant Officer ( J ) Master Warrant Officer ( k ) Chief Warrant Officer 8. Sub - Article 2 of Article 20 is deleted and replaced by the following new Sub - Article 2 20 ( 2 ) promotions shall be given by the following organs : ( a ) A Corps of Force -Commander or a commander having similar rank shall giver promotion in the Ground Force of Lance - Corporal to Chief Warrant Of ficer and in the Air Force of Junior Aircraftsman to Chief Warrant Officer in accordance with the decision to be given by the Office of the General Chief of Staff . ( b ) Second - Lieutenant to major by the general Chief of Staff . ( c ) Lieutenant - Colonel or Colone by the Counsel of Defense . ( d ) General Officers by the Head of state upon recommendation by the Com mander - in - Chief of the Defense For 9. Sub - Article 2 of Article 22 is deleted and replaced by the following new Sub - Article 2 22 ( 2 ) Cases of dismissal of General Officers shall be looked intoby the Defense Council and final decision shall be rendered by the Commander - in - Chief of the Defesne forces . 10. Sub - Article 3 of Article 22 is deleted and replaced by the following new Sub Article 3 22 ( 3 ) Where it finds necessary the leadership organ or the council shall call upon and hear the would - be dismissed officer before a final decision is reached under Sub - Ar ticles ( 1 ) and ( 2 ) of this Article . 11. Article 25 is deleted and replaced by the following new Sub - Article 25 . 25. Establishment There shall be the following military courts to hear cases brought pursuant to Article 26 of this Proclamation . ( 1 ) The Prrimary Military Court ; and ( 2 ) The Appellate Military Court . 12. Sub - Article 2 of Article 26 is deleted and replaced by the following new Sub - Article 2 26 ( 2 ) Without prejudice to Sub - Article ( 1 ) of this Article any offense committed by a mem ber of the Defense force on combat duty . 13. Article 29 is deleted and replaced by the following new Article 29 The African Law Archive 29. Appointment of Judges , Term of Service and Termination 1 ) ( a ) Military judges sitting in the Primary Military Court shall be appointed by the Council upon recommendation by the General Chief of Staff . ( b ) In the Appellate Military Court there shall sit one Civilian judge and two officers to be appointed by the Com mander - in - Chief of the Armed Forces upon recommendation by the Minister . 2 ) Term of service for judges both in Primary and Appellate Military Courts shall be 5 years . 3 ) Judges can be removed because of illness or when decided that they are inefficient in performance or their work and when com mitting disciplinary offense . 4 ) Where it is stipulated by other law regar ding termination . 14. Sub - Article 5 of Article 30 is deleted . 15. Sub - Article 6 of Article 30 is deleted and replaced by the following new Sub - Article 5 30 ( 5 ) Officers sitting in military court , pursuant to sub - Articles ( 1 ) ; ( 2 ) and ( 3 ) of this Article shall be at least similar in military rank . 16. Sub - Article 6 of Article 30 is deleted and replaced by the following new Sub - Article 6 30 ( 6 ) Judges shall be free from any interference of influence of any government body . 17. The title of Article 31 is deleted and replaced by the following 31. Jurisdiction of Appellate Court 18. Sub - Article ( 1 ) of Article 34 is deleted and replaced by the following new Sub - Article ( 1 ) 34 ( 1 ) A person charged with an offence has the right to hire his own counsel . 19. Sub - Article 2 of Article 34 is deleted and replaced by the following new Sub - Article ( 2 ) 34 ( 2 ) The state shall provide a defense counsel to a person charged with an offence punishable with imprisonment of not less than five years and is unable to retain a counsel . The African Law Archive 20 ) New Sub - Article 3 is added under Article 34 . 34 ( 3 ) the Court may decide that the defense counsel to be appointed shall be from among members of the Defense Force . 3. Effective Date This Proclamation shall enter into force as of the 3rd day ! of June , 2003 . Done at Addis Ababa , 3rd day of June , 2003 PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive