The Status Of The Armed Forces Under The Fdre Constitution

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

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The Status Of The Armed Forces Under The Fdre Constitution

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