Order No. 08/074 24 December 2008 Determining The Functions Of The Departments

Original Language Title:  ORDONNANCE N° 08/074 DU 24 DECEMBRE 2008 FIXANT LES ATTRIBUTIONS DES MINISTERES

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Read the untranslated law here: http://www.leganet.cd/Legislation/Droit%20Public/Ministeres/O.08.74.24.12.2008.htm

 ORDER No. 08/074 of 24 December 2008 prescribing the responsibilities of departments the President of the Republic, pursuant to the Constitution, especially in its articles 91 and 94;
Having regard to the order No. 08/073 of 24 December 2008 concerning organization, operation of the Government and the practical arrangements for collaboration between the President of the Republic, the Government as well as between members of the Government especially in article 4 thereof;
Revised order No. 07/018 16 May 2007 determining the functions of such departments as modified and complemented to date;
On proposal of the Prime Minister;
The Council of Ministers heard;
ORDERED Article ler: without prejudice to the Constitution and other provisions of the legal texts on the subject, the responsibilities of the departments are fixed as follows: A. powers Commons to all the ministries - design, development and implementation of the policy of the Government in the areas entrusted to them;
-Preparation of draft treaties, Conventions and international agreements, laws, orders - laws, decrees and orders of execution in relation to their functions;
-Control and supervision institutions and public services as well as public enterprises in their respective sectors;
-Management of relations with international organizations dealing with matters in their respective sectors;
-Representation of the State in national and international meetings in relation to matters within their areas of activities;
-Management of relations with national organizations dealing with matters of their respective departments;
-Management of the sector of activities in cooperation with other departments;
-Management of career public services of the State in collaboration with the Ministry of public service;
-Implementation of the policy of the Government for good governance and the fight against corruption and the blight;
-Mobilisation of the revenue assigned to their service;
-Commitment of expenditure from the State budget according to the amount allocated to their departments;
-Prior notice to the accreditation of NGOs.
B. RESPONSIBILITIES SPECIFIC TO DEPARTMENTS 1. Ministry of the Interior and security a. Interior - policy of administration of the territory;
-Coordination of the relationship between the members of the Government and provincial governors in collaboration with the Ministry of decentralization and planning;
-Customary Affairs in collaboration with the Ministry of decentralization and regional planning;
-Organization, operation and approval of parties and political groupings;
-Identification, management and administrative census of the populations;
-Migration: follow-up and monitoring of the movements of populations within the country;
-Status of refugees;
-Collaboration with the national independent Electoral Commission in the preparation of the elections;
-Coordination of the management of natural disasters in collaboration with the ministries concerned.
b. Security - political security national, internal and external;
– Maintenance of public order, public safety and protection of persons and their property;
-Hierarchical authority on Police and security services;
-Policy against terrorism;
-Migration and border surveillance and police of foreigners and borders in the Democratic Republic of the Congo;
-Management of matters relating to guarding houses;
-Elaboration of periodic reports on the State of the Nation;
-Application of the legislation on firearms.
2 Department of national defence and Veterans Affairs a. defence national defence of the integrity of the national territory; Organization and structure of the Armed Forces;
Design, implementation and follow-up of the mechanism of integration and training of the national army; Administration and procurement of the Armed Forces;
Monitoring land, fluvial, lacustrine, sea and air of the national territory; Continuation and completion of the process of demobilization of combatants;
Design, preparation and execution of all operations relating to the demobilization of soldiers, child soldiers, the excombattants and vulnerable non-integrated groups of the Armed Forces with a view to their social reintegration.
b. former combatants maintenance and follow-up of disabled military retirees and Veterans Affairs war. 3 Department of business foreign Animation and follow-up of the foreign policy of the Democratic Republic of the Congo and its diplomacy; Implementation of the protocol formalities of writing, signing, international legislative authorization; Mobilization of Congolese from abroad for the country's development and their integration into national life; Identification, identification and monitoring of Congolese from abroad;
Defence of the interests of the State with foreign powers;
Assistance to other government departments in their relations with the outside world;
Protection and defense of rights, interests of the Congolese people abroad;
Preparation of the work with the organizations, bilateral and multilateral, and followed by the execution of their decisions and recommendations;
Management of the embassies and Representations to third countries and International Organisations; Management of the State Protocol;
Management of relations with the specialized agencies of the United Nations in collaboration with other concerned departments; Management of passports and special visas;
Diplomatic relations bilateral and multilateral state management.
4 Ministry of decentralization and planning a. decentralization implementation strategies and mechanisms of Government policy on decentralization; Preparation of the draft laws and draft regulatory texts relating to decentralization;
Implementation implementation of the national Equalization Fund and monitoring of its operation in collaboration with the ministries of finance, the Budget and the Plan;
Coordination of the relations between members of the Government and provincial Governors on decentralization in collaboration with the Ministry of the Interior and security;
Monitoring of the implementation of the territorial division;
Implementation of the transfer of skills and responsibilities to the decentralized territorial entities and the provinces; Coordination and channelling of support to the decentralization of the development partners and supervision of the decentralised cooperation;
Collaboration with the CENI in the preparation and organization of provincial, urban and local elections in collaboration with the Ministry of the Interior and security;
Collaboration with the Ministry of the Interior and security in the customary business records.
b. development of territory design and development of land use plans and monitoring their implementation;
Implementation of policies and operational strategies and guidance for the best distribution in the space of human activities;
Evaluation of the potential of the territory with regard to renewable and non-renewable natural resources of the soil and the national basement;
Control and monitoring of the use of the physical space of the country permanently;
Establishment of programs and strategies to mobilize resources both human, institutional and financial to codify, implement and administer the development.
5 Department of International Cooperation and regional al International Cooperation