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Ministerial Order No. 063 /Cab.min.aff.sah. Sn/2012 Of 17 September 2012 Establishing The Organization And Functioning Of The Corps Of Social Assistants In The Democratic Republic Of The Congo.

Original Language Title: Arrêté ministériel n° 063/CAB.MIN.AFF.SAH. SN/2012 du 17 septembre 2012 portant création organisation et fonctionnement du Corps des Assistants Sociaux en République Démocratique du Congo.

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Ministerial Order No. 063/CAB.MIN.AFF.SAH. SN/2012 of 17 September 2012 establishing the organization and operation of the Social Assistants Corps in the Democratic Republic of the Congo.

Minister of Social Affairs, Humanitarian Action and National Solidarity,

Considering the Constitution as amended by Act No. 11/002 of 20 January 2011 revising certain articles of the Constitution of the Democratic Republic of the Congo of 18 February 2006, especially in its articles 51 and 93;

Having regard to Act No. 09/001 of 10 January 2009 on the protection of the child, especially in its sections 74 and 76;

Considering Order No. 80/211 of the 27 August 1980 establishing a Department of Social Affairs:

Considering Order No. 12/004 of 18 April 2012 appointing Deputy Prime Ministers. Ministers, a Deputy Minister and Deputy Ministers:

Having regard to Order No. 12/007 of 11 June 2012 on the organization ct operation of the Government practical modalities of collaboration between the President of the Republic and the Government and between the members of the Government;

In light of Order No. 12/008 of 11 June 2012 establishing the powers of the Ministries:

Considering the magnitude and multiplicity of risks faced by the population living in the Democratic Republic of the Congo:

Considering the absence of a structure organizing the profession of the Social Assistant in the Democratic Republic of the Congo:

Whereas Social Assistant is a practitioner for all vulnerable populations;

Whereas it is necessary to regulate the profession of Social Assistants in the Democratic Republic of the Congo:

Given the need and urgency:

On a proposal by the Secretary-General for Business



Chapter I: General provisions

Section 1: Creation and headquarters

Article 1:

It is created in the Democratic Republic of the Congo, a technical structure called "Social Assistants Corps".

It is placed under the supervision of the Minister with the Social Af1àires in his powers.

Article 2:

Le siège du Corps des Assistants Sociaux est situé à la Direction de 1 'Action Sociale du Secrétariat général des Affaires Sociales.

However, it may be transferred to any other place in the Democratic Republic of the Congo by Order of the Minister on the proposal of the General Assembly of the Corps.

Section 2: Definitions and Missions

Article 3:

It is understood by Social Assistant, any agent of the State or an accredited body, specialized in solving problems related to human relations in order to improve the general well-being.

Article 4:

Without prejudice to the provisions of section 76 of Act No. 091001 of 10 January 2009 protecting the child. the Social Assistants Corps is an advisory framework of the Government, consultation, exchange of experiences and guidance of the work of social assistance.

Article 5:

The Social Assistant has the following roles:

- conduct social investigations:

- doing psychosocial counselling:

- to ensure the social reintegration of the economy;

- provide psycho-social support to facilitate access by Vulnerable Groups to Basic Social Services.

Article 6:

The Unit of Social Assistants has the main tasks of:

- organize the profession of Social Assistants;

- ensuring respect for professional ethics:

- apply and enforce legal and regulatory provisions for social protection;

- contribute to the development of the national and provincial social protection plan.

Section 3: Admission requirements

Article 7:

To be admitted to the Social Assistants Corps, the candidate must meet the following conditions:

- to hold a degree in social studies or assimilated;

- having followed initial training or alternating social work;

- to be good. life and morals;

- be identified with the relevant units of the Ministry of Social Affairs.

Article 8:

No one can claim to practise the profession of the Social Assistant if he is not on the national or provincial list of Social Assistants.

Article 9:

Without prejudice to the other provisions of this Decree, the Social Assistants of the public sector are governed by the status of career staff of the public services of the State, while those of the private sector are governed by the Labour Code ct other specific texts.

Chapter II: Organization and operation

Article 10:

The Social Assistants Unit operates at the national level with the following bodies:

- the General Assembly;

- the permanating Secretariat.

Article 11

The provisions de Article 10 is of mutatis mutandis application in the Province.

Article 12:

An rules of procedure adopted by the General Assembly ct duly approved by the guardianship authority determines the organization ct the operation of each structure referred to above.

Article 13:

The Social Assistants Corps comes from:

- public treasure;

- fees and charges against part of the services rendered;

- membership contributions;

- gifts and bequests.

Chapter III: Transitional and final provisions

Article 15:

All provisions not provided for in this Order shall be governed by the rules of procedure as stipulated in rule 12 above.

Article 16:

All earlier provisions contrary to this Order are repealed.

Article 17:

The Secretary-General for Social Affairs is responsible for the execution of this Order, which comes into force on the date of its signature.

Done in Kinshasa, 17 September 2012

Charles Naweji Mundele