OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 2 Year No . 15 ADDIS ABABA - 15h February , 1996 CONTENTS Proclamation No . 27 / 1996 Defence Forces Proclamation Page 145 PROCLAMATION NO . 27 / 1996 A PROCLAMATION ON THE DEFENCE FORCES OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA Forces safeguard the country ' s sovereignty , embody a fair representation of Nations , Nationalities and Peoples and carry out their functions in a manner free from po itical loyalties : NOW , THEREFORE , in accordance with Article 55 ( 1 ) of Ethiopia , it is hereby proclaimed as follows : PART ONE General 1 . Short Title This Proclamation may be cited as the “ Defence Forces | Proclamation No . 27 / 1996 . ” | 2 . Definitions In this Proclamation , unless the context otherwise requires : 1 ) “ Commander ” ' means a person authorized to direct and administer a military unit formed at any level of the National Defence Forces ; Unit Price www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com | 2 ) “ Minister ” or “ Ministry ” means the Minister or the a Ministry of National Defence , respectively ; 3 ) “ Member of the Defence Forces ” means a person who renders military services in the National De fence Forces on a permanent basis ; 4 ) “ Officer ” includes those members of the Defence Forces ranging in rank from Second - Lieutenant to General ; 5 . “ General Officer ” means a person with the rank of Brigadier - , Major - , Lieutenant - General and General ; 6 ) “ Military Court ” means courts to be established under Article 25 of this Proclamation . PART TWO Military Service 3 . Organization of the Defence Forces The National Defence Forces of the Federal Democratic Republic of Ethiopia shall consist of the Ground Force and the Air Force . 4 . Recruitment 1 ) The Ministry may , in accordance with criteria periodically issued by it , recruit persons fit and willing for military services . 2 ) Recruitment made by the Ministry , under sub - Article ( 1 ) of this Article , shall embody a fair representation of Nations , Nationalities and Peoples . 3 ) Officers shall be recruited only from among the ranks of the Defence Forces . 5 . Employment Any military recruit shall sign a contract of employment in accordance with directives to be issued by the Ministry . | 6 . Military training 1 ) Every member of the Defence Forces shall receive basic military training before going into service . 2 ) Members of the Defence Forces on active duty shall be trained in diverse skills , as necessary , considering their individual disposition and competence . 3 ) Anyone from among the ranks of the Defence Forces satisfying the criteria to be issued by the Ministry shall receive training that qualifies him for officer service . | 7 . Military Oath Every member of the Defence Forces , upon completion of the basic military training and before going into service , shall take a military oath . 8 . Duties of Members of the Defence Forces Every member of the Defence Forces shall have the duty to uphold the Constitution as well as to obey military laws , rules , directives and all standing orders . 9 . Term of Service 1 ) Every member of the Defence Forces shall be employed for a seven - year term of service . Where the member is willing to serve for additional time and the Ministry so agrees , the period of service may be extended ; without , however , going beyond the age of 45 . www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com 2 ) Any member of the Defence Forces shall serve for , at least , seven years subsequent to having attained the rank of lance - corporal , corporal and sergeant or the equivalent . However , such service may not extend beyond the age of 45 . 3 ) Any member of the Defence Forces shall serve for , at least , ten years subsequent to having become an officer . Such service , however , may not extend beyond the following age - limits : ( a ) Second - Lieutenant to Captain . . . . . . . . . . . . . 48 years ( b ) Major to Colonel . . . . . . . . . . . . . . . . . . . . 52 years ( c ) General Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 years 4 ) Where it finds it necessary , the Ministry may extend the term of service of officers for a period of not more than two years . 10 . Entitlements Any member of the Defence Forces on active duty shall be entitled , in accordance with the relevant internal directives of the Ministry , to rations , housing , uniform , travel expenses and medical care , free of charge . 11 . Termination of Service Subsequent to examination of the case by the leadership organs of the home - unit and where approved by the competent authority , the service of a member of the Defence Forces shall be terminated upon : 1 ) expiry of his contract of employment ; 2 ) his death ; 3 ) acceptance by the Ministry of his offer for resig nation ; 4 ) a medical board testifying his unfitness for further military service owing to serious illness or , mental or physical handicap suffered ; 5 ) his being criminally convicted by a law court and where decided that the offence disqualifies him from service ; 6 ) it becoming impossible to retain him because of changes in the structure of the Ministry ; 7 ) his service being confirmed undesirable due to incompetence in the performance of regular military duties , failure in leadership or misconduct ; and 8 ) his retirement . 12 . Deferment of Discharge from Duty Any member of the Defence Forces shall be obliged to remain in service , even beyond the respective term of service , where national security is endangered or during times of war . 13 . Compensation for Service and Retirement 1 ) A member of the Defence Forces shall , in accordance with directives to be issued by the Ministry , be entitled to compensation where discharged upon completion of the stipulated seven years ' service ; 2 ) Where the service of a member of the Defence Forces is terminated not voluntarily but for various other reasons , before completion of the stipulated term of seven years , he shall be entitled to fair compensation in accordance with directives to be issued by the Ministry ; www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com under sub - Articles ( 1 ) , ( 2 ) and ( 3 ) of Article 9 hereinabove , shall also be deemed to be retirement age - limits for purposes of the application of Pension Laws . Any member of the Defence Forces shall have the obligation to accept assignments and render services both inside and outside the country , as necessary , in accordance with relevant regulations . | 15 . Medals , Orders and Prizes Any member of the Defence Forces shall be awarded with medals , orders or prizes for notable service , heroism as well as for new findings or creative work , in accordance with the relevant laws , internal regulations or directives . 16 . Leave In accordance with directives to be issued by the Ministry , a member of the Defence Forces shall be entitled to annual leave and special leave for social activities . In the event that a member of the Defence Forces is found to have transgressed military laws , rules , directives and standing orders and the offence is too minor to be brought before a military court , the case shall be disposed of under the Defence Forces ' Disciplinary Directives . 18 . Complaints Any member of the Defence Forces shall have the right to make a complaint and obtain a decision , in accordance with the Defence Forces ' Disciplinary Directives , where he has suffered an administrative wrong or is aggrieved by a disciplinary measure taken against him . Every Commander shall have the duty to give timely decisions on such complaints . PART THREE Promotion , Service And Dismissal 19 . Ranks The ranks in the Defence Forces are the following : 1 ) Ground Force : ( a ) Lance - Corporal , ( b ) Corporal , ( c ) Sergeant , ( d ) Second - Lieutenant , ( f ) Captain , ( g ) Major , ( h ) Lieiutenant - Colonel , ( i ) Colonel , ( k ) Major - General , ( 1 ) Lieutenant - General , ( m ) General . www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com 2 ) The ranks in the Air Force ranging from Second Lieutenant to General are similar to those in the Ground Force . 3 ) The ranks below that of Second - Lieutenant in the Air Force are the following : ( a ) Junior Aircraftsman , ( b ) Senior Technician , ( c ) Master Technician . 4 ) Ranks , other than those specified hereinabove , held by members of the former army shall remain in transitory use unless upgraded by way of promotion . | 20 . Procedure of Promotion 1 ) In accordance with directives on promotions to be issued by the Ministry , a member of the Defence Forces shall be promoted for excellence in the performance of military duties , the observance of discipline and in qualities of leadership . 2 ) Promotions shall be given by the following organs : ( a ) a Corps - or Force - Commander shall give promotions of Lance - Corporal to Sergeant and Junior Aircraftsman to Master Technician , in accordance with the quota to be allocated by the Office of the General Chief of Staff ; ( b ) Second - Lieutenant to Major , by the General Chief of Staff ; Lieutenant - Colonel or Colonel by the Council of Defence Commanders , which consists of Heads of Departments in the Headquarters of the Armed Forces as well as Corps - and For ( d ) General Officers by the Head of State , upon recommendation by the Prime Minister . 3 ) Promotions shall be given where : ( a ) there is a vacancy thereto ; and ( b ) the person to be promoted satisfies the criteria set out in sub - Article ( 1 ) of this Article . An officer having received the benefit of specialized training or schooling shall , subsequent to its completion , have the obligation to serve for a period of not more than 12 years , as may be necessary . 1 ) Decisions on dismissal shall be made by the leadership organs empowered to give promotions under sub - Article ( 2 ) ( a ) , ( b ) , ( c ) and ( d ) of Article 20 herein . Cases of dismissal of General Officers shall be looked into by a Committee of not less than three persons appointed by the Commander - in - Chief of the Armed Forces . The Commander - in - Chief shall submit the Committee ' s recommendation , together with his opinion thereon , to the Head of State for final decision . 3 ) Where it finds it necessary , the leadership organ or the Committee shall call upon and hear the would - be dismissed officer before a final decision is reached under sub - Articles ( 1 ) and ( 2 ) of this Article . www . AfricanLawArchive . com * * * The African Law Archive * * * _ www . AfricanLawArchive . com PART FOUR Powers and Duties of the Minister and of the General Chief of staff 23 . Powers and Duties of the Minister The Minister shall have the following powers and duties : 1 ) to ascertain that the Defence Forces are loyal to , and stand firm in upholding , the Constitution ; 2 ) to submit and secure decisions on matters of defence which need to be examined and decided by the Council of Ministers ; 3 ) to initiate laws and rules governing the Defence Forces and ensure their implementation subsequent to approval ; 4 ) to submit budgetary requirements to the concerned Government organ and supervise allocations thereof are put to work ; 5 ) to supervise , as the superior authority , military plants and see to it that materials needed by the Defence Forces are available ; 6 ) to establish working relationships in respect of def ence matters with foreign governments , governmen tal and non - governmental offices and organizations ; 7 ) to coordinate nation - wide mobilization campaigns subject to Government directives . 24 . Powers and Duties of the General Chief of Staff The General Chief of Staff shall have the following powers and duties : 1 ) to direct , as the superior authority , the Headquarters of the Armed Forces , preside over the meetings of the Council of Defence Commanders , coordinate its activities as well as ascertain that its decisions are implemented ; 2 ) to hold the territorial integrity and sovereignty of the Nation inviolable and execute a state of emergency . In the event of violations of peace and security beyond the power of Regions , to work out a plan for getting the situation under control and implement same upon approval ; 3 ) to organize the National Defence Forces in line with decisions by the Government ; 4 ) to ensure that the Armed Forces are , at all times , combat - ready ; subject to the directives and decisions of the Commander - in - Chief of the Armed Forces , to command the Armed Forces and direct military operations ; 6 ) to advise the Commander - in - Chief of the Armed Forces and the Minister on military matters . PART FIVE Military Courts There shall be the following Military Courts to hear cases brought pursuant to Article 26 of this Proclamation and to be established , as necessary , by officials referred to under Article 29 hereof : 1 ) the Primary Military Court ; and 2 ) the Appellate Military Court . www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com 26 . Jurisdiction of Military Courts Military Courts shall have jurisdiction over : 1 ) persons accused of military offences enumerated in the Penal Code ( Articles 296 - 331 , inclusive ) ; 2 ) without prejudice to sub - Article ( 1 ) of this Article , any offence committed by a member of the Defence Forces on active service ; 3 ) civilians deployed with members of the Defence Forces on combat duty abroad ; 4 ) offences committed by prisoners - of - war . 27 . Jurisdiction of Primary Military Court The Primary Military Court shall have jurisdiction over offences specified under Article 26 of this Proclamation . Where one of the several offences an accused person is charged with comes under the jurisdiction of a military court , all the charges shall be brought before the military court . 29 . Appointment of Military Courts 1 ) A Primary Military Court shall be appointed upon calling by the following officials or by an officer delegated by them : ( a ) the Commander - in - Chief of the Armed Forces ; ( b ) the Minister ; ( c ) the General Chief of Staff ; . ( d ) a Corps - or Force - Commander . 2 ) The Appellate Military Court shall be appointed upon calling by the Commander - in - Chief of the Armed Forces . ( 1 ) Any officer on active duty and having legal skills may sit in a Primary Military Court . However , unless the defendant agrees otherwise , no member of his home - unit may sit therein . 2 ) The case of an accused person whose offence is punishable by a prison - term of over two years shall be tried by not less than five officers in a Primary Military Court . 3 ) The case of an accused person whose offence is punishable by a prison - term of not more than two years shall be tried by not less than three officers in a Primary Military Court . 4 ) The number of officers specified in sub - Article ( 2 ) of this Article may , under circumstances of non availability , be reduced to three . - 5 ) In the Appellate Military Court there shall sit one civilian judge and two officers to be appointed by the Commander - in - Chief of the Armed Forces upon recommendation by the Minister . 6 ) Officers sitting in a military court , pursuant to sub Articles ( 1 ) , ( 2 ) and ( 3 ) of this Article , shall be , at least , one notch higher in military rank than the accused person . 31 . Appellate Military Court 1 ) The Appellate Military Court shall have jurisdiction to hear , on appeal , cases in which a sentence of imprisonment exceeding two years has been passed . www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com 2 ) The Appellate Military Court shall have the power to confirm , vary or reverse the judgement of the Primary Military Court . 3 ) In case of appeal against a sentence exceeding two years imprisonment , made within thirty days of its pronouncement , a Primary Military Court shall have the file transferred . 32 . Powers of the Federal Supreme Court The Federal Supreme Court shall have the power to hold a cassation hearing where a final judgement by a Primary and an Appellate Military Court contains fundamental error of law . Investigation and suit 1 ) Intensive and impartial investigation shall be carried out prior to bringing a case before a military court . 2 ) The power to cause the carrying out of the investigation of the case of a person to appear before a military court , under this Proclamation , shall be vested in the person having to appoint the military court . 3 ) A case for investigation , pursuant to sub - Article ( 1 ) of this Article , may be referred to a soldier or a team of soldiers or to the police as necessary . 4 ) Where he finds it necessary to bring a charge , the person having to appoint the military court shall refer the case to the concerned bodies upon com pletion of the investigation . 34 . Appointment of Counsel 1 ) The State shall provide a defence counsel to a person charged with an offence punishable with imprison ment of not less than five years and is unable to retain a counsel . The defence counsel to be appointed , pursuant to sub - Article ( 1 ) of this Article , shall be from among members of the Defence Forces . 1 ) Any prison - term may be served in military or civilian - prisons . 2 ) A death sentence may not be executed unless confirmed by the Commander - in - Chief of the Armed Forces . 3 ) Cases of death penalty confirmed in accordance with sub - Article ( 2 ) of this Article shall , prior to ex ecution , be submitted to the Head of State in consideration of possible pardon . | 36 . Applicability of Other Laws . The Criminal Procedure Code applied in regular courts shall , mutatis mutandis , be applicable in military courts . PART SIX Miscellaneous Provisions 37 . Repealed and Inapplicable Laws 1 ) The following laws are hereby repealed : ( a ) the Imperial Army Proclamation No . 68 / 1944 ; ( b ) the Administration of Officers of the Armed Forces Order No . 81 / 1973 ; www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com ( c ) the Armed Forces Officers Promotion , Obligatory Service and Dismissal Regulations No . 429 / 1973 ; ( d ) the Military Courts Establishment Proclamation No . 10 / 1987 . 2 ) Any law inconsistent with this Proclamation shall not be applicable . 38 . Powers to Issue Directives 1 ) Without prejudice to Articles 23 and 24 hereinabove , the Commander - in - Chief of the Armed Forces shall issue detailed directives on the respective powers and duties of the Minister and the General Chief of Staff . 2 ) Without prejudice to sub - Article ( 1 ) of this Article , the Ministry may issue directives necessary for the implementation of this Proclamation . 39 . Effective Date This Proclamation shall enter into force as of the 15th day of February , 1996 . Done at Addis Ababa , this 15th day of February , 1996 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com