Demotion of Reserve and Retired Military Personnel

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Demotion of Reserve and Retired Military Personnel
Demotion of Reserve and Retired Military Personnel

Africa-Press – Angola. Military personnel of various ranks within the Angolan Armed Forces (FAA) who act against the decorum, honor, dignity, and good name of the FAA and the Angolan State may be demoted through administrative or judicial means.

This intention is outlined in the bill amending Law No. 13/18, of October 29, – Law on the Careers of Military Personnel of the FAA, adding that in addition to military personnel in reserve and retirement, demotion may also include those in the Permanent Cadre, Contract Military Service (SMC), and Compulsory Military Service.

Initiated by the Executive Branch, the legislation aims to adapt the legal regime of military discipline to the 2010 Constitution, in addition to providing the Angolan Armed Forces with a modern and updated legal instrument capable of ensuring hierarchy, discipline, and obedience within the institution.

It also enshrines a set of fundamental rights, freedoms and guarantees that must apply to the military disciplinary process, albeit in a restricted manner, due to the specificities of the military condition.

According to the Secretary of State for National Defense, José Maria de Lima, the bill approved in general, with 111 votes in favor, 73 against and two abstentions, is a normative instrument, essential for military discipline, ensuring that the constitutional mission of the FAA is fulfilled with efficiency and effectiveness.

When responding to certain interventions by Members of the Parliament regarding a possible violation of acquired rights, José de Lima stated that the doctrine on acquired rights is not absolute, consensual or unanimous, with regard to the possibility of loss or limitation of acquired rights.

Accordingly, he stressed that what is at stake is the need to safeguard the military condition in all its forms and situations.

According to the government official, it is essential to state that changes to the FAA military career law will not be applied retroactively, but must scrupulously observe the structuring principle of the Democratic State and the Law of non-retroactivity of laws.

Still in the same plenary, the bill approving the Code of Military Discipline was also approved, in general, with 105 votes in favor, 72 against and three abstentions.

Its objective is military discipline and its exercise, establishing the rules relating to rewards and punishments, as well as the respective processes.

The aforementioned proposals now go to discussions in the specialty.

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