Equipo Nizkor - Sudan: The Decree creating the National Commission of IHL.

Presidency of the Republic
Presidential Decree (48) 2003

CREATION OF THE NATIONAL COMMISSION OF IHL

President of the Republic

In accordance with article 43 of the Constitution of Sudan 1989 and referring to the recommendation of the Minister of Justice I declare the following decree: -

Title and Date of Effect of the Decree

1- This decree is called "The Decree Creating The National Commission of IHL".

Composition of the Commission

2- (1) A national commission is to be formed. Its called called " the National Commission of IHL

(2) The commission mentioned in article (1) shall be formed as follows: -

a- Minister of Justice chairman of the commission

b- State minister at the MFA a member and an alternate chairman (vice president)

c- Undersecretary of Ministry of Justice member

d- Head of Human Rights &IHL Dept - Ministry of Justice a member and reporter

e- Members appointed by the chairman of the Commission,

taking into consideration that they should represent the following parties

(1) Ministry of Foreign Affaires

(2) Ministry of Interior

(3) Federal Ministry of Health

(4) Federal Ministry of Education

(5) Ministry of Higher Education and Academic Research

(6) Ministry of Defense

(7) Ministry of Humanitarian Affaires

(8) Ministry of International Cooperation

(9) Sudanese Red Crescent Society

(10) Ministry of Information & Communication

(11) Chairman of Law commission of the National Assembly

(12) Sudanese Intelligence

(13) Ministry of Council of Ministers

(14) Independent dignitaries and experts

3- The Commission is entitled to seek support and expertise from whomever it sees from the institutions, dignitaries, civil society groups, and trade unions on consultative bases.

Headquarters of the Commission

4- the headquarters of the Commission shall be based in Khartoum. The commission is entitled to establish sub-offices in the states' capital cities

The General Secretariat of the Commission

5- (1) the commission shall have a general secretariat, formed from the chairman of the commission, the reporter, executive and finance director, and others appointed by the chairman of the commission,

(2) The General Secretariat has the responsibility of running the daily work of the commission and performing the tasks and responsibilities of the commission. It is also responsible of the set up, the approval, and the expenditure of the budget, or any other tasks assigned by the commission.

Responsibilities of the Commission

6- The commission shall have the following responsibilities: -

(a) Reviewing the national legislation related to the IHL and determining whether it is in harmony with the provisions of IHL , and providing the suggestions aiming at amelioration of those legislations to ensure their accordance with the national interest and the development of IHL.

(b) Setting the mechanisms and measures necessary to implement the provisions of the IHL and bring it into practice.

(c) Approving the plans and programs that ensure the dissemination and spreading of the IHL, developing the law awareness about its provisions among the different parts of the community and state's organs, and follow-up the implementation of the law provisions.

(d) Studying, approving, and organizing workshops and all other activities concerning the IHL in Sudan, and participating in the international conferences, symposiums, and activities abroad,

(e) Participating in studying and previewing the drafts of the international conventions and the protocols related to the IHL, and suggesting the appropriate recommendations to the relevant authorities,

(f) Developing the cooperation and exchanging of experiences with the national, regional, and international organizations working in the field of the IHL, and helping the concerned government organs to prepare and reports requested by the these organizations,

(g) Coordination of governmental and international efforts related to the IHL

(h) Providing the state with advice and consultancy related to the IHL.

(i) Setting the regulations, programs and plans of action necessary to carry out its responsibilities.

Competencies of the Chairman of the Commission

7- (1) Without prejudice to the provisions of article 6 the chairman of the commission shall have the hereunder assigned responsibilities:

(a) Competencies granted, or delegated to him by the commission,

(b) Financial, administrative, and technical competencies that enable him to realize the commission's objectives in accordance to the regulations.

(2) The chairman of the commission may fully, or partially delegate his responsibilities stated in article 1 (a) and (b)

Responsibilities of the alternate Chairman (Vice President)

8- The alternate chairman is the chairman of the commission in the absence of the chairman of the commission. In this case, he is entitled to fully exercise the competencies stated in article 7

Responsibilities of the Reporter

9- The reporter of the commission is the fore executive person of the commission and the secretariat; to perform this task, he is entitled to exercise all the necessary administrative, financial, and technical competencies.

Work and exercise of responsibilities of the Commission

10- If any person is to be changed or transferred from his post stated in the composition of the commission according to article 2 (2), he will be automatically replaced by the deputy or the commissioner as the case may be, until the post could be filled by another one,

Budget of the Commission

11 - (1) The commission shall have an independent annual budget

(2) The budget is constituted of the following: -

(a) Financial support assigned by the government,

(b) Grants and gifts from individuals and organizations in Sudan and abroad.

(3) Resources of the commission shall be saved with Bank of Sudan or any commercial bank permitted by bank of Sudan. They should be spent in accordance to the valid financial and accountancy regulations,

(4) Under its supervision the Auditing Department or its representative check the commission's accounts.

Support for the Commission's work

12-All state organs shall assist the commission and facilitate the procedures to carry out its tasks, they shall not refuse access to any information asked by the commission.

Issued on 8/2/2003

Signed by:
President of the Republic
Omer Hasan Ahmed Al-Bashir

08Feb03 - SDN

The Decree creating the National Commission of IHL

-Sudan-

[Source: International Committee of the Red Cross (Unofficial ICRC translation).]

Legislation
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