ACT No 73/2007 on the Icelandic Crisis Response Unit and its Participation in International Crisis Response
CHAPTER I
General Provisions
Article 1
The Ministry for Foreign Affairs may participate in international crisis response schemes and send civilian experts on crisis response assignments for that purpose.
Crisis response assignments include, among other things, the following operations:
a. Participation in assignments to ensure stability and to work with the inhabitants of conflict zones.
b. Assignments to support political and economic development with the aim of achieving lasting peace.
c. Assignments to support the development of the infrastructure of society after armed conflict has ended, e.g. in the fields of administration, supply networks and telecommunications.
d. Participation in preventive projects conceived to avert armed conflict in unstable areas.
Assignments of the Icelandic Crisis Response Unit may never contravene the provisions of humanitarian and human rights conventions.
CHAPTER II
Duties and Legal Status of Crisis Response Personnel
Article 2
The Icelandic Crisis Response Unit is a department in the Ministry for Foreign Affairs performing the functions of organization and supervision of crisis response assignments under the auspices of the Ministry. The Minister for Foreign Affairs decides on crisis response assignments in each case and consults with the Foreign Affairs Committee of the Althing, where appropriate. The Crisis Response Unit’s personnel, sent on a mission to carry out assignments under the auspices of International Associations or Organizations of which Iceland is a member or works with under an agreement, shall, when carrying out their daily tasks, be under the command of the Association or Organization in question.
The Crisis Response Unit’s personnel shall wear uniforms, where appropriate, depending on the form and nature of the assignment being carried out. Moreover, the Ministry for Foreign affairs shall determine their rank within the hierarchy of the International Organization concerned, where necessary.
Article 3
Icelandic crisis response personnel may bear arms for self defence, when exercising their functions and where required, provided they have received appropriate training in the use of such arms. The Ministry for Foreign Affairs will lay down rules for the use of arms and the responsibility of personnel who bear arms when exercising their functions as employees of the Icelandic Crisis Response Unit.
Article 4
Icelandic crisis response personnel may bring with them necessary medication and medical device, when exercising their functions abroad, suited to the nature and scale of the assignment in each case.
Article 5
Icelandic crisis response personnel are under Icelandic criminal jurisdiction, when exercising their functions abroad, and are subject to criminal liability in accordance with the General Penal Code and special criminal laws. The Director of Public Prosecutions is the investigation and prosecuting authority in respect of alleged commission of criminal offences by Icelandic crisis response personnel. Legal proceedings in such criminal matters shall be conducted in Icelandic Courts in accordance with general criminal procedural law.
The State of Iceland exercises jurisdiction with regard to disciplinary sanctions imposed on Icelandic crisis response personnel for breaking rules.
Article 6
Icelandic crisis response personnel shall, when exercising their functions, abide by rules of international law by which Iceland is bound and which have legal effects for natural persons. Crisis response personnel are bound by an obligation to maintain confidentiality with regard to information, which comes to their knowledge in the course of their employment and shall be covered by secrecy in accordance with rules and instructions laid down by the organization responsible for the assignment, law, orders given by senior officers or the nature of the subject. The obligation of confidentiality remains even after employment ceases.
Notwithstanding the provisions of the first paragraph of this Article all crisis response personnel are obliged, in every case, to provide information to the Ministry for Foreign Affairs on occurrences, which have come to their knowledge in the course of their employment and may be considered as non compliance with the provisions of international human rights and humanitarian conventions to which Iceland is bound.
Icelandic crisis response personnel shall obey rules of professional conduct set by the Minister for Foreign Affairs.
Article 7
Icelandic crisis response personnel may not participate in political activities or protest in the region where they are employed overseas.
CHAPTER III
Recruitment of Crisis Response Personnel, their Employee Benefits etc.
Article 8
The Ministry for Foreign Affairs may keep a record of people who are ready to carry out crisis response assignments overseas. The recording may be subject to the satisfaction of general minimum criteria for entry, including education, knowledge, experience, health, language competence and other abilities as may be considered necessary by the Ministry. The Ministry for Foreign Affairs will otherwise determine, in particular, what kind of knowledge, know-how or experience will be of best use when people are employed to carry out special assignments and is, in that case, not bound by the aforementioned record.
The provisions of Article 7 of Act No 70/1996 concerning the Rights and Obligations of State Civil Servants on notification of Government posts do not apply to crisis response work.
Article 9
Employment of crisis response personnel shall be of a temporary duration, for periods not exceeding one year each. Mutual period of notice shall be one month. The provisions of Article 44, paragraph 1, of Act No 70/1996 and Act No 139/2003 do not apply to crisis response personnel.
Article 10
State civil servants are eligible for unpaid leave for the period of time they are employed as crisis response personnel. The aforementioned unpaid leave is without prejudice to their other employee benefits, including the right to make payments to State civil servants’ savings schemes. The State civil servants’ period of service as crisis response personnel shall be determined as a part of their period of service as permanent State civil servants.
Article 11
For the duration of their employment contract Icelandic crisis response personnel shall carry life and health insurance and insurance against personal injury. Such insurance policies shall cover both instances at work and outside work abroad for the duration of their employment contract. Similar insurance policies shall apply for employees of the Ministry for Foreign Affairs and experts carrying out short-term assignments and travelling to places where the Icelandic Crisis Response Unit operates. The terms of the said insurance policies shall be provided for in more detail in a regulation adopted by the Minister of Finance in consultation with the Minister for Foreign Affairs.
Article 12
The provisions of the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, do not apply to work done by Icelandic crisis response personnel overseas. Legislative measures and provisions of industrial agreements concerning working time, rest periods and holidays do not apply to crisis response personnel. Crisis response personnel do not get extra paid for working overtime or for workload that might come with their duty.
Article 13
Icelandic crisis response personnel may neither go on a strike nor be a party to a strike notice.
CHAPTER IV
Powers to Adopt a Regulation and Entry into Force
Article 14
The Minister for Foreign Affairs may lay down, in the framework of a regulation, more express provisions on the implementation of the present Act.
Article 15
The present Act shall enter into force forthwith.