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11 AVRIL 1999. - An Act to Accredit the Memorandum of Understanding between the Kingdom of Belgium and the Republic of South Africa on Development Cooperation, signed in Brussels on 16 March 1995 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Memorandum of Understanding on Cooperation in Development between the Kingdom of Belgium and the Republic of South Africa, signed in Brussels on 16 March 1995, will come out with its full effect.
Art. 3. The special arrangements made on the basis of Article 6 of this Memorandum of Understanding shall define the modalities for the execution of interventions in the sectors provided for in Article 3, within the budgetary limits set out in Article 7.
These special arrangements will be concluded by the Minister who has Development Cooperation in his or her responsibilities; they will be communicated to Parliament immediately signed and they will come out their full effect on the date they determine.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 11 April 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Secretary of State for Development Cooperation,
R. MOREELS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1998-1999.
Senate
Documents. - Bill tabled on 27 November 1998, No. 1-1168/1. Report, no. 1-1168/2. - Text adopted in session and transmitted to the Chamber, no. 1-1168/3.
Annales parliamentarians. - Discussion, meeting of 11 February 1999. - Vote, meeting of 11 February 1999.
Room
Documents. - Project transmitted by the Senate, No. 49-1997/1. - Report, No. 49-1997/2.
Annales parliamentarians. - Discussion, meeting of 25 February 1999. - Vote, meeting of 25 February 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 economie 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 part, and Belgium on the other part, 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.
Art. 3.
Co-operation will primarily focus on :
- health;
- education and training;
- rural and agricultural development;
- democratization and good governance;
- community development and institution building.
Art. 4.
This co-operation can be implemented through :
- project aid;
- aid programme;
- technical assistance;
- financial aid;
- scholarships.
Art. 5.
The detailed contents of the co-operation programmes and projects will be agreed upon through negotiations between South Africa and Belgium.
Art. 6.
The conditions, terms and modalities of each co-operation programme 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.
Art. 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
Art. 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 programmes and projects and set out recommendations for future co-operation objectives.
Art. 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 to 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 Englisch language.

TRADUCTION
AGREEMENT MEMORANDUM ON COOPERATION TO DEVELOPMENT IN THE BELGIUM ROYAL AND REPUBLIC OF AFRICA
(hereinafter referred to as the Contracting Parties)
Taking into account the bonds of friendship between the Republic of South Africa, below referred to as "South Africa", and the Kingdom of Belgium, below referred to as "Belgium";
Taking into account the strong commitment of South Africa and Belgium to intensify, on the basis of mutual respect, non-discrimination and equality, their cooperation in all areas within their respective competences;
Desirous of contributing to the harmonious and sustainable socio-economic development of the Republic of South Africa and in particular to the poorest part of its population;
Recognizing the need to promote the development of regional cooperation and integration among the member states of the Southern African Development Community (SADC);
Taking into consideration the importance of creating a general framework for future cooperation based on shared participation and responsibilities;
THE CONTRACTING PARTIES UNDER THE ACCORD
Article 1.
The 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 respect for human rights and democratic principles that inspire the domestic and international policy of the Contracting Parties and constitute an essential element of this Memorandum and any future arrangement that would result.
Art. 2.
The Contracting Parties agree to work together to promote a harmonious, balanced and sustainable socio-economic development in accordance with the priority development goals of the Republic of South Africa.
Art. 3.
Cooperation will focus on:
- Public health;
- teaching and training;
- rural and agricultural development;
- democratization and good management;
- community development and institutional capacity development.
Art. 4.
This cooperation can be achieved through:
- assistance in the form of projects;
- assistance in the form of programs;
- technical assistance;
- financial assistance;
- scholarship.
Art. 5.
Detailed content of these development programmes and projects will be agreed in negotiations between South Africa and Belgium.
Art. 6.
The terms, terms and conditions of any programme or project of cooperation to be carried out under this Memorandum of Understanding will be stipulated in special arrangements to be concluded between South Africa and Belgium.
Art. 7.
The Contracting Parties shall, within the limits of their available financial resources and within the framework of their respective procedures and instruments, provide funds that may facilitate cooperation as set out in this Memorandum of Agreement. Depending on the annual budget allocated to the General Administration of Development Cooperation (AGCD), the sums programmed for indicative purposes will be defined within the framework of the overall budget for the SADC region, with a ceiling of 450 (four hundred and fifty) million Belgian francs for a first three-year period (1995-1997), taking into account the specific needs of South Africa as formulated in the Reconstruction and Development Programme.
Art. 8.
The Contracting Parties shall take the necessary general and specific measures to fulfil their obligations under this Memorandum of Understanding. They will ensure the achievement of the objectives contained therein.
The Belgian Development Cooperation Authority and the South African Ministry to the Office of the President will meet every six months to conduct a multisectoral evaluation of the implementation of development programmes and projects and to make recommendations on future cooperation objectives.
Art. 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 action. However, with a view to finding an acceptable solution for both Contracting Parties, it will provide all relevant information necessary for a thorough review of the situation, unless it is circumstances characterized by a particular emergency.
Art. 10.
In the choice of measures, priority should be given to those that at least disrupt the operation of programmes or projects of cooperation. The measures will be notified immediately to the other Contracting Party and will be subject to consultations if the other Contracting Party so requests.
Made in Brussels on 16 March 1995, in two original English-language copies.
The Government of the Republic of South Africa:
Vice-Chairman,
T.M. MBEKI
For the Kingdom of Belgium:
The Secretary of State for Development Cooperation,
E. DERYCKE