Law No.2017/009 of 12 July 2017 to lay down the powers, organization and functioning of the Economic and Social Council of Cameroon
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REPUBLIC OF CAMEROON 2017/ 0 0 9 PEACE - WORK - FATHERLAND 12 JUIL 2017 TO LAY DOWN THE POWERS, ORGANIZATION AND FUNCTIONING OF THE ECONOMIC AND SOCIAL COUNCIL OF .CAMEROON ? R2S C E., C2 LJ é l A RE? Ue ::OU( . S [C~ëT .... !lIAI C·E.N Ei?Al Sf;~vK:E :'U ;",-"' lIlfC'~ ~ ,; <= ET "'=:;' ~ t' '''E:r.~ T " tpf The Parliament deliberated and adopted, the President .of ihe Républic hereby enacts the.law set out below: . ~ ,; <= ET "'=:;' ~ t' '''E:r.~ T " tpf The Parliament deliberated and adopted, the President .of ihe Républic hereby enacts the.law set out below: . Chapter 1 General Provisions PRE SID EN CE DE LA REPUB LI QU E l EC ~ C1 ~ R IA I C-E NER AL l ERViC EouI I~ rll l R LfGiSL' ,:F ET REGl c"'ENT ~JlIf COP!l CERTI FIEECONFORME . Section 1: This law lays down the powers, organization and functioning of the Economie and Social Council , abbreviated "ESC", hereinafter referred to as "the Council", in pursuance of the provisions of Section 54 of the Constitution. . Section 2: The Economie and Social Council shall be a consultative assembly composed of representatives of various professional categories in the economie , social, cultural and environmental areas. Chapter Il Duties and Powers Section 3: The dutY of the Economie and Social Council shall be to advise the Executive power on economic,social, cultural and environmental issues. Section 4: (1) The Council shall give its opinion on bills, draft ordinances or draft decrees submitted to it by the President of the Republic. (2) The President of the Republic may also consult the Economie and Social Council for studies or opinions ' on issues falling wlthln its sphere of competence . (3) The Council may, at the behest of the Head of Government, conduct . for studies or opinions ' on issues falling wlthln its sphere of competence . (3) The Council may, at the behest of the Head of Government, conduct . studies on the ' implementation of economic , social, cultural and environmental development plans, and on prevailing economic trends, and propose measures Iikely to boost produclionand consumption. (4) It may be involved to evaluate the government's economic, social, cultural and environrnental policies . : (5) ln the cases provided for in Section 4 (2) and (3) above ,it shall give its opinion when due. . ' . cial, cultural and environrnental policies . : (5) ln the cases provided for in Section 4 (2) and (3) above ,it shall give its opinion when due. . ' . (2) At the end of each year, the Council shall submit an annual report to the President of the Republic. . Chapter III Organization I"Composition Section 8: The Economie and Social Council shall be composed of 1 (one) President and 150 (one hundred and fifty) members. Section 9: The Council President shall be a personality appointed by decree of the President of the Republic. His/Her duties shall be terminated by decree. Section 10: (1) The Council members shall be appointed by decree of the President of the Republic, from among personalities who, on account of their skiIls or activities, contribute to the economic, social , cultural and environmental development of Cameraon . (2) They shall be chosen from thefollowing categories: (a) economy, socialdevelopment, employment, education, health, culture, . sports, scientific and technical research , press , environment and sustainable development, new information and communication technologies; (b) industry , trade and handicraft; (c) agriculture , Iivestock, flsheries and forestry; (d) banking and credit; (e) trade unions; (f) associations, (g)women and youth moverrients; (h) Liberal professions. . . tock, flsheries and forestry; (d) banking and credit; (e) trade unions; (f) associations, (g)women and youth moverrients; (h) Liberal professions. . . (3) A ·decree ot the .President of . the Republic .shalldetermine the breakdown of members bycateqoryas weil as the terms and conditions of their designation. . . . ... . . Section 11: The term of office of the Council members shall be 5 (five) years renewable once . Section 12: (1) Where a Councllmernber loses the capacity on account ofwhich hel she was appointed; he/.sheshall ceas ·e to be a member of the Council and the loss of . membership shall be automatically establlshed by the Council Bureau . 3 ppointed; he/.sheshall ceas ·e to be a member of the Council and the loss of . membership shall be automatically establlshed by the Council Bureau . 3 PRE SIDENCE DELA REPUB L: OU[ . ~ E C ~ ël '~IA T C· E N E~ A l . . .5l~VICE !)U f lt" rilE.R l f G i ~ !.)o . i;::' ET ~EG l i:: "" EN t IJIU COP!l CERTI FIEE CO NFORME . (2) He shall be replaced under the sarne conditions as for his/her designation . The designated member shall complete the term of office of the member whose 1055 of rnembership has been ascertained. Section 13: (1) ln case of permanent impediment or death of a member, he/she shall automatically be replaced under the same conditions as for his/her appointment. The designated member shall complete the term of office of the deceased member. (2) The permanent impediment of the member referred to in (1) above shall be duly established by the Council Bureau. Section 14: The term of office of a member may be terminated in one of the following cases : - . physical or mental incapacity, duly established by the Council Bureau; - gross misconduct, duly established by the Council Bureau; - final sentencing involving afflictive penalty or 1055 of civic rights . Council Bureau; - gross misconduct, duly established by the Council Bureau; - final sentencing involving afflictive penalty or 1055 of civic rights . Section 15: (1) The functions of President, Vice-President and member of the Economie and Social Council shall be incompatible with the functions or capa city of: Meniber of Government and personalities ranking as such; - Member of the Constitutional Council; . - Magistrate in active service; . Secretary-General of a Ministry and persans ranking as such; . Director-General of a public establishment or enterprise of the public and semi-public sector; . Central administration Director and persons ranking as such; Diplomatie official; Person holding a national, regional or local elective office; - Governor, Secretary-General and lnspector-General in Governor's Office; Divlsional Offlcer, Subdlvlslonal Officer and thelr assistants; . Governmen't Deleqate to à clty councü; '. . . Law enforcernent official or personnel in actlveservice, (2) The Economie and Social Council shall ensure theimplenientation of the . provisions .of 'Section 15 ' (1) .above, under the conditions laid down in the .. Internai Regulations. . . 4 shall ensure theimplenientation of the . provisions .of 'Section 15 ' (1) .above, under the conditions laid down in the .. Internai Regulations. . . 4 II-Council Organs Section 16: (1) To discharge its dut ies . the Economic and Social Council shall have the following organs: - Plenary Ass embly; - Council Bureau; - Specialized Committees. (2) The Council may set up internai ad hoc committees or working groups to examine specific issues falling within its sphere of competence. Paragraph 1 Plenary Assembly Section 17: (1) The Plenary Assembly shall be composed of the members referred to in Section10 above. . . (2) lt shall be responsible for : - adopting the Council's annual activity action plan; - approving draft opinions and recommendations made by the Council and authorizing the studies and research provided for in Chapter 2 of this law. - adoptinq the Internai Regu lations of the Council, prior to its submission to the President of the Republic; voting the draft budget; - adopting the draft report of the Council provided for in Section 7 above . . . Paragraph Il Council Bureau Sectio·n 18: (1) The Council Bureau of the Economic and Social. Counci l shall .comprise.thefol16wing : 1 • - one (1 ) President; . !WC) (2) Vice-Presidents; . .two (2) Questors; - three (3) Secretaries; chairpersons of specialized comrnlttees: .. . . : 1 • - one (1 ) President; . !WC) (2) Vice-Presidents; . .two (2) Questors; - three (3) Secretaries; chairpersons of specialized comrnlttees: .. . . - Secr étary-General. 5 r-~:: I:;L . :~':'~ ~A ~ P U! '. : O\J t $ ' C 1~ " ~I."t ~ ~ ~ ~!~/ . ~ St Rl/iCE: Ur~ ,...~ IL l l f ~ ~ ~ ... , .~ :: T ~ ~ :'••c. .IJ (Nf . ,PI co-u CER 11 F1 EECO NFC< ,." E ! '. : O\J t $ ' C 1~ " ~I."t ~ ~ ~ ~!~/ . ~ St Rl/iCE: Ur~ ,...~ IL l l f ~ ~ ~ ... , .~ :: T ~ ~ :'••c. .IJ (Nf . ,PI co-u CER 11 F1 EECO NFC< ,." E (2) Apart from the President and the Secretary-General, the other members of the Council Bureau referred to in (1) above shaH be elected yearly . (3) The conditions for such election shall be laid down by the Internai Regulations. Paragraph III S ecialized Committee Section 19: The Council Bureau shall prepare the agenda of the Plenary Assembly and adopt action programmes of the committees and working groups set up within the Couneil. It shall ensure the implementation of Plenary sembly geeisiol IS . OUE ?RO, IC E"C2 ùELA REP UB lI - (,ËC ~ Z1 ....ilIAT O:- ENERAl . • . ' -F ET i/:E ~ d:.I'J E~ n .... 1P. f StRv lCE c u rlL. rlll Rl f GI ~ .." I, - COP !l C ER 11f1EE CONFOR "-,E Section 20: (1) The Specialized Committees shall be composed of representatives of eaeh of the categories referred to in Section 10 above . (2) Every Council member must belong to one 'of the Specialized Committees set up. Section 21 : (1) Eachspecialized committee shall be responsible, according to the powers devolved on it by the Internai Regulations , for preparing draft opinions and eondûeting studies and researeh requested by the President of the Republic or Head of Government. ernai Regulations , for preparing draft opinions and eondûeting studies and researeh requested by the President of the Republic or Head of Government. (2) However, 2 (two) or more Specialized Committees may, at the request of the Council Bureau, prepare one draft opinion , or conduct one study or a . research work. In such case, they shall workconcertedly and coordinate their actions. Chapter IV Functioning Section · 22: (1) The Council President shall chair Plenary Assernbly and Council Bureau meetings. He shall coordinatethe activities of eommittees and working groups set up within theCouncil. vunderthe terms and conditions laid down in the Internai Regulations. . (2) He shall .represent the Council in ail 'publlcevents, before thelaw courts and governmentauthorities and services as weil as In foreign and international orqanizations and institutions.. " (3) The ' President ' of the Economie and .Social Council may deleçate sorne of his/her powers to rnernbers of the Council Bureau.' Section 23: (1) The Plenary Assernbly of the Economie and Social Council shall hold . 3 (three) sessions per year ,aridas and when necessary, whenconvened by its . .6 The Plenary Assernbly of the Economie and Social Council shall hold . 3 (three) sessions per year ,aridas and when necessary, whenconvened by its . .6 President and, in the absence of the latter, by its Vice-President. The duration of each session may not exceed 15 (fifteen) days. (2) Where circumstances so warrant, it may also meet in extraordinary session at the request of 2 /3 (two-thirds) ofi ts members or at the request of the President of the Republic. (3) The Plenary .Assembly may validly deliberate only when 2/3 (two- thirds) of its members are present. Where the quorum is not reached at the first convening, the quorum for the second convening shall be reduced to half of its members present. (4) Any member who is unable to attend may be represented by another member. However, no member may represent more than one other member during the same session. . Section 24: Council decisions shall be taken by consensus or, failing that, by a simple majority of members present or represented. In the event of a tie, the President shall have the casting vote. Section 25: Council sessions shall not be public. Members of Goliernment, assisted if need be by their close aides, may attend sessions and take the f100r if they so request. . Section 26: The Council may invite experts in one of its spheres of competence , . aides, may attend sessions and take the f100r if they so request. . Section 26: The Council may invite experts in one of its spheres of competence , . under the terms and conditions laid down in the Internai Regulations . Section 27: To discharge its duties, the Council shall have a Secretariat General. Section 28: (1) The ·Secretariat General of the Council shall comprise ail the administrative and techn lcal services required for its functioning. (2) The Secretariat General shall be managed by aSecretary- General assisted if need be bya Deputy, both appointed by decree of the President of the Republic. (3) He/she shall discharge his/her duties under the authority of the Council President.... . . . Section 29: (1) The Secretary-General shall be ·responsib lefor coordlnat lnqaü the . administrative and technical services of the Council. . . ln that capaCity,he/she shall. (a) take rneasures necessary for the preparation and organization of the work of the Council ; _._ , (b) act as secretary for Plenary Assembly sessions ; . . 7 = easures necessary for the preparation and organization of the work of the Council ; _._ , (b) act as secretary for Plenary Assembly sessions ; . . 7 = (c) ensure administrative coordination and implementation of the Council's activities; (d) prepare the Council 's annual financial statements , action programmes and activity report. (e) prepare files to be considered by the Plenary Assembly ; . (f) act as secretary for Council Bureau meetings ; (g) follow up the implementationof Council resolutions and recommendations, under the authority of the Council Bureau Présiden!, upon validation by the President of the Republic; (h) ensure Secretariat General staff training and capacity building; (i) centralize and keep Council records and documents; U) coordinate studies regarding the Council's spheres of competence ; (k) prepare the draft budget to be submitted for validation by the Council; (1) prepare the draft work programme to be submitted to the Council for approval ; . (m) manage Council staff; (n) perform ail the duties assiqned to him/her by the Counc il President. (2)The Council President shall delegate administrative and financial signature to the Secretary-General. Section 30: The organization and functioning of Council administrative and technical services shall be laid down by decree of the President of the Republic. n 30: The organization and functioning of Council administrative and technical services shall be laid down by decree of the President of the Republic. Section 31 : . (1) ln the event of temporary impediment of the SecretarY-General for a period not exceeding .3 (three) months , the Deputy Secretary-General shall deputize. In the event of irnpedirnent 'of the DeputySecretary-General, the Couricil President shall designatea senior official of the administrative services to deputize. (2) ln case of vacancy of the office of Secretary-General. due to dèath, resignation or permanent lrnpedlment duly established by the Council Bureau, andpending fhe appointment of anew Secretary-General by the competent authority, .the President of the Council ' shall take ail necessary rneasures for the .smooth runninq of the Secretariat General. .' . . . . Section 32: T.he rules of procedure.and conditions for the .functioninq of the Econ~mic and Social Council shall be lalddown by Ihelnternal Regulations. . . 8 32: T.he rules of procedure.and conditions for the .functioninq of the Econ~mic and Social Council shall be lalddown by Ihelnternal Regulations. . . 8 Chapter V Financial Provisions Section 33: (1) Appropriations required for the functioning of the Council shall be charged to the State budget. (2) The President shall be the principal authorizing officer of the Council. He/she may, as appropriate, designate delegated authorizing officers. Section 34: Council budget resources shaHbe public funds .Such resources shall be subject to public accounting rules and managed in accordance with the laws and regulations in force . Section 35: (1) An accounting officer shall be appointed to the Council by the Minister in charge of finance . (2) The accounting officer shall exercise his/her duties in accordance with the regulations in force . Chapter VI Provisions Relating to Human resources Section 36: (1) The Council's staff shall comprise civil servants on secondment or State employees placed at its disposai or assigned by the Adm inistration . (2) However, where necessary, the Economie and Social Council may recruit its own staff, in accordance with the laws and regulations in force. Section 37: The status of Council staff -and the nature of their benefits shall be laid ' down by the Internai Regulations. and regulations in force. Section 37: The status of Council staff -and the nature of their benefits shall be laid ' down by the Internai Regulations. Chapter VII Miscellaneous and Final Provisio s PRES IDENC EDE LA REPU8 l10UE SE(. Qël 4.P\Ar C E"' ERAL SU ytCf ou II\-" I(li' lFG ~~ di= fT iEG ltAJEN TAJJ? f . COO lt CERTIFI EE CONFORME Section 38:'(1) The members of the Economie and Social Council shall be bound by reserve and professional secrecy . . (2) ln addition, they must refrain from any .conductIlkelyto undermine the dignily of their office . . . Sectio~39: (1) The President and theSecretary-General of the Economie and Social '. Council shall receive a monthly salary and benefits in kind. . (2) The monthly salary and' beneflts in kind referred to in Section 39(1) . abovèshall be laid down by deèree of the President of the Republlc , 9
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