Law No. 103/An/20//8Th Creating A Control Of Public Spaces (Dircoep).

Original Language Title: Loi N° 103/AN/20/8ème L portant création d'une Direction de Contrôle des Occupations des Espaces Publics (DIRCOEP).

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Act No. 103/AN/20/8th L establishing a Directorate for the Control of Occupations of Public Spaces (DIRCOEP).


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/ AN/10 /6th L of 21 April 2010 revising the Constitution;
VU Law 171/AN/91/2th L of 10 October 1991 establishing and organizing the public domain;
VU Law 172/AN/91/2th L of 10 October 1991 regulating expropriation because of public utility;
VU Law No. 173/AN/91/2th L of 10 October 1991 establishing the private domain of the State;
VU Law No.178/AN/91/2th L of 10 October 1991 establishing the terms and conditions for the application of laws relating to land tenure;
VU Law No. 59/AN/94/3rd L of 05 January 1995 on the Penal Code;
VU Law No.54/AN/14/7th L of 25 June 2014 reorganizing the Ministry of Habitat, Urbanism and the Environment;
VU Law n°104/AN/15/7th L of 01 February 2016 approving the Schema Director of Planning and Urban Planning of Djibouti's agglomeration;
VU Law No.129/AN/45/7th L of 16 July 2016 approving the Schema Director of Al-Sabieh, Dikhil, Arta, Tadjourah and Obock Planning and Planning;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE of 26 May 2019 establishing the powers of Ministers;
VU Circular No. 51/PAN of 01/02/2021 calling the National Assembly in Special Session;
The Council of Ministers heard at its meeting on 29 September 2020.


Article 1: It is created a specialised management, called "Direction of the Control of Public Space Occupations" (DIRCOEP).

Article 2: This Act amends and supplements the provisions of Act No. 54/AN/14/7th The reorganization of the Ministry of Habitat, Urbanism and the Environment.

Article 3: The Directorate of Control of Occupations of Public Spaces (DIRCOEP) is placed under the authority of the Ministry in charge of Urbanism.
As part of its mission, DIRCOEP works closely with the departments of the Ministries of the Interior, Budget and Housing.

Article 4: The term "public spaces" means any urban land, falling within the public domain or the private domain of the State, not subject to any concession or establishment of a title of property legally issued by the services of the Domains. DIRCOEP's perimeters of intervention cover urban areas in the city of Djibouti and secondary cities.
The main forms of occupation are:
- occupations of extension areas to urbanize;
- occupations of areas reserved for public equipment;
- the occupations of the reception servitudes of various networks (way and sidewalks) ;
- occupations of non-aedificandi areas (unconstructible).

Article 5: DIRCOEP's mission is to monitor, prevent and control public spaces with a view to combating illegal occupations and irregular constructions, as well as the management of related litigation.
As such, it is responsible for:
* the prevention of irregular occupations and the monitoring of public urban land in the city of Djibouti and in secondary cities in accordance with the plans and the laws and regulations concerning urban planning and construction, and in collaboration with the relevant technical services;
* verification of urban land tenure;
* the control and repression of illegal occupations and constructions on public spaces and the closure of the arched servitudes of the city centre of Djibouti;
* the repression of permanent parking and public deposits;
* of the rehabilitation of premises at the end of construction sites;
* the finding of offences relating to the occupation of the soil and the transmission of findings to the competent administrations and jurisdictions;
* assistance to the relevant administrative services for the prevention and control of any irregular occupation and construction.

Article 6: For the exercise of its duties, DIRCOEP is competent to:
- establish the observation of the occupation of any public urban space;
- verify the titles and documents relating to the occupation of urban lands;
- receive complaints and information provided by technical services as well as decentralized and decentralized administrations;
- to carry out any physical control on the ground and to establish a detailed assessment of the situation;
- to draw up summations of defestation and cessation of all work;
- the seizure of materials and equipment used;
- to expel the occupants without law or legal title;
- to demolish irregular constructions;
- carry out the removal of all objects stored on public hold, including the surroundings of the tracks;
- to produce verbal records of the offence and to assist in the execution of the court decision;
- to be held in police custody by the competent authorities, any irregular occupant and in the event of need to have the prosecutors referred to the prosecutor by the competent authorities.


Article 7: DIRCOEP is organized as follows:
- The Department of Monitoring and Control of Soil Occupations;
- The Logistics and Interventions Service;
- The Regulatory and Litigation Service.

Article 8: DIRCOEP is headed by a Director selected from the officers of the National Police and appointed by decree in the Council of Ministers.

Article 9: DIRCOEP personnel are composed of:
- detached officials with skills in urban planning, public law, finance and geometers, engineers, ...
- officers available from the National Police.

Article 10: The organization and operation of DIRCOEP will be specified by decree taken in the Council of Ministers.


Article 11: DIRCOEP receives financial resources made up of state subsidies on the one hand, acquires and maintains the material means necessary for its field interventions and on the other hand, allowing the operation of all its services. Management can also use the human and material means of State services.

Article 12: The Minister in charge of the Budget appoints a director responsible for the monitoring and control of DIRCOEP expenditures.


Article 13: Any author responsible for the irregular occupation of a land within the public or private domain of the State shall be liable to penalties provided for in the Criminal Code. The nature of these sanctions will be supplemented later by a law.


Article 14: The Minister of Justice and Penitentiary Affairs, responsible for Human Rights, the Minister of the Interior, the Minister of Budget, the Minister in charge of Urbanism and the Minister of Housing are responsible, each with regard to it, for the execution of the provisions of this Act.

Article 15: This Act will be registered and published in the Official Journal of the Republic of Djibouti, upon promulgation.

Done in Djibouti on 18/02/2021

President of the Republic,
Head of Government