(Consolidated text as per joint meeting of 19/8/99)
Agreement between the Sudan Relief and Rehabilitation Association
Agreement for Coordination of Humanitarian, Relief and
Rehabilitation Activities in the SPLM Administered Areas
Between the Sudan Relief and Rehabilitation Association hereinafter referred to as SRRA and
..hereinafter referred to as the NGO
Whereas Underdevelopment natural calamities and the civil ware in the Sudan have caused massive suffering to the civil population, destroyed the infrastructure, disrupted development and education thereby creating a need for urgent and sustained humanitarian relief, rehabilitation and reconstruction in SPLM administered areas a compelling cause.
Whereas the SRRA is committed to rancor humanitarian relief, rehabilitation and reconstruction in SPLM administered areas without discrimination on the basis of nationality, gender, belief, political affiliation or opinion and
Whereas the parties are committed to use their effort to the best of their abilities to implement the obligations hereunder taken in this Agreement in accordance with SRRA humanitarian-(rejected)objectives and international humanitarian principles;
IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE 1: Title and commencement
- This Agreement may be cited as the "Agreement for Coordination of Humanitarian Relief and Rehabilitation Activities in SPLM Administered Areas" and shall come into effect on the date of signature.
ARTICLE 2: Terms, words, phrases and definitions
- In this Agreement, unless the context requires otherwise, the following terms, words and phrases shall have the following meanings assigned to them.
"Project" means a humanitarian relief, rehabilitation, socio-economic project development by the NGO, in co-ordination with SRRA and implemented by the NGO alone or in partnership with SRRA or a local organization or group or the local community.
"Area" means all of the areas under SPLM administration.
"Counterpart" means the community group local authority or SRRA responsible for the technical implementation of the project.
"Counterpart Staff" means staff employed by the Counterpart and seconded, by agreement of the SRRA and the NGO, to the Project for Implementation. While on secondment, remuneration of the seconded staff will be the responsibility of the NGO.
"NGO" means the organization entering into this Agreement with the SRRA for the Implementation of the Project in SPLM administered areas be it international of indigenous.
"Agency Assets" means those assets listed in the Project Agreement which remain the effective property of the agency. All assets already in the field prior to the signing of this Agreement, and not already addressed in a preexisting agreement, will be considered as Agency Assets and will be treated according to Article 4.1 below.
"Project Assets" are those which are for direct use by project beneficiaries or are integral to the running and sustainability of the project.
"Project Interruption" means any temporary interruption of any specific or all the Projects being carried out by the NGO for reasons beyond its control including the temporary withdrawal of expatriate personnel.
"Project Termination" means final termination of any specific project or all the projects being carried out by the NGO.
"Mediation Panel" means a body of three prominent persons, one appointed by each of the parties to the dispute with the third, who will be the chairperson, to be mutually agreed between the parties to the dispute.
"Project Agreement" means a written agreement entered into by the NGO and the SRRA spelling out the nature of the project, how it will be implemented and specifying the inputs both in terms of staff, finance materials and the output in terms of its results.
ARTICLE 3: Procedure
- Any NGO wishing to work in co-ordination with SRRA in humanitarian efforts for the benefit of civil population in SPLM administered areas shall develop a project in accordance with the following procedures:
3.1(a) First the NGO shall contact SRRA Head Office to declare its intention and the nature of work.
3.1(b) Upon positive response from SRRA Head Office, the NGO concerned shall first conduct a field survey and/or assessment in co-ordination with the SRRA. Identification of needs, available local resources, external inputs, human resource requirements and methods of implementation shall be discussed in the field with local partners, competent local authorities and the beneficiaries.
3.1(c) The NGO shall thereafter develop and write-up a Draft Proposal in collaboration with relevant sectoral department(s) prior to technical appraisal.
3.1(d) When the NGO, local authorities and sectoral department(s) are satisfied with the proposal, the same shall then be presented to SRRA Technical Advisor and/or Project Officer for technical appraisal.
3.1(e) Upon submission of the report on technical appraisal and recommendation by Technical Advisor and/or Project Officer, the SRRA Head Office may proceed to take decision on the Project Proposal within 30 days.
3.1(f) Subsequent Project process shall, where possible, be started in the field.
3.1(g) NGOs already operational in the field may begin the process of Project development by collecting information from the field.
- Notwithstanding the provision under Article 3.1 above, the procedures for emergency relief may proceed to ensure immediate and timely response.
- The project proposal shall contain a detailed description of the project in terms of: objectives, strategies, time frame, number and qualification of proposed staff including expatriates required, counterpart staff, the inputs to be provided by the NGO including a detailed list of project assets and budgetary provisions- (salaries?).
ARTICLE 4: Project Agreement and Implementation
- All assets shall be listed and categorized in the Project Agreement as Project Assets or Agency Assets. All assets, including Agency Assets and Project Assets specified in the Project Agreement shall be disposed of at the end of this project life in accordance with donor conditionalities; which shall be made known to the SRRA at the beginning of every Project and without prejudice to the Ground Rules.
- Once the Project Proposal is approved by SRRA Head Office and without prejudice to the right of the NGO to make necessary alteration and/or adjustment(s) as experience and better understanding during implementation may dictate, the parties shall enter into a Project Agreement which shall form an annex to this Agreement.
- Upon signature of the Project Agreement the NGO or the local partner shall without unjustified delay implement the project and provide its expense for the necessary staff, project Assets and supplies.
- The project may be implemented in partnership with SRRA county secretaries, civil administration, community leaders, women groups, indigenous NGOs and/or local partners involved in or affected by the project.
- The SRRA may support the NGO in its endeavor to raise funds for the project. The county secretary may permit documentation of the needs of the civil population, the process of project implementation and new project proposal by means of photographic, video and/or other form of documentation, inclusive documentation by radio/TV stations provided that such documentation shall not compromise public security.
- NGOs and other humanitarian organizations are encouraged to employ more Sudanese staff in the Area. Whenever the NGO wishes to employ a Sudanese staff, the NGO will do so in close cooperation with the SRRA under a transparent procedure. The selection of the staff should only be based on specific merits and qualifications needed for the vacant position and on professional and programme/project requirements. Clearance for the employment of Sudanese staff can only be withheld by SRRA for security reasons or reasons adverse to public interest and such reasons, shall be formally conveyed to the NGO on a confidential basis.
- The NGO may provide assistance to SRRA staff involved in the implementation of its project(s). It may also allow the same staff to use its communication and/or transportation facilities in relation to the implementation of the project and/or for security issues related to the NGO, its staff and/or project itself. The NGO may also endeavor to make available its knowledge, experience and resources to the local counterpart, especially in an emergency or disaster situation.
ARTICLE 5: The NGO obligations
- The NGO and its staff shall respect and uphold generally recognized laws and in particular pay attention not to offend the traditions, religious values, customary laws, cultural practices of the local population and shall refrain from all acts and/or omissions which may cause disaffection or misunderstanding between them and the local people.
- The NGO and its personnel shall abide by any security instructions which the local authorities (SRRA/County Commissioner SPLA/Commander) may issue or advise as the general security situation may demand. Such instructions may be issued in writing. Nothing under this Article shall require the NGO or its personnel to violate its humanitarian neutrality.
- The NGO shall provide the SRRA with an annual work-plan, budget summary and shall inform it also of any substantial changes in the work-plan, budgetary provisions and/or funding difficulties during the course of the year.
- The NGO shall provide the SRRA Head Office with progress reports which shall include:
- A minimum of semi-annual narrative reports for emergency programmes or projects of less than one year.
- A minimum of an annual narrative report for programmes/projects whose life covers a period of one year or more.
- (Annual financial statement or )audit report prepared or commissioned by the NGO.
- A list of all Sudanese staff employed by the NGO in SPLM administered areas.
- The NGO shall operate freely subject to provisions of Article 5.2 above to rent facilities, hire staff and conduct activities related to the implementation of the project in SPLM administered areas.
- The NGO undertakes to provide humanitarian assistance to the civil population, undertakes to operate in rehabilitation process and/or reconstruction in war affected areas, all without discrimination on the basis of race, gender, religious belief or creed, political affiliation or society as per preamble.
- The work of the NGO is strictly humanitarian and as such neutral in political sphere.
- The NGO and its expatriate staff shall not engage in any non-project related trade or commercial activity in the SPLM administered areas.
5.9 The NGO shall obtain approval from the competent authority through the SRRA to hod any public gatherings.
5.10 Any means of transport used by the NGO shall not be used to transport into the SPLM administered areas any non-NGO persons not having appropriate travel documents.
- The NGO shall only employ appropriate, qualified, technically competent and experienced staff for the relevant position.
ARTICLE 6: The SRRA Obligations
- The SRRA may assure safety, security and/or protection of the NGO personnel, their families and the approved visitors within the SPLM administered areas.
- The SRRA may facilitate evacuation of the NGO personnel, their families, visitors and property in the event of insecurity to safe zones within SPLM administered areas or to a neighboring country.
- In the event of any dispute or misunderstanding arising between the NGO and the local civil authorities or the local people, SRRA shall intervene with a view to resolving such dispute or misunderstanding. In the event of a failure to find a solution, the SRRA Executive Director shall refer the dispute to the Mediation Panel.
- Expatriate NGO personnel shall enjoy full protection and equitable treatment in accordance with generally recognized laws and international humanitarian law.
- The SRRA may facilitate access to land and/or buildings for the NGO for the purpose of project implementation.
- The SRRA shall provide in collaboration with the relevant authority, written travel or work permits (as the case may be,) for any approved expatriate NGO personnel, (or otherwise).
- The SRRA shall facilitate access to project area or potential areas of need for purposes of assessment, conducting of survey, monitoring and/or general operations by the NGO.
- The SRRA shall guarantee the NGO freedom from all forms of taxes.
- The SRRA shall facilitate in co-ordination with relevant authorities:
6.9(a) While it is agreed that NGO funds, expatriate staff salaries and all humanitarian supplies and services are exempt from all forms of taxation, the principle of the payment of a reasonable fee for a service has been agreed to between the Parties. The amount of any fee agreed to must be commensurate with the level and value of the service being proceeded. Fees for Services must be standardized and agreed in advance in writing at the Nairobi level between the Executive Director of the SRRA, or his/her designate, and the Head of the NGO, or his/her designate. The agreed fees for service must indicate the amount to be paid and the specific location and office within the SPLM administered areas at which the fee will be paid.
6.9(b) Any fees for the maintenance of a register of NGO vehicles, equipment: such as radio communication sets, telephones, faxes and professional staff must be agreed in accordance with Article 6.10(a) above.
6.9(c) Counseling to the NGO regarding laws relating to or affecting NGO operations.
6.9(d) Airstrip maintenance fees for aircraft owned or chartered by the NGO subject to payment of prescribed fees, provided that fees for airstrip maintenance for the aircraft owned by NGOs shall be waived in airstrips not being maintained by the SRRA/local authorities.
6.9(e) SRRA shall give approval for the radio operators who are to be employed by the NGOs provided that NGOs that do not need to employ radio operators may be monitored at specific times and on specific frequencies agreed upon between the SRRA/local authorities and the NGOs.
- SRRA may participate in assessments and/or evaluation of the NGOs projects or programmes.
ARTICLE 7: Withdrawal and/or Expulsion of NGO and NGO personnel
- The SRRA Executive Director reserves the right to write to the NGO requesting the withdrawal of any of its personnel for reason he shall provide, in case the NGO is not satisfied or is aggrieved by the decision to withdraw the personnel in question, it shall request the Executive /Director to review his/her original decision. In doing so, the Executive Director will consult with the head of the NGO involved or others in an attempt to resolve the matter by agreement. If the matter cannot be resolved by agreement, the matter will be referred to the Mediation Panel for final resolution.
- A counter-part staff seconded to an NGO supported project may be withdrawn by SRRA or the local authority with one months prior notice to the NGO.
ARTICLE 8: Mediation and Resolution of Dispute
- If any dispute arises between the SRRA and the NGO or the NGO staff or between the NGO and the local counter-part or between the NGO and the local authorities and/or local people of the area where the NGO operates, or if the dispute is due to an act or omission by the NGO staff which may threaten security in SPLM administered areas, efforts shall be exerted to resolve the dispute amicably within the local area concerned but on failure of such local efforts the dispute shall be referred to the Executive Director of the SRRA for his consideration.
- Any dispute referred in accordance with provisions of Article 8.1 above may be solved between the Executive Director and the head of the NGO concerned, and if that fails to find an acceptable solution, the same shall be referred further to Mediation Panel.
- If the SRRA Executive Director takes cognizance of an NGO or NGO staffs behavior or omission which is likely to lead to his/her/its declaration as persona non grata and hence subject to expulsion from the area concerned or from the SPLM administered areas in general, the Executive Director may first write to the head of the NGO concerned, notwithstanding lack of action or complaint by the local authorities in the area concerned, bringing the complaint or the matter to his/her/its attention.
ARTICLE 9: Interruption of the Project
- Where there are circumstances compelling any of the parties to seek interruption of the project, the party seeking interruption shall notify the other in writing, giving reason(s) for interruption. The parties to this Agreement shall try their utmost efforts to resolve the causes amicably.
- The Executive Director of SRRA may order interruption of the NGO Project in the event of imminent insecurity and the NGO shall proceed to withdraw staff and interrupt project implementation forthwith. In this event the NGO may move the project assets to safe zone(s) within SPLM administered area or to a neighboring country provided that such assets shall be returned to the project site as soon as the insecurity has ended.
- The NGO may request interruption of the project for health reasons due to an epidemic outbreak. In this event the local partner or the civil authority or the SRRA may continue to implement the project.
- In the event of the local partner, civil authority, or SRRA taking over the project with the aim to continue its implementation, the project assets and supplies will be recorded in writing and stored and shall only be used for the continuation of implementation of the project as described in the Project Agreement.
ARTICLE 10: Remuneration and Rejection Counter-Part Staff
- Any person(s) employed as a counter-part staff by the NGO shall be paid pecuniary incentive(s) as shall be determined by SRRA Head Office and the NGO.
- In the event that a seconded counter-part proves incompetent or unsuitable for the job, he/she shall be sent back to his/her original department provided that a prior notice of one month stating the reasons for the decision had been given.
- Any seconded counter-part staff sent away in accordance to provisions under Article 10.2 above shall be paid one months incentive equal to the amount he would have earned if he had continued as before.
- Counter-part staff seconded to the NGO Project may be withdrawn by SRRA provided one month prior notice had been given.
ARTICLE 11: Effective Date, Duration, Renewal and Termination
11.1 This Agreement shall come into force upon signature by the NGO representative and the Sudan Relief and Rehabilitation Association.
- The Agreement shall remain in force for three (3) calendar years calculated from the time of its signature, or for the duration of the project if the project is less than three years duration.
- This Agreement may be renewed by mutual consent of the two parties made in writing within three months prior to the expiry date.
- Either Party may terminate this Agreement upon three (3) months written notice to the other Party.
- In the event of fighting and/or insecurity, the NGO may suspend performance of its obligations under this Agreement with or without prior notice to the SRRA Head Office, to the extent and in such time as the NGO may deem necessary to ensure the safety of its personnel and property.
ARTICLE 12: Miscellaneous Provisions
- In the process of selection and designation of operational and project areas, the SRRA may give due consideration to area(s) of greater need and the NGKs field of competence.
- If any matter arises for which no provision is made in this Agreement, the same may be settled amicably by the parties in keeping with the spirit and letter of this Agreement. Failure to do so the matter may be referred to the Mediation Panel in accordance to Article 8 of this Agreement.
- If a document or constitution of the NGO is in a language other than the English language, an authenticated translation into the English language shall be provided and the English text shall prevail in the event of a contradiction.
- Neither Party to this Agreement shall claim payment or other forms of compensation for any accidental injury or damage from the other Party. In case of negligence the level and form of compensation will be determined between the Parties. Where the Parties cannot agree, the matter will be determined in accordance with Article 8 of this Agreement.
- This Agreement is between the SRRA and individual NGOs and does not negate, suspend or supercede any other agreements between the SPLM or SRRA and other parties, such as the Tripartite Agreements between the SPLM, the United Nations and the Government of Sudan, or the SPLM-OLS Ground Rules Agreement between the SPLM and UNICEF/OLS.
For Sudan Relief and NGO:
Rehabilitation Association (Name of NGO)
Cc: All Governors
Secretary for Finance
Secretary for Commerce and Trade
SRRA Liaison Offices
SRRA County Secretaries