• Any public agent of the State can be requisitioned
• Measures for psychological and health care
• The list of faults leading to revocation
33.239 agents from 8 ministerial departments (National Education, Health, Agriculture, Environment, Humanitarian Action and Justice, etc.) were affected by the security crisis. To these are added 165 agents of the Territorial Administration. These figures are from the minister in charge of the public service, Bassolma Bazié, who responded to an oral question, in January 2023, in front of the hemicycle. At the time, Minister Bazié emphasized that the redeployment of these agents forced to leave their assigned post was done by favoring the administrative structures closest to their former posts likely to accommodate them. “Redeployment outside the region is an ultimate solution,” he said. A situation which, according to him, reveals that the current regulations are unsuitable for the management of human resources of the State and the public service in times of crisis. To remedy this, his department plans to adopt a framework for managing the human resources of the State and the public service in times of crisis.
One year later, it is now done, with the adoption, on February 12, 2024, of Decree No. 2024-0094 /PRES-TRANS/PM/ MFPTPS/MATDS/MEFP establishing the modalities for the management of public officials of the State in a security crisis situation. The management methods concern several areas. This concerns the organization of the service, the organization of professional examinations and competitions, the management of internships, the evaluation of personnel, assignments, the protection of public officials of the State and the management of the disciplinary regime. These provisions apply only in periods of security crisis to all public agents of the State, with the exception of those governed by the general status of personnel of the National Armed Forces.
The decree stipulates that in times of security crisis, all public officials, with the exception of army personnel, must continue their work for the benefit of all, in continuity and by adapting to the situation. Chapter 2 of this decree specifies the provisions relating to the organization of the public service. In article 5, the decree stipulates that “in a security crisis situation, the public agent may be required to ensure the continuity of the public service”. This requisition is made in accordance with the conditions and procedures provided for by the texts in force.
On the protection of public officials
The protection of public officials was also taken into account in this decree. Provisions provide psychological support for public officials, as well as the people who reside with them. Psychological care concerns public officials who are victims of any trauma linked to violence perpetrated against oneself or a loved one; the beneficiaries of a public official who died following a terrorist attack; family members of a public official who is the victim of an attack of terrorist attack made against the public official or another member of his family due to his affiliation with the public official; the members of the family of a public official exercising or carrying out missions regular In of the zones affected par the security crisis; the agent public exercising or carrying out regular missions in areas affected by the security crisis. In addition, public officials working in areas affected by a security crisis benefit from full health coverage. The following are taken into account in this health coverage: medical consultations; medical examinations; nursing, medical, obstetric and rehabilitation care; surgical interventions; medical evacuations abroad.
Article 28 of this decree further stipulates that “any violence of a terrorist nature suffered by a public official not covered by the social security system in force is assimilated to a professional risk. In this case, it is covered by the state budget.”
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Boxed
Discipline et sanction
What does the decree say?
Chapter 7 relating to the provisions relating to discipline and sanctions specifies that with the exception of agents governed by an organic law, any public official who leaves the post of assignment due to a security situation and who does not take not having the arrangements to inform the competent authority under the conditions provided for in Article 21 of this decree is considered as “being in a situation of irregular absence”. And in this case, the formal notice procedure is initiated, in accordance with the regulatory provisions in force.
Article 31 : Subject to the provisions of articles 18 and 21 of this decree, the following cases are assimilated to cases of refusal to join the assigned position:
A public official who does not return to his or her assigned post within 30 days from the date of notification of the act, unless he or she can prove that he or she is under psychological care following a trauma or health care linked to the after-effects of physical violence suffered;
The public official who uses subterfuge to avoid returning to his post, after an assignment, despite the measures taken by the Administration to ensure his security.
Article 32 : The following cases are considered to be extremely serious faults leading to dismissal in accordance with the texts in force without prejudice to the criminal sanctions provided for in this area:
The fact of the public agent maintaining intelligence with the enemy, undermining the security of citizens, public agents, their property and public property;
The act of the public official diverting material and financial resources allocated to the care of vulnerable people or the optimal functioning of public services;
The fact of the public official using his position or status to abuse vulnerable people for whom he provides care within the framework of the measures enacted;
The fact of the public official retaining or concealing information whose communication to the competent authorities would have made it possible to prevent or deal with a malicious action;
The act of a public official posing as a vulnerable person, with a view to benefiting from support within the framework of humanitarian action;
The fact for the public agent to leave their position for security reasons and to be employed in the same locality by a structure other than the State while continuing to receive their salary;
The fact of the public official intentionally communicating erroneous information to the competent authorities, with the aim of hindering the proper execution of security actions or protecting a malicious person.
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