Decree No. 09/38 Of 10 October 2009 On The Establishment, Organization And Functioning Of The National Agency To Combat Against Violence Against Women And The Young And Little Girl.

Original Language Title: Décret n° 09/38 du 10 octobre 2009 portant création, organisation et fonctionnement de l'Agence nationale de lutte contre les violences faites à la Femme et à la Jeune et Petite Fille.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.leganet.cd/Legislation/Droit%20Public/DH/D.09.38.10.10.2009.htm

Decree No. 09/38 of 10 October 2009 on the establishment, organization and functioning of the national agency to combat against violence against women and the young and little girl.
The Prime Minister, pursuant to the Constitution, specifically in article 92;
Given the Ordinance Law No. 85-040 06 October 1985 ratifying the convention on the elimination of all forms of discrimination against women adopted by the United Nations General Assembly on 18 December 1979;
Pursuant to Act No. 87 - 010 l er August 1987 on the Family Code;
Having regard to Ordinance-Law No. 90/048 of 22 August 1990 on the ratification of the convention on the rights of the child adopted by the General Assembly on 20 November 1989 Nations;
Pursuant to law n ° 06/018 of 20 July 2006 amending and supplementing Decree of January 30, 1940, on the Congolese penal Code;
Pursuant to law n ° 09/001 10 January 2009 on the protection of the child;
Having regard to the order No. 08/064 10 October 2008 concerning the appointment of a Prime Minister, head of Government;
Having regard to the order No. 08/067 of October 26, 2008, appointing Deputy Prime Ministers, Ministers and Vice-Ministers;
Given order No. 08/073, December 24, 2008, on the Organization and functioning of the Government, practical arrangements for collaboration between the President of the Republic and the Government as well as between members of the Government, especially in its articles 9, 10 and 11;
Having regard to the order No. 08/074 24 December 2008 fixing the functions of departments, especially in its article 1, litera B item 36;
Whereas it is necessary to set up a national structure to coordinate all actions in connection with the fight against violence against women, the young and small daughter in the Democratic Republic of the Congo;
On the proposal of the Minister of gender and family and the child;
The Council of Ministers heard;
ORDAINED title l: General provisions.
Article 1: it is created, within the Ministry of gender, family and child, the national agency of fight against violence against women, to the young and little girl, in abbreviation "A VIFEM", hereinafter referred to as ' the Agency '.
The Agency is a public service technical and social, with administrative and financial autonomy.
Article 2: The Agency shall have its seat in Kinshasa.
It can open offices throughout the Republic.
Article 3: The Agency has general mission execution of the national strategy to combat all forms of violence based on gender, especially those made to the wife, the young and little girl.
As such, she is responsible for:-ensure the popularization of laws;
-Strengthen prevention and protection;
-Fight against impunity;
-Support reforms of the security and justice;
-Formulate responses to the needs of the victims;
(-Effectively manage data and information by: a) the efforts of the Government and partners bi and multilateral support for the fight against violence against women, the young and small daughter;
(b) the rationalization of the mechanisms of coordination of actions combating violence against women, the young and small daughter;
c) strategic, technical and policy advice to stakeholders in the fight against violence against women, the young and small daughter;
(d) the guarantee of taking account of the issues of violence against women, the young and small daughter in the policies, programmes and projects in Democratic Republic of Congo;
e) guarantee the complementarity and synergy between ongoing initiatives, violence against women, the young and small girl and multiple processes including, in particular, those sexual;
(f) improving the methodology and the programmatic orientation of the projects and actions against violence against women, the young and small daughter.
Article 4: As part of its mission, the Agency collaborates with public and private institutions and administrations competent, organizations and women's, family and child as well as the bi partners and multilateral associations interested in its activities.
Article 5: A multisectoral national Committee shall ensure the effective implementation of the national strategy to combat gender-based violence.
As such, it ensures orientation, monitoring and evaluation. Are members of the national Committee:-the Minister in charge of gender, family and child: President;
-The Minister in charge of human rights: Vice President;
-The Minister in charge of Justice: Rapporteur;
-The Minister in charge of the Interior: Member;
-The Minister in charge of National Defense: Member;
-The Minister in charge of Finance: Member;
-The Minister in charge of the Plan: Member;
-The Minister in charge of the Budget: Member;
-The Minister in charge of public health: Member;
-The Minister in charge of Social Affairs: Member;
-A delegate from the office of the President of the Republic: Member;
-A delegate from the office of the Prime Minister: Member;
-Two representatives of stakeholders bi and multilateral: members;
-Two representatives of the organizations and women's associations: members.
Article 6: The national Committee meets at least once per quarter, in regular session. It may, where the circumstances so require, to meet in special session.
The sessions of the national Committee shall be convened by its Chairman. They are punished by resolutions addressed to the General management of the Agency.
TITLE II: STRUCTURES.
Article 7: The Agency includes a General Directorate, provincial directorates and offices at the local level.
Article 8: The Directorate-General is composed of an Executive Director and a Deputy Director-General appointed, relieved of their functions and, where appropriate, dismissed by order of the President of the Republic, on the proposal of the Government, deliberate in Council of Ministers.
Article 9: The Directorate-General has a central administration including experts and a support staff. The number of experts and members of the support staff may not exceed twelve and ten people respectively.
Article 10: Executive Director runs the national Committee's resolutions and ensures the day-to-day management of the Agency.
It develops the budget and the financial statements of the Agency.
He directs all of the Agency's services and represents thereof to third parties.
Article 11: The Technical Secretariat of the national Committee is provided by the Director-General;
Article 12: The experts are specialists recruited because of their skills to the achievement of the Agency's mission.
They are linked to the Agency by a term contract.
Article 13: The experts have the task of: ruling on issues their submitted by the Directorate-General;
-Studies and research in connection with the Agency's mission;