The Status of the Armed Forces Under the FDRE Constitution

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Date

2008-06

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Addis Ababa University

Abstract

The army had a significant role in Ethiopia's political past. But its status and role in the country's constitutions have not been clearly established. This paper is a result of the study of the status and role of the armed forces in the Ethiopian Constitution. As such it is an attempt at examining the constitutional legal space given to the armed forces in Ethiopia. In this study, an exploration of the status of the armed forces in Ethiopia's constitutional tradition (in the eras of both unwritten and written constitutions of historic Ethiopia) is made. In particular, the status of the Armed Forces in the constitution of the Federal Democratic Republic of Ethiopia (FDRE) is closely examined. A diverse array of legislations pertaining to the army are reviewed with a view to circumscribing the ambit of the power of the army and the extent to which it can remain neutral to the political dynamics ofthe day while also being loyal to the constitution. Issues related to the relationship between the army and the civilian political leadership, the mechanisms via which we can keep the former accountable to the wider public and the House of Peoples' Representatives (HPR), situations in which the army can intervene in states on request by the civilian leadership, situations in which the army can act to create stability in moments of emergency, the independence of the army to administer and regulate its own personnel, etc are raised and discussed in this study. Also, issues of how to defend and protect the constitution or of how to ensure equitable representation of all nations, nationalities, and peoples of Ethiopia in the composition of the army are discussed. Throughout the paper, it has been argued that the army ought to be loyal primarily to the constitution (as per art 87(4)) according to which it is given the mandate to protect the sovereignty and the territorial integrity of the country and discharge responsibilities assigned to it in times of emergency (art 87(3)). It is also stressed that the army should be neutral in its dealings with political parties or factions and impartial in the process of discharging all its responsibilities (art 87(5)). It is in the light of this basic premise (rooted in the constitution) that all other laws and practices pertaining to the armed forces are reviewed, analyzed, discussed, and assessed .

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role in Ethiopia's political past.

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