Act No. 19/An/13/7Th On Reorganization Of The Center Of Study And Research Of Jibuti.

Original Language Title: Loi N° 19/AN/13/7ème L portant réorganisation du Centre d'Etudes et de Recherche de Djibouti.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Act No. 19/AN/13/7th L reorganizing the Djibouti Centre for Studies and Research.

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



VU The Constitution of 15 September 1992;
VU Law No.02/AN/98/4 L of 21 January 1998 on the definition and management of public institutions;
VU Law No. 116/AN/01/4th L of January 21, 2001 to reorganize and change the name of the ISERST in the Center for Studies and Research of Djibouti;
VU Law n°162/AN/12/6th L of June 09, 2012 organizing the Ministry of Higher Education and Research;
VU Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0045/PRE of 31 March 2013 appointing members of the Government;
VU Decree No.2013-0058/PRE of 14 April 2013, establishing the powers of the Ministries;
VU Circular No.198/PAN of 11/11/13, convening the first public meeting of the National Assembly;

The Council of Ministers heard in its meeting of 18 June 2013.

PART I
GENERAL PROVISIONS

Article 1: The Djibouti Centre for Studies and Research (CERD) is a scientific and technological public institution. It has legal personality and financial and administrative autonomy. It is attached to the Ministry of Higher Education and Research, which exercises its control and follow-up to these activities in accordance with the directions and objectives set by the government in the field of scientific research.

Article 2: As such, the Minister of Higher Education and Research gives this institution of Scientific Studies and Research the guidance of the general policy, to which it must comply, develops performance contracts, monitors execution and requests accounts.

PART II
MISSIONS

Article 3: The main tasks of CERD are:
1. Implement research and technological development programmes within the framework of the choices and priorities set by the Ministry of Higher Education and Research in line with the objectives set by the Government;
2. To contribute to the dissemination of scientific and technical information, to the publication of research and to the provision of technology monitoring activities;
3. to assist in strengthening national research;
4. to promote scientific training, dialogue and exchange;
5. to perform services to the research operators and to contribute to the valorization and transfer of the research results;
6. to establish agreements or contracts of association, as part of research or services activities, with public or private research institutions and organizations;
7. to create synergies among the various research teams working on priority themes identified by the Government;
8. conduct the evaluation and follow up on all research or services in which it is involved;
9. To ensure at the request of the public authorities all missions in relation to its areas of competence;
10. to sign conventions and cooperation agreements with foreign agencies pursuing the same objectives.

PART III
THE ADMINISTRATION COUNCIL

Article 4: A Board of Directors is an administrative body for the Centre for Studies and Research. He will be assisted by the Scientific Council.

Section I: Missions

Article 5: The Board of Directors assists the general policy on scientific research in accordance with the strategic directions defined by the government. The Board of Directors:
1. vote the budgets and adopt the accounts for the previous year;
2. examines and adopts the General Organization Plan for Scientific Research and the Annual Programme of Activities;
3. Stop the rules of procedure of CERD;
4. defines the human resources policy and the conditions of remuneration of staff;
5. examines and decides on the modalities, the regularity of recruitment, the granting of compensation, benefits in kind;
6. approves the annual report of the Scientific Council;
7. investigates and encourages cooperation projects on research or services activities with other national or international institutions or institutions;
8. Ensures the promotion of the use of new information and communication technologies as part of scientific cooperation.

Section II: Composition and operation

Article 6: The Board of Directors is composed of nine members (09) chosen according to their respective competences in the fields of activity of CERD. Members are:
1. a representative of the Minister of Higher Education and Research;
2. a representative of the Presidency of the Republic;
3. a representative of the Primature;
4. a representative of the Ministry of Budget;
5. a representative of the Ministry of Habitat, Urbanism, and the Environment;
6. a representative of the Ministry of Agriculture, Fisheries, Mining and Fisheries Resources;
7. the President of the Scientific Council;
8. a representative of the Ministry of Energy responsible for natural resources;
9. President of the University of Djibouti or his representative.

Article 7: The members of the Board of Directors shall be appointed for a period of three years, by Order in Council of Ministers, on the proposal of the Minister of Higher Education and Research.
In the event of a failure, alternate members will be appointed under the same conditions.
The Director General, the Accountant Officer and the Administrative and Financial Director of CERD attend the ordinary and extraordinary plenary sessions of the Board of Directors.
The President of the Board of Directors may invite the Council, any person belonging to or not to the staff of the institution and may inform the Council of the matters to be discussed.

Article 8: The President of the Board of Directors is elected by the members of this Board. Members designated for public services are appointed on the proposal of the institutions concerned.

Article 9: The Board of Directors is convened in ordinary plenary session by its President. It may also be held in special plenary session at the request of a third of its members. In this case, a written and substantiated request must be made and transmitted to the President of the Board of Directors. The latter has fifteen days to convene this type of session.
As required, and with a view to deciding on technical matters, the Board of Directors may be convened in restricted committees.
In all cases:
1. the convocation specifies the date, time, place and the agenda of the session;
2. the Board of Directors shall meet only if the quorum of the simple majority of its members, present or represented, is reached.
A member of the Council may be represented by another member in the form of a term at the beginning of the session. No member can hold more than one term. If the required quorum fails, the session shall be returned to seven days. The new session was then held without a quorum requirement.

Article 10: The deliberations, opinions and proposals are taken and rendered in the form of votes by a simple majority of the members present or represented. In the event of a vote-sharing, the President of the Board of Directors is the preponderant. A sessional report is prepared under the authority of the President of the Board of Directors and is transmitted within eight days to the Minister of Higher Education and Research, who issues his opinions, before the publication of the minutes.
Each member receives a copy of the minutes that he or she must transmit to the institution he or she represents.
The sessions of the Board of Directors are not public.
Where the Board of Directors fails to take a prescribed act under the laws, regulations, court decisions or contractual commitments, the Minister of Higher Education and Research continues to take the necessary measures and actions. The time limit for a stay cannot be less than fifteen days. At the end of this period and on the basis of a finding of deficiency previously notified to the Director General of the institution, the Minister of Higher Education and Research shall make the legal provisions for the establishment of a new Board of Directors.


Article 11: Any decision of the board of directors, once approved by the guardianship, shall make it enforceable.

Article 12: The Board of Directors must meet at least three times in the year:
In plenary session, the Board of Directors deliberates on:
1. the annual planned activity report and the annual performance report produced by the Director General of CERD. This report incorporates research components;
2. technical issues to be addressed urgently;
3. or any other matter deemed relevant by the President of the Board of Directors.
His opinions may be the subject of draft decrees or decrees proposed by the Minister of Higher Education and Research.

PART IV
EXECUTIVE BODY

Section I: General Directorate

Article 13: The Directorate General manages the scientific, administrative and financial management of the Centre d'Etude et de Recherche de Djibouti.

Article 14: The Centre d'Etude et de Recherche de Djibouti is headed by a Director General appointed by decree made in the Council of Ministers for a period of three years, on the proposal of the Minister of Higher Education and Research, justifying a professional experience of at least five years, with a doctorate and having recognized expertise in scientific research.

Article 15: The Director General of the CERD:
1. represents the Centre for Studies and Research of Djibouti in respect of third parties and signs all acts involving the Centre;
2. ensures the national and international radiation of the Centre;
3. prepares and executes the Board of Directors' deliberations;
4. submit the deliberations of the Board of Directors to the Minister of Higher Education and Research;
5. produces the annual planned activity report and the Centre's annual performance report;
6. is a revenue and expenditure order under the legislative and regulatory provisions for the management of public administrative institutions;
7. is required to regularly inform the Minister of Guardianship on the operation of the institution by attending cabinet meetings chaired by the Minister of Guardianship and by submitting a quarterly activity report to the Minister;
8. may delegate its signature to the Acting Director General.
The Director General benefits from the allowances and benefits of the Secretary General of the Ministry.
In the event of a temporary absence or incapacitation, the President of the Board of Directors shall designate an interim General Management Board among the Directors of Institutes of the CERD on the proposal of the Board of Directors.

Article 16: The Director General is assisted by a management board composed of directors of institutes, the Administrative and Financial Director, the Director of Information Systems, technical advisors and the accounting officer.
He assists the Director General in particular in his objectives:
1. To ensure the coordination and monitoring of scientific research programmes;
2. To ensure the development of the Centre ' s radiation;
3. to prepare research programmes;
4. to contribute to raising funds for research programmes;
5. to define the training programme;
6. contribute to the preparation of annual activity reports and budgets;
The internal operating procedures of the Board of Directors are set by the Internal Settlement of the Establishment.

Section II: Administrative and Financial Directorate

Article 17: Under the authority of the Director General, the Administrative and Financial Directorate is responsible for:
1. To prepare and present the draft budget of CERD, to include subsidies for the benefit of the latter, to supervise and control its execution;
2. follow the financial management of the institution under the control of the accounting officer;
3. manage centralized credits, commit and liquidate expenditures;
4. centralize and maintain the administrative accounting of CERD in close collaboration with the public accountant of the institution;
5. managing and monitoring human resources, conventions and protocols with national bodies, legal affairs and litigation;
6. follow the supply and budget (in close collaboration with the accounting officer: budget development, accounting records, vendor records, mission development, etc.).
The Administrative and Financial Director is appointed by order on the proposal of the Minister of Higher Education and Research after the advice of the Director General. He is appointed Director of General Administration and is entitled to compensation and benefits for this function.
The Administrative and Financial Directorate relies, as part of its activities, on three (3) services:
1. Human resources service;
2. the service of financial resources;
3. service of maintenance, equipment and supply.

Article 18: The Human Resources Department, responsible for international cooperation, provides:
1. human resources management (forecasts, career plan, job profiles, discipline);
2. the management of the contracts of missionary and permanent researchers;
3. the instruction of the transport and mission records and the issuance of the corresponding titles and orders;
4. coordination of international aid interventions for the benefit of the institution;
5. monitoring the implementation of the terms of the institution's protocol agreements, carried out with multilateral and bilateral cooperation.

Article 19: The financial resources department is responsible for:
1. prepare under the control of the accounting officer and present the draft budget of the CERD, include the subsidies for the benefit of the accounting officer, supervise and monitor the execution of the subsidy;
2. follow the financial management of CERD;
3. manage centralized credits and liquidate expenditure;
4. centralize and maintain the administrative accounting of the institution in close collaboration with the Public Accountant of CERD;
5. monitoring the progress of the disbursement rate of projects with the local and international partners of CERD.

Article 20: The Maintenance, Equipment and Supply Service is responsible for:
1. Participate in the definition of the infrastructure standards of CERD and in the infrastructure operations included in its budget. It represents the establishment during their realization;
2. Monitoring and maintenance of equipment and equipment (mobiliers, offices and computers);
3. ensure the management and maintenance of buildings;
4. Monitoring and maintenance of transport equipment;
5. Monitoring and maintenance of the supply generator and inventory management.

Section III: Information Systems Directorate

Article 21: Under the authority of the Director General, the Information Systems Directorate is responsible for:
1. visibility and national and international radiation of the Centre;
2. Geographic Information Systems, Remote Sensing, Databases and Mapping;
3. the management and conservation of archives;
4. the management of the CERD website;
5. the proper preservation and dissemination of documents and results produced by CERD.
The Director of Documentation and Communication shall be appointed by order on the proposal of the Minister of Higher Education and Research after the advice of the Director General. He is appointed Director of General Administration and is entitled to compensation and benefits for this function.
The Information Systems Directorate relies, as part of its activities, on three (3) services:
1. the Library and Media Service;
2. Service of Geographic Information Systems, Remote Sensing and Databases;
3. the service of computer networks and maintenance.

Article 22: The Library and Media Service is responsible for:
1. National and international radiation of the Centre;
2. the maintenance of the CERD website in connection with the various institutes;
3. the proper preservation and dissemination of the documents and results produced by CERD;
4. the organization and management of the library;
5. the keeping of an inventory record of books and materials of the library, made available to researchers;
6. overseeing the management of document and book loans;
7. to identify the needs of the library for the acquisition of books and other scientific documents, in collaboration with the Administrative and Financial Directorate on the budgeting of these resources;
8. scientific extension.

Article 23: The Geographic Information Systems, Remote Sensing and Database Service is responsible for:
1. to invent all maps relating to national geo-referenced data;
2. to establish a database of geo-referenced information through the Geographic Information System;
3. to publish national thematic maps;
4. to prepare thematic atlases;
5. to conduct research activities in geographic information systems and remote sensing.

Article 24: The network and IT maintenance service is responsible for:
1. maintenance of the Centre's entire electronic and computer park
2. intranet network management;
3. the internet and its applications (NTIC);
4. develop the applications necessary for the proper functioning of the Centre.
Administrative and technical services are each headed by a chief of service appointed by the Minister of Higher Education and Research after the advice of the Director General of CERD.
Chiefs of Service receive benefits and benefits from a department head of service.

PART V
RESEARCH INSTITUTS

Section I: Research Institutes

Article 25: CERD includes several specialized institutes in various fields of scientific research:
1. Institute of Earth Sciences (IST);
2. Institute of Life Sciences (ISV);
3. Medical Research Institute (MRI);
4. Institute of Languages (IL);
5. Institute of Political, Economic and Social Studies (IEPES).

Article 26: The Institutes are responsible for:
1. to prepare and propose research programmes in accordance with national sustainable development guidelines;
2. to carry out research programmes;
3. to ensure its management;
4. to publish the results of the research;
5. prepare their annual work programmes and their respective activity reports;
6. to organize scientific events: seminars, symposiums, workshops and seminars.
They are also involved in multidisciplinary programs. They have specialized laboratories in their areas of activity.

Article 27: The institutes are headed by directors appointed by decree taken in the Council of Ministers for a period of three years, on the proposal of the Minister of Higher Education and Research, justifying a professional experience of at least five years, having a doctorate and having recognized expertise in the field.
The directors of the institute benefit from the allowances and benefits of the Directors of the General Administration.
In the event of a temporary absence or incapacitation, the Minister of Higher Education and Research on proposal of the Director General shall designate an interim director.

Article 28: The research areas of the Institute of Earth Sciences cover:
1. geology, tectonics, volcanology;
2. seismology, geodesy;
3. hydrogeology, hydrology, climatology;
4. geochemistry;
5. geomaterials;
6. applied geophysics;
7. Metallogenia, mining research, oil research;
8. energy;
9. risk management and natural disasters

Article 29: The research areas of the Institute of Life Sciences cover:
1. biotechnology;
2. improvement of plants for adaptation to drought and salinity;
3. Combating desertification;
4. biodiversity;
5. marine biology;
6. Microbiology;
7. Agronomy;
8. the pedology;
9. the environment;
10. Any other field in relation to life sciences.

Article 30: The research areas of the Institute of Medical Research cover:
1. the study of medicinal plants;
2. biomedical research;
3. phytotherapic substances;
4. the study of resistance to ARV-TB...

Article 31: The research areas of the Institute of Political, Economic and Social Studies cover:
1. studies on traditional cultures;
2. History;
3. archaeology;
4. social and political sciences;
5. the study of conflicts and their resolutions;
6. regional integration;

Article 32: The research areas of the Institute of Languages cover:
1. linguistics;
2. Sleeping languages, Somali, Afar, Arab, etc.

Article 33: The Research Institutes have a management autonomy in scientific research.

Article 34: Departments can be established within the institutes.

Section II: Scientific Council

Article 35: In scientific research, the Centre is assisted by a Scientific Council.

Article 36: The Missions
1. The Council ensures that the Centre's scientific policy is consistent with the research strategies and priorities defined by the Ministry of Higher Education and Research;
2. The scientific council ensures that the centre's scientific policy is consistent with the country's development strategy.
He gives his opinion:
- on the main orientations of the scientific policy of the centre, as well as on the common principles for assessing the quality of the research;
- on the creation or suppression of programmes involving an institute, several institutes or a research unit.

Article 37: The composition
The Scientific Council of CERD is composed of 22 members:
14 permanent members:
- the Director General of CERD (President of the Scientific Council);
- the Director of Higher Education and Research;
- the 5 directors of institutions of CERD;
- President of the University of Djibouti;
- the 5 Deans of Faculty of the University of Djibouti, or their representatives;
- the Dean of the Faculty of Medicine of Djibouti;
- 8 members at the national and international level designated by MENSUR, on the proposal of the President of the Council, because of their scientific competence for a period of 3 years renewable once.
Scientific committees may be established as much as necessary to review files and formulate proposals that will then be submitted to the Scientific Council

Article 38: The Scientific Council meets at least once a year on the convocation of its President.
It deliberates validly when two thirds of its members are present.
If this quorum is not reached, a second meeting is convened within eight days. The council then deliberates without condition of quorum.
The Scientific Council shall make its decisions by a majority of the votes of the members present.
In the event of equal sharing of votes, the president's voice is preponderant.

PART VI
FINANCIAL ORGANIZATION

Section I: Accountable Agent

Article 39: The Accountant of CERD is a public accountant. He is appointed by Order in Council of Ministers.
The Accountable Agent is personally and financially responsible for the operations that he or she takes or notes in his writings. He is the only competent person to:
1. Cash the proceeds of CERD and pay its expenses;
2. Maintain general accounting;
3. maintain, manage and maintain funds and manage cash.

Section II: Budget

Article 40: CERD has an autonomous budget that is governed by the rules of public accounting, prepared by the accountant in collaboration with the services concerned; it is transmitted for approval to the Board of Directors by the Director General.
The accounting year begins on January 1 and ends on December 31.

Article 41: CERD may open to private banks the place of accounts on which expenses will be taken and paid revenues, subsidies from the State, partner organizations and international, regional or local funds.

Article 42: The budget of CERD consists of:
(a) in income:
1. State subsidies;
2. services provided as contractual transactions;
3. bequests and gifts;
4. participations from international organizations and bodies;
5. rental of premises and equipment;
6. sales of products and articles from technologies developed in CERD.
(b) in expenditure:
1. operating loads;
2. investment expenses;
3. financial expenses;
4. miscellaneous expenses.

PART VI
FINAL PROVISIONS

Article 43: This Act replaces Act No. 116/AN/01/4th L of 21 January 2001 on the reorganization of Djibouti's Study and Research Centre (CERD).

Article 44: This Act is published in the Official Journal of the Republic of Djibouti.

Done in Djibouti, 14/12/2013

President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH