MEMORANDUM OF UNDERSTANDING
THE GOVERNMENT OF THE REPUBLIC OF INDIA
THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
CO-OPERATION IN THE FIELD OF SOCIAL ISSUES
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 jointly referred to as the "Parties" and in the singular as a "Party");
TAKING NOTE of the "Brasilia Declaration" of 6 June 2003 after the meeting of the Foreign Ministers of the Parties and the first India Brazil and South Africa Working Group meeting held in Rio de Janeiro from 12-14 June 2006 to establish an IBSA Working Group on Social Development;
RECOGNIZING that the emergence and consolidation of IBSA initiatives and collaboration at regional and global level for promoting good governance and wishing to strengthen South-South co-operation, the Parties acknowledge that joint efforts and collaboration in the field of social development will assist in promoting social and economic development of the people of their respective countries, the Parties will work closely towards synchronisation of UN programmes, influencing the selection of themes in different UN Commissions on social development;
REAFFIRMING the Main Conclusions and Report of the India�Brazil-South Africa Dialogue Forum Seminar on Economic Development and Social Equity of 3-4 August 2005 which, amongst others, highlighted the intricate linkages between economic development and social equity and advocated for coordinated responses to tackle poverty and address the needs of the most vulnerable and hunger stricken in each of the respective countries;
DESIRING to strengthen South-South co-operation amongst the Parties and to promote trilateral co-operation in the field of social development in seeking to achieve key developmental goals including the Millennium Development Goals;
HAVE REACHED THE FOLLOWING UNDERSTANDING:
The Competent Authorities responsible for the implementation of this Memorandum of Understanding (hereinafter referred to as "this MoU"), shall be-
(a) in the case of the Government of the Republic of India, the Planning Commission;
(b) in the case of the Government of the Federative Republic of Brazil, the Ministry of Social Development and Fighting Against Hunger; and
(c) in the case of the Government of the Republic of South Africa, the Department of Social Development.
Areas of Co-operation
(1) The Parties shall, subject to applicable domestic law in force in the territories of their respective countries, co-operate in the field of social development, in particular, in the following specialized areas:
(a) Poverty eradication;
(b) social security;
(c) social policy;
(d) monitoring and evaluation;
(e) institutional capacity building;
(f) micro-finance; and
(g) co-operation in multilateral fora.
(2) The Competent Authorities may, after consultation with the Parties and in writing, agree on further specialised areas of co- operation.
Forms of Co-operation
The co-operation under this MoU shall be implemented by means of-
(a) exchange of visits and sharing of information and experience through publications, workshops, seminars, conferences and video conferences;
(b) exchange of experts to deliver lectures, build capacity and undertake joint comparative research;
(c) exchange of study tours;
(d) promotion of civil society co-operation within the three countries;
(e) mentorships and exchange programmes to facilitate skills transfer;
(f) secondments of officials from institutions of one Party to institutions of the other Parties;
(g) human resource development and training of officials, civil society representatives and academics of one Party by the other Parties;
(h) co-operation between training institutes of the Parties;
(i) establishment of joint institutions, projects and other joint mechanisms, as the Competent Authorities may agree upon; and
(j) such other mechanisms within purview of this MoU as the competent authorities may agree upon.
(I) Co-operation in terms of this MoU shall be implemented under the auspices of the IBSA Working Group on Social Development established in June 2006 (hereinafter referred to as the "Working Group") .
(2) The Working Group shall assist with the implementation of co-operation under this MoU.
(3) The Working Group shall consist of representatives of each country, nominated by their respective competent authorities.
(4) The Working Group may also invite experts or other persons to attend their meetings for specific purposes as the competent authorities may agree upon.
(5)(a) The Working Group shall meet annually and the meeting shall be held alternately in the Republic of India, the Federative Republic of Brazil and the Republic of South Africa.
(b) The meetings referred to in paragraph (a) shall be presided over alternately by a representative designated by each Competent Authority.
(6) The host Party shall provide secretarial assistance and organisational support for the Working Group meetings.
(7)(a) The Party which presided over the last meeting of the Working Group is responsible for the co-ordination and liaison, including preparation of the agreed agenda, for the next meeting.
(b) Each Competent Authority shall designate a nodal point for co-ordination and liaison for the work of the Working Group.
(8) The Working Group shall regularly publish its reports on the trilateral website, amongst other viable platforms.
Implementation of Co-operation
(1) The Working Group shall, in consultation with the Competent Authorities and in writing, set out a programme of action on the areas of co-operation under this MoU and identify specific activities for each area of co-operation.
(2) The Working Group shall set up procedures of implementation and supervision of the programme of action.
(3) The Working Group may establish one or more task teams to implement, under its supervision and direction, any aspect of the programme of action.
(4) The Working Group shall at each meeting review the progress of implementation of the programme of action and submit a report to the competent authorities.
(5) In addition to the meetings referred to in Article 4(5) (a), the Working Group shall meet at least once a year to review the areas of co-operation and submit a report to the competent authorities.
(1) The expenditure for international and local travel, accommodation and other subsistence undertaken under this MoU shall be borne by the sending Party.
(2) The receiving Party shall assist with the logistical arrangements for local travel and accommodation.
Intellectual Property Rights and Confidentiality
(1) Intellectual property rights regarding any co-operation under this MoU shall be enforced in accordance with the domestic law in force in the countries of, and international agreements binding on, the respective Parties.
(2) When a Party discloses any information or object in any form under this MoU to the other Parties, the disclosing Party shall, in writing, inform the receiving Parties of any confidentiality or intellectual property right attached to the information or object.
(3) The receiving Party shall observe such confidentiality subject to the domestic law in force in its country.
(1) This MoU may be amended by mutual consent of the Parties through an Exchange of Notes between the Parties through the diplomatic channel.
(2) An amendment of this MoU shall not affect any rights and obligations arising from this MoU before the effective date of the amendment unless the Parties agree otherwise in writing.
(1) A Party may for reasons of security, public order or public health suspend temporarily, either in whole or in part, it's implementation of this MoU.
(2) The suspension shall take effect 30 days after written notification through the diplomatic channel or on the date of the notice if the suspending Party considers the immediate suspension desirable.
(3) The suspending Party may terminate the suspension by written notification through the diplomatic channel.
(4) The termination of suspension shall take effect 30 days after the notification or such earlier date as the Parties may agree upon in writing.
Settlement of Disputes
Any dispute between the Parties arising out of the interpretation, application or implementation of the provisions of this MoU shall be settled amicably through consultation and negotiations among the Parties.
Entry into Force, Duration and Termination
(1) This MoU shall enter into force on the date of signature thereof.
(2) This MoU shall remain in force unless terminated accordance with sub-Article (3).
(3) Any Party may withdraw from this MoU giving the other Parties six (6) months written notice in advance through the diplomatic channel of its intention to withdraw. The withdrawal shall not affect the validity of the MoU between the remaining Parties unless otherwise agreed by those Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed and sealed this MoU in three originals in the Hindi, Portuguese and English languages, all texts being equally authentic. If the case of any divergence of interpretation, the English text shall prevail.
DONE at Pretoria on this 17thday of October 2007
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