Document exclusif de La Lettre de l`Océan

Law No------/2015
pu um
bl e
ié nt
su ex
r A cl
fri usi
ca f d
In e
te La
llig L
en et
ce tre
.fr de
le l'O
10 c
ju éan
ille I
t 2 nd
01 ien
5
Law on Coast Guard
Art 1
Purpose
The purpose of this law is to reestablish a Coast Guard for Somalia.
Art 2
Definitions
For the purpose of this Law:
“….” means ….
Art 3
Applicability of Somali law to vessels flying the Somali flag as well as any other foreign vessels
that (criminal and civil).
Art 4
Structure
oc
The coastguard shall have such stationeries and departments as are necessary to perform the
functions set out in this law and any other function imposed by other laws. These departments
shall, as a minimum, include departments which are necessary to conduct functions of
administration, finance, training, logistics, communications and equipment maintenance.
Art 5
The Budget of the Coast Guard
D
1. The Coast Guard has an autonomous operational budget subject to a specific line in the
budget of the Ministry of Defense.
2. The budget should be adequate to provide for the functioning of the coastguard.
3. The financial regulation of CG will be administrated in accordance with the laws and
regulations of the Commander Defense force.
Draft version 1. Date 3 June 2015. Mogadishu
1
Art 6
Surveillance Tasks of the Coastguard
pu um
bl e
ié nt
su ex
r A cl
fri usi
ca f d
In e
te La
llig L
en et
ce tre
.fr de
le l'O
10 c
ju éan
ille I
t 2 nd
01 ien
5
CG is responsible for the surveillance of territorial waters, the E.E.Z including contiguous zone
and continental shelf beyond the 200 nautical mile, in accordance with national laws (including
those international laws which have been incorporated into Somali domestic law).
Art 7
Functions of the Coastguard
The coastguard performs the following core functions:
a) representation of State sovereignty at sea; and
b) surveillance and protection of the sea.
c) assistance in the enforcement of fisheries law;
d) protection of the marine environment and eco systems
e) search and rescue at sea;
f) prevention of crime and enforcement of criminal law at sea (including but not limited
to piracy and armed robbery at sea).
Art 8
Headquarter and Posts
1. The Coast Guard has it’s headquarter in the capital city of Somalia, and will have posts of
surveillance and other facilities in other coastal areas throughout the country.
2. The Coast Guard will have bases in the main coastal areas of Somalia.
Art 9
Appointment and Dismissal of the Coastguard Commander
D
oc
1. The Commander of the Coast Guard will be appointed and can be dismissed by the
Minister of defense on the recommendation of the Commander of Somali National Army
(SNA)
2. For the regional coastguard commanders’ appointment and dismissal the Commander of
SNA will base his decision on the proposal of the Federal States authorities
3.
The criteria of appointment and dismissal are set out by the military rules and
regulations.
Draft version 1. Date 3 June 2015. Mogadishu
2
Art 10
Duties of the Commander
1.
pu um
bl e
ié nt
su ex
r A cl
fri usi
ca f d
In e
te La
llig L
en et
ce tre
.fr de
le l'O
10 c
ju éan
ille I
t 2 nd
01 ien
5
2.
The Commander is responsible for ensuring the effective overall management and
operation of the coastguard in accordance with law.
The Commander organizes and manages all of the personnel and equipment and will
apply the same laws, regulations and discipline measures, following the guidelines set for
in this provisions and in the constitution for the welfare of the Army.
The Commander is responsible for ensuring the development and submission of a budget
proposal and for ensuring that the draft budget is submitted to the concerned authorities.
The Commander is also entitled to manage all staffs on their promotion and pension
procedures.
The coastguard may employ civilian experts for the purpose of carrying out its functions.
3.
4.
5.
Art 11
Deputy Commander
1. There shall be a deputy commander who will perform functions of the Commander in his or
her absence or as delegated by the Commander.
2. The Deputy Commander of the Coast Guard will be appointed and can be dismissed by the
Minister of defense on the recommendation of the Commander of Somali National Army (SNA)
Art 12
Application of Military Rules and Regulations
oc
Military rules and regulations on recruitment discipline shall apply to all staff of the Coast Guard
both military and civilian.
Art 13
Facilities & Equipment of staff
D
The staff member of the Coast Guard should be provided with the necessary facilities and
equipment to ensure that they can perform their work, including barracks and family housing at
the vicinity of main ports and other vital posts along the coastal area.
Draft version 1. Date 3 June 2015. Mogadishu
3
Art 14
Recruitment
pu um
bl e
ié nt
su ex
r A cl
fri usi
ca f d
In e
te La
llig L
en et
ce tre
.fr de
le l'O
10 c
ju éan
ille I
t 2 nd
01 ien
5
The recruitment of the coastguard personnel will be subjected to the rules and regulations of the
Somali Army Forces.
Art 15
Power to issue regulations, standard directives and orders
1.
The Ministry of Defense will issue rules and regulations for the organization, functions
and performance of the various services of the coastguard.
2.
The Commander of the Coast Guard is authorized to issue standard directives and orders
relating to the operation and command of the Coast Guard.
Art 16
Territorial Jurisdiction
The territorial jurisdiction of the Coast Guard is the maritime area under the sovereignty and
jurisdiction of the State of Somalia in accordance with the national laws.
Art 17
Coast Guard Powers
D
oc
The Coast Guard has the authority and power in accordance with the applicable laws:a) to arrest and detain suspects in accordance with Penal Code and Criminal Procedure
Code
b) collect evidence and take statements.
c) seize objects and property related to maritime crime.
d) stop and board suspect vessels and boats in accordance with national laws.
Draft version 1. Date 3 June 2015. Mogadishu
4
Art 18
Collaboration
pu um
bl e
ié nt
su ex
r A cl
fri usi
ca f d
In e
te La
llig L
en et
ce tre
.fr de
le l'O
10 c
ju éan
ille I
t 2 nd
01 ien
5
In the performance of its functions the Somali Coast Guard will collaborate with all other
competent institutions including law enforcement bodies and international bodies.
Art 19
Abrogation
Any law regulating the coastguard that is inconsistent with this law is abrogated.
Art 20
Entry into force
D
oc
This Law comes into force once it has been signed by the President of the Federal Republic of
Somalia and published in the Official Gazette.
Draft version 1. Date 3 June 2015. Mogadishu
5