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RS 974.0 Federal Act of 19 March 1976 on development cooperation and international humanitarian aid

Original Language Title: RS 974.0 Loi fédérale du 19 mars 1976 sur la coopération au développement et l’aide humanitaire internationales

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974.0

Federal Law on Development Cooperation and International Humanitarian Assistance

19 March 1976 (State 1 Er June 2007)

The Swiss Federal Assembly,

Having regard to art. 8, 85, c. 5 and 6 and 102, c. 8 and 9 of the Constitution 1 , 2 Having regard to the message of the Federal Council of 19 March 1973 3 And its report of January 22, 1975 4 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose

The Confederation is taking measures for development cooperation and international humanitarian aid.

Art. 2 Principles

1 International development cooperation and humanitarian aid express solidarity among the principles governing Switzerland's relations with the international community and respond to the situation of interdependence that Exists between the various parts of the world. They are based on mutual respect for the rights and interests of the partners.

2 The measures taken under this Law shall take into account the situation of the partner countries and the needs of the populations to which they are intended.

3 The benefits of the Confederation are granted in the form of grants or concessio conditions. They generally complement the efforts undertaken by the partners themselves.

Art. 3 Modalities

1 Measures taken under this Law may be carried out either bilaterally or multilaterally, or, where appropriate, independently.

2 On the bilateral level, they are carried out directly by interested governments or through public or private bodies.

3 At the multilateral level, they are carried out through international institutions.

4 The autonomous measures were carried out unilaterally by the Confederation.

Art. 4 Coordination

The Confederation shall coordinate its own measures with the efforts of the partners and, as far as possible, with benefits from other national or international sources, for the same purpose.

Chapter 2 Development cooperation

Art. 5 Goals

1 Development cooperation supports the efforts of developing countries to improve the living conditions of their populations. It must help to put these countries in a position to ensure their development by their own forces. It is, in the long term, moving towards a better balance within the international community.

2 It gives priority to the efforts of the most disadvantaged developing countries, regions and population groups. In particular, it encourages:

A.
Rural development;
B.
Food improvement, in particular by food crops for local consumption;
C.
The promotion of crafts and small local industry;
D.
Job creation;
E.
Research and maintenance of an ecological and demographic balance.
Art. 6 Forms

1 Development cooperation can take the following forms:

A.
Technical cooperation, which, through the provision of knowledge and experience, seeks in particular to promote the development of man and to give him the opportunity to participate actively in the economic, social and cultural development of society at Which it belongs to;
B.
Financial assistance which, in particular, contributes to the development of the economic and social infrastructure of the countries to which it is intended;
C.
Trade policy measures aimed in particular at ensuring better participation of developing countries in world trade, so that they can derive more substantial benefits;
D.
Measures to encourage the commitment of private sector resources, such as investments, to promote development within the meaning of art. 5;
E.
Any other form that is capable of achieving the purposes referred to in s. 5.

2 Various forms of development cooperation can be combined, including technical cooperation and financial assistance for the implementation of development programmes and projects.

Chapter 3 Humanitarian aid

Art. 7 Goals

Humanitarian aid is intended to contribute, through prevention or relief measures, to the protection of human life when it is threatened, as well as to the relief of suffering; it is intended, in particular, for the victims of a Natural disaster or armed conflict.

Art. 8 Forms

1 Humanitarian aid can take the following forms:

A.
Benefits in kind, including the provision of foodstuffs;
B.
Cash contributions;
C.
Provision of specialist and rescue teams, particularly in the event of a disaster;
D.
Any other form that is capable of achieving the purposes referred to in s. 7.

2 When this seems appropriate, different forms of humanitarian aid are combined.

Chapter 4 Financing

Art.

1 The resources necessary for the financing of development cooperation and international humanitarian assistance are allocated in the form of programme credits open for several years.

2 Credit requests will take into account the economic situation in Switzerland, the state of federal finances and the needs of the disadvantaged Swiss regions.

3 The Federal Council ensures the efficient allocation of resources. He reports to the Federal Chambers when he proposes the opening of a new program credit.

Chapter 5 Implementation

Art. 10 International Agreements

In the case of the use of programme credits, the Federal Council may conclude international agreements concerning the measures provided for by this Law, with the exception of agreements defined in Art. 89, para. 4, of the Constitution 1 .


1 [RS 1 3]. At disp. (para. 4 of the primary version had already become par. 3) is currently the art. 141 al. 1 let. D of the Cst. Of 18 Apr. 1999 (RS 101 ).

Art. 11 Private activities

1 The Federal Council may, within the framework of the means at its disposal, support activities of private institutions that meet the aims set out in this Law. These institutions must contribute to it through adequate benefits.

2 It may constitute legal persons or associate the Confederation with legal persons in order to attain the aims set out in this Law. 1


1 Introduced by Art. 21 hp. 3 of the LF of 24 March 2006 on cooperation with the States of Eastern Europe, in force since 1 Er June 2007 ( RO 2007 2387 ; FF 2004 1803 ).

Art. 12 Townships, municipalities and public institutions

The Federal Council can collaborate with cantons, municipalities and public institutions in activities that are part of international development cooperation and humanitarian aid and support their initiatives.

Art. 13 Federal Government

The Federal Council is responsible for coordination within the federal administration on development cooperation and international humanitarian assistance. It establishes an interdepartmental committee.

Art. 13 A 1 Data processing

1 The competent administrative unit may, in particular, deal with natural or legal persons responsible for implementing measures or affected by measures taken under this Act, the following data:

A.
Surname, given name and date of birth;
B.
Place of origin, nationality, passport number;
C.
Confession;
D.
Marital status;
E.
AVS number;
F.
Information on the professional and military course;
G.
Personality profiles;
H.
Political and union activities;
I.
Indications on health.

2 Health indications may be transmitted to the medical service of the Confederation or to the Swiss National Insurance Fund in the event of accidents (CNA) if they are required to carry out their legal duties.


1 Introduced by ch. 1 of the annex to the PMQ of 24 March 2000 on the processing of personal data in the DFAE ( RO 2000 1915 ; FF 1999 8381 ). New content according to Art. 21 hp. 3 of the LF of 24 March 2006 on cooperation with the States of Eastern Europe, in force since 1 Er June 2007 (RO 2007 2387; FF 2004 1803).

Art. 14 Advisory Body

1 The Federal Council appoints a Consultative Commission on International Cooperation 1 .

2 This committee shall decide in particular on the aims and the order of priority of the measures provided for. It examines, together with the Trade Policy Advisory Commission, the issues which also affect Switzerland's external economic policy.


1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).

Chapter 6 Final provisions

Art. 15 Executing

The Federal Council shall issue the implementing provisions.

Art. 16 Repeal of prior right

Federal Decree of 20 December 1962 on the conclusion of technical and scientific cooperation agreements with developing countries 1 Is repealed.


1 [RO 1963 367]

Art. 17 Referendum and entry into force

1 This Law shall be subject to the optional referendum.

2 The Federal Council shall fix the date of its entry into force.


Date of entry into force: 1 Er July 1977 5


RO 1975 498


1 [RS 1 3]. At disp. Are currently art. 54, 166, 173, para. 1, let. A, 184 and 185, para. 1 of the cst. On 18 Apr. 1999 (RS 101 ).
2 New content according to the c. 1 of the annex to the PMQ of 24 March 2000 on the processing of personal data in the DFAE, in force since 1 Er Seven. 2000 ( RO 2000 1915 ; FF 1999 8381 ).
3 FF 1973 I 835
4 FF 1975 I 490
5 ACF of 29 June 1977


State 1 Er June 2007