Law No. 2014-05 February 03, 2014 Act No. 2014-05 of February 03, 2014, authorising the President of the Republic to ratify the cooperation agreement establishing the Centre West African research and scientific Services on climate change and adapted from (WASCAL) land use, signed February 10, 2012, in Lomé, Togo.
STATEMENT of grounds climate change exert a negative influence on the economy in General and on key sectors such as agriculture, in particular, because of the impact they may have on the land.
This is to cope with an also alarming risk that ten (10) States of West Africa and the Federal Republic of Germany adopted February 10, 2012, in Lomé, Togo, an agreement establishing the Centre West African research and Services scientists on climate change and the appropriate use of land, in English "WASCAL".
This Centre, which has its headquarters in Accra, Ghana, mission is to significantly improve the infrastructure, research capacity and scientific databases for assessment of climate change and their impact on society and socio-ecological systems.
WASCAL aims also to develop solutions that allow a strengthening of the resilience of human and environmental systems through the adaptation of the land use.
To achieve its objectives, WASCAL plans to implement various work instruments including a training program and research capacity, existing (doctoral schools), a basic research program conducted jointly by researchers and scientists from the West and the Germany Africa universities and a Competence Center, which will have its headquarters in Ouagadougou , in Burkina Faso.
These work instruments will be supported financially by the Federal Republic of Germany for the period 2011-2015 and the contributions of other Member States.
The agreement establishing the Centre enters into force when six (6) States will have achieved the national requirements y related.
The creation of this Centre is a positive step forward in the search for solutions to the climate problems as well as to the rational and sustainable land exploitation.
Senegal, in ratifying this agreement strengthens its development agricultural and environmental policy.
Such is the economy of this Act.
The National Assembly adopted in its session of Friday, January 24, 2014;
The President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the cooperation agreement for the establishment of the Centre West African research and scientific Services on climate change and the use (WASCAL) land, signed February 10, 2012, in Lomé, Togo.
This Act will be enforced as law of the State.
Made in Dakar, February 03, 2014 Macky SALL.
By the President of the Republic: Prime Minister Aminata TOURE COOPERATION agreement establishing the CENTRE West - African research and scientific SERVICES on climate change and the appropriate use of the land (in English «WASCAL») the Contracting Parties, recognizing the importance of improving the understanding of the impacts of climate change in the West and the need to face such changes by using suitable land in order to promote the economic development of these countries;
Having regard to the need for an effort joint of the West African countries to improve the prediction of the impact of climate change on the region's economic development and the means to provide empirical evidence for decision-makers on policies on land use that will help counter these effects and, thus, encourage, promote and undertake research at regional and national levels;
Whereas these objectives can best be achieved through research, capacity-building and knowledge exchange;
Anxious to specify respect WASCAL relations between the Contracting Parties, in particular for what concerns the Organization of labour between the Contracting Parties, the governance of WASCAL and the rights and obligations of the Contracting Parties as well as the conditions of funding and commitments material or immaterial of the Contracting Parties;
With the desire to create the "Centre West African research and Services scientists on climate change and adaptive land use" (hereinafter referred to as the «WASCAL»);
agree and decided as follows Article 1. -Definitions for the purposes of execution of this agreement of Coope - ration on the West African Centre for research and Services scientists on climate change and the appropriate use of land (cooperation agreement), the following definitions are used: "Contribution in kind" means contributions other than cash but which have a monetary value, for example, providing infrastructure, staff etc.
"Région" means the territories of the Contracting Parties of the West Africa.
"ZEF" refers to the Research Centre for the development of the University of Bonn, Germany.
Section 2. -Objectives of cooperation 1. The Contracting Parties shall endeavour to create a Research Center international known under the name of Il Centre West African research and scientific Services on climate change and adapted use of land "WASCAL. While recognising this general objective of the Cooperation Agreement, the objectives of WASCAL are: has) significantly improve infrastructure and research capacity, regional scientific databases and cooperation in West Africa in order to be able to assess climate change and its impact on society and systems socio - ecological;
(b) explore scenarios and scientific options for improving the resilience of human and environmental systems in the context of climate change, in particular through adaptation in the field of the use of the land;
(c) strengthen the capacity of policy makers to explore, introduce and expand use rational systems of land suitable to the conditions prevailing in the countries of West Africa and promote the implementation of policies and measures that ensure the provision of essential ecosystem services while supporting the means of livelihood of local communities;
(d) establish and maintain appropriate regional infrastructure to conduct research and build capacity on climate change and the appropriate use of land;
(e) encourage, coordinate and undertake, if required, the development of capabilities as well as programs of basic and applied research in the scientific, technical, economic and sociological areas, recognizing that research should remain relevant and meet the needs of the countries of West Africa in their efforts to adapt to climate change;
f) collect, analyse and disseminate data and information on the methods applied, the experience gained and the results achieved, including best practices inside and outside Africa in the West, on climate change and the use of suitable land in the area.
2. details relating to the implementation of the objectives mentioned above will be described in a "Plan of work and financing of WASCAL" which will be adopted by the appropriate bodies of WASCAL.
Article 3. -Structure, legal status and headquarters of WASCAL 1. WASCAL will consist of: a) a "training and Research Programme" with regional nodes of excellence for capacity building (doctoral) established the existing universities in Member States West African and bearing on priority areas of research in one approach interdisciplinary;
b) a "program of basic research" conducted jointly by researchers and scientists from the West and the Germany Africa;
(c) a "competence center" that will house staff scientific, administrative and support staff and researchers in mission). Competence Center will also house the infrastructure of collection and processing of data and data access, will enable the evaluation, interpretation of the data and analysis of scenarios, will organize courses of training and awareness-raising activities to reach the target groups interested in the region, and will lead an international effort for data collection.
2. with regard to the legal existence of WASCAL, shall be established as an organization inter-national subject to public international law.
3 WASCAL has its headquarters in Accra, Ghana. The "Centre of Competence" headquartered in Ouagadougou, Burkina Faso. WASCAL sign a headquarters agreement with the country of its head to to receive immunities and exemption from customs prescribed by national tax law and other areas of intervention of the Executive power, which may be necessary for the proper functioning of attri - butions that are conferred on WASCAL by its statutes or pursuant to decisions taken at this title by the appropriate bodies of WASCAL.
4. in case of force majeure in the country of the seat, WASCAL headquarters may be transferred by a decision of 2/3 of the eligible votes of the Council of Ministers in favour of transfer of the registered office in another Member of the West African State.
Article 4. -Governance structure 1. All matters relating to the present agreement of Cooperation should be dealt with by the Council of Ministers.
2. the rules and procedures of governance of WASCAL will be resolved in accordance with the statutes of the WASCAL.
Article. 5. - advantages of WASCAL for Contracting Parties 1. All the built infrastructure and assets acquired by WASCAL will be accessible to all Contracting Parties fairly in accordance with the provisions of the present agreement of Cooperation. Each Contracting Party may in particular: a) participate in the "Base research program" and benefit the programme conducted by a consortium of researchers; West Africa and an equivalent consortium of German researchers
b) participate in the "training and Research Programme" with doctoral schools in the named countries;
c) have equal access to the "Centre of Competence" and benefit of the said centre and its functions;
d) participate in the international effort for the collection of data in accordance with the State of the art and benefit from them; as it is described in details in the 'Plan of work and financing of WASCAL'.
(2) WASCAL will take measures to improve the infrastructure and the capacity for research on climate change in West Africa to help generate knowledge and developing the analytical capacity in the region to solve the problems current and future management of land caused by climate change and weather conditions.
(3) WASCAL will help policy makers in the design and implementation of resilient and adaptive land use systems and develop measures to maintain or restore functional ecosystems which support develop - ment sustainable human, while preserving natural resources for future generations.
(4) WASCAL will available to the community of the West African researchers expertise existing in Germany on climate change and adaptive management of the land through partnerships, and strengthen the capacity in the region to assess the impact of policies of land management that affect the well-being and conditions of life in West Africa.
(5) given that WASCAL shall also have access to essential regional information and data to be able to perform his duties, each Party shall facilitate the collection, Exchange and dissemination of information, and to submit reports and data that are reasonably required by WASCAL bodies to carry out its tasks, and take appropriate measures to ensure the accuracy of any information or material provided to the other Contracting Parties. The details on this aspect will be settled in the statutes of WASCAL.
(6) while taking into account possible concerns regarding privacy data and information, a non-disclosure policy will be adopted under the regulations of WASCAL.
Section 6. (-Commitments and financial provisions (1)) the Government of the Federal Republic of Germany accepts, in accordance with its budgetary requirements, to provide the financial resources to create, launch and WASCAL activities during the phase of implementation covering the period from 2011 to 2015.
In return, the West-African Contracting Parties undertake to provide annual financial contributions and/or in-kind annual contributions. They will provide a minimum contribution of 300,000 Euros in 2013, from 2014, the contribution to the operating costs of budget adopted will increase each year from 5 up to 2015 to build up reserves.
This contribution will be distributed equally between the African parties contracting.
The details of the commitment of each Contracting Party will be specified in a single statement of each Contracting Party.
b) training and research program will be funded by the Government of the Federal Republic of Germany, in accordance with its budgetary requirements, until 2015.
Details of implementation for each doctoral or masters will be settled by a bilateral agreement between each of the leaders, WASCAL and ZEF universities in accordance with the provisions relating to the creation of the "Programme of research training and of research" described in the "Plan of work and of WASCAL funding".
(c) the arrangements for the financing of the "Base research program" as well as among other responsibility must be adjusted separately this Cooperation Agreement by a grant agreement between the Government of the Federal Republic of Germany and a consortium of scientific institutions that will achieve this program.
(d) the details concerning the terms of the funds provided by the Government of the Federal Republic of Germany for the creation of the "Centre of Competence", in which inter alia the liability as well as funding conditions, must be set separately from the present Cooperation Agreement by a finance contract between the KFW, acting on behalf of the Federal Republic of Germany , and WASCAL, once the latter has acquired legal personality.
(e) each Contracting Party, accepting German funds through WASCAL, KFW or ZEF, guarantees in its functions and possibilities their correct use, and provides full support to the Government of the Federal Republic of Germany concerning the prosecution of embezzlement.
(2) each party will support WASCAL to mobilize resources such as grants, loans, bequests, donations and other contributions in kind or financial contributions from Governments and relevant international, regional or national institutions or other sources for attainment of the objectives of WASCAL.
(3) all direct financial contributions provided by the Contracting Parties and not subject to article 6 (l) of the present Cooperation Agreement will be administered by WASCAL and transferred by WASCAL beneficiaries in accordance with the financial regulations shall be adopted by the Council of Administration of WASCAL.
(4) during the period of funding the Board of Directors shall agree on German funding allocation guidelines. The Germany has a right of veto in the case of decisions or relevant part of decisions relating to the allocation of its grant, if it can demonstrate that its legitimate interests could be seriously affected by a decision of the Board of Directors of WASCAL.
(5) the properties, including the movable and immovable property, acquired by, or on behalf of WASCAL constitute the assets of the WASCAL, regardless of their location. The income and property of WASCAL will be invested solely for the promotion of its objectives.
(6) the African Contracting Parties undertake to give WASCAL a sustainable perspective.
(7) in the event that a Contracting Party would be defaulting in the payment of annual dues, in accordance with paragraph 2 above, that Contracting Party will automatically lose his right to vote in the Council of Ministers.
(8) no Contracting Party shall be liable due to its participation in WASCAL, for acts or obligations of WASCAL.
Section 7. -Membership (1) this Agreement shall remain open for accession by any Government that an invitation will be extended as a result of a unanimous decision of the Council of Ministers.
(2) the documents of accession shall be deposited with the ECOWAS Commission.
(3) Governments have signed and deposited the documents of accession, the present Cooperation Agreement shall enter into force thirty (30) days after the filing of the document stating their membership.
Section 8. -Settlement of disputes (l) in the event of disputes between the Contracting Parties as to the interpretation, application or implementation of this Cooperation Agreement, including its existence, validity or termination, an amicable settlement will be found through consultation and negotiation between the Contracting Parties concerned.
(2) where the above disputes could not be resolved amicably, any party may submit the dispute to the arbitration of the Court of Justice of ECOWAS.
(3) the provisions of paragraphs 1 and 2 of this article shall apply without prejudice to the choice of any other mode of regulation that the Contracting Parties concerned have jointly decided.
Article 9 -Entry into force, duration and termination (1) this Cooperation Agreement shall enter into force as soon as six Governments of the Contracting Parties have informed the Commission of ECOWAS that the national requirements for the entry into force of this Cooperation Agreement are met. The reference date will be the receipt by the Commission of ECOWAS of the sixth notification issued to this effect.
(2) the original of the present Cooperation Agreement text, written in English, french, and German, the three texts being equally authentic, shall be deposited with the ECOWAS Commission which will transmit a certified copy to any party contracting to the present Cooperation Agreement as well as to the Secretary-General of the United Nations for registration in accordance with article 102 of the Charter of the United Nations.
(3) this Cooperation Agreement remains in force and effect until such time as the Contracting Parties agree to a 3/4 majority to terminate. The termination of this agreement for Cooperation leads to the dissolution of WASCAL.
(4) a Contracting Party wishing to withdraw from this Cooperation Agreement may denounce it by giving notice to that effect to the ECOWAS Commission who will inform the Council of Ministers. The denunciation shall take effect six (6) months after its filing. This Cooperation Agreement will continue to remain in force for the other Contracting Parties.
(5) termination shall affect neither the rights granted to the Contracting Party which withdrew from the Cooperation Agreement or the obligations imposed on it before the date of the laying of the information, unless agreed otherwise between the Council of Ministers and the Contracting Party which denounces the agreement of Cooperation. This includes the obligation to provide all the information, pay the proportional contributions, and to make available all documents for the period of its participation and results.
Section 10. -Other provisions (1) the official languages of WASCAL are the English and the French. The activities of research and doctoral schools language will be English.
(2) Contracting Parties are not authorized to act or to make legally binding statements on behalf of any other Contracting Party.
(3) any amendment to the present agreement of Coope - ration must follow the same procedure as for its entry into force.
In witness of all that above, the undersigned, duly authorized, have signed the present Cooperation Agreement.
Done at Lomé, February 10, 2012 in English, french and German, the three texts being equally authentic, in a single copy which shall be deposited with the ECOWAS Commission.
For the Government of the Republic of Benin Prof. François Adebayo ABIOLA Minister of Higher Education and Scientific Research for the Government of Burkina Faso Prof. Albert Ohara Minister of Secondary and Higher Education for the Government of the Republic of Côte of ivory Prof. Abu KAKA Director of Cabinet, Ministry of Higher Education and Scientific Research for the Government of the Republic of the Gambia Dr. Mariama SARR CEESAY Minister of Higher Education , Research, Science and Technology for the Government of the Republic Federal of Germany Dr. Georg SHUTTE State Secretary of the Federal Ministry of Education and Research Joseph WEISS Ambassador of the Federal Republic of Germany for the Government of the Republic of Ghana Shery AYITTEY Minister of Environment, Science and Technology for the Government of the Republic of Mali Santos Ginette BELLEGARDE Minister of Higher Education and Scientific Research for the Government of the Republic of Niger Mamadou Youba DIALLO Minister of Higher Education and Scientific Research for the Government of the Federal Republic of Nigeria Hadiza Ibrahim MAILAFIA Minister of Environment for the Government of the Republic of Senegal Prof. Tahir DIOP Director of Research for the Government of the Togolese Republic François Agbeviade GALLEY Minister for Higher Education and research