Council of Ministers June 15 2023 Decisions

On Thursday, June 15, 2023, a Council of Ministers was held from 11:00 a.m. to 1:00 p.m. at the Presidential Palace in Abidjan, under the chairmanship of His Excellency Mr. Alassane Ouattara, President of the Republic, Head of State.

The agenda of this meeting included the following points:

A/ General Measures

• Draft laws
• Draft ordinance
• Draft decrees

C/ Communications

D/ Miscellaneous

A/ GENERAL MEASURES

DRAFT LAWS

1- Under the Ministry of Justice and Human Rights;

The Council adopted two (02) draft laws:

• The first draft law amends Law No. 61-415 of December 14, 1961, on nationality, as amended by Laws No. 72-852 of December 21, 1972, No. 2004-662 of December 17, 2004, Decisions No. 2005-03/PR of July 15, 2005, No. 2005-009/PR of August 29, 2005, and Law No. 2013-654 of December 13, 2013.

This draft law aims to prevent fraud regarding Ivorian nationality, particularly by addressing marriages of convenience contracted to bypass the ordinary naturalization procedure. Thus, this law prevents the immediate acquisition of Ivorian nationality for a foreign spouse following the administrative formality of marriage to another spouse of Ivorian nationality.

It requires the acquisition of nationality through a declaration by the foreign spouse before the Minister of Justice, after a probationary period of five (5) years from the date of marriage, to test the stability of the union and the applicant’s interest in Ivorian nationality. Furthermore, nationality is acquired only on the date of acceptance of the declaration of acquisition of Ivorian nationality by the competent authority.

• The second draft law relates to the protection of the emblems of the Red Cross, Red Crescent, and Red Crystal.

The designations Red Cross, Red Crescent, and Red Crystal, as well as the distinctive signals intended to identify medical units and means of transport, which symbolize impartial humanitarian assistance to the wounded and vulnerable people on the battlefield worldwide, have acquired vital protective value in times of armed conflict and peace.

This draft law aims, without prejudice to the international instruments protecting them, to prevent their abusive use in peacetime and armed conflict in our country, in order to safeguard the trust and symbolism they embody. To this end, the draft law determines the conditions and modalities for the use of the emblems and distinctive signals of the Red Cross, Red Crescent, and Red Crystal. It specifically identifies the areas or fields of their use and provides an exhaustive list of entities or authorities authorized to use them.

2- Under the Ministry of the Interior and Security;

The Council adopted three (03) draft laws:

• A draft law amending Article 54 of Law No. 2014-452 of August 5, 2014, on the mode of creation, attributions, organization, and functioning of the Autonomous District.

• A draft law amending Article 12 of Law No. 2014-453 of August 5, 2014, on the Status of the Autonomous District of Abidjan.

• A draft law amending Article 12 of Law No. 2014-454 of August 5, 2014, on the Status of the Autonomous District of Yamoussoukro.

These different amending draft laws add the function of Senator to the list of incompatibilities with the position of Governor of the Autonomous District, taking into account the Ivorian Constitution of November 8, 2016, as amended.

3- Under the Ministry of Construction, Housing, and Urban Development;

The Council adopted a draft law concerning the professions of Engineer and Consulting Engineer in the field of Building and Public Works.

This draft law defines the professions of engineers and consulting engineers and establishes the conditions for their practice in order to improve professional practices and ensure the protection of users against potential deficiencies in studies, works, and the supervision of infrastructure implementation in the field of Building and Public Works.

For this purpose, it provides for an Order of Engineers and Consulting Engineers responsible for organizing the practice of these professions, ensuring their protection against unauthorized individuals, and overseeing professional responsibility and ethics.

DRAFT ORDINANCE

Under the Ministry of the Interior and Security;

The Council adopted an ordinance and two (02) related decrees:

• An ordinance amending Articles 149, 153, 171, and 175 of Law No. 2012-1128 of December 13, 2012, on the organization of local authorities and the ratification bill related to it.

• A decree establishing the numerical composition of Regional Councils and the bureaus of Regional Councils.

• A decree establishing the number of Municipal Councilors and Deputy Mayors per Municipality.

These three (3) measures are implemented in accordance with Law No. 2012-1128 of December 13, 2012, on the organization of local authorities, which establishes a direct correlation between the composition of the management bodies of the Region and the Municipality and the population of these local authorities. Thus, the numerical composition of Regional Councils and the bureaus of Regional Councils, as well as the number of Municipal Councilors and Deputy Mayors per Municipality, are determined based on the population counted in the respective local authority.

Considering the increase in the population living in regions and municipalities, based on the final results of the General Population and Housing Census (RGPH) of 2021, this ordinance and the subsequent texts modify the numerical composition of the deliberative and executive bodies of local authorities to better reflect the diversity of currents and opinions and to ensure better support for the populations under their responsibility.

Regarding the Region, the maximum number of regional councilors is increased from 60 to 90, with a minimum of 35 regional councilors for regions with a population below 300,000 inhabitants. As for vice presidents, the ceiling has been raised to 8 for regions with a population exceeding 1,000,000 inhabitants, compared to the current 6.

For the Municipality, the maximum number of municipal councilors increases from 50 to 75, with a minimum of 28 municipal councilors for municipalities with a population below 10,000 inhabitants. As for Deputy Mayors, the maximum number has been increased from 6 to 8 for municipalities with over 1,000,000 inhabitants.

DECREE PROJECTS

1- Under the Ministry of Justice and Human Rights, in conjunction with the Ministry of State for Foreign Affairs, African Integration, and the Diaspora, and the Ministry of State for Defense;

The Council adopted a decree establishing the National Commission for the Implementation of International Humanitarian Law, its powers, organization, and functioning.

This Commission has been an advisory body providing technical support to the Government on International Humanitarian Law since 1996. This decree reorganizes the functioning of the Commission to make it more dynamic and to promote the dissemination and protection of International Humanitarian Law in our country.

2- Under the Ministry of Mines, Petroleum, and Energy, in conjunction with the Ministry of Economy and Finance, the Ministry of Budget and State Portfolio, and the Ministry of Environment and Sustainable Development;

The Council adopted a decree granting a research permit for gold to the company “LACGOLD RESOURCES SARLU” in the departments of Taabo, Djékanou, and Toumodi.

This research permit is issued for a validity period of four (04) years, in accordance with the current technical and environmental standards.

3- Under the Ministry of Trade, Industry, and SME Promotion, in conjunction with the Ministry of Economy and Finance and the Ministry of Budget and State Portfolio;

The Council adopted a decree amending decree No. 2017-411 of June 21, 2017, regarding the powers, organization, and functioning of the Competition and Anti-Price-Fixing Commission.

This decree enhances the institutional and financial capacities of the Commission to strengthen its monitoring and repression operations against anti-competitive practices in the market.

4- Under the Ministry of Animal Resources and Fisheries, in conjunction with the Ministry of State for Agriculture and Rural Development, the Ministry of Interior and Security, the Ministry of Water and Forests, the Ministry of Health, Public Hygiene, and Universal Health Coverage, and the Ministry of Environment and Sustainable Development;

The Council adopted a decree defining the conditions and procedures for accrediting establishments responsible for cleaning, disinfection, insect control, and rodent control in premises hosting or housing animals and places of storage for animal products.

Issued in accordance with Law No. 2020-995 of December 30, 2020, establishing the Veterinary Public Health Code, this decree aims to strengthen the prevention and control of animal diseases and new risks related to pathogenic agents. It will also address sanitary risks based on technological developments in livestock farming, processing, and marketing of animal products.

5- Under the Ministry of Higher Education and Scientific Research, in conjunction with the Ministry of Public Service, the Ministry of Economy and Finance, and the Ministry of Budget and State Portfolio;

The Council adopted five (05) decrees:

• A decree defining the powers, organization, and functioning of Félix Houphouët-Boigny University.

• A decree defining the powers, organization, and functioning of Nangui Abrogoua University.

• A decree defining the powers, organization, and functioning of Félix Houphouët-Boigny National Polytechnic Institute.

• A decree establishing the creation, powers, organization, and functioning of Bondoukou University.

• A decree establishing the creation, powers, organization, and functioning of an Administrative Public Institution called Bondoukou Regional University Works Center, abbreviated as CROU Bondoukou.

This set of decrees is part of the deployment of the University Decentralization Program and the University Map, with the aim of establishing universities to increase the capacity of Higher Education’s training and research units and develop training programs tailored to the needs of the national economy. In this regard, Bondoukou University, which brings the total number of functioning public universities to nine (9), will open its doors in the 2023 academic year, following the recent opening of San-Pedro University and Man University. Divided into four (4) development phases, Bondoukou University will start with a student body of 3,000. Ultimately, in phase 4, Bondoukou University plans to accommodate 20,000 students, who will be trained in social sciences, architecture, and urban planning, among other specialties.

Thus, these decrees establish the governance, reception, and educational framework of Bondoukou University. They also ensure compliance of the previously established university centers, namely UFHB, UNA, and INP-HB, with the new requirements introduced by the new law on Higher Education, Research, and Innovation, adopted in May 2023. In accordance with this law, which designates university establishments as Administrative Public Institutions with a Scientific and Technological character, these decrees reorganize these institutions in terms of institutional, academic, and financial renovation, aiming to elevate the Research and Higher Education system to a level of quality and performance that enables our country to sustainably support its competitiveness on the international stage.