Law N° 45/An/19/8Th The Strategic Direction For The Development And Promotion Of Tourism In The Republic Of Djibouti.

Original Language Title: Loi N° 45/AN/19/8ème L d'orientation stratégique pour le développement et la promotion du tourisme en République de Djibouti.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Law N° 45/AN/19/8th The strategic direction for the development and promotion of tourism in the Republic of Djibouti.

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.




VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Act No.55/AN/14/7th L of 25 June 2014 on the organization of the Delegate Ministry to the Minister of Economy and Finance responsible for trade, SMEs, crafts, tourism and formalization;
VU Law n°58/AN/14/7th L of 06 December 2014 adopting the “Vision Djibouti 2035” and its Operational Action Plans;
VU Law No.107/AN/00/4th The adoption of the National Development Plan, SCAPE 2015-2019;
VU Law No.70/AN/4th L of 13 March 2000 defining the strategic plan for the Development of Tourism in the Republic of Djibouti;
VU Law No.71/AN/00/4 L of 13 March 2000 establishing the National Tourist Office of Djibouti;
VU Decree No.2003-0060/PR/MJ of 18 April 2003 on the organization of the National Tourist Office of Djibouti;
VU Decree No.20016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Order No.2016-110/PRE of 12 May 2016 appointing members of the Government;
VU Decree No.20016-148/PRE of 16 June 2016 establishing the powers of the Ministries;
VU Circular No. 80/PAN of 21/04/2019 convening the second public session of the 1st Ordinary Session of the Year 2019;
The Council of Ministers heard in its meeting of 19/02/2019.


PRELIMINARY PROVISIONS

Article 1: The purpose of this Act is to define the adoption of a national strategic framework for the development and promotion of tourism in the Republic of Djibouti to define the conditions for the development of the actions of a model of cultural and environmental tourism as well as the measures and instruments of their implementation.

CHAPTER I
GENERAL PROVISIONS

Section 1: Definitions

Article 2: For the purposes of this Act, it is understood by:
Tourism activity: Any travel marketing or use of tourist infrastructure provided on an expensive basis with or without accommodation.

Tourist site : Any landscape or place with a tourist attraction by its picturesque appearance, its curiosities, its natural features or the constructions built therein, to which is recognized a historical, artistic, legendary or cultural interest, and which must be valued in its originality and preserved both from erosion and from degradation due to nature or man.

Sustainable development: A development model in which development options and opportunities must ensure the preservation of the environment, natural resources and cultural heritage to future generations.

Tourism: Together work on the realization of basic infrastructure for spaces and areas intended to accommodate tourism investments. It is materialized by studies that determine the nature of the facilities and the typology of the planned infrastructure activities.

Cultural tourism: Any relaxation activity whose main motivation is the search for knowledge and emotions through the discovery of an architectural heritage such as cities, villages, archaeological sites, gardens, religious or immaterial buildings such as traditional festivals and national or local customs.

Recreation and relaxation tourism: Any activity of relaxation practised by tourists during their stay in tourist sites or tourist establishments such as leisure and amusement parks, mountainous sites and cultural and sporting buildings.

Balnear tourism: Any tourist stay by the sea where tourists have, in addition to the leisure of the sea, other activities related to animation in the marine environment.

Luxury seaside tourism: Any tourist stay by the sea where tourists have, in addition to the leisure of the sea, other activities related to animation in the marine environment This model is generally based on international investment from major international hotel chains and the use, in particular, of a privatization of beaches and seaside sites with a qualified and specialized foreign workforce.

Balnear and cultural tourism: Tourist stay combining holiday and holiday resort tourism and environmental and cultural discovery tourism in accordance with traditions.

Balnear and ecological Tourism Model: This model that combines the seaside to the environment proposes to focus their tourism offering on ecology and different environmental aspects. This entails continuing the investments of rural tourism accommodation adapted to international tourism.

Cultural and Environmental Tourism Model: Model that corresponds to the synthesis between the cultural seaside model and the ecological seaside model.

Section 2: Objectives

Article 3: The purpose of this Act is to create a favourable and incentive environment for:
Promoting investment and developing partnership in tourism;
- The insertion of the destination “Djibouti” in the international tourism market by promoting the national tourist image;
- The development of hotel and tourist establishments to improve the capacity of accommodation and hospitality;
- The diversification of the tourist offer and the development of new forms of tourism activities;
- Satisfaction with the needs and aspirations of citizens in tourism, relaxation and leisure;
- The contribution to the preservation of the environment, the improvement of the living environment and the enhancement of the natural, cultural and historical potential;
- Improvement of the quality of tourism services;
- Promotion and development of employment in tourism;
- The harmonious and balanced development of tourism activities;
- The development of the national tourism heritage.

Section 3: General principles

Article 4: The development and promotion of tourism activities are of general interest.
As such, they benefit from the support of the State and the local authorities.

Article 5: The development of tourism activities is governed by the rules and principles of the protection of natural resources and cultural and historical potentials, and this is the effect of safeguarding their originality and guaranteeing the competitiveness and sustainability of the tourism offer.

Article 6: The development of tourism activities is based on the principles and modalities as defined by the master plan for the development and promotion of tourism in the Republic of Djibouti.

The implementation of the master plan for the development and promotion of tourism is regulated by regulation.

In order to improve and diversify the tourism offer, tourism development programs must rely on a rational and balanced exploitation of all the resources that the country has.

Article 7: State public administrations, territorial authorities and public bodies must, within their respective competences, integrate tourism development and promotion into their sectoral policies.

Article 8: For the development and promotion of tourism in the Republic of Djibouti, the State intends to rely on the model of cultural and environmental tourism.

Article 9: The development and promotion of tourism aims to improve the capacity of tourism production through the valorization of the national tourism heritage through:
- 1st Axis: Institutional reform.
- 2nd Axis: The creation of priority areas for tourism development.
- Third Axis: The mobilization of financing for productive investments.
- Fourth Axis: Implementing accompanying policies

As such, the above-mentioned and articulated axes are recognized as strategic objectives.

CHAPTER II
INSTITUTIONAL REFORM

Section 1: Pilotage bodies

Article 10: A national sustainable tourism council is established to coordinate the implementation of strategic directions for development and tourism promotion. The composition of the members of this committee, including representatives of the public and private tourism sector, as well as their prerogatives, missions and organizations, will be set by regulation at a later date.

Section 2: From the Implementing Body

Article 11: It is created an industrial and commercial public institution called “National Tourism Agency-ANT” responsible for the implementation and monitoring of the development and promotion of tourism and which results from the transformation of the National Tourist Office of Djibouti (ONTD).
The modalities of the transformation, the prerogatives, the missions and the organization of the National Tourism Agency are set by regulation.

Article 12: The main tasks of the National Tourism Agency are:
- The Receptive
- Tourism promotion and marketing
- Structuration of the offer
- Processing tourism investment records
- The Statistical and Economic Observatory of Tourism

CHAPTER III
2nd AXE OF THE PRIORITARY ZONES CREATION OF TOURISTICAL AMERICA

Article 13: The tourist development includes:
- The harmonious development of tourist infrastructure and facilities, the rational exploitation and protection of expansion areas and tourist sites.
- To the integration of tourism activities in the instruments of spatial planning and urban planning.

Tourism development is carried out in accordance with the legal and regulatory provisions relating to the protection of cultural heritage and urban planning.

Article 14: Tourism development is part of its objectives and purposes in the national policy for the development and sustainable development of the territory in accordance with the regulations in force for the development of the territory.

Section 1: Priority areas for tourism development

Article 15: The State, by regulatory means, sets up areas previously defined and available to accommodate tourism investments to enable the development and promotion of tourism.

Article 16: The creation of priority areas for tourism development must be the subject of accurate mapping and be accompanied by a notebook of the requirements supporting the operating modalities, accessible to potential investors.
Tourist development areas are set by regulation.

Article 17: The State creates the necessary conditions for the development and promotion of tourism investment.
Tourism development programmes must be implemented as a priority in tourism expansion areas.

Section 2: Development of priority areas for tourism development

Article 18: In order to promote tourism investment and make the national tourism product more competitive, incentives are granted by the State in particular in the area of the development and management of expansion areas and tourist sites.

Article 19: It is created a National Committee of officials of the relevant departments and services to decide on the granting of tourism zones to national and international investors.
The composition, missions and function of the committee is set by regulation.

CHAPTER IV
3rd AX OF FINANCING MOBILIZATION FOR PRODUCTIVE INVESTMENTS

Section 1: Financing mobilization for productive investment

Article 20: The objectives of the measures to help and support tourism activity are:
- To impel economic growth;
- To include tourism development in a dynamic of evolution and technological adaptation;
- To encourage the creation of new businesses and to expand their area of activity in the tourism sector;
- To promote the dissemination of commercial, economic and professional information related to the tourism sector;
- To encourage any action to increase the number of sites and reception facilities for tourism;
- To encourage competitiveness in the sector;
- To promote an environment conducive to the encouragement of the entrepreneurial spirit and the development of tourism;
- Adopt a human resources training and management policy and encourage professionalism, creativity and innovation;
- Facilitate investor access to financial instruments and services tailored to their needs;
- Improve banking services in the processing of tourism project financing files;
- To encourage the emergence of an economic and legal environment that ensures tourism activities the necessary support for their promotion and development in a harmonious setting.

Section 2: Investor support

Article 21: The mobilization of financing for the tourism sector is one of the key elements of the success of Djibouti's cultural and environmental tourism model strategy.

As such, the State encourages:
- facilitating access to investor financing;
- development of innovative financing;
- information activities/training for youth on the potentialities of the tourism sector.

Article 22: In order to promote the rapid and sustainable development of tourism and to create positive training effects on the national economy, the State enacts measures and actions of support and support and financial and fiscal benefits specific to tourism investment.

CHAPTER V-
4th AXIA OF THE IMPLEMENTATION OF POLICY

Section 1: Development policies and renewal of tourism products

Article 23: In order to realize the tourism model of Djibouti, the public authorities encourage the creation of new tourism products to highlight the assets of the destination Djibouti, including the following products:
- The products of the Tourism of Congress and Seminar through the systematic use of existing and future infrastructures;
- the products of Nature Tourism both maritime and terrestrial, enjoying the absolute or almost absolute benefits that Djibouti has through its natural tourist sites. These products are part of the tourist corridors designed to connect coastal and interior tourism by creating a chain of new tourism products;
- The products of Cultural Tourism, whose resulting cultural heritage, are associated with archaeological riches;
- Ecological tourism products that will form the image of Djibouti's tourism brand through the strengthening and extension of the investments of rural tourism accommodation adapted to international tourism.

Article 24: Services and tourism activities must meet the standards of quality, classification and operation provided for in existing legislation and regulations.

As such, the tourism administration, in coordination with the institutions concerned, must work to strengthen the monitoring function of tourism activities and the conditions of its exercise.

Section 2: Environmental and ecological tourism policies

Article 25: The State ensures the protection of the environment, which is the preferred axis of tourism in the Republic of Djibouti both from the coast, islands and the interior.
Public policies to generate an appropriate framework for ecological tourism are implemented through:
- The establishment of clean city policies;
- Organization of a direct relationship between tourism, hotel and catering.

Section 3: Vocational Training Policies

Article 26: As part of the promotion of services and tourism promotion, the public authorities encourage the development of specialized and appropriate training for tourism trades and tourism activities and ensure the expansion of the field of tourism promotion and information.

Article 27: The development of human resources related to tourism trades and tourism activities is an area of tourism development. The state encourages:
- The sustained integration of tourism trades into the national vocational training system;
- The creation of new training institutions in the various sectors of tourism;
- The creation of private training institutions in tourism;
- The opening of sectors of tourism economy at the level of higher education;
- The opening of alternate and continuing training courses.

Article 28: Both initial and continuous tourist and hotel formations are essential to ensure the success of tourism development. The training policy will take into account the employability of young people to meet the current and future needs of the sector.

Article 29: A special committee is established to monitor and coordinate training activities for development and tourism promotion.
The composition, operation and missions are regulated.

Section 4: International Promotion Policies

Article 30: Is considered as a tourist promotion any information and communication action intended to enhance the tourism potential for its commercial exploitation including on strengthening investment and partnership opportunities.

Article 31: Tourism promotion is the preferred instrument for the valorization of heritage and potentialities and tourist assets.
It includes market research, communication programs and uses various forms of marketing such as fairs, publications and specialized media and modern design, realization and dissemination techniques.

Article 32: Tourism promotion is of public utility and is the responsibility of the State.
As such, it enjoys all forms of assistance and support from the State and local authorities.
The National Tourism Agency whose status, organization and missions are defined by regulation is responsible for overseeing the tourism promotion.

Article 33: The State intends to facilitate the access provisions of tourist visitors to our country.

CHAPTER VI
FINAL PROVISIONS

Article 34: The implementation of this national strategy, the implementation of its programs and the coordination of its actions are the responsibility of the Ministry Delegate to the Ministry of Economy and Finance, responsible for Trade, SMEs, Craft, Tourism and Formalization.

Article 35: All relevant ministries and public and para-public bodies, including those in the private sector, associations and NGOs, are required to take into account, in all their actions, the terms and orientations of this National Strategy for Tourism Development and Promotion and its programmes, to collaborate and contribute to the success of this undertaking.

Article 36: All earlier provisions contrary to this Act are repealed.

Article 37: This Act shall be registered upon promulgation.

Done in Djibouti, 30/04/2019


President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH