I. Introduction
The Federal Democratic Republic of Ethiopia has enacted Proclamation No. 1177/2020, officially titled the “Firearm Administration and Control Proclamation,” to establish a comprehensive and unified legal framework governing firearms within the nation. This significant legislation, effective from January 8, 2020, addresses the critical need to “maintain peace and security of the country and the public and is necessary to ensure rights and security of citizens and people.” It aims to rectify legislative gaps, standardize existing practices, and enforce Ethiopia’s international commitments concerning illicit firearm control. A distinctive feature of this Proclamation is its explicit acknowledgment that “firearms in the hands of individuals could be utilized to maintain the peace and security of the community,” suggesting a nuanced approach to civilian firearm ownership. The overall implementation and oversight of this intricate system are primarily entrusted to the Ethiopian Federal Police Commission, or designated Regional Police Commissions, collectively referred to as the “Supervising Institution.”
II. Main Themes and Key Provisions
The Proclamation is meticulously structured, addressing various critical aspects of firearm administration and control.
A. Rationale and Objectives
The legislative intent behind Proclamation No. 1177/2020 is multi-faceted:
- Maintaining Peace and Security: At its core, the Proclamation seeks to bolster national and public peace and security, thereby safeguarding the rights and safety of all citizens and residents.
- Utilisation by Individuals for Peacekeeping: Uniquely, the Proclamation recognizes that private citizens, through responsible firearm ownership, “could be utilized to maintain the peace and security of the community.” This clause implies a potential role for licensed civilians in local security initiatives, distinct from formal law enforcement.
- Legal Harmonisation: The legislation aims to fill existing “gaps not covered by existing laws and practices and create consistent system,” thereby streamlining and clarifying firearm regulations across the country.
- International Cooperation: Ethiopia’s commitment to combating illicit firearm trafficking on a global scale is underscored by the Proclamation’s objective “to enforce international agreements concerning illicit firearm control ratified by our country and to lay down system in order to conduct international cooperation.”
B. Definitions (Article 2)
To ensure clarity and consistent application, the Proclamation provides precise definitions for key terms:
- “Supervising Institution”: Designates “the Ethiopian Federal Police Commission or Regional Police Commission to whom the power is delegated.”
- “Firearm”: Defined as “a weapon that expels a shot, bullet, bomb, missile, Rocket and any projectile by the action of an explosive which causes damage on life, body and property and it includes bullet and related materials.”
- “Ammunition”: Includes “cartridge cases, primers, propellant powder, bullets or projectiles that are fired by firearm.”
- “Small firearms”: Refers to “any kind of Pistol that can be used at personal level.”
- “Light Firearms”: Describes “a firearm which is not automatic, semi-automatic, or which is not automatic that can be used personally.”
- “Fully automatic weapon”: Characterized as a “weapon with more than one barrel and which could fire more than one shot while its trigger is pulled and can reload by itself when it is fired.”
- “Harm inflicting materials”: Encompasses “weapons due to their sharpness, poison or by using electric power could inflict grave injury against life or human body like bayonet, machete, sword, dagger, mencha, spear, centti and includes other similar materials.”
- “Bulk Firearm”: Denotes “two or more Fire arms.”
- “Serial number”: A unique mark that “enables to differentiate one firearm from the other.”
C. Scope of Application (Article 3)
The Proclamation’s reach extends “up on any person within Ethiopia,” establishing nationwide applicability. However, it explicitly exempts “Defense Forces and National Intelligence and Security Services” from most of its provisions, with the notable exception of Article 27, which pertains to the power to issue regulations and directives. This distinction underscores the separate regulatory frameworks for civilian/law enforcement and military/intelligence firearm use.
D. Prohibitions (Part Two, Articles 4 & 5)
The Proclamation establishes clear prohibitions on various firearm-related activities and locations.
Prohibited Activities (Article 4):
Without a valid license, it is strictly prohibited to:
- “import, export, possess, put, store, use, exhibit, broker, sale, buy, transfer, traffic, transport, manufacture, train, repair or dispose firearm, military binoculars; any kind of goggles or sound muzzling instrument which may be fitted on firearm.”
- Import, export, hold, store, use, exhibit, hoard, broker, sell or purchase, traffic, transport, manufacture “harmful materials” (excluding those utilized for development purposes).
- “alter in whole or in part, destroy or make unrecognizable in any other way the serial number of a firearm.”
- “Advertise firearm or service related with firearm.”
Prohibited Places to Carry Firearm (Article 5):
Firearms are forbidden in numerous public and sensitive locations:
- “places where there is peaceful demonstration or riot.”
- Places specifically determined by electoral bodies.
- “hotels, cinema, theaters, museums and similar public recreation places.”
- “sporting places except in permitted shooting sport place.”
- “educational institutions, religious and belief institutions compound.”
- “Hospital and clinics, government offices and other similar places where public service is provided.”
- “national parks or wild life shelters.”
Licensed individuals are additionally “prohibited to carry a weapon in public, in large cities and Regions outside of his jurisdiction.” Furthermore, individuals carrying a firearm must “first handover the firearm to the security guards of the institution” before entering any prohibited places. Law enforcement personnel on duty and security guards are the only exceptions to this rule.
E. Licensing and Administration (Part Three, Articles 6-17)
This section details the intricate process for acquiring, maintaining, suspending, and revoking firearm licenses.
Conditions for License (Article 6):
The type and quantity of firearms/ammunition for individuals and organizations will be determined by a directive from the Supervising Institution, which will take into account specific considerations for urban, pastoralist, and farmer areas. Key conditions include:
- Applicants must not possess a previous license or must have returned a cancelled one.
- The firearm must not have been previously licensed to another person.
- The firearm must be “working and is not damaged” and “not used for committing a crime.”
- The serial number must be clearly visible; during a transitory period, if absent, the institution will issue a new one.
- Individual licenses are valid for two years, while organizational licenses are valid for three years.
- Previously registered/licensed firearms will be automatically re-registered based on their old details.
Requirements for Individual Licensing (Article 7):
Individuals seeking a firearm license must meet several stringent criteria:
- Ethiopian nationality or a valid residency permit.
- Not a “drug or alcohol addict.”
- Not having “partially or fully lost capacity as a result of legal or judicial interdiction.”
- “Believed by the Supervising Institution to have balanced mental status and does not have unnecessary aggressive nature.”
- Demonstrated understanding of firearm utilization and duties, or willingness to undergo relevant training.
- Willingness to pay licensing and renewal fees.
- Ability to “submit letter of cooperation that he has good conduct from his residential local administration.”
- Provision of a “Sufficient and valid reason to bear firearm based on a consistent requirement to be prepared by the Supervising Institution.”
Licensing of Traditionally Armed Communities (Article 8):
Recognizing Ethiopia’s diverse cultural landscape, special provisions are made for “Individuals who carry firearm and are residents of localities where firearm is traditionally carried.” These individuals will be licensed “taking into account the special circumstances of the community.” However, unlicensed firearms in these communities must be surrendered or will be confiscated after a two-year period. A voluntary collection system for unused firearms will also be established.
Licensing for International Organisations and Foreign Representatives (Article 9):
Licenses are granted based on Supervising Institution requirements and the opinion of the Ministry of Foreign Affairs. The Supervising Institution is responsible for ensuring authorized types, registering identification numbers upon import, and ensuring withdrawal or handover upon license expiry.
Content of Firearm License (Article 10):
Each firearm license must clearly specify the licensee’s details, firearm type, serial number, authorized bullet quantity, related materials, and the details of the licensing official.
Firearm Serial Number (Article 11):
The Supervising Institution is mandated to ensure consistent serial numbers for all firearms and will not license firearms with absent, modified, or debased serial numbers (with a temporary exception during the transitory period). Owners must report any loss, damage, or alteration of serial numbers immediately.
Special Activity Firearm License (Article 12):
Licenses for specific purposes (e.g., sport, legal hunting, theatre/film productions, exhibitions, antiques) are granted based on specific criteria and directives. For theatre/film, only false bullets that emit sound are permitted.
License Renewal System (Article 13):
Renewal requests must be submitted 60 days before expiry. Licenses remain valid until a decision is made on the renewal application, ensuring continuity.
Suspension of Firearm License (Article 14):
Licenses can be suspended if there is suspicious evidence, unauthorized use/violation, or if the license expires without renewal. Suspended firearms must be kept by the Supervising Institution and will be confiscated if the grounds for suspension are not rectified within 60 days.
Revocation and Confiscation of Firearm License (Article 15):
Licenses are subject to revocation and firearms confiscated under various circumstances, including: if a crime is committed with the firearm, the licensee dies/disappears/loses capacity, the organization is liquidated, a court orders revocation, the licensee voluntarily returns it, a requirement for acquisition is missing, forged information was presented, the licensee violates the proclamation, the firearm is irreparable, the serial number becomes unrecognizable after the transitional period, or the firearm is out of the owner’s control.
Fees (Article 16):
The Supervising Institution is authorized to collect fees for various services (licensing, renewal, special activities, identification, buying/selling) as determined by regulation.
Firearm Registration System (Article 17):
A crucial modernizing aspect is the mandate for the Supervising Institution to “register and administer all firearms in the country by their serial number with information technology system,” aiming for a comprehensive and digitally managed national registry.
F. Firearm Utilization Duties (Part Four, Articles 18-20)
This section outlines the responsibilities incumbent upon licensed individuals and organizations.
Duties of Licensed Person (Article 18):
Licensed individuals must:
- Use firearms strictly according to the Proclamation.
- Always carry the license certificate.
- Not carry more than the authorized quantity of bullets.
- “as much as possible not carry the firearm openly.”
- Inform the Supervising Institution within 15 days of any changes to licensing conditions or personal information.
- Inform the Supervising Institution within 15 days if the firearm is lost, broken, stolen, snatched, its identifying number fades, or it is otherwise out of their control.
- Renew the license before expiry by appearing in person and providing a utilization report.
- Not transfer, lend, or allow others to use the firearm, ensuring it does not fall into unauthorized hands.
- Keep the firearm safely secured when not in use.
- Surrender the firearm to the Supervising Institution if no longer needed or if the license is not renewed.
- Implement safety rules issued by the Supervising Institution.
Duties of Organization (Article 19):
Organizations holding licenses have similar duties to individuals, with specific provisions for ensuring that only authorized personnel use firearms and for establishing a system for transfer and handover among security guards.
Transfer of Licensed Firearm (Article 20):
Generally, licensed firearms “shall not transfer the firearm to other person in any way.” If a licensee no longer requires the firearm, it must be handed over to the Supervising Institution. In the event of a licensee’s death, heirs may request transfer if they meet the requirements and their right is legally recognized. Any person possessing a deceased licensee’s firearm must hand it over to the Supervising Institution within 30 working days.
G. Supervising Institution (Part Five, Article 21)
The Supervising Institution is vested with extensive powers and duties to ensure the effective implementation of the Proclamation:
- Organize a national firearm control unit.
- Issue licenses and control illegal use.
- Regulate “harm inflicting materials.”
- Suspend/revoke licenses.
- “disarm and confiscate licensed or illegal firearm which is found to be threat to public peace and security.”
- Work with communities to legalize or disarm/dispose of illegally held firearms.
- Confiscate and dispose of or utilize firearms determined by court order, unlicensed, or unserviceable.
- Regulate the import, export, possession, storage, traffic, transfer, local buying/selling, training, repair, and disposal of authorized firearms, or permit other government institutions to do so.
- Conduct research on firearm administration and control.
- Raise public awareness about firearm harm and legal use.
- Conduct international cooperation related to firearms.
- Establish mechanisms for dealing with illegally transported/used firearms.
- Establish a complaint system for firearm issues.
- Establish a system for processing sales of legally armed firearms to qualified individuals.
- Confiscate vehicles or animals used in certain illegal firearm activities (with exceptions for public transport where the owner is unaware or acted responsibly).
H. Criminal Liability (Article 22)
The Proclamation prescribes severe penalties for violations, underscoring the government’s commitment to strict enforcement.
Penalties:
- Unlicensed activities (import, export, possession, sale, etc.) of firearms, binoculars, sound-muzzling instruments: 1-3 years simple imprisonment and/or a 5,000-10,000 Birr fine.
- If committed with a “bulk firearm”: 8-20 years rigorous imprisonment and a 100,000-200,000 Birr fine.
- Selling a legally licensed firearm without a permit: ≤1 year simple imprisonment.
- Selling a legally licensed firearm to a terrorist or illegal group: 1-3 years simple imprisonment, or up to 5 years depending on circumstances.
- Mortgaging or lending a legally licensed firearm: ≤1 year simple imprisonment.
- Altering or destroying a firearm serial number: 6 months-2 years simple imprisonment.
- Advertising firearms or related services: ≤1 year simple imprisonment.
- Bulk illegal activities with “harm inflicting materials”: ≤1 year simple imprisonment and/or a 1,000-5,000 Birr fine.
- Violating the duty to cooperate: ≤3 years simple imprisonment.
- If offenses (Sub-Articles 2-8) are committed by a legal entity: 500,000-2,000,000 Birr fine.
- Confiscation of vehicles used in certain serious firearm crimes.
I. Miscellaneous Provisions (Part Six, Articles 23-29)
This section covers transitional arrangements and other general provisions.
Transitory Provisions (Article 23):
- Existing licensed/registered firearms must be relicensed under the new proclamation within two years by meeting the new requirements and appearing in person as per an announced schedule.
- Unlicensed/unregistered firearms must be licensed within one year by meeting requirements and appearing in person as per an announced schedule.
- Those who fail to obtain a license within these periods “shall handover their firearm to the Supervising Institution.”
Duty to Cooperate (Article 24):
All persons are obligated to provide information to and cooperate with the Supervising Institution in enforcing the Proclamation.
Law Enforcement Firearms (Article 25):
The types and amounts of firearms for federal and regional law enforcement will be determined by Council of Ministers regulation, taking into account their mission requirements.
Defence Force and National Intelligence and Security Service (Article 26):
These bodies retain the authority to determine their own firearm types, quantities, and usage. However, they are mandated to “work in cooperation with the Supervising Institution on issues which they mutually find necessary.”
Power to Issue Regulation and Directive (Article 27):
The Council of Ministers may issue regulations for the implementation of this proclamation, and the Supervising Institution will issue directives to further enforce the Proclamation and its regulations.
Repealed and Inapplicable Laws (Article 28):
Legal Notice 229/1960 and Article 808 of the Criminal Code are explicitly repealed. Any conflicting laws, regulations, directives, or operational practices are superseded by this Proclamation.
Effective Date (Article 29):
The Proclamation came into effect on January 8, 2020.
III. Analysis and Implications
Proclamation No. 1177/2020 represents a significant and comprehensive overhaul of firearm control in Ethiopia. Its detailed provisions aim to regularize firearm ownership, combat illicit trafficking, and enhance overall national security.
The establishment of a central “Supervising Institution” with broad powers encompassing licensing, registration, and enforcement is crucial for effective implementation. This centralized control, coupled with the mandate for an information technology system for firearm registration, signals a clear move towards a modernized and centrally managed national registry. Such a system, if effectively implemented, could significantly improve traceability and accountability of firearms.
A distinctive aspect of this Proclamation is the inclusion of provisions for “traditionally armed communities” and the explicit recognition that individuals’ firearms “could be utilized to maintain the peace and security of the community.” This indicates a pragmatic attempt to balance strict governmental control with existing cultural practices and potentially leveraging civilian involvement in local security. However, the success of this dual approach will depend on the clarity of directives issued by the Supervising Institution and careful management to prevent proliferation or misuse. The requirement for all firearms, including those previously registered, to undergo a new licensing process within a defined transitional period further emphasizes the drive towards a standardized and centrally managed system.
The severe penalties prescribed for violations, particularly those involving “bulk firearms” or sales to terrorist groups, underscore the government’s unwavering commitment to curbing illegal firearm activities. This punitive approach, combined with the comprehensive list of prohibited activities and places for carrying firearms, aims to deter misuse and enhance public safety.
The exemption of Defence Forces and National Intelligence and Security Services from much of the Proclamation, while allowing for cooperation with the Supervising Institution, reflects a common global practice of distinguishing between state-controlled and civilian/law enforcement firearm regulations. The specific parameters of this cooperation and the oversight mechanisms for military and intelligence firearm use will be key to ensuring consistency and preventing any unintended gaps in control.
In conclusion, the Firearm Administration and Control Proclamation No. 1177/2020 is a robust legislative instrument designed to create a more orderly and secure environment in Ethiopia. By tightly regulating firearms, the Proclamation addresses a critical component of national stability and public safety, laying down a foundation for enhanced peace and security across the country. Its success will ultimately hinge on effective implementation, consistent enforcement, and continuous adaptation to evolving security challenges.