Act No. 107/An/15/7Th Amending The Status, Organization And Operation Of The National Institute Of Public Administration.

Original Language Title: Loi N° 107/AN/15/7ème L portant modification du statut, de l'organisation et du fonctionnement de l'Institut National d'Administration publique.

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Act No. 107/AN/15/7th L amending the status, organization and operation of the National Institute of Public Administration.


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the constitution;
VU Decree No.95-106/PR/PM of 11 October 1995 amending Decree No. 88-062/PRE on the establishment of the Administrative Training Centre (CFA);
VU Law No. 48/AN/83/1st L of 26 June 1983 on the general status of public servants;
VU Law No.2/AN/98/4 L of 19 January 1998 on the definition and management of public institutions;
VU Decree No.89-0062/PR of 29 June 1989 on the special statutes of civil servants;
VU Decree No.99-0078/PR/MFEN of 08 June 1999 on the definition and management of public institutions;
VU Decree No.2001-0012/PR/MEFPCP of 15 January 2001 regulating public accounting;
VU Decree No.2001-0211/PR/PM of 04 November 2001 on administrative public institutions and regulating the transitional period of public enterprises;
VU Decree No.2002-0170/PR of 26 September 2002 establishing conditions for the recruitment of State staff;
VU Order No.95-0912/PR/FP of 25 October 1995 establishing the Observatory for Training in Public Administration;
VU Decree No.2016-109/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 Circular No.158/PAN of 26/05/16 calling for the fourth public session of the 1st Ordinary Session of 2016;

The Council of Ministers heard in its meeting of 05/08/2016.



Article 1: The National Institute of Public Administration (INAP) is erected as an administrative public institution with moral personality and financial autonomy, attached to the Ministry of Labour responsible for the reform of the Administration. It is subject to the provisions governing public institutions.



Article 2: The National Institute of Public Administration is responsible for the following tasks:
- provide training to newly appointed officials following recruitment or promotion;
- to ensure the development and retraining of management frameworks from the Administration (departments, schools and health facilities, public institutions and decentralized bodies), but also civil society organizations and the private sector;
- respond to specific training requests from organizations by proposing tailor-made training programmes in management;
- animate reflections and discussions of peer groups on the major issues of the Administration and major files;
- offer advice and support activities;
- develop and maintain partnerships with foreign training institutions to meet certified training requests from the Administration or public and private institutions.



Article 3: The National Institute of Public Administration is administered by a Board of Directors and includes the following administrative structures:
- General Directorate,
- Training Directorate,
- Communications Service,
- Administrative Affairs.



Article 4: The Board of Directors takes place as the INAP governance body.


Article 5: The Council has the following powers:
- set out the main directions of the Institute;
- approve, subject to government directives, the policies and strategic objectives proposed by the Branch;
- validate the Institute's three-year strategic plan for development, the action plans, and the activity reports;
- approve the objective and management contract prepared by the general management and accepted by the related ministry.
- adopt the rules of procedure of the establishment before submission to the labour inspection and establish, if necessary, a discipline committee;
- approve the staffing plan for recruitment, advancement and personnel management developed by the general management of the institute to be submitted to the Ministry of Staff Relations;
- approve the role and composition of the Board of Directors committees that could be proposed by the President or the Director General (budget-audit-development programs, etc.)

Article 6: The Board of Directors adopts the budget and ensures its proper execution. In this regard:
- approves the administrative account and the establishment management account;
- the Director General's proposal sets out the rates of vacations;
- he accepts gifts and bequests;
- it sets out general guidelines for paid services.

Section II: Composition and operation

Article 7: The Board of Directors consists of eleven (11) members:
- a representative of the presidency of the Republic;
- a representative of primacy;
- a representative of the Ministry of Labour in charge of administrative reform;
- a representative of the Ministry of Economy and Finance;
- a representative of the Ministry of Interior and Decentralization;
- a representative of the Ministry of National Education;
- a representative of the Ministry of Health;
- a representative of the Ministry of Higher Education;
- a private sector representative.
The Director General attends meetings of the Board of Directors.

Article 8: The members of the board of directors shall be appointed for a period of three years renewable by an order made in council of ministers on the proposal of their ministry of assembly. They are chosen according to their skills and expertise in the field of the missions of the public institution in question. In the event of a loss of professional quality by one of the members of the board, the member shall be provided with the replacement of the member under conditions identical to those mentioned for the remaining period of his or her term.

The Chair of the Board of Directors may, depending on the issues on the agenda, invite any person to the recognized expertise.

Article 9: The board of directors shall elect the president for a period not exceeding that of his or her term as administrator. The Vice-Chair shall be elected under the same conditions as the Chair of the Board of Directors.
In the event of the President's temporary unavailability, the President may delegate his prerogatives to the Vice-Chair. However, if this non-availability exceeds a period of two months, the Vice-Chair will convene and chair the Board of Directors in special session to elect a new Chair.

Article 10: The board of directors shall meet at least four times a year on the convocation of its president and in a special session, where the circumstances require it or that half of the members request it.
An administrator may be represented by another person with a written proxy. This power of attorney will be handed over to the President of the Board of Directors at the beginning of the session. No administrator can be assigned more than one term.

The duties of member of the board of directors are unpaid. However, the costs of participation in board sessions may be borne by the Institute.

Article 11: The board of directors can only deliberate if half the more one of its members is present. Its decisions are made by a simple majority of votes. In the event of a vote-sharing, the president's vote is preponderant.

A report is prepared following each meeting under the authority of the chair of the board. A copy is sent within eight days after the Minister of Home Affairs, the Minister of Economy and Finance and each of the directors. They have 15 days to send their remarks. After this period, the report is considered tacitly adopted. The sessions of the Board of Directors are not public and its members are held to the confidentiality of their exchanges.

Records relating to board sessions are provided to directors, as well as to the related minister at least ten working days prior to the date on which the board was held.

Article 12: The decisions of the Board of Directors are enforceable.



Article 13: The National Institute of Public Administration is placed under the authority of a Director General responsible for the management of educational, technical, administrative and financial aspects. As such, the Director General is responsible for:
- to lead and coordinate the preparation and presentation to the board of directors of the INAP strategic plan;
- to lead and coordinate the development of the annual budget and annual staffing plan;
- to participate in the beginning of the board of directors and at the request of the president, replace it in certain activities;
- to follow up on the decisions of the Board of Directors;
- to develop and propose to the Board of Directors policies and directives for the Institute and to ensure its respect;
- to lead the management committee of the institute;
- to carry out the assignment of staff in accordance with the regulations in force and to assess their performance;
- to develop an annual training programme for the staff of the Institute and ensure its implementation;
- to participate in the radiation of the institute and represent it outside;
- to establish and maintain relations with potential client organizations and institutional partners;
- to lead and coordinate the development of cooperation agreements with national and/or international partners;
- to follow up on these agreements and make appropriate reports to the Board of Directors;
- to coordinate the development of reports of activities of all kinds;
- to lead and coordinate the preparation of the annual report;
- to validate and present the annual financial statements;
- to provide appropriate reports and analyses regarding the general functioning of the institute.
Article 14: The Director General is subject to the supervision of the Board of Directors who conducts the audits and checks that the Director considers necessary at any time of the year. It is required to communicate to the Board of Directors all documents that the Board considers useful.

Article 15: Management bodies, in addition to management, include:
The training management includes:
- an academic cell composed of four academic coordinators;
- the administrative affairs department consists of a library, a computer cell and a maintenance and security cell;
- Communications.

Article 16: The Director of Training, under the authority of the Director General, is responsible for:
- to develop and follow up the projects of the management development plan and annual action plan;
- to coordinate and supervise the activities of its management;
- to coordinate the development of the provision of training and advisory services;
- ensuring the relevance and quality of products and services provided by management;
- coordinating the design and overseeing the delivery of training programs;
- to coordinate all educational activities and to make schedules;
- managing relationships with trainers;
- recommend the hiring of individual trainers;
- approving the schedule of academic coordinators;
- to evaluate the performance of staff annually under its immediate direction;
- to evaluate the overall performance of individual trainers;
- to develop and maintain a network of contributors to management;
- to ensure contacts and exchanges with similar organizations;
- to negotiate contracts with INAP's client organizations;
- to represent the institute in different forums;
- to participate in the management committee.

Article 17: The Academic Coordinators, under the authority of the Director of Training, are responsible for:
- to analyze the training needs of client organizations;
- to develop the syllabus of continuous and tailor-made training programmes;
- to participate in the choices of individual contractors;
- to support vacatary trainers at the educational level;
- to implement the system of evaluation of training provided by individual contractors;
- organizing and animating government reception sessions;
- to get involved in the organization and realization of the meetings of the various forums;
- to intervene as experts in INAP's advisory assistance interventions.

Article 18: The Chief Administrative Officer, under the authority of the Director General, shall:
- to coordinate and supervise the activities of the units under its service;
- to develop, propose and implement the INAP resource management policies;
- to develop the draft staffing plan;
- to prepare, coordinate and deal with public procurement;
- to analyze relevant financial indicators and reports;
- to assess the performance of staff under its immediate service;
- to participate in the management committee.

Article 19: The Chief Communications Officer, under the authority of the Director General, is responsible for:
- coordinating and overseeing communications activities;
- to design and propose to the Director General a plan and communication tools.
- to ensure the design and updating of the INAP website;
- to ensure contacts with the media and to organize the conduct of official events;
- to support training management in the marketing of the various programs and services offered by the institute;
- to ensure the development of fruitful relations of the institute with its public;
- to advise the Director General on the development of institutional relations at the national and international levels;
- to welcome and supervise the course of the coming of visitors of the brand and of delegations and missions of foreigners to the INAP;
- to prepare the annual report;
- to participate in the management committee meetings.

Article 20: The Director General shall be appointed by order made in Council of Ministers. It has rank and benefits of an administrative director general of public establishment.
The Director of Training, the Chief Administrative Services and the Chief Communications Officer are appointed on a simple order, they are selected from the A1 hierarchy. They are respectively ranked and benefited from Director and Chief of Service.

Article 21: The accounting officer shall ensure the accounting of material and financial resources under the conditions prescribed by the laws, regulations and procedures manuals of the Institute.

The provisions relating to the management and definition of public institutions of an administrative nature, including those specific to the accounting officers, are applicable to it in full law.

Article 22: The National Institute of Public Administration may, on behalf of natural or legal persons, public or private law, carry out training or counselling activities on the basis of terms defined by agreements with the above-mentioned persons.



Article 23: INAP's resources include:
- the annual budgetary allocations of the State managed in accordance with the rules of public accounting;
- its own resources from training activities, counselling and related activities (renting training rooms, pedagogical materials, catering for seminars and seminars, etc.);
- grants, gifts and liberalities of foundations, donors or other development partners;
- any other resources that would come to be entrusted to it under legislative, regulatory or international agreements and conventions;
- and with the prior agreement of the Ministry of Linking, products from foreign countries or foundations that have entered into training agreements with the institution concerned and possible contributions from development partners in the framework of the training and consulting projects entrusted to INAP.

Article 24: Under the regulations in force, the Director General is the principal agent of the institution. It is entitled to issue revenue for recovery, liquidate claims and order expenses.
He prepares the budget with the collaboration of the accounting officer. The accounting officer must object to any irregular and abnormal expenses and must then justify the refusal of his visa. In addition, the accounting officer is required to report on the manner of use, the said financial offence under the legal or regulatory provisions.
The execution of the budget is the responsibility of the Director General of INAP in accordance with the laws and regulations governing public establishments, taking into account the specificities set out in this Act regarding the management of clean resources.

Article 25: For the management of the use of resources under this Act, INAP implements the following steps:
- the development of a convention for the management of objectives and performance indicators subject to the reporting authority;
- annual activity reports submitted to the Home Department.

Clean resource transactions are housed in a bank account enlivened by the double signature of the Director General and the accounting officer.



Article 26: All provisions contrary to this Act are repealed.

Article 27: This Act shall take effect from the date of promulgation and shall be enforced wherever necessary.

Done in Djibouti on 12/06/2016

President of the Republic,
Head of Government