Council of Ministers Regulation No. 399 /2017
COUNCIL OF MINISTERS REGULATION FOR THE ADMINISTRATION OF FOREIGN SERVICE OFFICERS
This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 916/2015 and Article 56(1) of the Foreign Service Proclamation No.790/2013.
- Short Title
This Regulation may be cited as the “Foreign Service Officers Administration Council of Minister Regulation No. 399 /2017”.
In this Regulation:
1/ “Proclamation” means the Foreign Service Proclamation No.790/2013;
2/ “career ladder” means the diplomatic service categories specified under Articles 9-12 of the Proclamation;
3/ “career ladder promotion” means a mechanism for the promotion of a diplomatic service officer from one career ladder to the next higher career ladder;
4/ “accelerated career ladder promotion” means the mechanism in which two career ladder promotion is given at once;
5/ “performance evaluation result” means the performance evaluation of a diplomatic service officer in accordance with the Proclamation, this Regulation and appropriate Federal civil service laws;
6/ “human resource management” means the Human Resource Management Directorate General of the Ministry;
7/ “management council” means a Foreign Service organ of the Ministry established under Article 50(1)(a) of the Proclamation which gives strategic leadership;
8/ “examination administration board” means a Foreign Service organ of the Ministry established under Article 50(1) (b)of the proclamation;
9/ “Grievance Hearing Board” means a Foreign Service organ of the Ministry established under Article 50(1) (c) of the Proclamation to hear and investigate grievances submitted by the Foreign Service officers and submit its recommendation to the Minister;
10/ the definitions provided under the Proclamation shall apply.
PROBATION PERIOD, RECRUITMENT, TRAINING AND EVALUTION OF A DIPLOMATIC SERVICE SECTOR OFFICER
3. Recruitment of Diplomatic Service Officer
1/ Any Recruitment of officer of the diplomatic service sector shall be conducted transparently in accordance with Articles 21 and 22 of the Proclamation based on merit and competence.
2/ The examination result of applicants may remain valid for a period of one year from the date of its announcement by the Ministry.
1/ An applicant, who passes the examination administered by the Examinations Administration Board and fulfils the criteria prescribed under the Proclamation and this Regulation shall be employed as a probationer in the diplomatic service sector.
2/ The probationer shall conclude an employment contract before commencing training at the Foreign Service Training Institute
3/ The probationer shall be provided with a letter signed by the Minister or other authorised head of a section stating the title, grade, position, salary and date of commencement of his employment.
4/ The period of probation of a diplomatic service officer shall be two years and six months.
4. Training For Probationers
1/ Any probationer must attend a one year theoretical training and one year and six months of on job training offered by the Ministry.
2/ Any probationer after completion of the two years and six months probation period has the obligation to serve the Ministry for a duration which is equivalent to the time spent at the Foreign Service Institute.
3/ A probationer who fails to discharge the obligation stipulated under sub-article (2) of this Article without a sufficient reason, shall reimburse the cost incurred by the Ministry for his training.
Any diplomatic service officer shall, before the commencement of his work, take the following oath.
“I…………….solemnly swear to carry out my duties with due diligence and integrity, to respect the Constitution of the Federal Democratic Republic of Ethiopia and other laws of the country at all times, to safeguard the national interest of my country, to execute government policies and not to disclose any confidential information and documents which I came to know by reason of my duties to any other non-authorized person.”
6. On Job Training Evaluation of a Probationer
1/ The purpose of performance evaluation of a probationer shall be to evaluate the professional competence of the probationer, his skill and his observance of the ethical obligations prescribed under Article 42 of the Proclamation.
2/ The head of the section where the probationer is assigned for on job training, shall:
- assign a mentor;
- ensure that the training is properly being provided;
- evaluate the performance of the probationer and
- inform the result of the evaluation to the appropriate section and the probationer.
3/ The performance evaluation of a probationer shall be graded in accordance with relevant Federal Civil Service law.
8. Support to a probationer
1/ The probationer shall at least score a “satisfactory or above” result upon each evaluation.
2/ The probation period of a probationer who has scored “low” on his evaluation may be extended for an additional six months subject to close assistance and follow up by his mentor or immediate supervisor pursuant to sub-article (3) of Article 25 of the Proclamation,.
3/ A probationer whose probation period has been extended pursuant to sub-article (2) of this Article shall have his contract terminated if he fails to score an evaluation result of “satisfactory or above” during the extended period.
9. Permanent Diplomatic Service Officer
1/ Permanent appointment of a probationer at diplomatic service sector shall be determined based on the result of each examination taken at the end of each course received at the Foreign Service Training Institute, the result of the examination given at the end of the theoretical training and the result of the assessment carried out during the on job training by the his mentor.
2/ A probationer who completes his probation period with at least a “satisfactory” result on each evaluation of the probation period, shall be a permanent diplomatic service officer and work in a post assigned by the Ministry after being promoted to the next higher career ladder.
3/ A probationer, who becomes a permanent Diplomatic Service Officer by virtue of sub-article (2) of this Article, shall be provided with a letter to that effect.
10. Termination of Employment
Any employment made on the basis of false or forged representation regarding educational qualification or work experience or certificates issued by unauthorized person or in contravention of the Proclamation, this Regulation or any other law shall be terminated at any time.
11.Transfer of Personnel Between Foreign Service Sectors
1/ The Ministry may transfer its employees from one sector to the other taking into account the educational qualification and experience, professional competence and skill, as well as performance evaluation result in accordance with Article 29 of the Proclamation.
2/ Without prejudice to sub-article (1) of this Article, a vacant diplomatic service post which is not filled by a promotion as per Article 23(3) of the Proclamation may be filled by a transfer from administrative and technical service sector based on Article 29 of the Proclamation and this Regulation.
3/ An employee to be transferred from administrative and technical service sector to the diplomatic service sector according to sub-article (2) of this Article shall:
- pass the examination given by the Examination Administration Board;
- fulfil the requirements stipulated under Article 21 (1) of the Proclamation;
- have no any record of rigorous disciplinary measures;
- score a high result in four consecutive performance assessments carried out before he became a candidate for a transfer and
- serve at least five years in administrative and technical service sector in a professional science service.
4/ The minimum career rank for an employee transferred from administrative and technical service sector to diplomatic service sector shall be third secretary while the highest career rank shall be first secretary.
5/ An employee who is to be transferred from administrative and technical service sector to diplomatic service sector shall attend the one year theoretical training provided at the Foreign Service Training Institute and undertake the on job training in the diplomatic service sector.
6/ The promotion of an employee transferred from administrative and technical service sector to diplomatic service sector shall be in accordance with Article 20 and the subsequent provisions of this Regulation.
12. Filling of Vacant Positions above the Category of Attaché
1/ Vacant posts above the rank of attaché in accordance with article 23(4) of the Proclamation shall be filled in accordance with Article 21 and 22 of the Proclamation by the decision of the management council based on merit and competence following a transparent process.
2/ A person employed as a probationer in the diplomatic service sector by virtue of sub article 1 of this Article, shall take training at the Foreign Service Training Institute and undertake the on job training in the diplomatic service sector.
13. Ensuring Equitable Representation
Without prejudice to the professional competence and relevance requirements for employment as a diplomatic service officer, in accordance with the Proclamation and this Regulation a mechanism that ensures equitable representation taking into account the nationalities having low representation in the Ministry, persons with disabilities and gender.
1/ To verify suitability of a candidate who fulfils all the other requirements for employment, the Ministry shall investigate the back ground of the candidate, that there is no concealed identity, that he is not under any influence of different internal and external forces, that he is not addicted to different harmful substances and behaviours, that he is free of any criminal records, that he is capable of keeping confidential information, and in general that he is capable of accomplishing his national missions with loyalty.
2/ The Ministry shall issue a directive on the pre-employment and continuous post-employment suitability in the Foreign Service sectors.
PERFORMANCE EVALUATION AND TRAINING OF
PERMANENT DIPLOMATIC SERVICE OFFICERS
15. Performance Evaluation
1/ The performance evaluation of a diplomatic service officer conducted pursuant to Article 28(1) of the Proclamation and shall be graded in accordance with the relevant Federal Civil Service laws and according to the criteria set by the Ministry of Public Service and Human Resource Development
2/ Every diplomatic service sector shall submit the performance evaluation results of the diplomatic service officers to the appropriate sectors. The Management Council shall approve the result of officers who scored Low and Outstanding. If the Management Council disapproves the result, it shall give a decision on how the officer shall be re-evaluated.
16. Low Performance Evaluation Result
1/ A permanent diplomatic service officer whose performance evaluation is “low” shall receive a close assistance to improve his performance.
2/ An officer is unable to score at least a satisfactory result, on the next evaluation period after the special assistance and if the result is approved by the Management Council, the officer may be dismissed on the ground of incompetence.
17. Training for Permanent Diplomatic Service Officers
1/ The Ministry shall, in consultation with the Foreign Service Training Institute, prepare a plan on the training of permanent diplomatic service officers get trainings within and outside the country.
2/ Any permanent diplomatic service officer, who received training for more than six months covered by the Ministry, shall serve the Ministry for a duration equivalent with the length of the training.
CAREER LADDER PROMOTION
18. Criteria for a Career Ladder Promotion
1/ Any permanent diplomatic service officer shall be eligible for promotion to the next higher career ladder by fulfilling the criteria stated under this Regulation.
2/ Career ladder promotion shall be given primarily based on the performance evaluation result of the employee.
3/ For the purpose of being promoted from one career ladder to the next higher ladder the following criteria must be fulfilled by any diplomatic service officer who has:
- scored at least a “satisfactory” grade in all evaluations on a rank preceding the announcement of promotion;
- taken the relevant training provided by the diplomatic service sector;
c) served the number of year of service stated under Article 20 of this Regulation;
d) passed the competence certification exam of the position given by the Examination Administration Board;
e) passed the suitability verification conducted in accordance with sub-article (1) of Article 14 of this Regulation.
4/ Without prejudice to sub article 2(b) of this article, a diplomatic service officer who has not been promoted for reasons of scoring “low” on his evaluation shall be eligible for career ladder promotion by scoring at least “medium” in two consecutive performance evaluations.
5/ The Ministry may provide additional criteria by a directive
19. Implementation of a Career Ladder Promotion
1/ Pursuant to the Proclamation and this Regulation, the Human Resource Management in consultation with the Plan and Budget Directorate General, shall submit to the Management Council the list of diplomatic service officers eligible for promotion, the positions they shall be promoted in every budget year with its recommendation and implement upon the Council’s approval.
2/ Diplomatic service officers working in missions abroad shall take the competence certification exam of the Examinations Administration Board at the missions they work at.
3/ The Human Resource Management shall implement, within 30 days, the promotion of diplomatic service officers who scored at least a “satisfactory” result in the examination.
20. Duration of service for Career Ladder Promotion
1/ Any permanent diplomatic service officer shall mainly be evaluated based on his performance and shall fulfill the following years of service to be promoted from one diplomatic service ladder to the next higher ladder:
- from Attaché to Third Secretary…………two years and six months;
- from third secretary to second secretary…two years and six months;
- from second secretary to first secretary…two years and six months;
- from first secretary to Counselor II………two years and six months;
- from Counselor II to Counselor I…………two years and six months;
- from Counselor I to Minister Counselor II…two years and six months;
- from Minister Counselor II to Minister Counselor I……..three years;
- from Minister Counselor I to Minister…three Years;
- from Minister to Minister Plenipotentiary ….three Years.
2/ any permanent diplomatic service officer shall fulfill the following service year to be promoted from one consular service ladder to the other፡
a) vice consul……Equivalent to the service required to attain the rank of a first secretary;
b) from vice consul to deputy consul…..Equivalent to the service required to attain the rank of Counselor I;
c) from deputy consul to consul….Equivalent to the service required to attain the rank of Minister counselor I;
d) from consul to consul general… equivalent to the service required to attain the rank of Minister Plenipotentiary.
21. Special Procedure for Accelerated Career Ladder Promotion
1/ any accelerated promotion granted pursuant to Article 27(2) of the Proclamation shall be based on the need of the Ministry and on the employee’s “outstanding” performance evaluation result pursuant to the directives issued by the Ministry of Public Service and Human Resource Development.
2/ in order to get the accelerated ladder promotion stipulated in sub-article (1) of this Article, a diplomatic service officer shall fulfill all requirements stipulated under sub-article (2) of Article 18 of this Regulation except paragraph (d).
3/ each sector shall identify list of diplomatic service officers eligible for accelerated career ladder promotion and submit to the Human Resource Management with recommendation. The Human Resource Management shall submit a summary of the recommendations to the management council and it shall implement the promotion up on approval.
22. Temporary removal from the list of employees eligible for promotion
1/ any permanent diplomatic service sector officer may be removed from the list of employees eligible for promotion when:
a) his suitability is in question;
b) it is proved that a rigorous disciplinary measure was taken against him;
c) he scored low performance in one performance evaluation that took place prior to the notification of the list of diplomatic service officers eligible for career ladder promotion.
2/ any permanent diplomatic service officer shall only be removed from the list of diplomatic service officers eligible for career ladder promotion only if the Management Council passes the decision to do so.
23. Cancellation of a Career Ladder Promotion
1/ Without prejudice to disciplinary and criminal liability, a promotion obtained as a result of forged document or deceitful practice or in contravention of the law shall be void.
2/ any promotion granted as a result of forged document or deceitful practice or in contravention of the law may be cancelled at any time when such forgery, deceitful practice or contravention of law is discovered.
ALLOWANCES AND BENEFITS TO
FOREIGN SERVICE OFFICERS
1/ The Foreign Service officer assigned in the missions shall receive the following allowances in addition to his salary:
- travel allowance and relocation of goods allowance when a Foreign Service officer is transferred from the head office to the mission or from one mission to another mission or from mission to the head office;
- living cost allowance;
c) house rent allowance.
2/ Without prejudice to Article 37 of the Proclamation, the head of a diplomatic mission or head of consular office or trade office shall get the allowances provided under paragraph (a) and (b) of sub-article (1) of this Article.
25. Health Insurance
The Ministry shall cover health insurance of any Foreign Service officer, his spouse and children below the age of 21 while being assigned in a mission.
26. Matters Considered by Grievance Board
The Grievance Board established in accordance with Article 50(1)(C) of the Proclamation shall investigate complaints made by foreign service officers and submit recommendation to the Minister regarding matters relating to:
1/ the protection of rights and benefits;
2/ placement, recall, career ladder promotion;
3 /performance evaluation;
4/ the implementation of the Proclamation and this Regulation.
27. Procedures for submission of Grievance
1/ A Foreign Service officer who is not satisfied with the response by his immediate supervisor or with the concerned official, on issues under Article 26 of this Regulation, on the implementation of the Proclamation and this Regulation, has the right to submit a petition to the Grievance Board within ten working days from the response.
2/ An officer who is unable to submit his petition within the period specified under sub-article (1) of this Article due to reasons that are beyond his control, may submit his petition within ten working days after such reasons has passed.
3/ The Board shall submit a report containing its findings and recommendations to the Minister not later than 15 working days from the date of receipt of the petition.
4/ The Minister or the official delegated by him may, within ten working days from the date of receipt of the Board’s report, approve the recommendation of the Board or, give a decision different from the recommendation of the Board or instruct the Board to further review the case.
5/ The decision passed in accordance with sub-article (4) of this Article shall be communicated to the petitioner in writing.
28. Power to Issue Directives
The Ministry may issue a directive necessary for the implementation of this Regulation.
29. Application of other Laws
1/ No regulations, directive or practice that is inconsistent with the provisions of this Regulation shall be applicable with respect to matters covered under this Regulation.
2/ Without prejudice to the provision of sub-article (2) of this Article, the relevant provisions of the Federal Civil Servants Proclamation and Regulations and Directives issued there under shall be applicablewith respect to matters not covered by this Regulation and directives issued hereunder.
30. Effective Date
This Regulation shall enter into force on the date of publication in the Federal Negarit Gazette.
Done at Addis Ababa, this 7th day of March 2017
Prime Minister of The Federal Democratic Republic of Ethiopia