Decree No. 2013 - 1369 October 21, 2013

Original Language Title: Décret n° 2013-1369 du 21 octobre 2013

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Decree No. 2013 - 1369 21 October 2013 Decree No. 2013-1369 October 21, 2013 repealing and replacing Decree No. 63-446 July 3, 1963, laying down the conditions under which members of the Armed Forces may be allowed to marry.

REPORT of PRESENTATION the State took the decision to open the Senegalese Armed Forces to women since 1984. The senior military hierarchy quickly joined and implemented this political will.
However, the integration of women in the Armed Forces is currently facing difficulties related notably to an inadequate legal framework because not taking into account the specific situation of female employees.
Order to meet the Government's objective of achieving equity and gender equality in all areas of economic and social life, it seems essential to revise certain instruments of the current legal framework of the Armed Forces, including Decree No. 63-446 laying down conditions in which members of the Armed Forces may be authorized to enter into marriage.
It is the purpose of the present draft decree that fills in the gaps identified in the Decree of 1963 supra particularly in: widening its scope of application to all members, regardless of gender;
  With only members of the same class may contract marriage, stating that the change category of a spouses reached subsequently does not cause the regularity of marriage;
  Finally modifying the service time to accomplish before you can qualify for a marriage licence. To the Sub officers and corporals incumbent heads of certificate of fitness No. 2, the duration of obligatory celibacy is thus fixed at three years of effective service at least. For the other non-commissioned members, permission is granted only after five years of service effective for men and four years for women.
Several of his articles being affected by changes, it seemed more appropriate to repeal and replace the aforementioned 63-446 decree by the present draft decree.
That is, the President of the Republic, the economy of the present Decree.

The President of the Republic given the constitution, particularly articles 43, 45 and 76;
Pursuant to law No. 61 - 55 of 23 June 1961 aimed at the creation of a single civil status and its regulations;
Pursuant to law n ° 62-37 of 18 May 1962, establishing the general status of the active armed forces officers, amended by law n ° 65-10 February 04, 1965;
Pursuant to law No. 62-38 of May 18, 1962, establishing the general status of career NCOs, as amended by laws No. 65-09 February 04, 1965 and 66-24 February 1, 1966;
Pursuant to law n ° 63-15 February 5, 1963, establishing the status of reserve officers, as amended;
Pursuant to law n ° 69-69 October 30, 1969, punishing army recruiting rules violations;
Pursuant to law No. 70-23 of June 6, 1970, on the organisation of national defence, as amended;
Pursuant to law n ° 72-41 of 1 June 1972 code of the family;
Having regard to Act No. 82 - 12 July 23 submitting to military status the Groupement National des Sapeurs Pompiers personnel;
Pursuant to law n ° 84-62 dated August 16, 1984 on the General Organization of the Armed Forces, supplemented by Act No. 89-02 of January 17, 1989;
Having regard to Decree No. 63-446 03 July 1988 laying down the hierarchy and the conditions of progress of military personnel of the army, the Gendarmerie and the national grouping of the fire brigade, amended by Decree No. 89-692 dated June 15, 1989 and August 7, 2012 2012-847;
Having regard to Decree n ° 90-1159 of 12 October 1990 on the regulation of general discipline in the Armed Forces, amended by Decree on September 26, 2003 2003-696;
Mindful of Decree No. 91-1173 07 November 1991 laying down rules for the recruitment of the army, amended by Decree No. 97-14 January 14, 1997;
Having regard to Decree 2006-110 February 16, 2006, on the organisation of the Ministry of the Armed Forces;

Mindful of Decree No. 2008-1012, August 18, 2008, on the particular status of the staff of the National Gendarmerie, amended by Decree n ° 2010-1584 of December 06, 2010;
Having regard to Decree No. 2013 - 1223 of 02 September 2013 on the composition of the Government.
Having regard to Decree n ° 2013-1225, September 04, 2013 bearing allocation of services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and ministries;
Report of the Minister of the Armed Forces.

Decrees: Article 1. -for military personnel of the Armed Forces may not contract marriage only after authorization by the following authorities: marriage to a Senegalese or a Senegalese: Minister of the Armed Forces for all officers;
  Chief of general staff of the armed forces to the Sub officers armies of Earth, sea and Air;
  Top Gendarmerie Commander and Director of Military Justice to the Sub officers belonging to the Chef de Corps weapon for non-commissioned members.
Marriage to an alien or a Foreign Minister of the Armed Forces for the personnel of all ranks.
Military marriage: only members of the same class may marriage between them. The subsequent change of category of one of the spouses does not cause the regularity of marriage.

S. 2. - authorization to contract marriage may be granted only after the execution of statutory military service.

S. 3. - permission to contract marriage is also subject to the following conditions: under officers, licensed master corporals of the technical aptitude certificate n ° 2: completing three years of effective services at least;
  Other non-commissioned members: completing five (05) years of actual service at least for males and four (04) years for women...
The composition of the application record of marriage be fixed by ministerial instruction.

S. 4 - permission to contract marriage is valid for six (6) months, starting from the day of the decision. After this period, the marriage may be authorized.

S. 5. - are repealed all provisions contrary to this Decree, including Decree n ° 63-446 July 03, 1963.

S. 6. - the Minister of the Armed Forces and the Minister of the Interior shall be responsible, each in relation to the implementation of this Decree which shall be published in the official journal.
Made in Dakar, October 21, 2013, by the President of the Republic: Macky SALL Prime Minister Aminata TOURE