EXPOSE OF REASONS

Climate change has a negative impact on the economy in general and on key sectors such as agriculture, in particular, because of the impact they may have on the land.

To address such a worrying peril as ten (10) West African States and the Federal Republic of Germany adopted, on 10 February 2012, in Lomé, Togo, an Agreement establishing the West African Research and Development Centre Scientific Services on Climate Change and Land Use, in English "WASCAL".

Its headquarters in Accra, Ghana, is to significantly improve the infrastructure, research capacity and scientific databases for assessing climate change and its impact on society, and Socio-ecological systems.

WASCAL also aims to develop solutions that will enable the resilience of human and environmental systems to be strengthened through the adaptation of land use.

In order to achieve its objectives, WASCAL plans to set up various work instruments including a Training and Research Programme to build capacity with existing universities (Ecoles Doctoral), a Research Programme Jointly led by researchers and scientists from West Africa and Germany and a Competence Centre that will have its headquarters in Ouagadougou, Burkina Faso.

These working instruments will be financially supported by the Federal Republic of Germany for the period 2011-2015 and the contributions of the other Member States.

The Agreement establishing the Centre shall enter into force once six (6) States have fulfilled the relevant national requirements.

The establishment of the Centre is a positive step in the search for solutions to climate problems and the rational and sustainable use of land.

Senegal, by ratifying this Agreement, reinforces its agricultural and environmental development policy.

This is the economy of this Act.

The National Assembly adopted, at its meeting on Friday, 24 January 2014;
The President of the Republic enacts the following legislation:

Sole Article. -The President of the Republic is authorized to ratify the Cooperation Agreement establishing the West African Centre for Research and Scientific Services on Climate Change and Adapted Land Use (WASCAL). February 2012, in Lomé, Togo.

This Law shall be enforced as the law of the State.

Done at Dakar, February 03, 2014

Macky SALL.

By the President of the Republic:

The Prime Minister,
Aminata TOUR

COOPERATION AGREEMENT FOR THE ESTABLISHMENT OF THE OUEST-AFRICAN CENTRE FOR RESEARCH AND SCIENTIFIC SERVICES ON CLIMATE CHANGE AND ADAPTATE USE OF LAND (in English " WASCAL ")

The Contracting Parties

Recognizing the importance of improving understanding of the impacts of climate change in West Africa and the need to address such changes through appropriate land use to promote economic development Of these countries;

In view of the need for a joint effort by West African countries to improve the prediction of the impact of climate change on the economic development of the region and the means to provide empirical evidence to decision-makers on the Land use policies that will help address these effects and thereby encourage, promote and undertake research at the regional and national levels;

Considering that these objectives can be better achieved through research, capacity-building and knowledge exchange;
In order to specify in respect of WASCAL the relations between the Contracting Parties, in particular as regards the organization of work between Contracting Parties, WASCAL governance and the rights and obligations of the Parties Contracting Parties, as well as the financing conditions and the material or intangible commitments of the Contracting Parties;

Having the desire to create the " West African Research and Scientific Services Centre on Climate Change and Appropriate Land Use " (hereinafter referred to " WASCAL ");
Agree and decide on the following

Article 1. - Definitions

For the purpose of implementing this Cooperation Agreement on the West African Centre for Scientific Research and Services on Climate Change and Adaptive Land Use (Cooperation Agreement), the following definitions shall apply: Deductions:

" Contribution in kind " Means contributions other than cash but which have a pecuniary value, for example, provision of infrastructure, staff etc.
" Region " Means the territories of the Contracting Parties of West Africa.
" ZEF " Refers to the Development Research Centre of the University of Bonn, Germany.

Article 2. -Objectives of the cooperation

1. The Contracting Parties shall endeavour to establish an International Research Centre known as "The West African Centre for Research and Scientific Services on Climate Change and Adaptive Land Use" WASCAL ". While recognising this general objective of the Cooperation Agreement, the objectives of WASCAL are:

(a) substantially improve infrastructure and
Research capacity, regional scientific databases and cooperation in West Africa in order to assess climate change and its impact on society and socio-ecological systems;

(b) explore scientific scenarios and options to improve the resilience of human and environmental systems in the context of climate change, in particular through adaptation in the area of use of Land;

(c) to strengthen the capacity of policy-makers to explore, introduce and expand sound land use systems adapted to the conditions prevailing in West African countries and to promote the implementation of Policies and measures that ensure the provision of essential eco-systemic services while supporting the livelihoods of local communities;

(d) provide and maintain appropriate regional infrastructure to conduct research and capacity-building on climate change and land use;

(e) encourage, coordinate and undertake, where necessary, capacity-building as well as basic and applied research programmes in the scientific, technical, economic and sociological fields, recognizing that the Research must remain relevant and responsive to the needs of West African countries in their efforts to adapt to climate change;

(f) To collect, analyse and disseminate data and information on applied methodologies, lessons learned and results, including best practices within and outside West Africa, on climate change And the proper use of land in the region.

2. Details on the implementation of the above objectives will be described in a " WASCAL Work and Financing Plan " Which will be adopted by the appropriate WASCAL organs.

Article 3. -Structure, Legal Status and Headquarters of WASCAL

1. WASCAL will consist of:

(a) " Training and Research Program " With regional nodes of excellence for capacity-building (doctoral schools) established with existing universities in West African member states and focusing on priority areas of research in an approach Interdisciplinary;

(b) " Basic Search Program " Conducted jointly by researchers and scientists from West Africa and Germany;

(c) " Competence Centre " Which will house scientific, administrative and support staff and researchers on mission. The Competence Centre will also house data collection, data processing and data access infrastructures, enable evaluation, data interpretation and script analysis, and organise training and training cycles. Outreach activities to reach interested target groups in the region, and will lead an international effort to collect data.

2. As regards the legal existence of WASCAL, it will be established as an inter-national organization subject to public international law.

3. WASCAL has its headquarters in Accra, Ghana. The seat of the " Competence Centre " Is in Ouagadougou, Burkina Faso. WASCAL will sign a headquarters agreement with the countries of its headquarters in order to benefit from customs immunities and exemptions mandated by national tax legislation and other areas of executive power, which may be necessary For the proper functioning of the attractions that are conferred on WASCAL by its statutes, or by virtue of decisions taken in that capacity by the appropriate bodies of WASCAL.

4. In case of force majeure in the country of the seat, the seat of WASCAL may be transferred by a decision of 2/3 of the eligible votes of the Council of Ministers in favour of the motion for the transfer of the seat in another member state of West Africa.

Article 4. -Governance Structure

1. All matters relating to this Cooperation Agreement shall be dealt with by the Council of Ministers.

2. The WASCAL governance rules and procedures will be resolved according to the WASCAL statuses.

Article 5. -Benefits of WASCAL for Contracting Parties

1. All infrastructures constructed and assets acquired by WASCAL shall be accessible to all Contracting Parties in a fair manner in accordance with the provisions of this Cooperation Agreement. Each Contracting Party may in particular:

(a) participate in " Basic Search Program " And benefit from the programme led by a consortium of researchers from West Africa and an equivalent consortium of German researchers;

(b) participate in " Training and Research Program " With doctoral schools in the designated countries;

(c) have equal access to " Competence Centre " and benefit from the Centre and its functions;

(d) participate in the international effort for data collection in accordance with and benefit from the state of the art; as described in detail in the "WASCAL Work and Financing Plan".

(2) WASCAL will take action to improve infrastructure and research capacity on climate change in West Africa to generate knowledge and develop analytical capacity in the region in order to Resolve current and future land management problems caused by climate change and weather conditions.

(3) WASCAL will assist policy makers in the design and implementation of resilient and adaptive land use systems and will develop measures to conserve or restore functional ecosystems that support Sustainable human development, while preserving natural resources for future generations.

(4) WASCAL will make available to the West African research community the expertise available in Germany on climate change and land-based management through partnerships, and will strengthen capacity in Region to assess the impact of land management policies affecting well-being and living conditions in West Africa.

(5) Given that WASCAL must also have access to essential regional data and information in order to be able to perform its functions, each Party shall facilitate the collection, exchange and dissemination of information, and submit Reports and data which are reasonably required by the competent bodies of WASCAL to carry out its tasks, and take appropriate measures to ensure the accuracy of any information or material it provides to other Parties Contracting. Details of this aspect will be addressed in the WASCAL statuses.

(6) While taking into account possible concerns regarding the confidentiality of data and information, a policy of non-disclosure will be adopted under the WASCAL statutes.

Article 6. -Commitments and financial arrangements

(1) (a) The Government of the Federal Republic of Germany agrees, in accordance with its budgetary requirements, to provide the financial means to create, launch and carry out the activities of WASCAL during the implementation phase covering the period of 2011 to 2015.

In return, the West African Contracting Parties undertake to provide annual financial contributions and/or annual contributions in kind. They will provide a minimum contribution of 300,000 Euros in 2013, as from 2014, the contribution to the operating costs of the adopted budget will increase every year from 5 until 2015 to constitute reserves.
This contribution will be shared equally between the African contracting parties.

The details of the commitment of each Contracting Party shall be specified in an individual declaration by each Contracting Party.

(b) The Training and Research Programme will be funded by the Government of the Federal Republic of Germany, in accordance with its budgetary requirements, until 2015.

The details concerning the setting up of each doctoral or master's school will be settled by a bilateral memorandum of understanding between each of the leading universities, WASCAL and ZEF in accordance with the provisions concerning the creation of the "Training and Research Research Program" described in the " WASCAL Work and Financing Plan ".

(c) The terms and conditions for the financing of the Basic Research Programme and, inter alia, the liability must be dealt with separately from this Cooperation Agreement by a grant agreement between the Government of the Federal Republic Germany and a consortium of scientific institutions that will have to carry out this programme.

(d) Details of the terms and conditions of the funds provided by the Government of the Federal Republic of Germany for the establishment of the "Competence Centre", as regards, inter alia, liability and financing conditions, Shall be settled separately from this Cooperation Agreement by a financing contract between KFW, acting on behalf of the Federal Republic of Germany, and WASCAL, once the latter has acquired legal personality.

(e) Each Contracting Party, by accepting German funds through WASCAL, KFW or ZEF, shall guarantee in its powers and possibilities their proper use, and shall provide full support to the Government of the Federal Republic In Germany concerning the prosecution of embezzlement.

(2) Each Party shall support WASCAL to mobilize additional resources such as grants, loans, bequests, gifts and other in-kind contributions or financial contributions from governments and organizations or International, regional or national institutions and other sources for the continuation of WASCAL objectives.

(3) All direct financial contributions provided by the Contracting Parties and not subject to Article 6 (l) of this Cooperation Agreement shall be administered by WASCAL and transferred by WASCAL to the beneficiaries in accordance with Financial regulations to be adopted by the WASCAL Board of Directors.

(4) During its funding period, the Governing Council will have to agree on guidelines for the allocation of German funding. Germany shall exercise a veto in the case of decisions or relevant part of decisions concerning the allocation of its grant, if it can demonstrate that its own legitimate interests could be seriously affected by a decision of the Council For WASCAL administration.

(5) Property, including movable and immovable property, acquired by or on behalf of WASCAL is the asset of WASCAL, regardless of location. WASCAL's revenues and assets will be invested solely in 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 fails to pay its annual dues in accordance with paragraph 2 above, that Contracting Party shall automatically lose its right to vote in the Council of Ministers.

(8) No Contracting Party shall be liable, by reason of its participation in WASCAL, for acts or obligations of WASCAL.

Article 7. -Accession

(1) This Agreement shall remain open for accession by any Government to which an invitation has been addressed following a unanimous decision of the Council of Ministers.

(2) The membership documents shall be deposited with the ECOWAS Commission.

(3) For Governments that have signed and deposited the documents of accession, this Cooperation Agreement shall enter into force thirty (30) days after the date of the deposit of the document referring to their accession.

Article 8. -Settlement of disputes

(l) In the event of disputes between the Contracting Parties concerning the interpretation, application or implementation of this Cooperation Agreement, including its existence, validity or termination, an amicable settlement shall be found by Consultation and negotiation between the Contracting Parties concerned.

(2) In the event that the above disputes cannot be resolved amicably, any Party may refer the dispute to arbitration by the ECOWAS Court of Justice.

(3) The provisions of paragraphs 1 and 2 of this Article shall be without prejudice to the choice of any other means of settlement which the Contracting Parties concerned would 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 ECOWAS Commission that the national requirements for the entry into force of this Cooperation Agreement are fulfilled. The reference date shall be the date of receipt by the ECOWAS Commission of the sixth notification issued to that effect.

(2) The original text of this Cooperation Agreement, written in English, French and German, all three texts being equally authentic, shall be deposited with the ECOWAS Commission, which shall transmit a certified copy to all Parties To the present Cooperation Agreement and 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 shall remain in force and effect until such time as the Contracting Parties agree to a majority of the 3/4 of the residue. Termination of this Cooperation Agreement shall result in the dissolution of WASCAL.

(4) A Contracting Party which wishes to withdraw from this Cooperation Agreement may denounce it by giving notice to that effect to the ECOWAS Commission which shall inform the Council of Ministers. Such 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) Denunciation shall not affect the rights granted to the Contracting Party which withdraw from the Cooperation Agreement or the obligations imposed on it before the date of the filing of its denunciation, unless otherwise agreed by the Council of Ministers and the Contracting Party which denounces the Cooperation Agreement. This includes the obligation of the latter to provide all information, to pay the proportional contributions, and to make available all the results and documents for the period of its participation.

Article 10. -Other provisions

(1) The official languages of WASCAL are English and French. The language of research activities and doctoral schools will be English.

(2) Contracting Parties shall not be entitled to act or make legally binding declarations on behalf of any other Contracting Party.

(3) Any amendment to this Cooperation Agreement shall follow the same procedure as for its entry into force.

In Foi of All of the foregoing, the undersigned, duly authorized, have signed this Cooperation Agreement.

Done at Lomé on 10 February 2012 in English, French and German, the three texts being equally authentic, in a single copy which will be deposited with the ECOWAS Commission.

For the Government of the Republic of Benin
Prof. François Adebayo ABIOLA
Minister of Higher Education
Scientific Research

For the Government of Burkina Faso
Prof. Albert OUEDRAGO
Minister of Secondary and Higher Education

For the Government of the Republic
From Côte d' Ivoire
Prof. Abu KARAMOKO
Director of Cabinet, Ministry of
Higher Education and Scientific Research

For the Government of the Republic
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
Education and Research

Joseph WEISS
Ambassador of the Federal Republic
Of Germany
For the Government of the Republic
Ghana
Shery AYITTEY
Minister of Environment, Science and Technology

For the Government of the Republic of Mali
Siby Ginette BELLEGARDE
Minister of Higher Education and Scientific
Research

For the Government of the Republic of Niger
Mamadou Youba DIALLO
Minister of Higher Education
Scientific Research

For the Government of the Republic
Federal of Nigeria
Hadiza Ibrahim MAILAFIA
Minister of Environment
For the Government of the Republic
Senegal
Prof. Tahir DIOP
Director of Research

For the Government of the Togolese Republic
François Agbévié GALLEY
Minister for Higher Education and Research