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Djibouti - Government: 13th Session of the Council of Ministers

13/07/2019
00:00

Prime Minister Abdoulkader Kamil Mohamed chaired on Tuesday at the Palace of the Republic the work of the 13th session of the Council of Ministers. During this meeting, the members of the government examined a number of texts, including a draft decree defining the criteria for the independence of directors of public enterprises and procedures relating to conflicts of interest for directors. We reproduce the official communiqué as published by the ADI (Djibouti Information Agency)

it is a draft decree intended to define and specify the criteria for determining the independence of a director. "The code of good governance of public companies provides the qualities and duties applicable to the members of the Board of Directors and specifies the criteria defining the independence of the directors in relation to the State on the one hand and in relation to the Company Public on the other hand, "reads the statement issued at the end of this session.

According to the same document, "the adoption of this project will consolidate the climate of trust and improve the functioning of public enterprises to increase their productivity and competitiveness." 

Ministry of Economy and Finance in charge of Industry

1st Question: Draft Law on Ratification of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) 

With the vision of Djibouti 2035, the government is committed to diversification and competitiveness of the economy by reserving a leading role to the private sector. One component of this strategy is the hosting of foreign direct investment in the territory. The purpose of this bill is to ratify the Washington Convention Establishing the International Center for the Settlement of Investment Disputes. The purpose of this multilateral treaty, established in 1966, is to provide conciliation and arbitration services for investment disputes between Contracting States and nationals of other Contracting States. This convention is designed to facilitate international private investment through the creation of a favorable investment climate and will bring benefits to the country including the improvement of the investment climate, public jurisprudence, access to a network of jurisdictions and benefits. related to protection by mutual agreement. The ratification of this convention will have the effect of facilitating the enforcement of arbitration awards and will allow our country to remain a destination of choice in the world for investors.

2nd Question: Draft Law on Ratification of the Loan Agreement for the Project Center of Excellence for Higher Education for Impact on Development

The purpose of this Bill is to ratify a loan agreement in the amount of US $ 15 million (DF 2.6 billion) entered into on April 12, 2019 between the Republic of Djibouti and the International Development Association for Development. the financing of the Africa Center of Excellence project. The aim of this project is to improve the quality, quantity and impact on the development of university and postgraduate education through the specification and regional collaboration. This project will help our country to strengthen the quality of higher education and applied research in the fields of technology, engineering and mathematics sciences. It comprises three components namely the establishment of new ACEs and increase the performance of existing ACEs, the promotion of partnerships and regional grants, the strengthening of facilitation, monitoring and evaluation, the project at regional level . The project also aims to partially finance the creation of the Emerging Center Logistics and Transport (CELT).

3rd Question: Draft Law on Ratification of the Financing Agreement for the Integrated Project on Cash Transfers and Strengthening Human Capital
4th Question, Draft Law on Ratification of a Financing Agreement (Grant and Loan) for the Health Sector Performance Improvement Project

The Minister of Economy and Finance also presented to the Council two draft laws.

The first bill aims to ratify a loan agreement in the amount of US $ 10 million (DF 1.78 billion) and a grant agreement of US $ 5 million ( DF 890 million) between the Republic of Djibouti and the World Bank. This agreement is part of the financing of the integrated project of cash transfer and strengthening of human capital. Indeed, human capital is one of the essential factors for achieving sustainable and inclusive growth. This funding aims to support the broader social protection system and facilitate access to basic services in targeted poor communities. It will strengthen the living conditions of poor and vulnerable households and improve their resilience to economic shocks. This project is aligned with the National Family Solidarity Program launched by the President of the Republic in January 2016 which is currently underway in the five (5) regions of the country. The economic impact of the project will be to contribute to the reduction of the rate of poverty and inequalities through through the strengthening of social protection service delivery systems. This project will finally test a new approach focused on community-driven development.

The second project relates to an additional financing agreement for the health sector performance improvement project for a total amount of US $ 6 million (DF 1.08 billion) consisting of a loan of US $ 1 million. and $ 5 million in donations between the Republic of Djibouti and the World Bank (IDA). The agreement aims to increase the volume and quantity of health and nutrition services with a focus on maternal, neonatal and child support and nutrition interventions. This additional funding will also support the Government's efforts under the first project to reduce the adverse health impacts of the protracted refugee crisis and ensure that refugees and host communities have access to health care services. quality and equitable health services. The aim of the project is to reduce the health and economic impacts of the influx of more than 150,000 displaced population, to meet the growing health needs of refugees, asylum seekers, migrants and vulnerable Djiboutian populations from a global perspective. improvement and protection of human capital.

5th Question: Draft Decree Defining the Independence Criteria for Public Enterprise Directors and Conflict of Interest Procedures for Directors

The purpose of the present draft decree is to define and specify the criteria for determining the independence of a director. The code of good governance of public companies provides the qualities and duties applicable to the members of the Board of Directors and specifies the criteria defining the independence of the directors in relation to the State on the one hand and in relation to the Public Company on the other hand. Indeed, independence is a necessary condition to ensure the legitimacy of the council. It provides relative assurance that the judgments of the directors will not be influenced or susceptible by their interests rather than by the interests of the Shareholders of the Public Company. This decree sets out in a limited manner the criteria for determining the independence of the Director. It aims to clarify the framework applicable to conflict situations the interest in which all public administrators are likely to find themselves. The adoption of this project will consolidate the climate of trust and improve the operation of public enterprises to increase their productivity and competitiveness. 

6th Question: Draft Decree establishing the expertise profile of the members of the Board of Directors of Public Enterprises

The draft decree sets the profile of competence and experience of the members of the Board of Directors of Public Enterprises. This text specifies all the skills and experiences that the members of the Board of Directors must have. It constitutes a mandatory reference for the appointment of the first board of directors and a reference guide for the Boards of Directors. This project describes the skills that each member must individually possess and collective skills. The draft decree is part of the wider context of reform of public economic policy instruments and with a view to both efficiency and transparency. Ministry of Energy and Natural Resources

7th Question: Draft Decree on the Model Terms of Reference The purpose of the draft decree is to fix the models of the specifications to be signed by the beneficiaries of the mining titles. Indeed, any claimant of miner title must present a structured solution detailing the objectives to be achieved and with what technical, human and financial means. The specifications are on the one hand the formulation between the State and the recipient of the functional mining title and on the other hand a dashboard which defines the mining operation for which the mining title is attributed and details the conditions in which it must be realized. The specifications are drawn up after approval of the granting of a mining title to an applicant and he signs before any surrender of the mining title.

Question 8: Draft Order Fixing the Application of Provisions for Quarterly and Annual Reports

This Order sets out the essential parameters to be contained in the quarterly and annual reports of the activities of the holders of licenses for the recognition, exploration and exploitation of quarry or artisanal mines. It sets out the details of transmission and the risks incurred in case of omission of quarry or artisanal mine transmission. The draft wording sets in place the general structures of these joint reports for both types including the annual and quarterly reports. 

 Ministry of Communication in charge of Posts and Telecommunications

9th Question: Draft Order approving the granting of a license for the provision of intern and data service 

10th Question: Draft Order approving the granting of a license for the establishment, maintenance and operation of a DATA activity between and an IT Park 

The Minister of Communication presented to the Council two draft decrees.

The first decree grants a license to the company Afrifiber S.A for the provision of internal data service. The second decree grants a license to afridata Park for the establishment, maintenance and operation of a Data Center and an IT Parck.

The purpose of these two companies is to create a Technological Park and Science IT, an Innovation Center, a Digital Campus, a Software Engineering Center and the installation and operation of a fiber optic network in our country. The two projects are born from a reading of the needs of economic operators and aim to offer quality Internet and data services to businesses, to attract and consolidate the investments of data center developers and to attract builders ICT equipment. These projects will have the effect of managing many jobs.

Ministry of the Budget

11th Question: Draft Order to Assign a Parcel of Land to the Ministry of Defense
12th Question: Draft Order for the allocation of plots of land in Balbala PK13
13th Question: Draft Order assigning two parcels of land at PK23
14th Question: Draft Order to Assign a Parcel of Land Located in Douda
15th Question: Draft Order for the distraction and incorporation of a plot of land
16th Question: Draft Order allocating a parcel of land for the benefit of SAB Buildings

The Minister of the Budget presented to the council several draft orders.

The purpose of the first draft of the Order is to assign to the Ministry of Defense a plot of land of 10,000 square meters in Balbala, Warableh intended for the construction of a National Gendarmerie Brigade.

The second project is to allocate to Mr. Hassan Mohamed Gueda, built plots of land of 14,550m2 at PK13.

The third draft decree assigning to the profile of the International Bank SA Investment two parcels of land, with a total area of ​​15 hectares located at PK 23. The said parcels of land are intended for the implantation of a Data Center project and IT Park. 

The fourth project aims at the allocation to the Ainancheh establishment, a parcel of land of an area of ​​15,857 m2 in the area of ​​Douda intended for the establishment of a shopping center and a depot.

The fifth draft Order concerns the allocation to Horizon Djibouti Terminals Limited FZCO of a parcel of land covering 52,562 m2 in Doraleh.

The purpose of the sixth draft of the By-law is to allocate to the profile of SAB Buildings, three parcels of land, with a total surface area of ​​50 hectares located in the Nagad area for the implementation of a real estate project. social housing.

Ministry of Labor in charge of the Reform of the Administration

17th Question: Draft Decrees appointing
Are named:
- Mr. Mouktar Mahamoud Waberi, Director of Agriculture and Forestry.
- Mr. Ibrahim Ali Ahmed, Director of Studies and Statistics, Planning and Monitoring Evaluation at the Ministry of Women and Family.
- Mrs. Nima Yonis Hoch, Director of the Center for Social Action for the Empowerment of Women.
- Mr. Mahamoud Souleiman Hared, Acting Director General of the RTD. communications

The Minister of Justice, Penitentiary Affairs in charge of Human Rights reported on his participation in the ceremony of the celebration of the 25th anniversary of the day of the liberation of Rwanda held on July 4, 2019. Rwanda.

The Minister of Health made a mission report on his participation in the Regional Forum on the African Free Trade Area, which was held from 27 to 28 June 2019 in Addis Ababa.  

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