Agreement establishing the African Training and Research centre in Administration for Development CAFRAD

Transcription

1 African Training and Research Centre in Administration for Development المرآز الا فريقي للتدريب و البحث الا داري للا نماء Centre Africain de Formation et de Recherche Administratives pour le Développement Agreement establishing the African Training and Research centre in Administration for Development CAFRAD Version originale: Anglais Bd. Mohammed V, Pavillon International P.O. Box 310, Tangier, Morocco Tel: (212) Fax: (212) cafrad@cafrad.org Web Site: Bd. Mohammed V, Pavillon International B.P. 310 Tanger, Maroc

2 AGREEMENT ESTABLISHING THE AFRICAN TRAINING AND RESEARCH CENTRE IN ADMINISTRATION FOR DEVELOPMENT (CAFRAD) PREAMBLE THE CONTRACTING PARTIES, In view of the initiative of His Majesty the King of Morocco to create an Institute for African Administrative Training and Research, In view of the resolution presented by the Moroccan Government, supported nine African countries (Algeria, Cameroun, Gabon, Guinea, Mali, Senegal, Sudan, Tunisia and Egypt) and unanimously adopted at the 12 th session of the UNESCO General Conference, authorizing UNESCO to co-operate in the establishment of the African Training and Research Centre in Administration for Development in Tangier, In view of the agreement of 13 th Government and UNESCO, May 1964 between the Moroccan Considering that the aims of CAFRAD are to contribute to the study (and to the solution) of administrative problems inherent in the economic and social development in Africa, Considering that the African States recognize the necessity of adapting their administrative structures not only to development requirements but also to their own special needs which may arise as a result of their recent accession to independence, Convinced that the consolidation of a regional centre corresponding to these objectives is likely to make an essential contribution to the promotion of scientific cooperation in Africa. AGREE AS FOLLOWS: African Training and Research Centre in Administration for Development - CAFRAD 1

3 PART I GENERAL PROVISIONS Article 1 : The contracting parties shall establish between them an international organization of a scientific nature entitled : African Training and Research Centre in Administration for Development (CAFRAD). Article 2 : Established in the context of inter-african co-operation, CAFRAD is subject to international public law and to all regulations prepared in application of such law and of the provisions of the present convention. CAFRAD has legal status. Article 3 : This present agreement is intended for the signature and the adoption of all African States. Requests for membership should be addressed to the Chairman of the Governing Board. The admission of a new member shall be obtained by the vote of a two-third majority of the Member States of CAFRAD. Article 4 : The headquarters of CAFRAD is settled in Tangier (Kingdom of Morocco). Article 5 : CAFRAD s mission is : 1. To undertake, promote and co-ordinate comparative studies and research on administrative problems connected with social and economic development in Africa; 2. To organize scientific meetings, seminars and in-service training courses for high-ranking officials from the public, para-public and private sectors in African countries who play a significant role in development; 3. To constitute a network for the recruitment and the utilization of African consultants and experts, so as to respond to the different specific needs of African countries; 4. To compile, analyze and disseminate documentation on the structure, organization and administrative methods of the different African countries; 5. To publish appropriate material; 6. To act as host and as a scientific liaison body for the particular benefit of Institutions and Schools of Administration, Universities and, more generally any other agencies whose activities come within the scope of the competence of the Centre. African Training and Research Centre in Administration for Development - CAFRAD 2

4 PART II ORGANIZATION OF CAFRAD Article 6 : CAFRAD s organs are : 1. The Governing Board; 2. The Executive Committee; 3. The Directorate General; 4. The Scientific Council. Article 7 : Composition, Observer Status, Powers. 1. Composition: SECTION I THE GOVERNING BOARD a) The Governing Board consists of Ministers in charge of Training and Research in Public Administration in each Member State or their representatives. b) The Secretariat of the Governing Board is ensured by the Directorate General of CAFRAD. 2. Observer Status: a) Non-member African States, non-african States and Organizations for co-operation may be admitted as observers; b) The Governing Board elects its Chairman and two Vice-Chairmen from among the members of the Executive Committee for a term of office of two consecutive years; they are eligible for re-election once only; 3. Powers: a) The Governing Board holds an ordinary meeting once a year, and may hold an extraordinary meeting at the request of a majority of its members, or at the joint request of the Chairman of the Governing Board and the Director-General. b) The quorum shall be equal to half the number of the Member States of CAFRAD, plus one. However any State which does not pay its contributions over three years and does not participate in the proceedings for two years running, shall not count for the quorum. African Training and Research Centre in Administration for Development - CAFRAD 3

5 c) Furthermore, the Governing Board can with a decision stating its reasons, deprive this member of his right to vote until he shall have put his situation to rights. However, a third of the members of CAFRAD must be present so that the deliberations of the Governing Board can be considered valid. d) The Governing Board is fully empowered to ensure the operation of CAFRAD, to draft the main outlines of its programme, to prepare its budget, and to make and maintain contacts with other organizations. e) It approves the Rules of Procedures, the Staff Regulations and the Financial Regulations. f) It elects the Director-General. It also nominates the Directors of Technical Units, the Finance Controller, together with the members of the Scientific Council upon the proposition of the Executive Committee. g) In the period between meetings, research personnel and other members of the scientific staff are appointed by the Director-General after the agreement of the Executive Committee. Such appointments can only be made for one year. They are subject to confirmation by the Governing Board during its next meeting; when they can be extended. h) It ratifies agreements concluded by CAFRAD. 4. The Governing Board regulates its own procedure. The decisions of the Governing Board are made by the majority of members present and voting, with reservation as stipulated in the provisions of Article 28 on amendments. Where there is an equality of votes, the Chairman has a casting vote. Article 8 : SECTION II THE EXECUTIVE COMMITTEE Besides its attributions provided for in Article 7.3 (e) of the present agreement, the Executive Committee shall prepare the meetings of the Governing Board; it shall appoint the scientific personnel other than the Directors; it shall evaluate and supervise the activities of CAFRAD s Directorate General. Article 9 : The Executive Committee shall be composed of representatives of each of the following sub-regions : North Africa, West Africa, Central Africa, East Africa, and Southern Africa. The representation of each sub-region shall be constituted according to the following quotas : African Training and Research Centre in Administration for Development - CAFRAD 4

6 One representative for each sub-region which includes at least three Member States. Two representatives for each sub-region which includes at least ten Member States. Article 10 : The tenure of the members of the Executive Committee shall extend for two years and the rotation of the representatives of each sub-region shall be effectuated in alphabetical order within the same. Article 11 : The Chairmanship of the Executive Committee shall be filled by the Chairman of the Governing Board or one of the two Vice-Chairmen. However, the country to which the Chairman or the Vice-Chairmen of the Governing Board belong cannot participate in the work of the Executive Committee expect in its capacity as representative of the countries of its sub-region. Article 12 : SECTION III THE DIRECTORATE GENERAL The Directorate General constitutes an executive organ in the deliberations of the Governing Board. Answerable to the Director-General, the Directorate General includes : 1 The Directorate of Research, Training and Consultancy. 2 The Directorate of Documentation and Publications. 3 The Directorate of Administration and Finance. 4 Finance Control. The internal organization of each Directorate shall be defined by the Executive Committee following the proposals of the Director-General. Article 13 : The Director-General : 1 The Director-General shall be elected for a term of office of four years, renewable only once. 2 a) The Director-General shall be directly answerable to the Governing Board, for the proper running of CAFRAD. b) He is responsible in conformity with the guidelines laid down by the Governing Board, for the conduct of activities of the Directorate General. African Training and Research Centre in Administration for Development - CAFRAD 5

7 c) He has under his auspices the Scientific Council whose missions and constituents shall be defined by the Governing Board. d) He shall mobilise CAFRAD s financial assistance. e) He is the principal Authorizing Officer of CAFRAD s Budget. 3. In the case of absence or of hindrance, the interim of the Director-General shall be assumed by the Director of Research, Training and Consultancy who will function as Acting Director-General. Article 14 : The Director of Research, Training and Consultancy Answerable to the Director-General, the Director of Research, Training and Consultancy shall be responsible for managing Staff-Development, Research and Consultancy Programmes adopted by the Governing Board. Article 15 : The Director of Documentation and Publications Answerable to the Director-General, the Director of Documentation and Publications is responsible for the gathering, the publication and the diffusion of research works, according to the programme laid down by the Governing Board. Article 16 : The Director of Administration and Finance Answerable to the Director-General, the Director of Administration and Finance is responsible for administrative, financial and juridical questions, the management of CAFRAD s personnel, and of its moveable or fixed properties. Article 17 : The Finance Controller Answerable to the Chairman of the Governing Board, the Finance Controller shall be placed in the Directorate General. He shall be responsible for controlling the execution of CAFRAD s budget and shall give an account annually to the Governing Board of the Director-General s management. Article 18 : The Directors of the Technical Divisions and the Finance Controller shall be appointed for a period of five years non-renewable. SECTION IV African Training and Research Centre in Administration for Development - CAFRAD 6

8 Article 19 : THE SCIENTIFIC COUNCIL Composition The Scientific Council includes not fewer than three and not more than five members appointed by the Governing Board upon the proposition of the Executive Committee from among specialists who are not members of the staff of the Centre and who are recognized as being competent in the field of public administration in Africa. They are appointed for four years, half of the appointments to be renewed every two years. They may be reappointed once only. Article 20 : The Scientific Council meets once a year under the chairmanship of the Director- General of the Centre. The Director of Research, Training and Consultancy, together with other members of the scientific staff of the Centre invited by the Director- General, participate in its activities. Article 21 : The Scientific Council considers the draft scientific programme of CAFRAD before its submission by the Director-General to the Governing Board. It studies conditions for carrying out the programme and establishes a work plan, and in a more general way deals with any other measures likely to enable CAFRAD to operate satisfactorily on the scientific side. Article 22 : PART III FINANCIAL PROVISIONS Apart from the employment of international procedures provided for under the United Nations Development Programme, the resources of CAFRAD are made up of annual contributions from Member States, and these amounts are fixed by the Governing Board. Article 23 : The Governing Board may accept any other contributions, gifts and legacies from governments, from public or private institutions and from private individuals. Article 24 : The scale of contributions referred in Article 22 above is fixed by the financial protocol annexed to the agreement and forms as integral part of it. Any change in this procedures has to be approved by a two-third majority of the members of the Governing Board present and voting. African Training and Research Centre in Administration for Development - CAFRAD 7

9 Article 25 : PART IV FINAL PROVISIONS Relations with International Governmental Organizations CAFRAD will conclude a suitable agreement for co-operation with UNESCO and may be party to any agreement for co-operation with international governmental organizations, and more especially with the United Nations organization, with a view to providing a means of close and effective collaboration between itself and these organizations, particularly where help with research, the exchange of documentation and information, and the granting of reciprocal facilities are concerned. Article 26 : Legal Status and Immunities While on the territory of any State party to this agreement, CAFRAD enjoys the legal status necessary for carrying out its functions and attaining its objectives. The Government of Morocco will grant CAFRAD the privileges and immunities accorded to international intergovernmental bodies, similar to those provided for by the Convention on the privileges and immunities of specialized institutions adopted by the General Assembly of the United Nations on 21 November 1947, as well as all other advantages granted by the laws of that country to agencies pursuing cultural aims, in conformity with the agreement which will be concluded to this effect between the Government of Morocco and CAFRAD. Article 27 : Withdrawal by Member States Any party to the present agreement may withdraw from it at any time after a period of five years from the date of entry into force of the agreement. Such withdrawal shall take effect at the end of the financial year following that in which the Chairman of the Governing Board receives notification of it. This notification will be communicated by him to all Member States and to the Director-General of CAFRAD. Article 28 : Amendments After the expiration of a period of five years from the date of its entry into force, the present agreement may be amended by the Governing Board upon the proposition of the Executive Committee. The amendment will be made by a two-third majority of its members present and voting. African Training and Research Centre in Administration for Development - CAFRAD 8

10 Article 29 : Reservations to the Agreement No state may put forward any reservations to the present agreement. Article 30 : 1. The present agreement enters into force when Morocco and at least provisions, seven other States have become parties to it in conformity with Article 3 of the present agreement. 2. On the date of entry into force of the present agreement, the assets of the Centre, established by the Agreement of 13 th May 1964, are transferred as of right to CAFRAD. 3. The Director-General of UNESCO will inform the States party to the present agreement, as well as the United Nations organization of its entry into force. 4. In conformity with Article 102 of the United Nations Charter, the present agreement will be registered, at the request of the Director-General of UNESCO, with the Secretariat of the United Nations. 5. In witness whereof, the undersigned representatives, duly authorized by their respective governments, have singed the present agreement. Initial Text made at Tangier, 18 th December 1967, in the Arabic, French and English languages, the three texts being equally authentic, in a singly copy which will be deposited in the UNESCO archives. Certified copies will be sent to all States mentioned in Article 3 above, and to the United Nations. First Amendment made at Tangier, 22 nd November 1985, by the Governing Board at its Extraordinary meeting. African Training and Research Centre in Administration for Development - CAFRAD 9

11 CATEGORY I = 1 FINANCIAL PROTOCOL Scale of annual contributions to the Budget of CAFRAD Benin, Burkina Faso, Burundi, Cap Verde, Central African Republic, Chad, Comores, Congo (Brazzaville), Djibouti, Ethiopia, Equatorial Guinea, Gabon, Gambia, Guinea, Guinea Bissau, Liberia, Madagascar, Mali, Mauritania, Namibia, Niger, Rwanda, Sao Tome & Principe, Sierra Leone, Somalia, Swaziland, Togo. CATEGORY II = 2 Angola, Cameroun, Senegal, Tanzania, Tunisia, Uganda. CATEGORY III = 3 Côte d Ivoire, Ghana, Sudan, Democratic Republic of Congo. CATEGORY IV = 4 Algeria, Egypt, Libya, Morocco (host country), Nigeria, South Africa. =:=:=:=:=:=:=:=:=:= African Training and Research Centre in Administration for Development - CAFRAD 10