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27 JANVIER 1999. - An Act to approve the cooperation agreement between the Federal State, the Communities and the Regions on the continuity of poverty policy signed in Brussels on 5 May 1998

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 cooperation agreement between the Federal State, the Communities and the Regions on the continuity of poverty policy, signed in Brussels on 5 May 1998, is approved.
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, 27 January 1999.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
The Minister of Social Affairs,
Ms. M. DE GALAN
The Minister of Employment and Labour, responsible for the Gender Equality Policy,
Ms. M. SMET
Minister of Public Health and Pensions,
Mr. COLLA
The Secretary of State for Social Integration,
J. PEETERS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
Documents of the House of Representatives:
- 1713 - 97/98:
- No. 1: Bill.
- Number two: Report.
- No. 3: Text adopted in plenary and transmitted to the Senate.
Annales de la Chambre : 8 et 10 décembre 1998.
Documents of the Senate:
1-1193 - 1998/1999:
- No. 1: Project transmitted by the House of Representatives.
- Number two: Report.
- No. 3: Text adopted by the commission.
- No. 4: Text adopted in plenary session and subject to Royal Assent.
- 1-82/35: Decisions of the Parliamentary Committee for Consultation.
Annales du Sénat : 13 et 14 janvier 1999.

Cooperation agreement between the Federal State, the Communities and the Regions on the continuity of poverty policy
Having regard to Article 77 of the Constitution;
Having regard to the special law of 8 August 1980 on institutional reform, including Article 92 bis, § 1, inserted by the special law of 8 August 1988 and amended by the special law of 16 July 1993;
Considering the special law of 12 January 1989 on the Brussels Institutions, not articles 42 and 63;
Considering the law of 31 December 1983 of institutional reforms for the German-speaking Community, including Article 55bis, inserted by the law of 18 July 1990 and amended by the law of 5 May 1993;
Having regard to the decision of the Federal Government Consultation Committee - Governments of the Communities and Regions of 3 December 1997;
Considering that the precarious existence, poverty and social, economic and cultural exclusion, whether of a single human being, seriously undermine the dignity and equal and inalienable rights of all human beings;
Considering that the restoration of the conditions of human dignity and the exercise of human rights as defined by the Universal Declaration of Human Rights of 10 December 1948 and the two International Covenants on Economic, Social and Cultural Rights, and on civil and political rights of 19 December 1966 is a common objective of each Authority of the country;
Considering that the achievement of this objective is, in particular, through a constant effort of each Authority, both on its side and in coordination with others for the development, implementation and evaluation of policies for the prevention of the precarious existence, the fight against poverty and the integration of people in society;
Considering that social security is a priority for the maintenance of social cohesion, for the prevention of precariousness, poverty and social inequalities and for the emancipation of the human being;
Considering the importance of ensuring the continuity of these integration policies, including through the adaptation and development of public services;
Considering that the participation of all persons concerned by these integration policies, as soon as they are developed, must be guaranteed by the Authorities;
* the Federal State, represented by the Prime Minister, the Minister of Social Affairs, the Minister of Employment and Labour responsible for the Policy on Equal Opportunities between Men and Women, the Minister of Public Health and Pensions and the Secretary of State for Social Integration;
* the Flemish Community and the Flemish Region, represented by its Government, in the person of the Minister-President and Ministers responsible for the coordination of poverty policy and assistance to persons;
* the French Community, represented by its Government in the person of the Minister-President;
* the German-speaking Community, represented by its Government, in the person of the Minister-President and the Minister of Youth, Training, Media and Social Affairs;
* the Walloon Region, represented by the Minister-President and the Minister of Social Action;
* the Brussels-Capital Region, represented by the Minister-President;
* the Joint Community Commission, represented by members of the College of People's Aid;
The following agreed:
Article 1^er In accordance with their respective competences, the signatory parties undertake to pursue and coordinate their policies for the prevention of precarious existence, the fight against poverty and the integration of people into society, on the basis of the following principles:
* the realization of social rights enshrined in Article 23 of the Constitution;
* equal access for all of these rights, which may also involve affirmative action measures;
* the establishment and strengthening of the modalities for the participation of all the authorities and persons concerned, in particular those living in a state of poverty, in the development, implementation and evaluation of these policies;
* a policy of social integration is a cross-cutting, comprehensive and coordinated policy, i.e., it must be carried out in all areas of competence and that it requires a permanent evaluation of all initiatives and actions undertaken and planned.
Art. 2. To this end, the signatory parties undertake to contribute, each within the limits of their competence, to the development of a Report on Precariousness, Poverty, Social Exclusion and Equal Rights Access, as described below as "the Report". This is drafted every two years for the month of November by the "Service de lutte contre la pauvreté, la Précarité et l'Exclusion sociale" provided for in Article 5 of this Agreement, on the basis of the contributions of the parties. The report is prepared in the three national languages.
It contains at least:
* an assessment of the evolution of the precarious existence, poverty and social exclusion on the basis of the indicators defined in Article 3;
* an assessment of the effective exercise of social, economic, cultural, political and civil rights and the remaining inequalities in access to rights;
* an inventory and evaluation of policies and actions since the previous report;
* concrete recommendations and proposals to improve the situation of persons concerned in all areas covered by this article, both in the long term and in the short term.
Art. 3. After consultation with the scientific world, the competent administrations and institutions, the social interlocutors and the organizations in which the most deprived persons express themselves, the signatory parties will examine the quantitative and qualitative indicators and the instruments that can be used and/or elaborated in order to analyse the evolution in all areas covered by Article 2 so as to enable the competent authorities to intervene in the most appropriate manner. A first set of indicators will be determined on 15 November 1998.
In accordance with the laws and regulations relating to the protection of the privacy of individuals, the signatory parties undertake to make available to the Poverty, Precariousness and Social Exclusion Service free of charge, all the data on which a prior agreement will be reached, or to facilitate access to such data if it belongs to external services. The signatory parties also have access to this data.
Art. 4. § 1^er. The Report is submitted via the Inter-Ministerial Conference of Social Integration referred to in Article 9 to the Federal Government and to the Governments of the Communities and Regions, which undertake to transmit it to their Councils, Parliaments or Assemblys.
§ 2. In the month following its receipt, the Report is forwarded by the Federal Government to the National Labour Council and the Central Council of Economy, which renders a notice in the month, in particular with regard to the areas that fall under their mandates. According to the same procedure, the Communities and the Regions also ask their own competent bodies of opinion in this area.
§ 3. All signatory parties undertake to hold a debate on the content of the Report and the views and, in particular, the recommendations and proposals contained in the report.
Art. 5. § 1^er. In order to implement the foregoing a "Service de lutte contre la Poverty, la Précarité et l'Exclusion sociale" is created with the following tasks:
* identify, systematize and analyze information on precarious existence, poverty, social exclusion and access to rights based on the indicators defined in accordance with Article 3;
* make concrete recommendations and proposals to improve policies and initiatives to prevent precarious existence, to combat poverty and to integrate people into society;
* prepare, at least every two years, a Report as defined in Article 2;
* at the request of one of the signatory parties, the Interdepartmental Conference for Social Integration or Initiative, issue notices or prepare interim reports on any matters relating to the areas of its missions;
* organize a structural dialogue with the poorest.
§ 2. To achieve the objectives defined under § 1^er, the Service associates in a structural and continuous way with its work the organizations in which the poorest people express themselves, making use of the dialogue-based methodology, as developed during the elaboration of the "General Report on Poverty".
The Service may also appeal to any person or public or private organization with relevant expertise.
Art. 6. § 1^er. The Poverty, Precarity and Social Exclusion Service is trilingual and is created at the federal level at the Centre for Equal Opportunities and the Fight against Racism. It is subsidized by all partners. For 1998, a budget of 20 million francs is made available:
* 15.000.000 francs by the federal state;
* 2.800,000 francs by the Flemish Community and the Flemish Region;
* 1.700.000 francs by the Walloon Region (in consultation with the French and German-speaking Communities);
* 500,000 francs by the Brussels-Capital Region (in consultation with the Joint Community Commission).
The amounts are indexed annually. The budget may be adapted to the agreement of all parties concerned after evaluation, by an adjudicator to this cooperation agreement.
The amounts are paid for the month of March of the year to which they relate.
§ 2. A permanent and structural collaboration must take place between the Poverty, Precarity and Social Exclusion Service and the relevant administrations at the Community and Region levels. For this purpose, scientific collaborators are placed, in one form or another, at the disposal of the Service by the three Regions: 1.5 full-time equivalent by the Flemish Region, 1 full-time equivalent by the Walloon Region and 1/2 full-time equivalent by the Brussels-Capital Region. If these are public servants, they continue to be part of the staff of the Region.
§ 3. In keeping with their skills and budgets, the Communities and Regions ensure that they recognize and encourage organizations in which destitute people express themselves.
Art. 7. § 1. A Management Committee of the Poverty, Precarity and Social Exclusion Service is established with the following missions:
* the guarantee of the successful implementation of this cooperation agreement;
* on the proposal of the Accompaniment Commission provided for in Article 8, the faculty to use scientific institutions or specialized study services that, given their experience and the material at their disposal, may assist the Poverty, Precariousness and Social Exclusion Service in carrying out its duties; in this case, a convention must be concluded with the Center for Equal Opportunities and the Fight against Racism;
* the development for the Poverty, Precarity and Social Exclusion Service of a budget project whose management is strictly separated from the organic staffing of the Centre for Equal Opportunities and the Fight against Racism;
* the identification of the staff needs programme and in particular the profile of the coordinator's functions.
§ 2. The President and Vice-President of the Management Committee and the Coordinator of the Poverty Reduction Service, the Precariousness in Exclusion attend with advisory voice to the meetings of the Board of Directors of the Center for Equal Opportunities and the Fight against Racism when issues concerning the Poverty, Precarity and Social Exclusion Service are on the agenda.
§ 3. In addition to the Representative of the Prime Minister, the Management Committee consists of 12 members, including:
* 4 members submitted by the Federal State;
* 3 members nominated by the Flemish Community and the Flemish Region;
* 2 members presented by the Walloon Region in consultation with the French Community;
* 2 members presented by the Brussels Region in consultation with the Joint Community Commission, including a Dutch-speaking and a Francophone;
* 1 member presented by the German-speaking Community.
These members shall be designated in accordance with their expertise and experience in the areas covered by this Cooperation Agreement. They are appointed by the respective Governments and are appointed for a renewable term of 6 years by a royal decree deliberated in the Council of Ministers.
§ 4. In addition, the Director and Deputy Director of the Centre for Equal Opportunities and the Fight against Racism, as well as the Coordinator of the Anti-Poverty, Precarity and Social Exclusion Service, are members with advisory voices of the Management Committee.
Art. 8. It is established a Commission of Accompanying which, under the presidency of the Minister or State Secretary for Social Integration, accompanies the work of the Anti-Poverty, Precarity and Social Exclusion Service. The Accompanying Commission also ensures compliance with the methodology and criteria set out in section 3, as well as the progress of the Report. The accompanying committee shall be composed of the members of the Management Committee set out in section 8, to which shall be added at least:
* 4 representatives of social interlocutors, presented by the National Labour Council;
* 2 representatives of insurers, presented by the National Intermutualist College;
* 5 representatives presented by the organizations in which the poorest people express themselves, including a representative of the homeless;
* 3 representatives presented by the Social Assistance Section of the Union of Belgian Cities and Municipalities.
These representatives are proposed in accordance with their expertise and experience in the areas covered by this cooperation agreement. The Management Committee grants them a six-year term.
Art. 9. In order to ensure the dialogue between the different Governments, the Interdepartmental Conference of Social Integration meets at least twice a year.
In keeping with the competences of the Authorities that compose it, it is the task of ensuring a comprehensive, integrated and coordinated approach to policies to prevent the precarious existence, to combat poverty and to integrate people into society.
It is chaired by the Prime Minister and prepared in collaboration with the Minister or Secretary of State who has the Social Integration in his responsibilities. They also follow up. To this end, they rely on the competence of the Poverty Unit within the Administration of Social Integration and the Poverty, Precarity and Social Exclusion Service.
Art. 10. As part of the Interdepartmental Conference of Social Integration, the signatory parties will annually assess the operation of the Poverty, Precarity and Social Exclusion Service and the successful implementation of this cooperation agreement.
Art. 11. This cooperation agreement aims to strengthen the mission of the Center for Equal Opportunities and the Fight against Racism, as defined in Article 2 of the Law of 15 February 1993 creating a Center for Equal Opportunities and the Fight against Racism, in particular in the field of the struggle against any form of exclusion. For this reason, on the occasion of the renewal of the Board of Directors of the Centre, the Federal Government will invite Parliament to consider this strengthening on the basis of the assessment provided for in Article 10.
Done in Brussels on 5 May 1998 in 7 copies.
For the federal state:
J.-L. DEHAENE,
Prime Minister
Mr. COLLA,
Minister of Public Health
Mr. DE GALAN,
Minister of Social Affairs
Mr. SMET,
Minister of Employment and Labour
J. PEETERS,
Secretary of State for Social Integration
For the Flemish Community and the Flemish Region:
L. VAN DEN BRANDE,
Minister-Chairman
L. PEETERS,
Minister of Internal Affairs, Urban Policy and Housing
L. MARTENS,
Minister of Culture, Family and Social Welfare
For the French Community:
L. ONKELINX,
Minister-President
For the German-speaking Community:
J. MARAITE,
Minister-Chairman
K.-H. LAMBERTZ,
Minister of Youth, Training, Media and Social Affairs
For the Walloon Region:
R. COLLIGNON,
Minister-Chairman
W. TAMINIAUX,
Minister of Social Action
For the Brussels-Capital Region:
CH. PICK,
Minister-Chairman
For the Joint Community Commission:
R. GRIJP,
D. GOSUIN,
College members in charge of Aid to Persons