ex United Nations Educational, Scientific and Cultural Organization Executive Board Hundred and seventy-second session Item 61 of the provisional agenda 172 EX/54 PARIS, 19 August 2005 Original: English/French PROPOSED ESTABLISHMENT OF THE REGIONAL WATER CENTRE FOR ARID AND SEMI-ARID ZONES OF LATIN AMERICA AND THE CARIBBEAN (CAZALAC) UNDER THE AUSPICES OF UNESCO, IN LA SERENA, CHILE SUMMARY In response to an initial proposal by the Government of Chile to establish a regional water centre for arid and semi-arid zones of Latin America and the Caribbean as a category II centre placed under the auspices of UNESCO on its territory, the 14th session of the Intergovernmental Council of the International Hydrological Programme (IHP) adopted Resolution XIV-5 in June 2000 welcoming the establishment of the centre and requesting UNESCO s assistance in preparing the necessary documentation to be submitted to UNESCO s governing bodies. A UNESCO mission was undertaken to Chile in January 2003 in order to assess the feasibility of establishing the proposed centre. The Republic of Chile submitted to UNESCO an official proposal for the establishment of the Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribeean (CAZALAC) in La Serena, Chile, under the auspices of UNESCO in July 2005. The present document consists of a report by the Director- General assessing the feasibility of the proposal, supplemented by Annexes containing Resolution XIV-5 of the Intergovernmental Council of IHP and the proposed draft agreement (original in French) between UNESCO and the Government of Chile concerning the proposed centre. This feasibility assessment has been done in conformity with 171 EX/Decision 23 of the Executive Board, which approved criteria for designating and engaging with institutes and centres under the auspices of UNESCO (category II). Decision proposed: paragraph 16.
INTRODUCTION 1. The Government of the Republic of Chile has proposed the establishment of the Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean (CAZALAC) as a category II centre under the auspices of UNESCO. This document outlines the background and nature of the proposal and the foreseeable consequences of the creation of this Centre, especially with regard to the benefits that the Centre will bring to Member States and the Centre s relevance to UNESCO s programmes. In accordance with the relevant resolution of the General Conference (21 C/Resolution 40) concerning the establishment of international or regional centres under the auspices of UNESCO and in conformity with the provisions of 171 EX/Decision 23, the views of, and a decision from, the Executive Board are sought that would allow the continuation of the process for the establishment of the Centre under the auspices of UNESCO. 2. Population increase and changes in the global climate are placing increasing pressure on water resources. This is particularly critical in arid and semi-arid areas of the world, where competing demands on this scarce resource are affecting the stability and progress of the populations that live in these areas. The unstable economic and/or political situation in many countries of Latin America and the Caribbean further compromises the sustainable management of natural resources. Consequently, there is a need to develop appropriate technologies and simple methodologies that can support decision-making in the region with regard to the use of natural resources, in particular water resources. 3. Improving freshwater management in urban and rural environments is currently seen with a sense of urgency, not only in the Millennium Development Goals but also from the recommendations of the World Summit for Sustainable Development in Johannesburg, South Africa in 2002 and the Third World Water Forum in Kyoto, Japan in 2003. In this context, the emphasis that has been placed on water and associated ecosystems since 2002 as a principal priority within UNESCO s Major Programme II (Natural Sciences) is of particular significance. 4. The strategic plan for the sixth phase of the International Hydrological Programme (IHP-VI: 2002-2007) approved by the General Conference at its 31st session has five major themes divided into 21 focal areas. Issues related to arid and semi-arid zones are relevant in most themes, but theme 3, Land habitat hydrology, includes a specific focal area on dry lands, where sustainable management of water resources in arid and semi-arid zones is the main objective. The documentation prepared during the initial stages of preparation of IHP-VII (2008-2013) also refers to the need to strengthen activities in areas with water stress. In addition, the activities of the drylands focal area of IHP-VI, as well as related activities in water resources management of arid zones, meets with many of the activities of the newly established IHP global network on water information and development in arid zones (G-WADI). 5. In 2000, Chile, with the support of IHP s National Committees and focal points for the countries of Latin America and the Caribbean, presented UNESCO with a proposal to create a water centre that would specialize in and lend support to the countries of the region in topics related to arid and semi-arid zones. 6. At the 14th session of the IHP Intergovernmental Council in June 2000, Resolution XV-5, Establishment in Chile of a Water Centre for Arid and Semi-Arid Regions of Latin America and the Caribbean was adopted, in which the Council welcomed the proposal to establish the centre, recognizing the importance of socio-economic development of arid and semi-arid regions of Latin America and the Caribbean. IHP National Committees were invited to lend active support to the proposed Centre.
page 2 7. In fulfilment of the actions called for by Resolution XIV-5, adopted at the 14th session of the IHP Intergovernmental Council, a UNESCO mission was undertaken to Chile in January 2003. The main findings were as follows: (c) (d) There was ample access to high-level authorities and institutions of Chile, such as the Ministry of Public Works, the Ministry of Foreign Affairs and Regional and City Government Institutions in La Serena. Support for the creation of the Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean under the auspices of UNESCO was evident by all the above-mentioned Ministries, as well as by others concerned such as the superintendent and the Regional Government of Coquimbo, the University of La Serena and other Chilean universities such as University of Talca and University of Chile. The Government of Chile has already carried out actions in support of the Centre and has expressed its support for the start-up period of the Centre. The Government of Chile had offered to cover the restoration costs for additional infrastructure necessary for the Centre. An Agreement for Cooperation between the Government of Chile and UNESCO for the establishment and launching of a Water Centre for the Arid and Semi-Arid Zones of Latin America and the Caribbean was signed in June 2002. This agreement provided the basis for the Plan of Operation for the execution of the funds provided through the UNESCO-Flanders Trust Fund for the Sciences to the Centre. In addition to this agreement, the Centre has already made concrete progress in establishing regional and international cooperation, such as signing agreements with the UFZ Centre for Environmental Research of Germany, Ben-Gurion University and the Institute for Water Science and Technologies in Israel, and other organizations of Latin America and the Caribbean region. The Flemish Government, in addition to providing financial support, is involving its scientists and academics through participation in research, courses and other activities carried out at the Centre. The discussions with the Chilean authorities resulted in a schedule of actions describing the manner and timing for the possible establishment of the Centre under the auspices of UNESCO, culminating in submission to the General Conference of UNESCO at its 33rd session in October 2005, with the formal establishment of the Centre under the auspices of UNESCO expected in 2006. 8. In July 2005, the Government of the Republic of Chile formally submitted to UNESCO a detailed proposal for the establishment of the Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean (CAZALAC) in Chile under the auspices of UNESCO, specifically within the category defined in document 21 C/36, section B(ii) [category II], International and regional centres set up by a State with UNESCO s participation and receiving assistance from it. CONSIDERATION OF THE FEASIBILITY OF THE PROPOSED CENTRE Overview of the proposal 9. The proposal made by the Government of the Republic of Chile has endeavoured to address in detail the requirements specified in document 21 C/36, Principles and Guidelines for the
page 3 Establishment of International and Regional Centres under UNESCO s Auspices as well as the criteria presented in document 171 EX/18. Among the most salient aspects are the following: Objectives: the objectives of the Centre are to: (i) implement studies and research related to water resources in arid and semi-arid areas in Latin American and Caribbean countries; (ii) disseminate results of the research undertaken through seminars, courses, conferences and periodic publications; (iii) serve as an extensive regional database (of hydrological data, state-of-the-art knowledge, list of scientists, etc.) in order to transfer knowledge and information to other countries and regions; (iv) facilitate the development of inter-institutional and multinational research and educational activities that support and contribute to the strengthening of the existing scientific and academic institutions of the region. Functions: the functions of the Centre emphasize the pursuit of sustainable development and integrated water resources management in arid and semi-arid zones through the development of scientific research, education, training and awareness-raising at all levels, the development of appropriate policies and practices, the networking of scientists in the region and the transfer of information and knowledge. (c) Structure and legal status: the Centre is conceived as an organization acting as coordinator/articulator for scientific and technological actions directed towards the sustainable management of water resources in arid, semi-arid and sub-humid zones in Latin America and the Caribbean. The Centre will be an independent legal entity (personería jurídica), which will allow it to formalize the financial, administrative and/or technical support provided by national and international institutions. The centre has been set up as a Corporación de Derecho Privado under Chilean law. Its new structure would be defined by the annexed agreement (Annex II) and would involve: (i) (ii) Governing Board: a body with membership comprised of representatives of the host country, of the Director-General of UNESCO, of other Member States worldwide making substantial contributions to the Centre, of IHP-LAC National Committees, and of international organizations. The Chair of the Governing Board will be the Minister of Public Works, Transport and Telecommunications (El Ministro de Obras Públicas, Transportes y Telecomunicaciones), or his/her representative. The Board will have all the powers required to run the Centre. Secretariat: a body in charge of executing the activities of the Centre under the authority of a Director appointed by the Chair of the Governing Board in agreement with the Director-General of UNESCO. (iii) The Centre shall enjoy, on the territory of the Republic of Chile, the personality and legal capacity necessary for the exercise of its function. (d) Financial matters: the Government of the Republic of Chile will cover the costs of the facilities, including equipment, utilities, communications, secretariat staff and maintenance of infrastructure, etc. Regarding research, training and publications, the Chilean Government considers that it will require the support of UNESCO-approved
page 4 relevant activities that could be implemented by the Centre, it being understood that UNESCO may only contribute financially to concrete activities/projects of the Centre if those are deemed in line with UNESCO s programme priorities. UNESCO will not, however, provide financial support for administrative or institutional purposes. Furthermore, the Centre may require the support of UNESCO in securing additional resources from UNESCO Member States and other regional and international organizations. In addition, it should be noted that the Flemish Government, through the UNESCO- Flanders Trust Fund for the Sciences, will make contributions to carry out various activities within the programme of the Centre. (e) Areas of cooperation with UNESCO: the proposal indicates the types of assistance required: (i) (ii) providing advice in the formulation of the short-, middle- and long-term programmes of the Centre; in conformity with the relevant policies of the Intergovernmental Council of IHP, assigning to the Centre the implementation of water-management-related activities in arid and semi-arid areas within the framework of its regular biennial budgets and programmes, particularly those appropriate to reinforce its start-up period; (iii) encouraging intergovernmental and non-governmental financial entities, as well as Member States of UNESCO, to provide financial and technical assistance and to propose appropriate projects to the Centre, and facilitating contacts with other international organizations relevant to the functions of the Centre; (iv) providing the Centre with IHP publications and other pertinent materials and disseminating information on the activities of the Centre via the IHP website, newsletters and other mechanisms at its disposal; (v) participating, when appropriate, in the scientific and training meetings held by the Centre. 10. Relationship between the activities of the Centre and UNESCO s objectives and programmes: UNESCO s involvement at the forefront of freshwater science, education and training for the benefit of Member States represents a long-term commitment. UNESCO has provided since 1975 the secretariat of IHP, which is the only water-related scientific and educational programme within the United Nations system. The General Conference at its 31st session adopted three main thrusts for the Medium- Term Strategy for 2002-2007. One thrust is particularly pertinent to the present proposal, namely the promotion of participation in the knowledge society through capacity-building and the sharing of knowledge. The strategic objectives adopted for the sciences stipulate improving human security by better management of the environment and social change and emphasize enhancing scientific, technical and human capacities. Furthermore, the General Conference endorsed as principal priority of the natural sciences programme for 2002-2007 water and associated ecosystems, which, among other objectives, pursues promoting capacity-building and scientifically sound policy decisions for sustainable use of fresh water and supporting ecosystems.
page 5 Moreover, the General Conference stressed the necessity of paying special attention to water resources management in arid and semi-arid zones at both the 31st and 32nd sessions of the General Conference. The creation of a regional centre focusing on arid and semi-arid zones in Chile thus complies with the objectives set and with the foreseen programmes of UNESCO in fresh water for the coming biennium and the medium term. 11. Regional or international impact of the Centre: Coverage: geographically, the activities of the Centre relate to all Latin American and Caribbean countries sharing concerns on water resources management in arid and semiarid climatic zones. Potential impact: currently, a regional training and scientific institution on water management in arid and semi-arid zones in Latin America and the Caribbean does not exist. The Centre is thus expected to contribute to enhance technical and scientific cooperation and knowledge transfer in related topics at both regional and international levels. The potential impact of the Centre on scientific and technical cooperation in the region and the world is thus significant. (c) Technical cooperation: technical cooperation with other established or proposed institutes and centres being part of UNESCO or placed under its auspices, including the UNESCO-IHE Institute for Water Education in Delft and the Regional Centre for Training and Water Studies of Arid and Semi-Arid Zones (RCTWS) in Egypt, among others, can procure the region with applicable knowledge of considerable value. Other relevant international and regional agencies and scientific NGOs can be linked to the Centre through UNESCO. Furthermore, the Centre has already undertaken steps to establish technical cooperation with institutions from Belgium, Germany, Israel and Mexico, as well as with other countries in the region. 12. Results expected from UNESCO s contribution: Role of the Centre in executing the Organization s programme: as pointed out in paragraphs 3, 4, 9, 10 and 11 of this document, the Centre fits well with UNESCO s objectives in general and the freshwater programme in particular. It can be an effective means of carrying out a great number of activities specified in the IHP-VI and planned for IHP-VII, particularly activities related to water issues in arid and semi-arid zones in developing countries. The interest of the Government of Chile and its commitment to support the Centre, both financially and logistically, as assessed by the UNESCO staff mission, provides a solid base for the launching of the Centre in Chile and an expectation that the activities assigned to it will be carried out successfully. The Centre will complement existing UNESCO-IHP regional centres, especially RCTWS in Egypt. Potential impact of UNESCO s contribution on the Centre s activities: the assistance of UNESCO is necessary to the Centre from a double standpoint: (i) UNESCO s catalytic function during the nascent period of the Centre by lending its technical and organizational expertise; (ii) UNESCO s role as a bridge to other countries, international organizations and relevant NGOs working on sustainable water resource management issues is essential for a successful exposure of the Centre. It is unlikely that another
page 6 international organization would be able to provide the range of support needed in order to maximize its viability: an international freshwater scientific programme with a widely existing network, norms and practical experience of the establishment of regional centres and the necessary moral authority and convening power to make a difference in the international scene. Likewise, there would be a net gain in visibility for UNESCO in the region with respect to sustainable water resource management using the ecohydrology approach. 13. Summary evaluation of the proposal submitted: (c) (d) (e) (f) From the previous paragraphs it is clear that the establishment of the Centre is fully in line with UNESCO s objectives and programmes and that the Centre would contribute to the execution of the freshwater programme of UNESCO, while UNESCO s aegis is necessary for the Centre s regional standing and development. The strong support shown by the Chilean Government for the creation of the Centre is a favourable precondition, as is the commitment by the Government to further support the Centre, both financially and logistically. Water resources management in arid and semi-arid zones was a special priority of IHP-V and has been recommended by the General Conference at its 31st session as a special feature of the principal priority of Major Programme II specified in documents 31 C/4 and 32 C/5 as water and associated ecosystems. Moreover, the sustainable management of water resources in arid and semi-arid zones was an important component of IHP-VI, and IHP-VII is expected to have a strong component dedicated to such zones. Furthermore, the Intergovernmental Council of IHP has supported the establishment of the Centre through the decisions of the 14th session of the IHP Council. The proposed institutional structure of the Centre is compatible with the guidelines of documents 21 C/36 and 171 EX/18. UNESCO-IHP expects to associate the Centre with some of the relevant activities of its programme for the biennium 2006-2007, achieving a double effect: supporting the startup period of the Centre while having the Centre contribute to the execution of IHP s biennial programme. The risks that UNESCO would incur in the establishment of the Centre would be low, due primarily to the strong support from the Government of the Republic of Chile in providing an appropriate infrastructure and funding for the Centre. The points cited above indicate that the viability of the proposed Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean in Chile under the auspices of UNESCO is high and that UNESCO s governing bodies should give it due consideration. 14. A draft agreement is attached (Annex II) that addresses the legal, managerial and administrative aspects of the proposed Centre. The draft agreement for the proposed Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean has been elaborated through a process of consultation between the Chilean authorities and the UNESCO Secretariat. 15. The Director-General welcomes the proposed establishment of the Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean in Chile. He recognizes that the
page 7 establishment of such a regional centre under the auspices of UNESCO could only be of benefit to UNESCO and Chile. Furthermore, it would be in line with the strategy for institutes and centres under the auspices of UNESCO (category II) adopted by the General Conference at its 21st session and as presented in document 171 EX/18, recently submitted to the Executive Board, which approved the criteria for their establishment (171 EX/Decision 23). DRAFT DECISION PROPOSED 16. In the light of the above report, the Executive Board may wish to consider a decision along the following lines: The Executive Board, 1. Recalling 21 C/Resolution 40.1 and 171 EX/Decision 23, 2. Further recalling Resolution XIV-5 adopted at the 14th session of the Intergovernmental Council of the International Hydrological Programme (IHP) in June 2000, 3. Having examined document 172 EX/54 and its Annexes, 4. Welcomes the proposal of the Government of Chile to establish the Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean under the auspices of UNESCO, which is in line with the principles and guidelines for institutes and centres under the auspices of UNESCO (category II) as outlined in document 171 EX/18 and approved by the Executive Board by 171 EX/Decision 23; 5. Recommends to the General Conference at its 33rd session that it approve the establishment of the Regional Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean in La Serena, Chile, as a centre under the auspices of UNESCO (category II), and authorize the Director-General to sign the Agreement presented in Annex II to document 172 EX/54.
Annex I ANNEX I IHP INTERGOVERNMENTAL COUNCIL RESOLUTION XIV-5 Establishment in Chile of a Water Centre for Arid and Semi-Arid Regions of Latin America and the Caribbean The Intergovernmental Council of the International Hydrological Programme of UNESCO Recognizing Noting Considering Also considering Welcomes Invites Also invites the importance of socio-economic development of arid and semi-arid regions of Latin America and the Caribbean, the project proposal submitted to the Flemish Government for funding support, that the establishment of the proposed Centre is an important contribution to achieve the goals of IHP-V and IHP-VI, that the proposed Centre aims to foster cooperation and facilitate communication between arid and semi-arid regions of Latin America and the Caribbean to face scarcity of water in the future and environmental problems in the 21st century, and to study the region s problems, the initiative of the Chilean Government to establish and provide financial support for the premises and operational costs for such a Centre in Chile, UNESCO to facilitate the development and establishment of the Centre, the IHP National Committees to support the establishment and functioning of the Centre.
Annex II ANNEX II DRAFT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHILE AND THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION CONCERNING THE ESTABLISHMENT AND OPERATION OF THE REGIONAL WATER CENTRE FOR ARID AND SEMI-ARID ZONES OF LATIN AMERICA AND THE CARIBBEAN (IN LA SERENA, CHILE) Preamble Bearing in mind the Constitution of the United Nations Educational, Scientific and Cultural Organization, adopted on 16 November 1945, and the Basic Agreement on Technical Assistance signed on 15 January 1957 between the United Nations, the International Labour Organization, the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization, the International Civil Aviation Organization, the World Health Organization, the International Telecommunication Union, the World Meteorological Organization and the Government of the Republic of Chile, Also bearing in mind the Cooperation Agreement between the Government of the Republic of Chile and the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the Establishment and Operation of the Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean signed on 18 June 2002, Considering that, as the situations relating to water resources in the region must be addressed globally on the basis of region-specific studies and contexts, the Government of Chile deems the existence of a regional water centre for arid and semi-arid zones necessary, and is particularly interested in the establishment of such a centre, Considering that the Government of the Republic of Chile has contributed and stands ready to contribute further to the establishment and operation of the Centre in its territory, Bearing in mind that the Government of the Republic of Chile has already taken effective steps to provide the necessary infrastructure and facilities for the Centre, Considering that the Director-General of UNESCO has been authorized by the General Conference of UNESCO to conclude with the Government of Chile an agreement in conformity with the draft which was submitted to the General Conference, Desirous of concluding an agreement with a view to ensuring the establishment and operation of the said Centre and of establishing the conditions that shall govern the assistance that it shall be granted,
Annex II page 2 The Government of Chile, hereinafter called the Government, and the United Nations Educational, Scientific and Cultural Organization, hereinafter called the Organization, Have agreed as follows: Article I Establishment The Government, in accordance with this Agreement, agrees to take any measures that may be required for the establishment in La Serena, Chile, of the Water Centre for Arid and Semi-Arid Zones of Latin America and the Caribbean, hereinafter called the Centre. Article II Participation 1. The Centre shall be an autonomous institution at the service of Member States of the Organization that, by their geographical proximity to the Centre and the nature of the problems relating to water resources in their arid and semi-arid zones, desire to cooperate with the Centre through their respective International Hydrological Programme (IHP) National Committees. 2. Member States of UNESCO wishing to participate in the Centre s activities, as provided for under this Agreement, shall send the Director-General of the Organization notification to this effect and designate the national water resources body that is to represent the Member State. The Director- General shall inform the Centre and the Member States mentioned in the previous paragraph of the receipt of such notifications. Article III Purpose of the Agreement The purpose of this Agreement is to define the terms and conditions governing cooperation between the Organization and the Government and also the rights and obligations stemming therefrom for the Parties. Article IV Legal personality The Centre shall enjoy on the territory of Chile the personality and legal capacity necessary for the exercise of its functions, in particular the capacity: to contract; to institute legal proceedings; to acquire and dispose of movable and immovable property. 1. The objectives of the Centre shall be to: Article V Objectives and functions produce and supply technical and scientific information on training and studies on the hydrology of the region s arid and semi-arid zones with a view to the design of sound
Annex II page 3 policies conducive to integrated and sustainable water resources management at local, national and regional levels; promote studies on water resources management issues in arid and semi-arid zones through regional cooperative arrangements that use and strengthen local capacities and reinforce them, and involve international bodies and networks, in particular those operating under UNESCO/IHP auspices; (c) conduct within the region effective training and capacity-building activities at institutional and professional levels, and awareness-raising activities targeted at various audiences, including the general public; (d) enhance cooperation with international bodies in order to advance knowledge in the field of water resources management in arid and semi-arid zones. 2. The functions of the Centre shall be to: promote scientific research on questions and problems in arid and semi-arid zones that are relevant to the management of the region s resources; create new networks and reinforce existing networks linking organizations and key personnel in the region and in other countries, with a view to the exchange of scientific, technical and policy-related information on water resources management in arid and semi-arid zones; (c) broaden and coordinate cooperative research activities and studies on the various aspects of water resources management in arid and semi-arid zones, taking advantage in particular of the region s own scientific and professional capacities and making use of the relevant IHP networks and non-governmental organizations specializing in this field; (d) organize knowledge and information transfer activities on the subject, by means of international training courses, symposia and workshops, and launch relevant awarenessraising activities; (e) draw up a wide-ranging programme based on information and communication technologies in order to promote the Centre s objectives; (f) (g) supply advisory and technical assistance services in the region and other countries, as required; issue technical publications and other media items on the Centre s activities. 3. The Centre shall pursue its objectives and perform the above-mentioned functions in close coordination with the Organization s programmes on water resources. 4. The Centre s capability to perform the above functions will depend on the extent to which international and regional support can be mobilized.
Annex II page 4 Article VI Governing Board 1. The Centre shall be administered by a Board of Governors composed of: (c) a representative of the Government; a representative of each of the Member States that (1) has sent to the Director-General of UNESCO notification, as provided for under Article II, paragraph 2, above and that (2) makes a substantial contribution to the annual budget or running of the Centre and is thus accorded a seat by a decision of the Governing Board of Management; a representative of the Director-General of UNESCO; (d) a representative of any other intergovernmental organization or international nongovernmental organization making a substantial contribution to the annual budget or running of the Centre and accorded a seat by a decision of the Governing Board. 2. The representative of the Government shall be the Minister of Public Works, Transport and Telecommunications of the Republic of Chile (El Ministro de Obras Públicas, Transportes y Telecomunicaciones), or any person designated by that Minister. The Government representative shall be ex officio Chairperson of the Governing Board. 3. The Governing Board shall have all the powers required for the running and administration of the Centre. It shall: (c) (d) (e) approve the annual plan and budget of the Centre; examine the annual reports submitted by the Director of the Centre, as provided for under Article VI below; study and approve the Centre s internal procedures, including financial regulations and staff rules; approve the Centre s regulations and staff list; and convene special consultative sessions to which it shall invite, in addition to its own members, the Director of the Centre and representatives of other interested countries and international organizations in order to draw up proposals to broaden the scope of the services provided by the Centre, carry out its projects and activities, expand the Centre s fundraising strategy and strengthen its capacities. 4. The Governing Board shall meet in ordinary session once a year. It shall meet in an extraordinary session if summoned by the Chairperson, either on his/her own initiative or on that of the Director-General of the Organization, or at the request of at least half of its members. 5. The Governing Board shall adopt its own rules of procedure. For its first meeting, the procedure shall be established by the representatives of the Government and of the Organization.
Annex II page 5 Article VII Executive Committee In order to ensure the effective running of the Centre between sessions, the Board of Governors may delegate to a Standing Executive Committee, whose membership it fixes, such powers as it deems necessary. Article VIII Secretariat 1. The Centre s Secretariat shall consist of a Director and such staff as is necessary for the proper functioning of the Centre. 2. The Director shall be appointed by the Chairperson of the Governing Board in consultation with the Director-General of the Organization. 3. The other members of the Secretariat may comprise: (c) members of the Organization s staff who may be made available to the Centre, as provided for by the Organization s regulations; any person appointed by the Director, in accordance with the procedures laid down by the Governing Board; government officials who may be made available to the Centre, as provided by the water authority s regulations. The main duties of the Director shall be to: Article IX Duties of the Director direct the work of the Centre in conformity with the programmes and directives established by the Governing Board; (c) (d) (e) propose the draft plan and budget to be submitted to the Governing Board for approval; draw up the provisional agenda for the sessions of the Governing Board and submit to it any proposals that he/she deems useful for the administration of the Centre; draw up reports on the Centre s activities for submission to the Governing Board; represent the Centre in law and in non-judicial situations. Article X Financial arrangements 1. The Centre s resources shall derive from funds allotted by the Government, from such contributions as it may receive from other Member States of the Organization, from the intergovernmental organizations or international non-governmental organizations mentioned in Article VI of this Agreement, and from payments for services rendered. 2. The Centre may receive gifts and legacies, with the approval of the Governing Board.
Annex II page 6 Article XI Contribution of the Government The Government shall take all necessary steps under its national legal system and make available to the Centre everything that may be required in order to provide suitable assistance, including facilities, support staff and any other logistical or institutional support or infrastructure that is not included in the Organization s contribution. Article XII Technical contribution of the Organization 1. The Organization will provide the technical assistance required to formulate the Centre s short-term, mid-term and long-term programmes. 2. In conformity with the relevant policies of the IHP Intergovernmental Council, the Organization may assign to the Centre the execution of agreed water-resources activities of relevance to the region within the framework of its regular biennial budget and programmes, particularly those appropriate to reinforce its start-up period. 3. The Organization will encourage international governmental and non-governmental financial entities, as well as Member States of the Organization, to provide financial and technical assistance and to propose appropriate projects to the Centre and will facilitate contacts with other international organizations relevant to the functions of the Centre. 4. The Organization will provide the Centre with IHP publications and other pertinent material, and will disseminate information on the activities of the Centre through the IHP website, newsletters and other mechanisms at its disposal. 5. The Organization will participate, when appropriate, in scientific, technical and training meetings held by the Centre. Article XIII Other conditions 1. Assistance by the Organization shall not preclude the Government from receiving additional assistance from other United Nations agencies or Member States of the Organization, whether under unilateral action or bilateral agreements with the Government, or from private foundations. 2. The Government shall inform and consult the Organization regarding assistance described in the preceding paragraph. Article XIV Privileges and immunities 1. The Government shall apply to the Organization, its property, funds and assets, and to its officials and experts and other persons providing services on its behalf, the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947 and Annex IV thereto, it being understood in particular that no restrictions shall be placed on officials, experts and other persons performing services on the Organization s behalf in relation to this Agreement, with regard to their right to enter, reside in and leave the country, without distinction as to nationality. The Centre, its property, funds and assets shall have the same privileges and immunities. The Centre s officials, who are not nationals of Chile and designated as such by the Governing Board, shall also enjoy the same privileges and immunities.
Annex II page 7 2. The technical assistance provided under the terms of this Agreement concerns the people and Government of Chile who benefit from it; consequently the Government shall undertake to assume full responsibility and to protect the Organization, its experts, staff members and officials from any claims by a third party concerning activities carried out in the exercise of their technical duties relating to this Agreement. It is understood that claims arising from wilful misconduct or gross negligence on the part of the Organization s experts, staff members or officials do not fall within the scope of the Government s responsibility. Article XV Responsibility As the Centre is legally separate from the Organization, the latter shall not be legally responsible for it and shall bear no liabilities of any kind, be they financial or otherwise, with the exception of the provisions expressly laid down in this Agreement. Article XVI Evaluation 1. The Organization may, at any time, carry out an evaluation of the activities of the Centre in order to check: whether the Centre makes an important contribution to the strategic goals of the Organization; whether the activities effectively pursued by the Centre are in conformity with those set out in this Agreement. 2. The Organization shall agree to submit to the Government, at the earliest opportunity, a report on any evaluation. 3. The Organization shall reserve the option to denounce this Agreement or amend its contents, following the results of an evaluation. Article XVII Use of UNESCO name and logo 1. The Centre may mention its affiliation with the Organization. It may therefore use after its title the mention under the auspices of UNESCO. 2. The Centre is authorized to use the Organization s logo or a version thereof on its letterheaded paper and documents in accordance with the conditions established by the governing bodies of the Organization. Article XVIII Final clauses 1. This Agreement come enter into force sixty (60) days after the date on which the Government informs the Director-General of the Organization, in writing, that the Agreement has been approved in accordance with its national legal system. This Agreement shall be concluded for a period of five (5) years and shall be renewed by tacit agreement from one five-year period to the next, unless one of the Parties notifies the other, 90 days prior to the expiry of the current period of validity, of its decision to denounce the Agreement.
Annex II page 8 2. Notwithstanding the above, both the Organization and the Government may terminate this Agreement upon written notice to the other Party, in which case the Agreement shall end ninety (90) days after the date of receipt of such a notification. Nevertheless, the denunciation shall not affect the obligations established under this Agreement and entered into by the Parties which have not been fulfilled on the date of notification mentioned above. 3. This Agreement may be revised if the Parties so agree, and the modifications that are approved shall enter into force in the same manner as that provided for in the preceding paragraph. 4. Any dispute arising between the Parties concerning the interpretation or application of this Agreement shall be settled by direct negotiation between the Parties. 5. The obligations entered into by the Organization and the Government under this Agreement shall be respected beyond the term of the Agreement inasmuch as required by the commitments made with respect to the withdrawal of the Organization s personnel, funds and property and the settlement of accounts between the Parties to this Agreement. Done at Paris on. 2005, in two original copies, one in the authentic French version and one in Spanish. For the United Nations Educational, Scientific and Cultural Organization For the Government of Chile...