THE SENATE OF THE ITALIAN REPUBLIC
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I hereby certify that on 1st August 2014 the 3rd Standing Committee (Foreign Affairs, Migration) passed the following government bill already adopted by the Senate and amended by the Chamber of Deputies:
General rules governing
international development cooperation
Chapter I
FUNDAMENTAL PRINCIPLES AND PURPOSES
Art. 1
(Subject and purposes)
1. International cooperation for sustainable development, human rights and peace, hereinafter referred to as “development cooperation” is an integral and significant part of the Italian foreign policy. It is inspired by the principles of both the UN Charter and the European Charter of Fundamental Rights. Its action, in compliance with the principle provided for in article 11 of the Constitution, contributes to the promotion of peace and justice, and aims to promote solidarity and equality-based relationships among peoples, based on principles such as interdependency and partnership.
2. Development cooperation, in recognising the centrality of human beings in their individual and community dimension, pursues – in compliance with the international programmes and strategies defined by the United Nations, international organisations and by the European Union – the fundamental objectives aimed to:
a) eradicate poverty and reduce inequalities, improve the living conditions of populations and promote sustainable development;
b) protect and uphold human rights, dignity of the individual, gender equality, equal opportunities, and democracy and rule of law principles;
c) prevent conflicts, support processes including peace-making, reconciliation, post-war stabilisation, consolidation and strengthening of democratic institutions.
3. Humanitarian aid is enforced according to the relevant principles of international law, particularly impartiality, neutrality and non-discrimination, and aims to provide support, assistance and protection to the populations of developing Countries, victims of disasters.
4. Italy promotes the education, awareness raising and participation of all citizens in international solidarity, international cooperation and sustainable development.
Art. 2
(Recipients and criteria)
1. The recipients of the Italian action in the framework of development cooperation include the populations, organisations and civil associations, the private sector, national institutions and local administrations of partner Countries, identified in line with the principles shared within the European Union and the international organisations that Italy is member of.
2. Italy endeavours to guarantee that its policies – although not directly regarding development cooperation – comply with the purposes and the principles inspiring this law, in order to ensure that they foster the achievement of development objectives.
3. In implementing the development cooperation initiatives, Italy ensures the compliance with:
a) the effectiveness principles agreed internationally, particularly those involving the full ownership of development processes by partner Countries, the alignment of interventions to the priorities set by said partner Countries, and the use of local systems, harmonisation and coordination between donors, results-based management and mutual responsibility;
b) the efficiency, transparency and cost-effectiveness principles, to be provided through the correct management of resources and the coordination of all the institutions that – for any reasons whatsoever – operate in the framework of development cooperation.
4. In the development cooperation activities, the use of goods and services produced in the Countries and in the areas in which interventions are provided is privileged, subject to European Union regulations and efficiency standards.
5. The allocations destined to development cooperation shall not be used – either directly or indirectly – for the financing or the deployment of military activities.
6. The Italian cooperation policy, by promoting local development, also through the role of migrant communities and their relations with the Countries of origin, contributes to migration policies shared with partner Countries, inspired to the protection of human rights and the compliance with European and international regulations.
Art. 3
(Ministry of Foreign Affairs and International Cooperation)
1. In article 2, paragraph 1, of legislative decree no. 300 of 30th July 1999, item 1) is replaced as follows:
«1) Ministry of Foreign Affairs and International Cooperation».
2. The name «Ministry of Foreign Affairs and International Cooperation» replaces, to all intents and purposes and wherever present, the name «Ministry of Foreign Affairs».
Chapter II
SCOPE
Art. 4
(Scope of public development cooperation)
1. The development cooperation activities devoted to the subjects as per article 2, paragraph 1, hereinafter referred to as “Official Development Assistance (ODA)” are aimed to support balanced development in the areas of intervention, through actions strengthening autonomous human and material resources, are divided into:
a) multilateral initiatives;
b) participation in European Union cooperation programmes;
c) donations as per article 7, in the framework of bilateral relations;
d) initiatives financed through concessional credits;
e) territorial partnership initiatives;
f) humanitarian emergency international interventions;
g) contributions to the civil society initiatives as per Chapter VI
Art. 5
(Multilateral initiatives)
1. ODA includes the Italian participation – including financial – in the activity of international organisations and in the capital of multilateral development funds and banks. The conditions for such participation shall allow the control of such initiatives, with due regard for the autonomy of the international organisations above.
2. Multilateral initiatives may be implemented – besides through the contributions to the budget of international organisations – also through the financing of both cooperation initiatives promoted and enforced by such organisations, and cooperation initiatives promoted by Italy, whose implementation is carried out by international organisations. In the latter case, contributions shall be regulated by a specific agreement defining the contents of the initiative, the relevant responsibilities and the procedures through which controls are performed.
3. Multilateral cooperation also includes the ODA initiatives agreed upon between the Italian Government and regional integration organisations and institutions.
4. The Minister of Foreign Affairs and International Cooperation is in charge of the relationships with international organisations and intergovernmental authorities dealing with development cooperation, and defines the overall amount of annual financing allocated to each of them. The Agency as per article 17 allocates the contributions under paragraph 2 of this article, subject to the approval of the Committee referred to in article 21.
5. The Minister of Economy and Finance, in agreement with the Minister of Foreign Affairs and International Cooperation, deals with the relations with banks and multilateral development funds, besides ensuring the financial participation in the resources of said organisations, in compliance with the purposes and the policies as per article 11, paragraphs 1 and 2, and article 12.
Art. 6
(Participation in European Union programmes)
1. Italy participates in the definition of EU development aid policy, contributes to the EU budget and funds, and harmonises its policies and programming with the European Union, therefore fostering the implementation of joint projects.
2. Italy also contributes to the implementation of European development aid programmes, by also participating in the indirect centralised management, generally through the Agency as per article 17.
3. On the basis of the policies contained in the three-year programming document as per article 12, the Minister of Foreign Affairs and International Cooperation is in charge of the relations with the European Union as concerns the European financial instruments for development aid.
4. On the basis of the policies contained in the three-year programming document as per article 12, the Minister of Foreign Affairs and International Cooperation is also in charge of the definition and implementation of the European Development Fund policies.
Art. 7
(Donations in the framework of bilateral relations)
1. ODA is implemented in the form of bilateral cooperation through projects, programmes and donations, either entirely or partly financed by State administration, public and local authorities. These initiatives, approved according to the procedures as per this law, are financed and implemented through the Agency under article 17. They shall meet specific requests by partner Countries, in line with the principles of full ownership of development processes by partner Countries and the involvement of local communities.
2. The initiatives as per paragraph 1 are implemented also through direct financial contributions to the budget of partner Countries. In order to ensure the quality of interventions and strengthen the responsibility of partner Countries according to the principles of aid effectiveness defined at European and international level, such budget support actions shall comply with the criteria relating to the preservation of macroeconomic stability of partner Countries, the transparency and reliability of their legislative and institutional framework, and entail procedures for controlling the correctness of the use of funds and the results obtained.
3. The Minister of Foreign Affairs and International Cooperation negotiates and signs the agreements regulating the initiatives as per this article, account being taken of the recognition and enhancement of the opinions of the civil society operating in the partner Countries in the field of personal services, in compliance with the subsidiarity principle.
Art. 8
(Cooperation initiatives with concessional credits)
1. The Minister of Economy and Finance, subject to a resolution of the Committee as per article 21, upon a proposal by the Minister of Foreign Affairs and International Cooperation, and according to the procedures provided for by this law, authorises the company Cassa Depositi e Prestiti Spa to grant – including in partnership with foreign banks and authorities – to States, central banks or public authorities of Countries as per article 2, paragraph 1, as well as to international financial organisations, concessional credits from extra-budgetary revolving fund established in compliance with article 26 of law no. 227 dated 24th May 1977.
2. Where required by the nature of development programmes, concessional credits may be allocated to the financing of local costs and to the purchase, in Third Countries, of goods, services and works falling within the initiatives as per this article.
Art. 9
(Territorial partnership)
1. The international relationships of the autonomous regions and provinces of Trento and Bolzano relating to development cooperation take place in compliance with the principles of this law or other related national legislations, besides in compliance with the exclusive state authority on foreign policy and international relations, as per article 117, second paragraph, letter a), of the Constitution. With a view to the adoption of the laws of the autonomous regions and provinces of Trento and Bolzano aimed to regulate international solidarity and cooperation initiatives according to their legislative power, the provisions of this law represent fundamental principles. The provisions of law no. 131 of 5th June 2003 remain in force.
2. The autonomous regions and provinces of Trento and Bolzano, as well as local authorities, may implement development cooperation initiatives, subject to the positive opinion of the joint Committee as per article 21, and in accordance with the provisions of paragraph 1 of this article, usually through the Agency referred to in article 17. Autonomous regions and provinces and local authorities notify in advance to the Minister of Foreign Affairs and International Cooperation and to the Agency as per article 17 the territorial partnership activities financed and planned, with a view to the enforcement of article 11, paragraphs 1 and 2, and to the inclusion of said activities in the database referred to in article 17, paragraph 9.
Art. 10
(Humanitarian emergency international interventions)
1. The humanitarian emergency international interventions falling within the framework of ODA are targeted to the rescue of and the support to populations, and to quickly restore the necessary conditions for recovering the development processes. These are decided by the Minister of Foreign Affairs and International Cooperation, and implemented by the Agency as per article 17, also through the subjects referred to in Chapter VI having a specific and proven experience in this area, by involving – insofar as possible – subjects operating locally for facing initial emergencies.
2. The Council of Ministers, upon proposal of the Minister of Foreign Affairs and International Cooperation, may entrust other administrations – including the Civil Protection Department within the Presidency of the Council of Ministers – with the aid operations in the framework of humanitarian emergency international interventions as per paragraph 1. Such administrations, to this end, act according to their operating and spending procedures, and organise the first aid interventions assigned by defining their type and duration, in agreement with the Ministry of Foreign Affairs and International Cooperation, and with the Agency provided for under article 17. The regulations in force on first aid operations abroad by the Civil Protection Department of the Presidency of the Council of Ministers – as per article 4 of Decree-Law no. 90 dated 31st May 2005, converted through subsequent amendments by law no. 152 of 26th July 2005 – continue to apply.
Chapter III
POLICIES, GOVERNANCE AND CONTROL OF DEVELOPMENT COOPERATION
Art. 11
(Powers of the Minister of Foreign Affairs and International Cooperation, and of the Vice-Minister of Development cooperation)
1. The political responsibility of development cooperation is awarded to the Minister of Foreign Affairs and International Cooperation, which defines its policies and ensures its coherence as well as the coordination of all the national cooperation initiatives in the framework of the decisions adopted by the Committee as per article 15.
2. The Minister of Foreign Affairs and International Cooperation is in charge of the control and supervision on the implementation of the development cooperation policy, as well as the political representation of Italy and of the European Union within international forums in charge of ODA matters.
3. The Minister of Foreign Affairs and International Cooperation, in compliance with article 10, paragraph 3, of law no. 400 of 23rd August 1988, as subsequently amended, grants to a Vice-Minister a delegation of powers in the area of development cooperation. According to the procedures as per article 10, paragraph 4, of the above-mentioned law, the Vice-Minister is invited to participate, without voting powers, in the meetings of the Council of Ministers in which topics are tackled that either directly or indirectly may impact on the coherence and efficacy of the development cooperation policies, as per article 2, paragraph 2, of this law.
Art. 12
(Three-year programming and policy document, and report on cooperation activities)
1. Upon proposal of the Minister of Foreign Affairs and International Cooperation, in agreement with the Ministry of Economy and Finance for the exercise of powers as per article 5, paragraph 5, the Council of Ministers adopts – within 31st March every year, and subject to the gathering of the opinions of Parliamentary Committees under article 13, paragraph 1, and upon approval by the Committee as per article 15 – the three-year programming and policy document of development cooperation.