MoU on Human Settlement, New Delhi 15 October 2008


MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDIA
THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL
AND
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
ON
COOPERATION IN THE FIELD OF HUMAN SETTLEMENTS DEVELOPMENT
PREAMBLE

The Government of the Republic of India, the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa, (hereinafter referred to as the "Parties" and in singular as a "Party");

DESIROUS to co-operate with each other in the field of human settlements development;

STRIVING to evolve to more democratic societies with increasing economic openness necessitating the introduction of comprehensive policies that are socially inclusive to address a range of social and, economic problems with a, view to achieving the Millennium Development Goals;

FOSTERING a political will to work together in addressing the challenges of urbanization, unemployment and development, particularly in view of the significant increase in urban population causing tremendous pressure on city environment;

RECOGNIZING the interest and benefit in exchanging information and research relating to housing and human settlements development, and wishing to co-operate with each other to address the challenges facing developing countries of providing shelter and other basic services for the poor within the framework and constraints of limited resources;

ALREADY having bilateral agreements on co-operation in the field of human settlements in place, with the Governments of the Federative Republic of Brazil and the Republic of South Africa signing a Memorandum of Understanding in the year 2005, the Governments of the Republic of India and the Republic of South Africa signing a Memorandum of Understanding in the year 2006 and the Governments of the Federative Republic of Brazil and the Republic of India signing an Memorandum of Understanding in the year 2006.

HEREBY AGREE as follows:

ARTICLE 1
COMPETENT AUTHORITIES

The Competent Authorities responsible for the implementation of this Memorandum of Understanding shall be-

(a) in the case of the Government of the Republic of India, the Ministry of Housing and Urban Poverty Alleviation ;

(b) in the case of the Government of the Federative Republic of Brazil, the Ministry of Cities; and

(c) In the case of the Government of the Republic of South Africa, the Department of Housing.

ARTICLE 2
PURPOSE OF MEMORANDUM OF UNDERSTANDING

The purpose of this Memorandum of Understanding is to-

(a) develop into a common conceptualization and approach between the Parties around the issues of human settlements development, especially slum upgrading and housing for the poor;

(b) establish collaboration among the Parties in defining the fundamentals of housing and human settlements development to ensure a shared understanding;

(c) continue the Parties' existing co-operation in a number of areas covering amongst others;

(i) Co-operation through exchange of experts/experiences, and capacity building; and

(ii) multilateral co-operation through joint participation in workshops and adopting common country and regional positions relating to housing and human settlements issues at relevant international forum.

(d) promote the Parties' cooperation in a number of new areas covering among others-

(i) training and skills development in the fields of Management Studies in Human Settlements Development, Urban and Regional Planning Programmes, Geographic Information Systems, Low Cost Building Technologies, Housing Finance Mechanisms, Monitoring and Evaluation of housing projects;

(ii) exchange of scientific and technical information and Best Practices, as well as to encourage expert(s), training and consultancy for cost effective housing technology and addressing housing/ infrastructure 1ssues;

(iii) dissemination of appropriate cost effective building materials and housing technologies, research and development on innovative building materials;

(iv) co-operation in the areas of policy framework and programme implementation; and

(v) Support and strengthen partnerships wherever possible research of Non-Governmental Organisations and bodies active in the field of human settlements.

ARTICLE 3
PRINCIPLES GOVERNING COOPERATION

The Parties undertake to-

(a) work together and cooperate fully on issues of human settlements development, slum upgrading and housing & basic services for the poor as key tools for poverty alleviation;

(b) constitute a Working Group on Human Settlements Development, the members of which shall be nominated by the parties;

(c) have formal and regular consultations in order to ensure that experts and professionals in the area of housing and human settlements development are able to exchange experiences and capacity on a continuous basis;

(d) constitute task-specific teams to explore and implement the areas of cooperation and assistance among the parties as per the annual work programme of the Working Group;

(e) organise meetings and seminars to generate new knowledge and share experiences; and

(f) recognise the significance of the role of women in the implementation of work programmes.

ARTICLE 4
AREA OF COOPERATION

The Parties commit themselves to-

(a) ongoing trilateral cooperation in the fields of human settlements development, slum upgrading and housing for the poor mainly with regard to the areas of planning and management systems, population migration and urbanisation, basic sanitation and water provision and other services for the poor, land tenure and other relevant land issues, urban employment, poverty alleviation, strategies for the integration of the poor, informal sector development, community development, and technical activities involving cooperation with multilateral organisations regarding these issues;

(b) ongoing trilateral cooperation in any other areas relating to human settlements development that the parties consider relevant to the accomplishment of their shared interests; and

(c) cooperate jointly in international forums, including jointly convening international seminars, workshops and meetings on various issues within the areas identified above, with consideration of the position of the other Party such as prior and/ or future membership to regional bodies.

ARTICLE 5
IMPLEMENTATION

The implementation of actions in the areas contemplated in this Memorandum of Understanding shall be executed by means of yearly work programmes and joint projects proposed by the Working Group on Human Settlements Development.

ARTICLE 6
SETTLEMENT OF DISPUTES

Any dispute arising out of the interpretation or implementation of this Memorandum of Understanding shall be settled amicably through trilateral consultation or negotiation among the Parties.

ARTICLE 7
AMENDMENT

This Memorandum of Understanding may be amended by mutual consent of the Parties through an Exchange of Notes between the Parties through the diplomatic channel.

ARTICLE 8
ENTRY INTO FORCE

The Memorandum of Understanding shall enter into force on the date of its signature.

ARTICLE 9
DURATION AND TERMINATION

  1. This Memorandum of Understanding shall remain in force for a period of two (2) years, whereafter which it shall automatically be renewed for further periods of two years unless terminated by either Party by giving two (2) months' written notice in advance through the diplomatic channel of its intention to terminate this Memorandum of Understanding.

  2. The termination will not affect the implementation of ongoing arrangements, programmes, activities or projects which have been decided under this Memorandum of Understanding prior to date of its termination, unless the Parties decide otherwise.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments have signed and sealed this Memorandum of Understanding in Hindi, Portuguese and English, all three texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.

DONE at New Delhi on this 15th day of October 2008

FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA



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