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Reforms

PROGRAMMED REFORMS AND PROJECTS COMPLETED AND IN PROGRESS

I. PROGRAMMED REFORMS AND PROJECTS COMPLETED AND IN PROGRESS

REFORMS AND PROJECTS PLANNED AND COMPLETED

General Secretariat

  • Support Project for the Justice Sector of the Union of the Comoros / FSPI;
  • Moroni Cadial Court construction project;
  • Project to bring the Miftorat up to standard;
  • Project for the construction and redevelopment of the building of the Superior Council of the Judiciary;
  • Construction project of the Ministry of Islamic Affairs;
  • Extension, rehabilitation and securing of three remand prisons in the Union of the Comoros;
  • Provision of computer and office equipment for business registration and networking of the three Courts of the Union of the Comoros (OHADA);
  • Draft texts establishing the ENA (Decree establishing, Decree establishing the organization of ENA);
  • Project for the construction of new Ministry buildings;
  • ENA construction project.

Directorate General of Judicial Affairs

Regarding this direction, legal reforms have been initiated, in particular the drafting of draft laws which are currently available and some have been adopted by the National Assembly and promulgated by the Head of State. It's about :

  • the law on judicial organization in the Union of the Comoros;
  • the law on the new penal code;

Other draft bills are sent to the Assembly for the April 2021 session. These are:

  • Draft organic law on the status of the Judiciary and the Superior Council of the Judiciary whose examination and adoption are essential to be in harmony with article 95 of the constitution in force;
  • Bill on the Organization and Functioning of the Judge of the Application of Sentences who are already appointed at the level of each island:
  • Draft law on the organization and functioning of the courts;
  • Project relating to the creation, organization, competence and operation of a judicial, economic and financial pole;
  • Draft judge for the execution of civil decisions.
  • Bill on the Organization and Operation of Administrative Courts;
  • Bill amending certain provisions of the National Commission for Human Rights and Freedoms (CNDHL).

Finally, other capacity building activities are carried out by this department which include:

  • Capacity building for cadis, magistrates and clerks;
  • The official installation of chambers of notaries and bailiffs;
  • The organization of the competition for the recruitment of court auditors;
  • The popularization of the new penal code of the law on judicial organization and organization of an open day of justice;
  • The Decree creating organization and organization of the OHADA National Commission.

Directorate General of Islamic Affairs

With regard to this direction, reforms are put in place, namely:

  • Official celebration of the first day of Muharram at Independence Square;
  • Harmonization of religious practices taking into account the Chafiite rite for which supports are available;
  • Availability of a database of traditional Koranic schools and mosques in the Union of Comoros;
  • Existence of a system for monitoring support granted to schools and to all mosques and bahaths and fatawas.
  • Organization of a national Moussabakatilcourane competition every January, in order to find candidates to represent the Union of the Comoros in the international competition which brings together fifteen countries of the Arab world;
  • Organization of seminars to fight against the Shiite religion and also against the Coronavirus in December 2019;
  • Organization of recruitment competitions for Imams, financed by the Embassy of the United Arab Emirates;
  • Preparation of a national workshop on the reforms of traditional Koranic schools
  • Establishment of a commission of doctors to carry out research on the biography and achievements of the great former ulemas at the national level, the first edition of which is reserved for the five ulemas of Grande-Comoro;
  • Organization of seminars and religious scientific research every quarter knowing that the last seminar is based on the importance of the true sunna of the Prophet Mohamed and its constraints;
  • Preparation of a religious book called research on the jurisprudence of a group of ulemas of the union of the Comoros;
  • Scientific questions on setting expectations and contradictory;
  • Publication of a fatawa book by the former Grand Moufti said Mohamed Abdou Rahmane Ben Ahmed, produced by Doctor Said ben Bourhane Abdallah and Doctor Said Abdallah Ben Said Ahmed Djamalilail;
  • Establishment of an intersectoral commission to reflect on the practice of Islam in Comorian circles in France;
  • Arrival at customs of two centenarians who contain religious and Koranic books.

Directorate General of the Public Service

In collaboration with the Secretary General of the Ministry, this Directorate has initiated reforms at the level of infrastructure and administration.

Regarding infrastructure, projects have been developed and validated. Also, summary preliminary projects are available and the project implementation sites are identified. At the level of administrative forms, projects have been developed and validated and then transmitted to the General Secretariat of the Government. It's about :

  • Draft revision of organic frameworks and other administrative reforms (organic framework, merger of Gise, etc.);
  • Unification of the four (04) databases into one in all civil servants of the public administration;
  • Draft text on the mission and organization of ministries;
  • the law on the status of the Public Service;
  • the law on the special status of customs officers;
  • the law on the special status of diplomats;
  • Decree on the mission and organization of the ministries of the Union of the Comoros;

In addition, salient activities were carried out by this department, including:

  • the advancement of officials of the Union of the Comoros;
  • the establishment of a commission of inquiry into the irregular management operations of State agents.

Administrative and financial management

  • Project for the provision of computer and office equipment for the Ministry of Justice and the Courts of the Union of the Comoros by the Embassy of the Emirates in Moroni;
  • Subsidy of about fifty Koranic schools, mosques and gift offices at the national level.

General Delegation for Human Rights

This department was able to carry out the following activities:

  • Renewal and establishment of the National Human Rights Commission (CNDHL) after the end of the mandate of the previous commission;
  • Improving conditions of detention in prisons;
  • Presentation of the Universal Period Review (UPR) report in Geneva;
  • Ratification of the Additional Protocol to the United Nations Convention against Transnational Organized Crime aimed at preventing, suppressing and punishing trafficking in persons, especially women and children:
  • Establishment of the database on violence against women and children;
  • Establishment of the activities of the IHL friend parliamentary group;
  • Awareness campaign on child protection;
  • Visits to national remand prisons;
  • Holding of the reflection workshop on the issue of human trafficking to bring the Comoros out of category 3;
  • Creation and establishment of the implementation committee for the follow-up of the 2019 UPR recommendations;
  • Celebration of International Human Rights Day in Moroni (2018-2020);
  • Celebration of the first International Day of Dignity for Victims of Human Trafficking;
  • Creation of the website for listening services on gender-based violence;
  • Publication of quarterly bulletins on gender-based violence;
  • Establishment and organization of elections for members of the National Commission for the Rights of Freedoms;
  • Establishment of a database on violence against women and children.

General Inspectorate of Judicial Services

In collaboration with the Cabinet and the General Secretariat of the Ministry, this department carried out the following activities:

  • Status report on the functioning of the courts of the Union of the Comoros;
  • State of play on the operation of remand prisons in the Union of the Comoros.

To this end, the dysfunction noted is in the process of finding solutions, in particular on the processing of files.

General Secretariat of the Superior Council of the Judiciary

This department has set up the Superior Council of the Judiciary, whose various members are elected with the minutes in support, the solemn installation of this Superior Council has taken place and the first meeting of the members of this institution is in progress. preparation and will be chaired by the Head of State.

Also, the Statute and the rules of procedure of this structure are elaborated.

Penitentiary Administration

For the effective improvement of detention conditions in places of detention, the Union of the Comoros has set up a mechanism for raising funds, in order to bring places of detention up to standard. It is:

  • The construction of a prison on each island which will have an international standard;
  • The renovation of detention rooms at the level of the judicial police (police and gendarmerie);
  • The formalization of the persons concerned by the application of the laws (law enforcement, police, gendarmerie, magistrates).

Also, this department has put in place a device to fight against Covid-19.