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 n°174/AN/02/4ème The decentralization and status of the regions of 7 July 2002;
VU Law No.122/AN/05thL on the status of the City of Djibouti of 1 November 2005;
VU Law n°139/AN/06/5th Amendment to Act No. 174/AN/02/4th L
of 07 July 2002 on the decentralization and status of the regions of 4 February 2006;
VU Law n°149/AN/11/6th L portant modification de la loi n°174/AN/02/4ème The decentralization and status of the regions and Article 6 of Law No.122/AN/05/5th L relating to the status of the city of Djibouti;
VU Decree No.2007-0099/PR/MID on the transfer and distribution of competence between the State and the territorial communities of 3 May 2007;
VU Decree No.2007-0100/PR/MID on powers of prefects of 3 May 2007;
VU Decree No.20016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Decree 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 Order No.2007-0432/PR/MID establishing a monitoring committee on the conditions and modalities for transfer of jurisdiction between the State and the territorial authorities;
VU Circular n°407/PAN of 20/12/2016 convening the fourth public session of the 2nd Ordinary Session of the year 2016;

The Council of Ministers heard in its meeting on 22 November 2016.

PART I

GENERAL PROVISIONS


ARTICLE 1: The purpose of this Act is to clarify the internal organization of the Ministry Delegate to the Minister of the Interior responsible for Decentralization.

Article 2: The Department is the accelerator vector of citizen accountability and the reconciliation of administration to the administered.

Article 3: The Minister Delegate carries out his mission in collaboration with the Minister of the Interior, as well as all the local and regional communities concerned with the issues of decentralization.

Article 4: With regard to administrative deconcentration, the Minister Delegate works closely with the relevant ministerial departments in their respective areas of competence.

PART II:

MISSIONS AND ATTRIBUTIONS


Article 5: The Ministry of Decentralization has the task of developing and implementing the guidelines of the national policy on decentralization and administrative deconcentration as defined by Decree No.20016-148/PRE of 16 June 2016 establishing the powers of the Ministries. In accordance with general principles, missions and responsibilities in accordance with the broad balances established by the President of the Republic, Head of Government, the Ministry ' s competences are primarily as follows:
- Designing and implementing the process of implementing the national policy on decentralization and deconcentration throughout the national territory;
- To jointly define with the ministries concerned the policy of deconcentration of their administration and to monitor the implementation of the effective implementation of the deconcentrated services of the State in all regions in order to allow the rapprochement between the administration and the administration;
- Develop and implement regional administration reform and local tax policy in consultation with the Ministry of Labour responsible for the Reform of Administration and the Ministry of Budget in collaboration with local and regional authorities;
- Promote and implement local development in different regions according to their strengths and specificities;
- Promoting regional economic development and establishing adequate attractive and incentives;
- Preparation of legislation and regulations on decentralization;

- Develop a programme for the progressive transfer of concurrent skills to the transfer of the necessary human and financial resources to local and regional communities in collaboration with the public authorities and services of the various sectors;
- Establish a specific programme for capacity-building in each region and in the municipalities of the city of Djibouti;
- Conduct diagnostic studies of the regions of the communes of Djibouti;
- Accompany the land development policy in conjunction with the Ministry of Habitat, Urbanism and the Environment and the Ministry of Economy, Finance;
- Develop and implement local development plans of regional and local communities.

Article 6: The Department supports regional councils in the development of regional and local budgets in collaboration with the Budget Department.

PART III:

DE L'ORGANISATION DU MINISTERE


Article 7: In order to fully carry out its tasks and deploy the government's decentralization and administrative deconcentration programme, the Ministry-Delege has the following bodies:
- Cabinet;
- The General Secretariat;
- National Technical Directorates;
- Regional Technical Assistants.

CHAPTER 1: CABINET


Article 8: The Minister Delegate has a firm which includes the following bodies:
- The Special Secretariat;
- Counsellors;
- Order office.

ARTICLE 9: The Special Secretariat of the Minister Delegate consists of a Secretary of Management, Assistant Secretaries and Administrative or Service Officers who are directly attached to it.
He manages the general correspondence of the firm, the classification and archiving of his particular files, the management of his agenda and his movements.

Article 10: The Technical Advisors are studying, instructing the files that the Minister entrusts to them and submitting to his decision. They can under cover of the Minister Delegate, use the technical skills of the departments and departments of the department.
They are appointed by Order in Council of Ministers on the proposal of the Minister. It is terminated under the same conditions.

CHAPTER 2: THE GENERAL SECRETARIAT


Article 11: The General Secretariat shall coordinate the direction and actions of the Minister-Delegated on administrative, technical and related matters with other ministerial departments.
In this context, the General Secretariat is responsible for:
- coordinating the actions of the various technical branches;
- circulate the information, decisions and guidelines between the Minister Delegate and the various departments of the department;

- centralize information, reports and reports from the technical branches;
- coordinating and monitoring the activities and programmes of the department ' s technical branches;
- Implement and follow departmental decisions involving technical branches;
- facilitate relations and exchanges with the directorates of the other departments through its approach;
- animate and coordinate the activities of the technical branches;
- prepare for the Minister for action plans and the objectives set for the directions;
- planning the major missions of the directions for the year;
- follow annual work plans and multi-year programmes; - controlling the execution of these missions, assessing the results for the minister;
- prepare and execute the budget of the Ministry Delegate, monitor the management of finances and personnel in liaison with the office and the management of human and financial resources;
- to represent under the responsibility of the Minister Delegate in his relations with other Ministries, institutions, enterprises and public bodies as well as with bilateral and multilateral aid institutions.

In the performance of his duties, the Secretary General has authority over the Technical Directorates of the Ministry of Decentralization.

He proposes all measures to the Minister to improve the performance of the directorates and the functioning of the department.

Article 12: The Secretary-General is appointed by Order in Council of Ministers on the proposal of the Minister-Decentralization. He is terminated under the same conditions.
Upon delegation of the Minister Delegate, the Secretary General may be authorized to sign correspondence and documents relating to the internal activity of the Ministry.

CHAPTER 3: NATIONAL DIRECTIONS AND REGIONAL SUBDIVISIONS


Article 13: The Ministry of Decentralization has two branches:
- Directorate of Decentralization and Deconcentration;
- Prospective and Territorial Development Directorate.

ARTICLE 14: Direction of Decentralization and Deconcentration is responsible for:
- To study, develop, explore ways and means to implement adequate decentralization in line with national reality;
- To conduct the regular evaluation of the implementation of the decentralization policy in the territories;
- Organize permanent dialogue with the various authorities for a fruitful dialogue;
- Coordinate, harmonize the actions of regional technical sub-directions on decentralization;
- Implement the policy of reconciliation of administration to improve services to populations;
- Conduct a diagnostic examination of services rendered to populations in the capital and regional territories;
- To carry out the status of public service delivery by the administration to users residing in the regions and to propose measures to improve their quality;
- To state the human and financial means of the administrations of the regional territories;

- To carry out the deployment of human resources and equipment in the territories;
- To ensure the coherence of governmental measures taken in the context of decentralization;
- Develop and support the implementation of local development plans in consultation with other ministerial departments;
- Submit to the arbitration of the Minister Delegate the institutional, political reforms to reduce the costs of decentralization;
- Establish a monitoring and evaluation mechanism for all actions and projects that can be carried out in the area of decentralization;
- Implement all projects in the areas of decentralization and administrative deconcentration.

ARTICLE 15: The Directorate of Decentralization and Deconcentration is composed of six regional sub-directions to work in the five regions of the interior and in the city of Djibouti which are as follows:
- Sub-Direction Agglomération de Djibouti;
- Sub-Direction Régionale d'Ali Sabieh ;
- Sub-Direction Régionale d'Arta ;
- Sub-Direction Régionale de Dikhil;
- Obock Regional Sub-Directorate;
- Regional sub-direction of Tadjourah.

ARTICLE 16: Regional Sub-directions
Regional Sub-directions are deconcentrated services of the Delegate Ministry. Regional Sub-directions are technical structures. Each region has a Regional Sub-direction that will have the competence to exercise its prerogatives in the respective region. The Regional Sub-direction is responsible for the effective implementation of the decentralization and administrative deconcentration policy. The Regional Sub-direction is the focal point of decentralized and disconnected administration in the territory. It is the preferred interlocutor of elected officials, government authorities in the area of deconcentration and decentralization. The Regional Sub-direction provides a monthly update on the advancement of decentralization and administrative deconcentration policy. It assesses the quality of services offered to populations. Each Regional Sub-direction will carry out its mission in close collaboration and intelligence with the existing authorities: the Prefect, regional elected officials, notables and modern civil society.

Article 17: The Prospective and Territorial Development Directorate consists of three (3) Sub-directions:
- Subdirect Studies and Planning;
- Sub-direction of Finance, Human Resources, and Communication;
- Project and development sub-direction.

Article 18: The Prospective and Territorial Development Directorate is responsible for:
- Conduct the necessary studies for the implementation of the decentralization and administrative deconcentration policy;
- Programme and develop the terms of references to essential studies (Economic, Administrative and Institutional Studies);
- Collect information of all kinds relevant to the definition of a decentralization policy, the creation of reliable databases, the development of programme plans and the identification of measures;

- Ensure statistical monitoring of the evolution of key indicators in the areas of decentralization and local development;
- To carry out the forward-looking studies necessary for the development of the strategies, planning and programming documents resulting from them, for the analysis and monitoring of program development;
- Conduct and conduct surveys of specific needs in education, health, any service to the population throughout the national territory;
- To compile a file of the projects necessary for the development of the regional territories;
- Establish a mapping base for all territorial projects within the framework of decentralization;
- Develop the necessary budgets for the implementation of the programmes granted;
- Harmonize the deployment of projects to be carried out in the regional territories;
- Plan programming with the departments concerned.

ARTICLE 19: The directors of the Ministry are appointed by presidential decree on the proposal of the Minister Delegate for Decentralization. The Deputy Heads of the Ministry are appointed by presidential decree on the proposal of the Minister Delegate for Decentralization.

It is terminated under the same conditions.

CHAPTER 4: FINAL PROVISIONS


ARTICLE 20: The detailed responsibilities and the functioning of the various entities of the Ministry of Decentralization will be defined and completed in an implementing decree.

ARTICLE 21: This Act repeals all previous legislation and/or regulations that are contrary.

ARTICLE 22: This Act comes into force after it comes into force