Law Approving The Memorandum Of Understanding Between The Kingdom Of Belgium And The Republic Of South Africa Concerning Cooperation For Development, Signed In Brussels On 16 March 1995 (1)

Original Language Title: Loi portant assentiment au Mémorandum d'Accord entre le Royaume de Belgique et la République d'Afrique du Sud concernant la coopération au développement, signé à Bruxelles le 16 mars 1995 (1)

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Posted the: 1999-10-30 Numac: 1999015173 Ministry of Foreign Affairs, international trade and international COOPERATION 11 April 1999. -Law concerning consent to the Memorandum of understanding between the Kingdom of Belgium and the Republic of South Africa concerning the development cooperation, signed in Brussels on 16 March 1995 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Memorandum of understanding concerning Cooperation between the Kingdom of Belgium and the Republic of South Africa, signed in Brussels, on 16 March 1995, will release its full and complete effect.
S. 3. specific arrangements on the basis of article 6 of this Memorandum of understanding will define the detailed rules for the implementation of interventions in sectors covered by article 3 thereof, and this within the budgetary limits laid down in article 7.
These arrangements will be concluded by the Minister that Cooperation to development in his or her attributions; they will be communicated to the Parliament immediately signed and they go out their full and complete effect to the date that they shall determine.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 11, 1999.
ALBERT by the King: the Minister for Foreign Affairs, E. DERYCKE. the Secretary of State for Cooperation in development, R. Mehta sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Note (1) 1998-1999 Session.
Senate Documents. -Bill tabled on November 27, 1998, no. 1 - 1168/1. Report, no. 1-1168/2. -Text adopted at the meeting and transmitted to the House, no 1-1168/3.
Parliamentary Annals. -Discussion, meeting of February 11, 1999. -Vote meeting of February 11, 1999.
Room Documents.
-Draft transmitted by the Senate, no. 49-1997/1. -Report, no. 49-1997/2.
Parliamentary Annals.
-Discussion, meeting of February 25, 1999. -Vote meeting of February 25, 1999.

MEMORANDUM OF UNDERSTANDING ON DEVELOPMENT CO-OPERATION BETWEEN THE KINGDOM OF BELGIUM AND THE REPUBLIC OF SOUTH AFRICA (Hereinafter referred to as the Contracting Parties) Considering the links of friendship between the Republic of South Africa, hereinafter referred to as South Africa and the Kingdom of Belgium, hereinafter referred to as Belgium;
Considering the willingness of South Africa and Belgium to strengthen and enhance, on the basis of mutual respect, non-discrimination and equality, co-operation in all fields which are within the bounds of their respective powers;
Desirous to contribute to the harmonious and sustainable economic and social development of the Republic of South Africa and in particular the poorest part of its population;
Recognizing the need of furthering the process of regional co-operation and integration between the Member States of the Southern African Development Community (SADC);
Mindful that it is important to create a general framework for future co-operation based on partnership and shared responsibilities;
THE CONTRACTING PARTIES HAVE REACHED THE FOLLOWING UNDERSTANDING: Article 1.
Relations between South Africa on the one hand, and Belgium on the other hand, as well as all future agreements between both Contracting Parties, shall be based on the respect of human rights and democratic principles which guide the internal and international policies of the Contracting Parties and constitute an essential part of this memorandum and any future agreement arising from it. art. 2 Both Contracting Parties agree to cooperate with a view tot promoting a harmonious, balanced and sustainable social and economic development in conformity with the priority development objectives of the Republic of South Africa.
S.
3. Co-operation will primarily focus on:-health;
-education and training;
-rural and agricultural development;
-democratization and good governance;
-community development and institution building.
S. 4 This co-operation can be implemented through:-project aid;
-program aid;
-technical assistance;
-financial aid;
-scholarships.
S. 5 The detailed contents of the co-operation programs and projects will be agreed upon through negotiations between South Africa and Belgium.
S.
6 The conditions, terms and modalities of each co-operation program or project to be implemented in the framework of this Memorandum of Understanding will be laid down in specific agreements to be concluded between South Africa and Belgium.
S. 7 Both Contracting Parties will, within the limits of their available financial means and within the framework of their respective procedures and instruments, make available funds to facilitate the co-operation as set out in this Memorandum of Understanding.
Subject to the yearly budgetary allocations to the Belgian Administration for Development Co-operation (B.A.D.C.), the indicative planning figures for the bilateral co-operation between South Africa and Belgium will be defined in the framework of the overall budget for the S.A.D.C - region, up to a ceiling of 450 (four hundred and fifty) million BEF for a first period of three years (1995-1997) , taking into account the specific needs of South Africa as formulated in the Reconstruction and Development Programme.
S.
8 Both Contracting Parties shall take any general or specific measures required tot accomplish their commitments under this Memorandum of Understanding. They shall see that the objectives set out in it are attained.
The Belgian Administration for Development Co-operation and the South African Ministry in the Office of the President will meet on a biannual basis to proceed tot a multisectorial evaluation of the implementation of the co-operation programs and projects and set out recommendations for future co-operation objectives.
S. 9 if either Contracting Party considers that the other Contracting Party has failed to fulfil a commitment within the objectives of this Memorandum of Understanding, it may take appropriate measures. However in order tot seeking solution acceptable to both Contracting Parties, it will, except in circumstances of special urgency, provide alle relevant information necessary for a thorough examination of the situation.
When measures are taken, priority must be given tot those which disturb the least the functioning of co-operation programmes or projects.
The measures shall be notified immediately to the other Contracting Party and shall be subject to consultations if the other Contracting Party so requests.
Done at Brussels on the 16th of March 1995 in two originals in the English language.

TRANSLATION MEMORANDUM of understanding on the development COOPERATION between the Kingdom of Belgium and the Republic of South Africa (hereinafter referred to as "the Contracting Parties") taking into account the bonds of friendship that exist between the Republic of South Africa, hereinafter referred to as 'South Africa', and the Kingdom of Belgium, hereinafter referred to as "Belgium";
Taking into account the commitment of South Africa and of Belgium to intensify, on the basis of mutual respect, non-discrimination and equality, their cooperation all areas within their respective competence;
Willing to contribute to the harmonious and sustainable socioeconomic development of the Republic of South Africa and in particular the poorest part of the population;
Recognizing the need to promote the development of cooperation regional and integration between the Member States of the "Southern African Development Community" (SADC);
Taking into consideration the importance of creating a general framework for future cooperation on basis of participation and shared responsibilities;
THE contracting PARTIES reached the agreement following: section 1.
Relations between South Africa on the one hand and Belgium on the other hand, as well as any future arrangement between the two Contracting Parties will be based on the respect for the rights of man and the democratic principles that inspire the policy domestic and international of the Contracting Parties and constitute an essential element of this Memorandum and any future arrangement that would result.
S.
2. the Contracting Parties agree to work together to promote a harmonious, balanced and sustainable socio-economic development in accordance with the priority objectives for the development of the Republic of South Africa.
S. 3. cooperation will focus mainly on:-public health;
-education and training;
-the development of rural and agricultural;
-democratization and good governance;
-community development and the development of institutional capacity.
S. 4. this cooperation may be achieved through:-assistance in the form of projects;
-to aid in the form of programmes;
-for technical assistance;
-for financial assistance;
-from scholarships.
S. 5. it will be agreed that the detailed content of these programs and development projects in negotiations between South Africa and the Belgium.
S. 6. the conditions, terms and the terms of any program or project of cooperation achieved in the context of the present Memorandum of understanding, will be stipulated in specific arrangements to be concluded between the South Africa and the Belgium.
S. 7. the Contracting Parties within the limits of their available financial resources and in the context of their respective instruments, and procedures relieve funds to facilitate such cooperation set out in the present Memorandum of understanding. According to the annual budget allocated to the General Administration of Cooperation

Development (BADC), the amounts programmed indicatively will be defined in the context of the overall budget for the SADC region, with a ceiling of 450 (four hundred and fifty) million Belgian francs for an initial period of three years (1995-1997), taking into account the specific needs of the South Africa such as that formulated in the Programme for Reconstruction and development.
S. 8. the Contracting Parties will take general and specific measures required to fulfil the obligations imposed on them by this memorandum of understanding. They will ensure the realization of the objectives contained therein.
The Belgian Administration of Cooperation to development and the South African Department with the Office of the President will meet every six months to a multi-sectoral assessment of the implementation of the programmes and development projects, and to make recommendations about future cooperation objectives.
S. 9. If one of the Contracting Parties considers that the other Contracting Party has breached an obligation relating to the objectives of this Memorandum of understanding, it may take appropriate measures. However, to the search for a solution acceptable to both Contracting Parties, it will provide all the relevant information required for a thorough examination of the situation, unless it is characterized by a particular emergency circumstances.
S. 10. in the selection of measures, priority must be given to those which disturb least the functioning of programmes or cooperation project.
The measures shall be notified immediately to the other Contracting Party and subject to consultations if the other Contracting Party so requests.
Done at Brussels, 16 March 1995, in two originals in the English language.
For the Government of the Republic of South Africa: Vice President, T.M. MBEKI for the Kingdom of Belgium: the Secretary of State for Cooperation to development, E. DERYCKE