Ethiopian Legal Brief

Republican Guard Establishment Council of Ministers Regulation No. 426-2018

Council of Ministers Regulations No. 426/2018

COUNCIL OF MINISTERS REGULATION TO PROVIDE FOR THE ESTABLISHMENT OF THE REPUBLICAN GUARD

This Regulation is issued by the Council of Ministers pursuant to Article 5 and 37 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopian Proclamation No. 916/2015(amended by Proclamation 942/2008 and 1084/2010.)

  1. Short Title

This Regulation may be cited as the “Republican Guard Establishment Council of Ministers Regulation No. 426/2018”.

  1. Definitions

In this Regulation, unless the context requires otherwise:

1/ “palace” means any premise where the head of government or head of state works or resides including the  Heads  of State and Government Palaces, Premises of the House of the Peoples Representatives, VIP rooms of a Bole international airport terminals, and sojourn places;

2/ “family members” means spouses and children below age of 21 living together the Heads of State and Government;

3/ “premise” includes surrounding of the building, offices, person entering and exiting, materials, technologies, assets and infrastructures found under the control of the Guard;

4/ “technology” includes vehicles, drones, helicopters, standard weapons, animals and information communication technologies used pursuant to this Regulation for the protection of the Heads of State and Government;

5/ “men in uniform” include guard of honors, guards, searching and escorting members who are in uniform;

6/ “head of government and head of state” means the prime minster, deputy prime minister and the president of the republic, respectively;

7/ “supporting staff” means group of professionals equipped with diverse knowledge of natural science, social science, and technical capability;

8/ “operational” include chain  of command and main powers and duties stipulated under this Regulation;

9/ “administrative activities”  means human resource management, property administration and other activities related with such activities;

10/ “Ministry” or “Minister” means the Ministry or Minister of Defense, respectively;

11/ Any expression in the masculine gender includes the feminine.

  1. Establishment

1/ The Republican Guard (hereinafter called the “Guard”) is hereby established as federal government office having its own legal personality.

2/ The Guard shall, operationally accountable to the Office of the Prime Minister and administratively be accountable to the Ministry.

  1. Head Office

The head Office of the Guard shall be in Addis Ababa and it may have temporary offices elsewhere as may be necessary.

  1. Objectives

The Guard shall have the objectives to protect security of the Heads of State and Government; and prepare beforehand to take any necessary measure for the protection of same.

  1. Powers and Duties of the Guard

The Guard shall have the following powers and duties:

1/ prepare and submit procedures and standards, and implement same up on approval by the Prime Minister;

2/ prepare and submit to the Prime Minister Office, directives related to human resource recruitment, training, periodic evaluation, transfer and dismissal, and implement same upon approval;

3/ in coordination with the Ministry and appropriate organs recruit, train, employ and deploy appropriate human resources

4/ equip itself with materials, vehicles, weapons, and appropriate technologies that comply with international standards and important for the execution of the mission;

5/ without prejudice to sub-article (4) of this Article, whenever necessary, request and obtain appropriate provisional support from other organs;

6/ ensure security of the Prime Minister and their family members, and Head of State and Deputy Prime Minister and their family members;

7/ without prejudice to sub-article (6) of this Article the protection extends to the outgoing Prime Ministers and his family, outgoing Head of State and Deputy Prime Minister and their families; and it does not include appointee with the Rank of Deputy Prime Minister;

8/ provide protection to the visiting foreign Heads of State and Government, Heads of International Organizations and individuals having such status;

9/ provide gourd of honor services;

10/ conduct studies prepare and submit to the Prime Minister necessary structure and units that help for the accomplishment of mission and implement same upon approval;

11/ take necessary measures to ensure the security of head of states and governments;

12/ own property, enter into contract, sue and be sued in its own name;

13/ undertake other related activities that are supporting the attainment of its objectives.

  1. Organization of the Guard

The Guard shall have:

1/ a Commander and Deputy Commanders to be appointed by the Government; and

2/ the essential men in uniform and supporting civil staffs.

  1. Powers and Duties of the Commander

The Commander shall be accountable to the Office of the Prime Minister in relation to Operational Activities and be accountable to the Minister with regards to administrative activities and shall have the following powers and duties:

1/  lead, manage and command activities  of the Guard;

2/ without prejudice to the generality of sub-article (1) of this Article, the Commander shall:

  1. exercise the powers and duties of the Guard provided under Article 6 of this Regulation;
  2. coordinate activities of the Guard pursuant to the directives, procedures and standards to be issued;
  3. as may be necessary, conduct studies and submit innovative procedures and structures and implement same upon approval;
  4. employ and administer, taking into account composition, the employees of the Guard in accordance with the directives approved by the Prime Minister Office;
  5. prepare and submit to the Ministry annual work program and budget of the Guard, and implement same up on approval by the Government;
  6. f) effect or approve expenditure in accordance with the approved budget and work program of the Guard;
  7. g) represent the Guard in all its dealings with third parties;
  8. h) except operational issues, prepare and submit to the Ministry the performance and financial reports of the Guard.

3/ The Commander may delegate part of his powers and duties to Deputy Commanders and other staffs of the Guard to the extent necessary for the efficient performance of the  activities of the Guard.

  1. Powers and Duties of the Deputy Commanders

The Deputy Commanders shall be accountable to the Commander and shall have the following powers and duties:

1/ exercise powers and duties specifically provided to him in the power delegation directives issued by the Prime Minister Office;

2/ lead and carry out duties specifically provided to him by the Commander;

3/ in the absence of the Commander,  where there is no delegation, the deputy commander having seniority in rank shall exercise the powers and duties of the Commander.

  1. Budget

The Guard’s budget shall be allocated by the Government.

  1. Books of Accounts

1/ The Guard shall keep complete and accurate books of accounts.

2/ The books of accounts of the Guard shall be audited annually by the Auditor General or by auditors assigned by the Auditor General.

  1. Duty to Cooperate

1/ Any security or intelligent organ, Federal or Regional government and other organ, when requested by the Guard, shall have obligation to cooperate with the Guard for the accomplishment of the mission provided under this Regulation.

2/ The cooperation to be requested by the Guard pursuant to sub-article (1) of this Article could be human power, vehicle, office, information, or other tangible or intangible asset.

  1. Transfer of Rights

The rights of any physical and related property owned for the purpose of palace protection, escorting and guard of honor services and related rights are hereby transferred to the Guard according this to Regulation.

  1. Power to Issue Directive

The Office of the Prime Minister shall issue directives necessary for the implementation of this Regulation.

  1. Effective Date

This Regulation shall enter into force on the date of their publication on the Federal Negarit Gazette.

Done at Addis Ababa, this 18th day of June 2018.

ABIY AHMED (DR.) PRIME MINISTER OF THE FEDERAL

DEMOCRATIC REPUBLIC OF ETHIOPIA

 

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