Draft Guidelines Governing Relations Between SADC and the Organisations Executing SADC

Draft Guidelines Governing Relations between SADC and the Organisations Executing SADC Projects and Programmes under the Principle of Subsidiarity

Council noted that the meeting of Officials of the Review Committee held in Arusha, United Republic of Tanzania from 6 – 7 March, 2004, considered the draft guidelines governing relations between SADC and organizations executing programmes and projects under the principle of subsidiarity and agreed as follows:

-That the Secretariat should elaborate further on the draft guidelines to ensure that they adequately provide clear guidance to existing and prospective subsidiarity organisations.

-That the guidelines should serve both SADC and the subsidiarity organisations.

-That the guidelines should clearly articulate the rights and obligations of the parties.

-That the Secretariat should elaborate on the formal instruments to be entered into with subsidiarity organisations.

-That the guidelines should be uniform to ensure equal status of all subsidiarity organisations.

-That the Secretariat circulates the revised draft guidelines to Member States for comments and internal consultations before presentation to the Review Committee.

Council considered and approved the following guidelines and procedures:

Guidelines

The SADC Council of Ministers, on the recommendation of the Integrated Committee of Ministers shall approve each request from an organisation which will execute SADC programmes and projects under the Principle of Subsidiarity, taking into account the following factors:

i)Legal status of the Subsidiarity organisation in the MemberState in which it will be based;

ii)Objectives, principles and mission of the Subsidiarity organisation;

iii)The principles and programmes of these Subsidiarity organisations shall be consistent with the objectives and Common Agenda of SADC;

iv)Governing structure of the Subsidiarity organisation, which is essentially expected to be of a multi-national character in accordance with SADC multilateral status;

v)The legal status of the governing or management body (e.g. Board of Trustees or Board of Management);

vi)Defined areas of activity for each Subsidiarity organisation in the SADC Common Agenda;

vii)Competencies of the managers of the Subsidiarity organisation relative to the defined area of activity;

viii)Sources of funds of the Subsidiarity organisation;

ix)financial sustainability of the Subsidiarity organisation; and

x)Programme of Work of the Subsidiarity organisation.

Bodies created by the SADC Council of Ministers shall use the SADC logo together with their own Logos and shall be designated as SADC Agencies.

SADC and the Subsidiarity organisation shall formalise their partnership and cooperation throughaccreditation in the form of a Memorandum of Understanding.

The SADC Executive Secretary shall, where appropriate, issue letters of introduction to subsidiarity organisations as a way of assisting them in performing their work.

The SADC Council of Ministers, following a recommendation of ICM, shall determine the SADC meetings to which subsidiarity organisations may be invited to attendand the conditions of their participation in such meetings;

The Executive Secretary shall through the ICM, recommend to Council, the categories of SADC information which subsidiarity organisations my have access to;

-Subsidiarity organisations shall be encouraged to work and interact closely with SADC National Committees;

-Representatives of governing bodies or management bodiesof subsidiarity organisations shall hold regular consultations with the SADC Secretariat to review performance of programmes and projects executed under the principle of subsidiarity, the results of which shall be reported to the Integrated Committee of Ministers and to Council, accordingly;

-The SADC Secretariat shall maintain an annual roster of subsidiarity organisations;

-Subsidiarity organisations shall be independent from SADC;

-As independent entities:

i)Subsidiarity organisations shall not be accorded the designation of SADC Institutions. Such designation is restricted to those institutions outlined in Article (9)(1 ) of the SADC Treaty, as well as those institutionsto be created by the Summit as provided for in Article 9 (2) as read with Articles 10 (b) and 11 (f)of the SADC Treaty;

ii)OtherSubsidiarity organisations shall not use the SADC brand name or SADC logo in any of their activities;

iii)Subsidiarity organisations shall mobilise their own resources, including those devoted to the execution of SADC programmes and projects;

iv)Subsidiarity organisations shall benefit from participation at SADC Meetings by invitations to be approved by the ICM

v)SADC shall not bear responsibility for liabilities of Subsidiarity organisations.

vi)Subsidiarity organisations shall be registeredin the MemberState in which they wish to operate. In this regard, the legal status of subsidiarity organisations shall, depending on the application or operations of each subsidiarity organisation, be determined by each host Statein accordance with its laws;

vii)The diplomatic status of each subsidiarity organisation shall be determined by each host State in accordance with its laws.

viii)The SADC Protocol on Privileges and Immunities shall not apply to the subsidiarity organisations as these do not fall in the category of SADC Institutions in terms of the SADC Treaty.

ix)Subsidiarity organisations shall submit Annual Reports to the Integrated Committee of Ministers as a way of making them accountable to SADC.

Procedures

i) The Executive Secretary shall post the approved guidelines on the SADC Website to be readily available to all stakeholders.

ii)Any organisation interested in executing SADC programmes and projects under the principle of subsidiarity shall make a formal application to the Executive Secretary.

iii)The Executive Secretary shall assess the application on the basis of the approved guidelines and submit recommendations to the Council of Ministers through the Integrated Committee of Ministers.

iv)If the application is approved, the Executive Secretary shall inform the Organisation concerned, negotiate and conclude a Memorandum of Understanding with that Organisation.