(1) Development Cooperation Act

Original Language Title: Loi relative à la Coopération au Développement (1)

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Posted the: 2013-04-12 Numac: 2013015084 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE March 19, 2013. -Law on Cooperation to development (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. in this Act shall mean: 1 ° 'Belgian Development Cooperation': politics and federal actions in development cooperation carried out by governmental, multilateral and non-governmental channels and through other instruments which are or have been accounted for as public aid to development assistance Committee (DAC) of the Organisation for Cooperation and development (OECD);
2 ° "Minister": the Member of the Government who has the Belgian Cooperation development in his or her attributions;
3 ° "partner country": the country considered to be developing countries by the OECD-DAC and recognized as a partner of governmental cooperation;
4 ° "non-governmental": organizations that have as main purpose the development cooperation and may be approved by the Minister and receive grants from the Belgian Development Cooperation for their development cooperation activities; These organizations define independently their social purpose, their activities and their mode of organization;
5 ° 'governmental cooperation': the interventions of development cooperation in a partner country, financed from the budget of the Belgian Development Cooperation within the framework of a cooperation programme between the two countries.
6 ° "nongovernmental cooperation": cooperation, financed or co-financed by the Belgian Development Cooperation, in which a third party who is not a foreign State or a multilateral organization, meets the implementation of interventions by development cooperation, on the basis of a regulatory system of grant or agreement;
7 ° "multilateral cooperation": contributions from the budget of the Belgian Cooperation development in multilateral organizations, development cooperation interventions;
8 ° 'the programme': a coherent set of development cooperation interventions that exceed appropriate sectors, themes and/or regions;
9 ° "project": an intervention to achieve, within a defined timeframe, a target through a logical approach, cooperation to development, often as part of a broader program, planned and oriented towards results;
10 ° "budget support": a form of financial support for the budget of a partner country, whereby funds are transferred to the Treasury of the partner country as part of a programme of cooperation of national or sectoral nature concluded between donors and the country partner;
11 ° "delegated cooperation": a modality whereby the Belgian Development Cooperation enters into one agreement with another donor multilateral or bilateral public. Delegated cooperation is called passive when it entrusts to the other donor resources and the implementation of the assistance and so-called active when execution of the intervention made by the Belgium with funds from other donors;
12 ° "sustainable development": development that meets the needs of present generations without compromising the ability of future generations to meet their also. Its realization requires a process of change taking into account the limits and the need for conservation of resources and adapting the investment allocation, the targeting of technological development and institutional structures to both present and future needs. To be sustainable, development must reconcile three major elements: social equity, environmental conservation and economic efficiency;
Sustainable development also provides a just transition to sustainable production and consumption methods, promotes equality between men and women and guarantee the population access to goods and public services and basic social protection, as well as the respect of his rights, including sexual rights and access to information and services on sexual rights and reproductive health;
13 ° "partnership": a mode of cooperation between partners in the development cooperation, with mutual responsibility and paying particular attention to the institutional partner country accountability, participatory and active private in particular, its Government, its civil society and its economic sector, to the development of local capacity and the decentralization of interventions to groups target;
14 ° "good governance": the governance which aims the optimisation of the management of institutional capacity, the process of decision of the public authorities and the management of public funds, in respect for democracy, the rule of law, as well as human rights, fundamental freedoms and equality between men and women;
15 ° 'humanitarian aid': assistance designed to save lives, alleviate suffering, and maintain human dignity during and after natural disasters and crises caused by human beings, and to prevent such situations;
16 ° "the coherence of development policies": a process to ensure that the objectives and results of cooperation in the development of government policies are not thwarted by other policies of this Government having an impact on developing countries, and that these other policies support, where possible, the objectives of development;
17 ° "the Cooperation scheme' (PC): the multiannual programme of development cooperation to which the Belgian State engages with a partner country governmental cooperation;
18 ° "human rights": the universal and inalienable rights established by the Universal Declaration of the rights of man adopted by the General Assembly of the United Nations (UNGASS) of 10 December 1948, the international Covenant on Civil and political rights adopted by the UNGA on 16 December 1966, the international Covenant on economic, social and cultural rights adopted by the UNGA on December 19, 1966 the Declaration on the right to development adopted by the UNGA on December 4, 1986 as well as the declaration and the programme of action adopted on 25 June 1993 by the World Conference on human rights;
19 ° "the consolidation of society": support to the emergence or strengthening of civil society and the strengthening of institutions in partner countries in the sectors and themes selected by the cooperation programme referred to 17 °;
20 ° "the fragility": political situation of a State in which the Government and State institutions do not have the means or the will to ensure the safety and protection of citizens, effectively manage public affairs and poverty of the population;
21 ° 'decent work': the possibility for every woman and every man to obtain productive work in conditions of freedom, equity, security and dignity. It brings together various elements: the possibility of exercising a work productively and appropriately paid; safety in the workplace and social protection for workers and their families; improving the prospects for personal development and social integration; freedom for human beings humans to express their concerns, organize and participate in making decisions that affect their lives; equality of opportunity and treatment for all women and men. The Agenda for decent work, as defined by the international organization of labour (ILO), has four strategic objectives, equality between men and women as a cross-cutting objective: create jobs, ensure the rights at work, extending social protection and promote social dialogue;
22 ° "national execution": the public service Government cooperation tasks that can be delegated partly or totally to the partner country, or bodies acting for him or on his behalf.
CHAPTER 2. -Objectives art.
3. the Belgian Development Cooperation has as its overall objective sustainable human development and undertook, to achieve this objective, actions that contribute to economic growth sustainable and inclusive for an improvement of the living conditions of the population in the developing countries and their socio-economic and socio-cultural development, to eradicate poverty, exclusion and inequality.
In this context, the Belgian Development Cooperation also aims the strengthening of the capacities of development partners at all levels. It is part of the United Nations development goals.
S. 4. the Belgian Development Cooperation contributes, in this context, the general objective of development and consolidation of democracy and the rule of law, including good governance, as well as to the objective of respect for human dignity, human rights in all their dimensions and fundamental freedoms, with a focus

particular to the fight against all forms of discrimination.
S. 5. in order to achieve its general objectives, the Belgian Cooperation development promotes also the inclusive, equitable and sustainable economic growth, giving priority to local entrepreneurship, the social economy and the ILO's decent work Agenda.
S. 6. in developing countries, the Belgian Development Cooperation aims to: 1 ° Finance socio-economic programmes aimed at improving the investment climate for local productive capacity in developing countries;
2 ° support the development of the local private sector, particularly through the granting of credits, the capacity-building of small and medium-sized enterprises and microentrepreneurs, and by the acquisition of participations in local companies.
3 ° support fair trade and sustainable;
4 ° to promote their participation in international trade in conditions favourable to their development.
7. the Belgian Development Cooperation also helps raise the Belgian citizen information and education issues, the issue and the realization of the objectives of development cooperation and international relations.
S. 8. in order to ensure the effectiveness of the Belgian Cooperation development and achieve its objectives, maximum consistency between the different areas of the Belgian policy for development is sought.
Political actions of mutual reinforcement within the various departments of the public authorities and public institutions are encouraged to create synergies to achieve the development goals approved by the Belgium.
CHAPTER 3. -Basic principles art. 9. the Belgian Development Cooperation is part of the principles, declarations and conventions of the United Nations relating to development and the environment as well as human rights in all their dimensions.
It contributes to compliance and implementation of international commitments of Belgium, including the quantitative objective of 0.7% of gross national income (GNI) for official development assistance.
10. with a view to the effectiveness of aid, the Belgian Development Cooperation is the strengthening of the democratic ownership by the partners, the alignment on their policies, procedures and management systems, harmonization with other donors, managing for results, mutual responsibility and predictability of resources, and focuses on a limited number of countries, themes and sectors.
S. 11 § 1. In accordance with articles 4 and 5, the Belgian Development Cooperation includes as priority themes: 1 ° the human rights, including children's rights;
2 ° the decent and sustainable work;
3 ° the consolidation of society.
§ 2. The Belgian Cooperation for integral development in a transversal manner in all its interventions: 1 ° the gender dimension, which seeks the empowerment of women and equality of men and women in society;
2 ° the protection of the environment and natural resources including the fight against climate change, drought and global deforestation.
Independent advisory bodies and concerned stakeholders can give their opinion on this matter to the Minister.
S. 12. the achievement of the objectives mentioned in section 2 and the application of the basic principles mentioned in Chapter 3 are transparently and in consultation with the stakeholders referred to in article 2, 5 °, 6 ° and 7 °.
13 § 1. The Belgian Development Cooperation research synergies, coordination and complementarities between the various actors referred to in article 2, 5 °, 6 ° and 7 °, in order to achieve maximum efficiency of the means implemented.
§ 2. The Belgian Development Cooperation promotes the harmonisation with the cooperation of the European Union and multilateral organizations.

§ 3. The Belgian Development Cooperation promotes coordination with the regions and communities of the Belgian State concerning the actions and programs of cooperation, within their competences, for more synergies and complementarities, and maximum coherence of development policies.
S. 14. in accordance with the recommendations of the DAC, the Belgian Development Cooperation respects the principles of untying of official development assistance.
15. in respect of its objectives set out in Chapter 2 and the principles defined in Chapter 3, the Belgian Development Cooperation fits into the long term and aims the continuity of its relations of partnership and of sectors and themes in which it intervenes.
CHAPTER 4. -Cooperation Government art. 16 § 1. The King lists, by Decree deliberated in the Council of Ministers, from eighteen countries partners up with which a lasting relationship is sought, on the basis of the following criteria: 1 ° the degree of poverty and inequality of the partner country, measured on the basis of the level of socio-economic development, the human development index adjusted (IHDI) inequality and human poverty (IPH) index or its degree of fragility;
2 ° the current comparative advantage of the Belgian Development Cooperation and the role it can play in the country partner;
3 ° the efforts made by the partner country in its socio-economic development;
4 ° relating to good governance and human rights the partner country efforts, including to the elimination of discrimination and the promotion of equal opportunities;
5 ° the relative importance of the Belgian Development Cooperation in the country partner in terms of volume and the existence, in the partner country, a division of labour with other donors of funds, including the other Member States of the European Union. The Belgium aims to stand among the major donors.

§ 2. The King lists, by Decree deliberated in the Council of Ministers, of a maximum of five organizations regional partners of governmental cooperation, on the basis of the following criteria: 1 ° at least one Member is a country partner;
2 ° intervention in a sector or priority theme in at least a partner member country;
3 ° or intervention of a strategy of such output as defined in article 17.
§ 3. The Minister shall transmit the list of partner countries and organizations regional partner in the federal Parliament.
17. in the partner countries where it was decided to put an end to the cooperation, an exit strategy is being implemented in consultation with the concerned countries and other donors present to organize this output a maximum period of four years.
S. 18. the governmental cooperation is concentrated on a maximum of three sectors by partner country. The choice of sectors is made in accordance with the principles of alignment and harmonization, based on the priorities of the partner country and in consultation with the partner countries and other donors.
19. in the choice of these sectors, governmental cooperation focuses on the following four areas or their equivalent in the partner countries: 1 ° health care, including access to health for all, reproductive health and the fight against major endemic diseases, including a transversal approach to HIV/AIDS;
2 ° education and training;
3 ° agriculture and food security;
4 ° basic infrastructure.
The topics referred to in article 11, § 1, may be the subject of specific initiatives.
The topics referred to in article 11 § 2, are integrated transversally in all sectors.
20. in each partner country, governmental cooperation aims a country strategy common donors, preferably at the level of the European Union and respecting the alignment and the democratic ownership by the partner country.
This common strategy provides the framework for the programme of cooperation with the partner country. This program specifies sectoral choices and the implementing rules adopted in particular. Strategy and program are communicated to the Belgian federal Parliament and the Parliament of the partner country.
S. 21. in order to ensure the widest possible responsibility of the partner country, governmental cooperation focuses on national execution of its interventions by the procedures, instruments and systems of management of the partner country and strengthens if necessary. Another modality of execution can be chosen if the risk analysis shows that national execution cannot be accepted.
S. 22 at the request of the partner country, the cooperation programme may include a limited percentage of passive delegated cooperation defined by the Joint Commission.
CHAPTER 5. -Cooperation multilateral s. 23. the King establishes, by Decree deliberated in the Council of Ministers, a list of a maximum of twenty organisations international partners of the multilateral cooperation to which voluntary contributions are granted, on the basis of the following criteria: 1 ° the overall objectives of the international organization are consistent with those of the Belgian Cooperation for development referred to in Chapter 2.
2 ° the international organization has a logical, planned approach oriented towards the results, reflected in development programmes allowing an evaluation of the use of the contributions of multilateral cooperation in the manner determined by the King;

3 ° the contributions of multilateral cooperation are consistent with regards to possible contribution provided to the international organization by other actors of development cooperation, to harmonize all of the contributions of the development cooperation and to maximise their effects.
S. 24. voluntary contributions in the context of multilateral cooperation are intended primarily for means General and unrestricted concerned partner organizations.
Voluntary contributions are reflected in a multi-year agreement with partner organizations.
S. 25. the Belgian Development Cooperation also grants compulsory contributions to multilateral organizations which the Belgian State is a member and whose objectives are consistent with those of the Belgian Cooperation for development referred to in Chapter 2. A mandatory contribution is based on a key distribution approved by the competent bodies of the international organization.
CHAPTER 6. -Cooperation. non-governmental art.
26. the King shall determine, by order deliberated in Council of Ministers, the procedure and the procedure for approval of non-governmental organizations, as well as the rules for funding of their activities, in respect of their autonomy and their right of initiative.
S. 27. the King determines, by Decree deliberated in the Council of Ministers, the procedure and modalities of selection of companies, groups, associations and institutions under public law or private law, other than the organisations referred to in article 26, as the non-governmental cooperation partners, as well as the rules for funding of their activities.
S. 28. organizations of local civil society management capacities sufficient to achieve only their own goals can be financed on a proposal from the Embassy of Belgium and in consultation with the Belgian actors active in the field in a limited number of partner countries in governmental cooperation where such interventions are relevant.
The King determines the criteria, procedure and modalities for the programme of direct subsidies for these organizations.
CHAPTER 7. -Helps humanitarian s. 29 § 1. The humanitarian aid includes: 1 ° the temporary assistance provided by the Belgian Cooperation development, natural disasters and crises caused by humans, for the benefit of countries regarded as developing countries through the OECD-DAC and bringing special attention to the needs of the victims;
2 ° the contributions to international humanitarian organizations.
§ 2. Humanitarian aid obeys the following principles: 1 ° the humanity: save lives and alleviate suffering are central objectives;
2 ° the impartiality: aid is granted without discrimination and only on the basis of the needs;
3 ° the neutrality: the action taken can benefit any part of an armed conflict or any other conflict.
4 ° the independence: the humanitarian objectives are autonomous from the political, economic, military or other objectives which are pursued in the region concerned.
§ 3. The humanitarian aid is granted according to the rules laid down by the King.
S. 30 § 1.
Assistance and emergency rehabilitation in the short term, including food aid and disaster preparedness, are part of the humanitarian aid. In the limit of the appropriations entered for this purpose in the budget and in accordance with the conditions laid down by the King, the Minister may provide these types of aid.
§ 2. In countries post-conflict situations that are considered to be developing countries by the DAC of the OECD, the Belgian Development Cooperation contributes to the multi-year funding framework of interventions for rehabilitation and reconstruction in consultation with the international community and multi-donor programmes. The King sets, by Decree deliberated in the Council of Ministers, each contributing to the financing of interventions in a post-conflict country depending on budgetary possibilities and according to the principles referred to in article 29, paragraph 2. It also specifies the duration of the contribution.
CHAPTER 8. -Policy coherence for development art. 31. in order to ensure the coherence of the Belgian policies for development in accordance with articles 2, 16, and 8, are subject to a prior examination of their impact on the development draft legislation, royal decree projects and the proposals for decisions subject to the approval of the Council of Ministers, meeting the criteria and according to the implementing rules laid down in a royal decree deliberated in the Council of Ministers Chapter 9. -Assessment s. 32. in order to achieve the objectives of the Belgian Cooperation for development as defined in Chapter 2, the results are evaluated in the light of the principles set out in Chapter 3 and on the basis of the criteria laid down by the DAC of OECD, namely the relevance, effectiveness, efficiency, sustainability and impact, as well as on the basis of sustainability.
A coherent approach will be developed for this purpose, to permit a reporting of results and results-based management.
A standardized reporting system will also enable a systematic monitoring of the results achieved and not achieved.
It will be also taken into account these results when decision concerning future actions.
S. 33. the Belgian Development Cooperation actors referred to in article 2, 5 °, 6 ° and 7 °, are responsible for internal evaluation and follow-up of their interventions. The King determines detailed rules designed to harmonise and to certify these evaluation systems.
S. 34. the King determines the necessary instruments to ensure that the external evaluation of the Belgian Development Cooperation actors referred to in article 2, 5 °, 6 ° and 7 °, with regard to the objectives referred to in Chapter 2 and the criteria referred to in article 32.
-Reporting to Parliament federal arts. 35. no later than May 15 of each year, the Minister presents the federal Parliament the report of the Belgian Cooperation in the development of the previous year.
This report mentions: 1 ° the results of the Belgian Development Cooperation with the objectives defined in Chapter 2 and the principles defined in Chapter 3;
2 ° of the recommendations concerning the coherence of development policies referred to in articles 2, 16 °, 8 and 31.
CHAPTER 11. -Protection against seizure and assignment art. 36. the funds and property intended for the Belgian Development Cooperation are elusive and non-transferable.
CHAPTER 12. -Provisions finals s. 37. the Act of 25 May 1999 on international cooperation Belgian is repealed.
Implementation of the law of May 25, 1999 orders continued to leave their effects until their repeal by the King.
S. 38. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on March 19, 2013.
ALBERT by the King: the Minister of Cooperation for development, p.. Lady sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBBOM _ Note (1) Session 2012-2013.
Room Documents. -Bill, 53 2465/001. -Amendments, 53 2465/002 to 005. -Report, 53 2465/006. -Text adopted by the commission, 53 2465/007.
See also: Compte rendu intégral. -19 and December 20, 2012.
Senate Documents.
-Decision not to amend, 5-1908.