Equipo Nizkor - The Sudanese Red Crescent Law of 2005.

In the name of God, the Merciful, the Compassionate

Interim Decree Law of 2005
concerning the Sudanese Red Crescent Society

Pursuant to the provisions of Article 109 (1) of the 2005 Transitional Constitution of the Sudanese Republic, the President of the Republic has issued the following provisional decree:

PART 1
Preliminary provisions

Name of the decree and date of coming into force

1. This interim decree shall be known as "the Sudanese Red Crescent Law of 2005". It shall come into force with effect from the date of its signature.

Construction

2. (1) Any expression or term not defined herein shall be construed in accordance with the national laws in force, the Geneva Conventions, the Protocols thereto and the 1956 Statutes of the Sudanese Red Crescent Society.

(2) The following terms used in this law shall have the meaning indicated below, unless the context requires otherwise:

Society means the Sudanese Red Crescent Society, as established pursuant to Council of Ministers Decision No. 869 of 1956 and continued in accordance with Article 3.

Patron means the President of the Republic or the Governor, as the case may be

President means the president of the Society

Minister means the Minister specified by the President of the Republic

General Secretary means the general secretary of the Society

International Movement means the International Movement of Red Cross and Red Crescent Societies, the National Societies and the International Committee of the Red Cross

Components of the International Movement means the International Movement of Red Cross and Red Crescent Societies, the National Societies and the International Committee of the Red Cross

Fundamental Principles means the Fundamental Principles of the international Movement as specified in Article 6.

PART II
The Society, its registered office, patronage, principles, aims and activities Continuation of the Society and its Statutes

(1) The Sudanese Red Crescent Society, established pursuant to Council of Ministers Decision No. 869 of 1956. recognised by the International Committee of the Red Cross in November 1957 and admitted to the International Movement of Red Cross and Red Crescent Societies in November 1957, shall exist as if established pursuant to the provisions of this law. It shall have a legal personality, the capacity of succession and a general seal.

(2) The Statutes of the Society shall continue to apply and shall be amended in the manner stipulated therein.

Definition

The Sudanese Red Crescent Society is the sole national society in Sudan. It shall carry on its activities throughout the Sudanese territory and shall operate in times of war and peace in the fields of relief, disaster prevention and the development of society in accordance with the four Geneva Conventions of 1949, the national law and the Fundamental Principles of the International Movement.

Registered office, patronage and supervision

(3) The registered office of the Society shall be based in the governorate of Khartoum. The Society may establish branches in the other governorates.

(2) The President of the Republic shall be the patron of the Society. Branches of the society in the provinces shall operate under the patronage of the Governors in so far as this is not contrary to the Principles of the International Movement and is without prejudice to the independence of the Society.

(3) The Minister shall oversee the Society in so far as this is not contrary to the Principles of the International Movement and is without prejudice to the independence of the Society.

Fundamental principles of the society

The Society shall be bound by the following seven fundamental principles of the Internationa Movement:

a) Humanity

b) Impartiality

c) Independence

d) Neutrality

e) Voluntary service

f) Unity

g) Universality

Aims of the Society

(1) The Society shall seek to achieve the following aims:

a) To work in times of war in its capacity as an auxiliary to the armed forces in the provision of medical services, on the basis of co-operation and integration in all the fields of activity specified by the Geneva Conventions in favour of all civilian and military victims of war, including the transport of the wounded and sick, the provision of means of transport for the victims and prisoners of war. the arrangement of exchanges of messages, the storage of equipment, medicines and other supplies necessary for the treatment of the sick and wounded, and caring for prisoners and missing persons.

b) To play a leading role in supporting the state structures in the relief and emergency aid activities needed in favour of disaster victims by virtue of its support of the state in the fields of health and social development.

c) To participate together with the state structures in training comprising first aid programmes and services.

d) To develop the skills of the volunteers by promoting the values of voluntary service in society through education, training and the exchange of experiences and knowledge.

e) To assist in the treatment of injuries due to accidents, the control of epidemics, the prevention of disease, the improvement of health, medical and social services, health awareness, the establishment of hospitals, clinics, pharmacies and first aid centres and blood banks in accordance with the requirements of the national law.

f) To participate in the promotion of the nursing profession and the training of auxiliary health care executive staff and other hospital volunteer workers.

g) To provide first aid supplies at the scene of accidents and to transfer the sick and wounded to the emergency centres and hospitals.

h) To establish sound relations and exchange knowledge with Red Crescent and Red Cross Societies in other countries and with similar organizations.

i) To participate in the organisation of first aid activities.

j) To cany out any other tasks in the fields of social development in times of war and peace as required by the circumstances and in accordance with the aims and principles of the Movement within the framework of the policy and laws of the state.

(2) To achieve the aims specified in point 7.1 above, the Society shall work without discrimination on grounds of race, gender, religion or political affiliation and in accordance with the Fundamental Principles of the Movement.

Membership and voluntary service

8. (1) Membership to the Society shall be open to all citizens without discrimination on the grounds of race, gender, religion or political affiliation in accordance with the Statutes of the Society.

(2) Membership of the Society shall be open to all citizens without discrimination on the grounds of race, gender, religion or political affiliation in accordance with the Statutes of the Society. |1|

PART III
Organisational structure of the Society

9. The organisational structure and the spheres of competence, tasks and powers at each level shall be as laid down in the 1956 Statutes of the Society.

Part IV
Financial provisions

The resources of the Society

10. (1) The financial resources of the Society shall consist of the following:

a) the annual credits allocated to it by the State

b) government and non-government grants, donations and subsidies

c) real and movable property owned by the Society

d) membership subscriptions as defined by the Central Committee of the Society

e) other resources approved by the Central Committee of the Society

f) the investment income of the Society.

(2) The resources of the Society shall be used solely for the furtherance of its objectives and for no other purpose.

Accounts and auditing

11. (1) The Society shall have an annual budget. The budget, the final accounts and the reports of the Executive Committee shall be submitted to the Central Committee for approval.

(2) The Society shall keep full and precise accounts in accordance with accounting and financial principles and shall keep the related books and records.

(3) The accounts of the Society shall be subject to an annual audit carried out by an auditor approved by the competent authorities.

PART V
General and final provisions

Role of the Society in field work

12. The Society shall conduct field work in secure areas as well as in areas of conflict. The components of the International Movement shall liaise with the Society in accordance with the agreements concluded pursuant to the Geneva and Seville Conventions and to the Charter of the International Movement of Red Cross and Red Crescent Societies.

Emblem and immunities of the Society

13. (1) The Society shall have the right to raise its emblem (a red crescent on a white background) on its buildings and means of transport in accordance with the Geneva Conventions and the national law.

(2) It is an offence liable to the punishments laid down in the national law for anyone to use the emblem of the Society, the International Movement or the International Committee of the Red Cross for purposes other than those for which they are intended, namely as a means of identification or protection, or to obstruct those who bear the emblem or to use force to prevent them from carrying out their tasks.

(3) It is not permitted to inspect, open or seize the records, correspondence and parcels of the Society, save by court order.

(4) It is not permitted to inspect, seize or requisition the assets, movable property and means of transport of the Society, save by court order.

(5) The Society shall enjoy all the privileges and immunities stipulated in the national law and the Geneva Conventions.

Exemptions

14. The Society and its real and movable property shall enjoy the exemption from taxes and duties stipulated by law for national and foreign voluntary societies.

Signed on |2| the twenty eighth of Jumada Al-Thani 2005 (Gregorian)
corresponding to the third of August 1426 (Hijra)

(signed)
Field Marshal Omar Hasan Ahmad Al-Bashir
President of the Republic

[Source: International Committee of the Red Cross.]

Notes:

1. Paragraph 2 reproduces paragraph 1. From the title, il should have to do with voluntary work. [Back]

2. In the text, the Hijra and Gregorian dates are doubly confused. They should read twenty eighth of Jumada Al-Thani 1426 (Hijra) and the third of August 2005 (Gregorian). However, according to my calendar, 3 August corresponds to 27 jumada and 4 August to 28 Jumada. [Back]

Legislation
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03Aug05

The Sudanese Red Crescent Law of 2005

[Source: International Committee of the Red Cross.]