Regulations on service in international peacekeeping operations.


Date FOR 1998-09-11-870


Ministry Defense Ministry


Published Dept. In 1998 1195


Commencement 01.01.1999

Edited


Changes


For
Norway

Legal

LOV-1996-02-23-9-§2, LAW-1996-02-23-9-§3, LAW-1996-02-23-9-§4, LAW-1996-02-23- 9 Article 6, LAW-1996-02-23-9-§7

Promulgated


Short Title
Regulation on international peacekeeping operations

Chapter Overview:

Chapter I. Introductory provisions (§§ 1-2)
Chapter II. Qualifications for service in international peacekeeping operations (§§ 3-9)
Chapter III. Conclusion of contract (§§ 10-12)
Chapter IV. Compulsory service without signed contracts (§§ 13-14)
Chapter V. The modalities of the selection to serve in an international peace operation (§§ 15-17)
Chapter VI. Exemption Scheme (§§ 18-21)
Chapter VII. Notice of service and preparatory current assignment (§§ 22-25)
Chapter VIII. Duties related to service during an international peace operation (§§ 26-30)
Chapter IX. Social factors, etc. during and after serving in an international peace operation (§§ 31-34)
Chapter X. Repatriation (§§ 35-40)
Chapter XI. Administrative provisions (§§ 41-42)
Chapter XII. Commencement and transitional arrangements (§§ 43-44)

Adopted by Royal. Res. 11 September 1998 pursuant to the Act on 23 February 1996 no. 9 about serving in international peacekeeping operations § 2, second paragraph, § 3, fourth paragraph, § 4, second paragraph, § 6, first paragraph and § 7. Submitted by the Ministry of Defence.

Chapter I. Introductory provisions

§ 1. Scope of the Regulations These regulations apply serving in international peacekeeping operations under the Act on 23 February 1996 no. 9 about serving in international peacekeeping operations.

§ 2. Definitions law in this regulation means the law on 23 February 1996 no. 9 about serving in international peacekeeping operations.
With immediate family in this regulation means spouse, partner, registered partner, children, parents, grandparents, in-laws and siblings. Cohabitation must have lasted for more than nine months and shall be documented with transcript from the population register. The requirement for 9 months of cohabitation does not apply if the officiating has children with her partner.
With repatriation in this regulation means repatriation from serving abroad in an international peace operation before the repatriated would normally returned to Norway, regardless of whether repatriation happens with or against the repatriation will, however, not repatriation as a result of an application for exemption by this regulation Chapter VI.

Chapter II. Qualifications for service in international peacekeeping operations

§ 3. Requirements for military education Withdrawal of personnel to ensure the force contribution satisfactory operational status in accordance with current national and multinational standards.
Printed crews must have completed their least 9 months of initial military service or completion of 6 months' military service and then have been transferred to the National Guard. For conscripts aboard Navy vessels, it is sufficient that the crew have completed at least 3 months' military service, provided that the vessel is the general pattern.
Protection notification / discharged officers shall at least have completed basic officer training (discharged officers courses / Officer Candidate School) in one of the branches of the military or National Guard. Officer training at the National Guard without other basic officer training is not sufficient.
Defence Command may grant exemptions from the first, second paragraph and the third paragraph

A)
for women who had their military basic training before voluntary military service was introduced and who have relevant vocational training, and

B)
in other special circumstances, including in order to make use of categories of specialists that defense would not otherwise be able to recruit.

It could be made a condition for granting exemptions under the third paragraph that the personnel commits to undergo special military courses prior to serving in an international peace operation.

§ 4. Age-related claims personnel must be 18 years old and should be filled 19 years at the time of dispatch.
For common man capers measures shall not normally discharged personnel who have reached 35 years before the date of dispatch, and in no event after the age of 44 years. Reserve Officers should not be over 55 years.

§ 5. Health requirements, etc. The personnel must meet the requirements for physical and mental fitness for service in international peacekeeping operations as Defence Command sets.

Personnel because of health condition is totally or partially or may be exempted from military service in Norway is not normally discharged to the service of an international peace operation.
Personnel are obliged to undergo the necessary medical examinations, checks and tests (including HIV / AIDS testing and routine urine and blood samples) for evaluation of service excellence and other conditions of the service or to prohibitions against the use of alcohol, drugs or doping. Spending on such required examinations, checks and tests covered by the defense.
Personnel obliged to be vaccinated or subjecting other preventive measures against infectious disease by further provisions laid down by the Defence Command. Spending on such mandatory measures covered by the defense.

§ 6. Language Requirements personnel should master English written and spoken. Defence Command can determine that for participation in a particular international peace operation or for specific service positions require additional language skills, cf. § 16.

§ 7. Formal competency certificates etc. The personnel is obliged to disclose the status of certificates, licenses, authorizations or other proof of competence required for the current service position, and some of these permanently or temporarily has been or is withdrawn.
The officiating duties without delay, notify the official channels if it appears obvious that the person is placed in a service position without fulfilling the formal requirements have been pledged for the service position.

§ 8. Requirements for security and good repute serving in an international peace operation is conditional on valid security clearance in accordance with the current requirements of this for the different service positions.
Serving in an international peace operation is conditional upon good military and civil conduct. Personnel must not be charged, indicted or convicted (including fined or given a waiver) for conditions that have a sentence of imprisonment of two years or more. In exceptional cases, Defence Command stipulate other conduct requirements.
Personnel are obliged to disclose all relevant to the conduct, including sanctions judgments, fines, prosecution omissions and chastening. The servicemen are obliged to notify the suspensive department if he is under prosecution.

§ 9. Qualification requirements for personnel who are not Norwegian citizens Defense Ministry determines the eligibility requirements that will apply to personnel covered by the Act § 2, second paragraph. Decision authority can be delegated to Defence Command.

Chapter III. Conclusion of contract

§ 10. Service that requires pre-gone contract Defence Command or authorized by them may decide that personnel must have signed a contract in advance as a condition for imposition of or employment by

A)
standby force which is particularly relevant for insertion in international peacekeeping operations, for example. because strength is enrolled in an international force register

B)
international staff / department that may be relevant for insertion in international peace operations, or

C)
other national or international service where serving in international peacekeeping operations can be expected and where it is considered obviously required that the contract is signed beforehand.

§ 11. Contract Form and competent to conclude contracts on behalf Armed Defense Ministry determines form of contract referred to in the Act § 3
contracts shall contain written information about the probation provisions applicable.
Defence Command or authorized by them has authority to enter into contracts on behalf Armed Forces according to law § 3.

§ 12. Defence Information duty Before the contract is signed, the defense in writing have given comprehensive information on the obligations that the individual undertakes and whether other general service matters that are of importance for participation in international peacekeeping operations. If it does not cause significant economic costs for the military such information shall also be given orally, and in all cases if the volunteer requires.
Defense must ensure that the individual gets reasonable time controls from the information given to the contract signed.
Defense Ministry may make further provisions regarding disclosure requirements.

Chapter IV. Compulsory service without contracted

§ 13. Maximum assignment period, etc. For people who are ordered to serve in an international peace operation under the Act § 4, second paragraph, the total active duty period during his career not exceed two years.

From the time of homecoming after operating as a result of such request, there shall be at least two years before the new assignment pursuant to the Act § 4, second paragraph can take place.
Exemptions from the provisions of this section may only be made if the assignment pursuant to the Act § 4, second paragraph is necessary to assist Norwegian personnel abroad because their life or health is in immediate danger.

§ 14Ordering Authority Ministry of Defence may take policy decisions under the Act § 4 second paragraph generally allow the use of assignment authority in a particular international peace operation, if the case does not require a decision by the Crown under the Constitution § 28
King empowered under § 4, second paragraph, to order the individual career officers, delegated to the Ministry of Defence. Authority may be delegated further to the Chief of Defence.

Chapter V. The modalities of the selection to serve in an international peace operation

§ 15. Assessment of suitability Upon withdrawal of service in an international peace operation must be given to the personnel's physical and mental fitness for such service.

§ 16. Language Test For serving in an international peace operation may be set as a condition that the personnel first undergo and comprises one or more language tests, cf. § 6

§ 17. Supplementary provisions Defence Command complementary provisions on selection criteria, application procedures and selection procedures.

Chapter VI. Exemption Scheme

§ 18. Exemption due to overweight health, welfare or social reasons Exemption from official duty shall be granted if the applicant for exemption proves

A)
that the applicant's health condition is of such a nature that service in an international peace operation will involve an excessive burden for competent,

B)
that because of personal matters related to the applicant or his immediate family would be unreasonable to order the person to serve in an international peace operation,

C)
that due to previous orderings overseas will involve an extraordinary burden on the competent receiving imposition of an international peace operation, or

D)
that there are other weighty circumstances warranting exemption from service obligation.

Exemption can be granted permanently or for a specified period.

§ 19. Consequences of exemption Where an exemption is granted while the person serving in an international peace operation, it shall be sent home as soon as practicable and under given normal operating conditions and remaining personnel safety. In other cases, granted exemption have immediate effect from the date of adoption.

§ 20. Processing of applications etc. The application for exemption submitted Defence Command, which decides on the application.
The decision can be appealed to the Ministry of Defence. Public Administration Chapters IV to VI shall apply.

§ 21. Supplementary provisions More detailed provisions on exemption grounds and the processing of applications for exemption may be granted by the Ministry of Defence.

Chapter VII. Notice of service and preparatory current assignment

§ 22. Notice Deadlines Notification Notice of serving in an international peace operation should normally be determined personnel least 4 weeks before the meeting to take place in Norway. If notification by public announcement, the time limit begins to run from the date the notification was first announced.
Defence Command can determine other notice deadlines and contingency requirements for those serving in or at the disposal of Norwegian land, air or sjøstridsavdelinger / devices enrolled as reaction force to NATO or enrolled in other international force registers, and in other special cases.

§ 23. Mandatory etc. The invitees are obliged to implement such measures that meeting can take place as ordered.
If the person summoned by compelling reasons can not meet as planned, shall be obliged to notify this to the notice of authorities. Information provided about the reason that attendance can not take place, may be required documented, for example, by a medical certificate. Unless the person summoned is transportation accomplished, shall be obliged to allow themselves to prepare for military doctor.

§ 24. Service Period normal maximum length period of continuous service in an international peace operation should normally not exceed eight months, including preparatory service as referred to in § 25
Defence Command may decide that service period shall be of longer duration for service as UN observer or in other special circumstances.


§ 25. Preparatory service personnel ordered to serve in an international peace operation under the Act § 4, duties as part of the service period to carry out the necessary preparatory training and exercises in Norway or abroad.

Chapter VIII. Duties related to service during an international peace operation

§ 26. Norwegian jurisdiction Under current assignment abroad are all Norwegian personnel under Norwegian criminal and disciplinary jurisdiction, unless otherwise provided by law or agreement with a foreign state or international organization.

§ 27. Obligation to acquire other service position during such service The officiating may temporarily reassigned to another service position that they can cover or trained for, when this is justified by operational and service needs, regardless of the military branch he or she belongs or which service position the person have sought or been promised.
Reallocation under subsection does not entail reduced contractual wages.

§ 28. Obligation to undergo medical examinations, etc. § 5 third paragraph apply correspondingly during such service and immediately after returning from serving in an international peace operation.

§ 29. Compliance with international obligations Norwegian military forces are set under international or foreign command, have the same obligations as forces under Norwegian command to comply with the rules and principles of international humanitarian law that Norway is at all times bound.

§ 30. Specific duties during service abroad Under serving in international peacekeeping operations, the following applies:

A)
That service implies an international responsibility, and that the officiating duties to seek to avoid actions that could be perceived as detrimental to the strength or Norway.

B)
At the officiating during and after the service is not to provide information to outsiders about matters they are familiar with their duties and that may damage the interests of an international organization, participating nation or host country.

Defense Ministry may establish other specific duties for Norwegian personnel abroad, including providing Norwegian regulations concerning the storage and use, etc. of alcohol, drugs and doping and importation and exportation of goods, apply mutatis mutandis to the duty to the extent that the Norwegian provisions are stricter than stay the country's laws and regulations.

Chapter IX. Social factors, etc. during and after serving in an international peace operation

§ 31. Payment of Defence Command establishes provisions on practical procedures related to the payment of wages to the person serving in an international peace operation.

§ 32. Housing conditions defense can not denounce signed temporary lease / boavtale or impose tenant to vacate military housing or quarters while renter serving in an international peace operation, although leash / boavtalen expire under current assignment period.
If the tenancy is not extended, given the officiating two-month deadline to vacate the residence, from the date of return to Norway after serving in an international peace operation.
By notice of service of an international peace operation concerned shall immediately contact the agency that administers leash / boavtalen.

§ 33. Joint Under such service obligations defense to establish liaison as the officiating's immediate family can turn to for support and information.
If necessary defense energize further resources to support the contact link or for information coverage or measures beyond kontaktleddets expertise or capacity.
Further provisions for kontaktleddets organization and tasks given by the Defence Command.

§ 34. Medical follow-up after returning to Norway After completing service in an international peace operation, the Armed Forces responsible for showing personnel to facilitate civil healthcare by any need for treatment of physical or psychological harm. Armed Forces are obliged to assist the competent person and the civilian health care system in areas where defense possesses special expertise.

Chapter X. Repatriation

§ 35. Basis for repatriation The officiating be recovered if

A)
competent for health, disciplinary or other reasons deemed unfit or unworthy of further current assignment,

B)
safety considerations dictate that they should no longer remain in the mission area or

C)
Norwegian authorities decide to withdraw all or part of the strength home before the expected repatriation date.


§ 36 of decision Decisions concerning repatriation under § 35 letter a or b taken by the chief of the Norwegian force in an international peace operation. This provision shall not affect the right of the commander of a multinational force to also decide on such repatriation.

§ 37. Procedural rules Before repatriation carried out, the officiating made aware of the basis for repatriation and given an opportunity to comment. The person has at any stage in the proceedings the right to be assisted by another person of their choice in accordance with the Public Administration Act § 12.
commander of the Norwegian force will ensure that the case is clarified as thoroughly as possible before repatriation implemented.

§ 38. Complaint The unjust repatriated may appeal the matter before the Advisory Appeals in repatriation cases (repatriation Tribunal), regardless of who actually or formally initiated or taken a decision about repatriation.
Appeals must be submitted in writing to the administrative guardian department within three weeks after returning to Norway. The rules regarding the expiry of a deadline for appeals of the Administrative Act § 31 shall apply accordingly. Administrative guardian department informs the Ministry of Defence and Armed Forces High Command immediately after the complaint exist and sends complaint with the department's endorsements as soon as possible to the repatriation committee.
The repatriated shall before or immediately after returning home made aware of the right to appeal under the provisions of this chapter and the appeal deadline, and on the possibility of bringing the matter before the Ombudsman for National Defence.

§ 39. Repatriation Board composition and function Repatriation Committee do not have independent decision-making authority, but give advice on what should be the result of complaints submitted to the Tribunal.
The Tribunal shall be composed of three persons appointed by the Ministry of Defence for two years at a time. The chairman shall be a lawyer who is not serving in the military or Defense Ministry. The other members shall represent respectively employers (Armed Forces) and the appellant's trade union. If the complainant is not organized, appointed a representative of an official organization for a rotation system established by the chairman.
Tribunal shall normally come into function within two weeks after a complaint is filed.
The Tribunal has the right to have access to the case documents, and may otherwise obtain the information deemed necessary.
If the Tribunal in general finds that repatriation practices should be addressed by the international organization responsible for the implementation of a specific international peace operation, it provides advice on this to the Ministry of Defence.
At the end of each year prepares Committee a report on the board's activities during the year. The annual report is sent Defence and the Armed Forces High Command.
Defense Ministry may issue further provisions on the administration of the Tribunal and the Tribunal.

§ 40. A complaint complainant should be allowed to give oral for Democracy.
Repatriation Committee shall make an overall assessment of the repatriation. There will be special emphasis on rules and regulations established by international organizations for the current international peacekeeping operation, and whether the repatriated has violated laws, regulations, instructions or the like set by the Norwegian authorities. The proceedings shall be assessed in the light of practice and general rules on proper procedures.
Tribunal shall postpone consideration of a complaint if the repatriated has been awarded disciplinary chastisement and rebuke the complaint or prosecution has been initiated against him.
A complaint to the Tribunal is not to preclude the defense initiates the notice or avskjedssak against the repatriated.
Committee advises the Ministry of Defence concerning the complaint should be upheld or not. If the Tribunal finds that the matter is not properly dealt with, it gives advice on what should be done to rectify this. This may partly be advised that the repatriated given financial compensation, limited to the person concerned would have earned in salary plus if repatriation had taken place, and / or that the repatriated declared entitled to apply for future international peacekeeping operations.
If Defence Command, or portion thereof can follow it or the advice repatriation tribunal granted, the repatriated appeal case before the Ministry of Defence. The provisions of § 38 subsection applies correspondingly insofar as appropriate. Defense Ministry's decision is final.
Provisions of the Public Administration § 36 applies.

Chapter XI. Administrative provisions

§ 41. Delegation of authority Kongens empowered under §§ 2 and subsection 7 letter f delegated to the Ministry of Defence.

King empowered under § 3, fourth paragraph delegated to Defence Command.

§ 42. Management of contracts, etc. Defence Command determines which bodies of the Armed Forces that will manage contracts, receiving applications for such service is and keep track of current serving.

Chapter XII. Commencement and transitional arrangements

§ 43. Entry into force This regulation enters into force on 1 January 1999.

§ 44. Transitional arrangements for personnel who have signed a contract for service in international peacekeeping operations before the Act and these regulations entered into force, the terms of the contracts for such service, while adhering to the provisions of this Directive which give better rights or protection than current contract terms , nevertheless can be claimed by the personnel.