CHAPTER I: Nature, subordination, representation and duties

Decree n° 37/99 of 10th June

The National Demining Commission, created by the Decree n° 18/95, of 3rd May, was the first instrument created by the Government for the definition of policies, strategies, organization, management, and control and monitoring of the Mine Action activity in Mozambique. The beneficial effects resulting from the removal of mines and the need to expedite, consistence and stability in the conducting of the Mine Action process as well as the need for implementation of international conventions that Mozambique is part, namely the one of Ottawa on the anti-personnel mines banishment, they are foundation for the creation of a new institution for demining Management and in new ways of involvement of the institutions of the State, of the civil society and of the cooperating partners in the eradication of landmines. 
Therefore, under n.° 1, paragraph e) of the article 153 of the Constitution of the Republic, the Council of Ministers determines: 
Article 1. The National Demining Commission is extinguished created by the Decree n.° 18/95, of 3rd May. 
Art. 2. The National Demining Institute is created, briefly named IND, that is governed by the Statutes enclosed, that are integral part of this Decree.
Art. 3. IND is a public institution, endowed with corporate body and technical , administrative and financial autonomies. 
Art. 4. The National Demining Institute is under the Ministry of the Foreign Affairs and Cooperation. 
Art. 5. IND is based in Maputo, and has got the power to create and to extinguish, whenever is justified, delegations or other representation forms in any part of the country, after the approval of the Minister of the Foreign Affairs and Cooperation. 
Art. 6. IND shall be responsible for proposing to the approval of the Government policies, strategies, priorities and plans for demining, as well as the Management, coordination and global control of the mine action. 
Art. 7. The personnel and assets of the National Demining Commission, now extinguished, are integrated into IND. 

Approved by the Council of Ministers. 

Be published. 

Pascoal Manuel Mocumbi 
The Prime Minister

UP
 

CHAPTER I

Nature, subordination, representation and duties 

ARTICLE 1 
Nature

1. The National Demining Institute, briefly named IND, is a collective body of public right, endowed with technical, administrative and financial autonomies 
2. . IND is governed by these statutes, internal regulations and other applicable legislation to collective of public right. 

ARTICLE 2 
Subordination 

The National Demining Institute is under the Ministry of the Foreign Affairs and Cooperation. 

ARTICLE 3
Scope and jurisdiction 

1. IND exercises its activity in the whole national territory. 
2. IND is based in Maputo, being able to, whenever need rise for the exercise of its activities create and extinguish delegations, agencies or any other representation form, in the national territory after approval by the Minister of the Foreign Affairs and Cooperation. 
3. Under its duties, IND can be member of national, foreign or international associations. 

ARTICLE 4
OBJECT 

It shall be the responsibility of IND to propose policies and strategies, the setting of priorities and action plans, as well as managing, coordinating and controlling the mine action in Mozambique. 

ARTICLE 5 
Duties 

The duties of IND are, namely: 
a) To propose policies and government strategies in the mine action area;
b) To Propose plans of Mine Action for short, medium and long terms, complying with Government's programs; 
c) To manage the execution of the approved mine action plans for the Government; 
d) To Facilitate, coordinate, manage and control the execution of mine action activity;
e) To define and approve norms within demining scope;
f) To mobilize the national and international solidarity and manage the granted supports: 
g) To ensure the participation of the civil society in the mine action tasks; 
h) To Maintain a database and an updated information system on mine action;
i) To follow up and monitor all mine action at national level;
j) To perform the quality assurance of mine clearance actions;
k) To coordinate the mine awareness actions;
l) To organize tenders on mine actions;
m) To provide technical assistance to the entities with own funds in the selection of demining operators; 
n) To promote the building and development the national demining capacity; 
o) To License demining operators; 
p) To promote training in mine action; 
q) To Facilitate import and selling of mine clearance equipment and material; 
r) To make and sell thematic maps; 
s) To Articulate and cooperate with the military in the eradication of explosive ordnance;
t) To facilitate assistance to the mine victims.

UP

CHAPTER II

Organization 

ARTICLE 6 
Organs 

The organs of IND are constituted by Management, Board of Governors and Technical Council.

ARTICLE 7 
Structure 

The structure of IND is as follows: 
a) Department of Research, Planning and Information;
b) Department of Operations;
c) Department of International Relations; 
d) Department of Administration and Finances; 
e) Human resources Branch;
f) Delegations. 

SECÇÃO I 
Management

ARTICLE 8
Composition 

The Management is constituted by a Director and a Deputy Director.

ARTICLE 9 
Appointment and substitution 

1. The Director and the Deputy Director are appointed by the Minister of the Foreign Affairs and Cooperation.
2. In his absences or impediments, the Director is substituted by the Deputy Director. 

ARTICLE 10 
Director's Responsibilities 

The Director shall be responsible, in general, for: 
a) Veiling for compliance with general priorities of the Mine Action;
b) Bringing to the Minister of the Foreign Affairs and Cooperation drafts of definition of policies, strategies and norms aiming at disciplining the Mine Action activity in the country; 
c) Submitting to the approval of the Minister of the Foreign Affairs and Cooperation contract-programs and reporting on their execution; 
d) Authorizing the accomplishment of operations and services included in the duties of the Institute, determining the terms and conditions that should comply with within legal and regulation norms that are applicable, having listened to the Board of Governors; 
e) Authorizing expenses of IND; 
f) Establishing internal organization of the Institute and elaborate the regulations and the instructions that deems convenient, having listened to the Board of Governors; 
g) Authorizing the licensing of mine clearance operators, having listened to the Board of Governors; 
h) Representing the Institute in court and out of it, actively and passively being able to admit, give up or compromise in any cases and to commit himself in arbitration; 
i) Admitting, promoting, discharging, dismissing and retiring the personnel on the service of the Institute and to exercise on them disciplinary action; 
j) Exercising other responsibilities to be attributed to him by law and decide on any other subjects that don't fit in the responsibilities of other organs of IND. 

ARTICLE 11 
Specific responsibilities of Director 

The Director shall be responsible, especially, for:
a) Convening the Board of Governors and the Technical Council; 
b) Regulating the business of the Board of Governors and technical council, hosting the respective meetings; 
c) Assigning the approved recommendations by Board of Governors and Technician Council and supervise the execution of the very recommendations; 
d) Creating , whenever the volume and the specificity of the work to be recommended, having listened to the Board of Governors, apart from those on article 7,other structural units; and 
e) Exercising the superior inspectorate of all services of the Institute. 

SECTION II
Board of Governors 

ARTICLE 12
Composition and Responsibilities 

1. Apart from the Director and the Deputy Director, the Board of Governors is also served by heads of structural units of Institute, namely: 
a) Research, Planning and Information; 
b) Operations; 
c) International Relations; 
d) Administration and Finances; and 
e) Human resources.
2. The Board of Governors has the following specific responsibilities: 
a) To pronounce themselves on her general guidance of the administration and management of the activity of IND, in view of the accomplishment of main object of IND and its duties; 
b) To pronounce themselves on the acquisition of goods and rights, furniture or real estate and realize investments, when they deem it convenient to the Institute; 
c) To pronounce themselves on the opening and closing of delegations. 

ARTICLE 13 
Meetings 

1. The Board of Governors will meet, ordinarily, once a month and, extraordinarily, whenever the Director deems necessary or if the members request a meeting and it will only be held provided that there is a quorum.
2. The Director can extend the invitation to other IND officials to attend meetings of the Board of Governors, should need rise. 
3. The invitation is made in writing and in advance of seventy two hours, with indication of the respective agenda. 
4. The Director will appoint a secretary to draft the minutes of the meetings. 

SECTION III
TECHNICAL COUNCIL

ARTICLE 14 
Nature 

1. The Technical Council is a consultation organ, of which functions are to pronounce itself on programming aspects, organization and of analysis of the operation of IND that are tabled by the Minister of the Foreign Affairs and Cooperation or by the Director. 
2. The Technical Council pronounces itself on the progress report of IND and the program for next year. 

ARTICLE 15 
Composition 

The Technical Council consist of members of Board of Governors and representatives of the Ministers of the Foreign Affairs and Cooperation, Plan and Finances, national Defense, Home Affairs, Public Works and Housing, Agriculture and Fisheries, Coordination of Social Action, Labor and Health. 

ARTICLE 16 
Operation 

1. The Technical Council meets, ordinarily, four times a year and, extraordinarily, whenever Director of IND convenes a meeting or the members request it.
2. For specific objectives, the Director can extend the invitation to agencies to participate in The Technical Council's meetings. 

SECTION IV
COOPERATING PARTNERS 

ARTICLE 17
Meeting with the cooperating partners 

The Minister of the Foreign Affairs and Cooperation host the meeting with the cooperating partners, aiming, namely at: 
a) Pronouncing himself on organization and programming of the activities of IND; 
b) Analyzing the operation of IND and evaluating its performance; 
c) Pronouncing themselves on important subjects of conducting the mine action in Mozambique that have been submitted by the Minister of the Foreign Affairs and Cooperation; 
d) Pronouncing themselves on coordination of activities in the scope of mine action; e) Sharing information on mine action

ARTICLE 18 
Participants 

1. The meeting with the cooperating partners is attended by the members of Technical Council, Board of Governors, representatives of the UN, of the donors and of the civil society, including demining operators. 
2. When he deems necessary, the Minister of the Foreign Affairs and Cooperation can extend invitation to representatives of other sectors that he deems relevant. 

ARTICLE 19 
Periodicity 

The meeting with the cooperating partners takes place ordinarily twice a year and extraordinarily whenever the Minister of the Foreign Affairs and Cooperation convene it. 

SECTION V 
MAIN DUTIES OF THE STRUCTURAL UNITS OF IND 

ARTICLE 20 
Department of Research, Planning and Information 

The Department of Research, Planning and Information shall be responsible, namely, for: 
a) Planning and monitoring of the execution of IND activities; 
b) Research, development, monitoring and evaluation of the execution of programs and projects; 
c) Collecting, processing, analyzing and dissemination of information on mines and UXO's; 
d) Maintenance of the database on mines and UXO's; 
e) Preparation of bidding documents; 
f) Development, promotion and monitoring of the execution of training programs in mine action, in coordination with other departments and agencies; 
g) Drafting of periodic reports of IND, in articulation with the other departments and other agencies. 

ARTICLE 21 
Department of Operations 

The Department of Operations shall be responsible, namely, for: 
a) Planning, coordination and monitoring of actions of mines and UXO's survey; 
b) Accomplishment, coordination and monitoring of the works of quality assurance and quality control of mine action activities; 
c) Provision of technical assistance in the preparation of bidding documents; 
d) Investigation of mine and UXO's accidents; 
e) Regulation, coordination and monitoring of programs of prevention of mine and UXO's accidents; 
f) Maintenance of a database on mine and UXO'S accidents; 
g) Sharing of technical information with all relevant agencies on mines and UXO's. 

ARTICLE 22 
Department of International Relations 

The Department of International Relations shall be responsible, namely, for: 
a) Mobilization and coordination of external supports; 
b) Monitoring of cooperation programs; 
c) Linkage with cooperating partners; 
d) Attendance of Conferences and regional and international organizations. 

ARTICLE 23 
Department of Administration and Finances 

The Department of Administration and Finances shall be responsible, namely, for: 
a) Financial Planning; 
b) Accounting; 
c) Assets management; 
d) Provide support services (Protocol, translation, interpretation, processing of documents, administrative works, transport and logistics). 

ARTICLE 24
Human resources branch 

The branch of human resources shall be responsible, namely, for: 
a) Planning, coordinating, controlling and managing human resources of IND; 
b) Up dating the staff of IND, assuring the execution of selections norms, recruiting and the personnel's promotion; 
c) Proposing and implementing the plan of vocational training of IND employees; 
d) Perform guidance's on enforcement of labor legislation at central level and in the dependent organisms. 

ARTICLE 25 
Delegations 

The Delegations shall be responsible, namely, for: 
a) Coordination and monitoring mine clearance activities and of prevention of mine accidents, within the area of their jurisdiction; 
b) Establishment of linkage between IND and the provincial governments and other agencies in scope of exercising IND duties; 
c) Establishment of linkage with the departments of IND feeding them forward with information.

UP

CHAPTER III

Bindingness of the Institute 

ARTICLE 26 
Bindingness 

The Institute binds: 
a) For the signature of Director;
b) For the signature of the Deputy Director or of any head of department within the limits of the mandate conferred by Director. 

UP

CHAPTER IV 

Assets and financial management 

ARTICLE 27 
Assets

The assets of the Institute consist of the universality of goods, rights and other values donated by the State, public or private entities, cooperating agencies, as well as those ones that the Institute acquires in the exercise of its duties. 

ARTICLE 28 
Revenues

The Revenues of the Institute consist of: 
a) Donations, subsidies, cost sharings or any liberalities attributed by any local or international, public or private entities; 
b) The income from services provided; 
c) The provisions attributed by the State to meet the duties referred in the article 5 and to the operation of the Institute; 
d) The incomes of goods that are assigned to the Institute and those coming of the activity thereof; 
e) The value of fines and fees that is authorized to apply. The use of the values of the fines and fees will be determined by a joint ruling of the Ministers of the Foreign Affairs and Cooperation and of the Plan and Finances. 

ARTICLE 29
Expenses 

The expenses of the Institute are: 
a) The running costs and the costs to be met in performing the duties and responsibilities; 
b) The acquisition, maintenance and conservation costs of the goods, equipments or services that are required. 

ARTICLE 30
Management Norms

The Assets and financial management of the Institute, including the organization of the accounting, is governed by the applicable norms to corporate bodies of public right. 

ARTICLE 31
Budget, report and accounts 

1. The annual budget of the Institute is approved by the Ministers of the Foreign Affairs and Cooperation and of the Plan and Finances. 
2. The annual report and accounts, shall be submitted, no later than 31st of March of the following year to the one that is concerned, to the approval by Administrative Tribunal. 

UP

CHAPTER V 

Final Provisions 

ARTICLE 32
In-house Regulation and staff 

1. The Director of IND shall submit to the approval, in terms of the law, and in the period of 60 days the in-house regulation and staff. 
2. The Institute can also outsource local and international individualities and experts of recognized merit and specialization, who are not IND full time employees, to conduct studies or specialized tasks, being the respective remuneration establish by common agreement of the parts. 

ARTICLE 33
The personnel's Statute 

1. The personnel of the Institute provided for in number one of the previous article is governed by the applicable norms to the public service employees and, in the specialty, by this Statute and in-house Regulation. 
2. The above cases in No 2 of the previous article are an exception, for which the norms of the individual contract of work are applicable. 

ARTICLE 34
The personnel's Mobility 

The employees of public service and subordinated institutions, as well as workers of the public companies, can be seconded to the Institute, with guarantee of holding his/her original position and the acquired rights.

UP