Framework Agreement - Australian Aid

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Dec 13, 2013 (3 years and 5 months ago)

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Partnership Framework


b
etween

the



Australian Agency for International Development (AusAID)


a
nd

t
he



United Nations Relief and Works Agency for Palestine
Refugees in the Near East
(
UNRWA
)





2010
-

201
3




AusAID Agreement No 57187






2

I.

B
AC
KGROUND


Revitalising Australia’s engagement with United Nations agencies is one of the pillars of the
Australian Government’s foreign policy.


UNRWA provides assistance, protection and advocacy for registered Palestine refugees in Jordan,
Lebanon, Syria
and the occupied Palestinian territory.



T
his Partnership Framework (“the Framework”) outlines how Australia will engage with the
UNRWA from
the date of the last signature

to 30 June 2013 to progress its work with
providing
assistance, protection and adv
ocacy for the 4.7 million registered Palestine refugees in Gaza,
Jordan, Lebanon, Syria and the West Bank.

The Framework also represents a basis for Australia’s
provision of multi year funding to UNRWA.


AusAID supports UNRWA’s Medium Term Strategy 2010


2015 (‘Strategy’), and will use this
Strategy

to facilitate the tracking of progress
under

this Partnership Framework.


II.

G
UIDING
P
RINCIPLES


In this Partnership Framework, AusAID and UNRWA (“the Parties”) mutually acknowledge their
commitment to:


1.

Th
e United Nations General Assembly Resolution 302 (IV) of 8 December 1949, under
which UNRWA was established;

2.

The delivery of effective aid;

3.

The United Nations Millennium Declaration (A/RES/55/2) and the Millennium
Development Goals;

4.

I
mplementing sustainabl
e development and timely humanitarian assistance
through the UN
development system in a manner
that recognises the
UN Development Group “
Delivering
as One


principles including national ownership, coordinated assessments and
imp
lementation of coherent syst
ems;

5.

A closer, stronger and more transparent partnership based on:

a.

Mutual respect for the contribution of each party, and recognising that each party
has different s
kills, attributes and strengths;

b.

Open and effective communication, including the sharing of

lessons learned to
strengthen the quality and effectiveness of joint and separate activities.


III.

S
HARED
O
BJECTIVES

Shared Objective 1
-

To work together to assist

Palestine refugees in the Middle East

Partnership commitments

As evidenced by

AusAID
and UNRWA will work in
partnership to make progress towards
UNRWA’s
provision

of

assistance, protection
and advocacy for Palestine refugees in the
Middle East.


Progress on UNRWA
’s Medium Term Strategy
and discussions at ann
ual UNRWA
-
AusAID
consultation
s
.






3

AusAID and UNRWA will work to improve
the quality of life of Palestine refugees with
disabilit
y.


UNRWA and AusAID recognise the
importance of supporting gender equity and
the empowerment of Palestine refugee women.


Reporting
by UNRWA
at

the

annual
c
onsultation on efforts relating to improved
access and inclusion of people with disability


Reporting at the annual consultation will
include progress towards gender equity and
women’s empowerment.


Shared Objective 2



To ensure the effective delivery o
f
humanitarian

programs

to
Palestinian refugees


Partnership commitments

As evidenced by

AusAID and UNRWA are both committed to
improving the effectiveness of aid programs.

AusAID and UNRWA will work toward
improving the delivery of services to
Palestini
an refugees through agreement on
annual performance indicators.

Progress on UNRWA
’s Medium Term Strategy
Programme Strategic Framework and subsidiary
indicators and targets,
as reported to the

Advisory Commission

each year
, and discussed
at the ann
ual UN
RWA
-
AusAID consultation.

Annual joint assessment of performance against
agreed performance indicators.

Shared Objective
3



To build public awareness of
the outcomes of the AusAID

UNRWA
partnership

Partnership commitments

As evidenced by

AusAID

and

UNR
WA

acknowledge

the
important contribution that effective
communication and public diplomacy can
make to building public support for th
e
partnership and

will
capitalise on
opportunities

which

contribute to

publicising

the outcomes of the collaboration.



Th
e number of

appropriate
and jointly agreed
public awareness
activities

identified at the
annual consultations and subsequently
implemented.



IV.

F
UNDING
C
ONTRIBUTIONS


A
)

G
ENERAL
F
UND

AusAID is committed to the provision of core funding to its main partn
ers within the UN system.
Subject to annual budgetary appropriations by the Australian Governm
ent, AusAID will provide
un
-
earmarked contributions to UNRWA’s General Fund for the period from
the date of the last
signature

on the 2 original copies of this co
ntract

to 30 June 2013

consisting of:


1.

A
Base Contribution

of
AUD4.8

million

paid one month after signing the contract or by

30 September

each year

following
;

2.

A
Performance
-
Linked Contribution

of up to
AUD1.2 million

per year in accordance
with the proced
ure set out below;

3.

Additional
General Fund
Contributions

at levels to be determined annually



4

Any identifiable interest earned by UNRWA on the core contribution will be added to the
contribution and used as part of the funding for UNRWA’s Regular Budget
.


The level of the Performance
-
Linked Contribution will be determined by an annual review of
UNRWA’s activities against an annual performance framework. AusAID and UNRWA will
jointly agree upon the indicators, targets, assessment methods and timing in the Pe
rformance
Framework. Where possible, both parties will attempt to align this Performance Framework with
UNRWA’s Medium Term Strategy 2010


2015, and to achieve harmonisation with the criteria
used by other donors, particularly the United Kingdom and Europ
ean Commission.


AusAID may, from time to time, make additional General Fund contributions to UNRWA in
accordance with available resources, policy priorities and satisfactory achievement of the
partnership commitments made under this Partnership Framework.


Additional General Fund Contributions will be provided using the Exchange of Letters at
Annex

A.


B
)

A
PPEAL

CONTRIBUTIONS

AusAID may, from time to time, make
Appeal Contributions

to specified UNRWA appeals if it
determines that special circumstances sugg
est that this would be appropriate.


Appeal Contribution
s

will be provided using the Exchange of Letters
at
A
nnex

B
.



This Partnership Framework applies to all AusAID contributions, unless otherwise indicated by
AusAID.



V.

I
MPLEMENTATION OF
P
ARTNERSHIP


AusAID

and
UNRWA

will pursue this partnership through

engaging in

strategic dialogue
,

sharing
policies, processes and lessons learnt

to achieve jointly agreed priorities. Both agencies will take
a
consistent approach to
communication and coordination
whi
ch will include:

1.

Regular interaction
via the
Australian Representative Office in Ramallah, the AusAID
Middle East Desk in Canberra, and the relevant UNRWA offices in the Middle East;

2.

Australia will
participate in UNRWA’s Advisory Commission Meetings, and i
n sub
-
committee meetings, and
take an active

and constructive role in
tracking the achievement
of results by UNRWA;


3.

Progress under the
Partnership Framework will be reviewed through an annual consultation
process between AusAID
and

UNRWA
. This will involv
e
reviewing progress and results
on shared objectives and
setting
joint
priorities for the coming year. The agenda of the
annual consultation will include a discussion/update on the objectives outlined above

and
opportunities to raise awareness of the cont
ribution of the partnership
.

Actual timing and
location of the annual consultation will be determined by both parties, taking into account
opportunities such as high level visits by AusAID or by UNRWA to respective
headquarters;

4.

AusAID participat
ion

in
UNR
WA

or joint field missions as appropriate.



5


VI.

R
EPORTING
,

MONITORING AND EVALU
ATION


A)

F
INANCIAL
R
EPORTING

UNRWA will administer and account for
Australian c
ontribution
s

in accordance with its financial
regulations and other applicable rules and proced
ures and practices.

UNRWA will submit to AusAID the UNRWA annual accounts for the period of the contribution
after they have been audited by the UN Board of Auditors, whose certificates will appear in the
UNRWA Financial Report.


B)

N
ARRATIVE

R
EPORTING

UN
RWA will submit to
AusAID

a
n annual

narrative report

within 90 days of each calendar year
-
end


for the period of this

Partnership Framework
. The
report

will provide a self assessment on
program progress against

the agreed

performance

framework
.

In assessi
ng the performance of UNRWA and its programs
, AusAID will rely
both on UNRWA
’s
own monitoring and evaluation systems

and on additional procedures agreed in the performance
frameworks agreed annually in relation to the Performance
-
Linked Contribution.

AusAI
D recognises that managing for better development results involves investment in
evaluation of aid activities and programmes, and that funds provided by AusAID to UNRWA can
be allocated for this purpose.

AusAID

will

also participate in multi
-
donor

dialogue

with UNRWA

on performance and policy
issues through its

membership of the

UNRWA

Advisory Commission.


VII.

C
OUNTER
T
ERRORISM

Consistent with UN Security Council Resolutions relating to terrorism, including UNSC
Resolution 1373 (2001) and 1267 (1999) and r
elated resolutions, both AusAID and UNRWA are
firmly committed to the international fight against terrorism, and in particular, against the
financing of terrorism. It is the policy of AusAID to seek to ensure that none of its funds are used,
directly or in
directly, to provide support to individuals or entities associated with terrorism. To
those ends, UNRWA is committed to taking appropriate steps to ensure that funding provided by
AusAID to support UNRWA is not used to provide assistance to, or otherwise s
upport, terrorists
or terrorist organizations, and will inform AusAID if, during the course of this
Partnership
Framework
, UNRWA determines that any such funds have been so used.


VIII.

A
NTI
-
CORRUPTION

AusAID and
UNRWA

are commit
ted to preventing and detec
ting
corruption and bribery.
UNRWA,
through its employees, agents or representatives
,

will not

make or cause to be made, or
receive or seek to receive, any offer, gift or payment, consideration or benefit of any kind, which
would or could be construed as a
n illegal or corrupt practice, either directly or indirectly to any
party, as an inducement or reward in relation to the execution of this
Partnership Framework

or
any arrangement or provision of funds in relation to

its operations. UNRWA
will use its best

endeavours to ensure that any employee, agent, representative or other entity
it is responsible for
wi
ll comply with this paragraph.


IX.

C
HILD
P
ROTECTION



6

UNRWA
will

not engage in any practice inconsistent with the rights set forth in the Convention on
th
e Rights of the Child.


X.

R
ECOGNITION OF THE
C
ONTRIBUTION

UNRWA

will acknowledge Australia’s
C
ontribution and any other relevant Australian support in
promotional material including speeches, media statements and publications. In doing so
,

UNRWA

will mak
e it clear that
the UNRWA
is respon
sible for implementation of program
activities.


XI.

D
URATION

This Partnership Framework will come into operation on the date of the last signature on the two
original copies and expires on 30 June 2013.

AusAID and
UNRWA

will review this Partnership Framework approximately six months prior to
its
conclusion
on 30 June 2013
, and at any other times mutually agreed by both organisations, to
determine its value and impact and inform a possible next phase of the partnership.


XII.

A
MENDMENT

This Partnership
Framework and its attachments may

be modified in writing with the consent of
AusAID and UNRWA.

XIII.

D
ISPUTE RESOLUTION



Any disputes arising over the interpretation or application of this
Partnership Framework

will
be
reso
lved through mutual discussion and conciliation.

This Partnership Framework is not an international treaty. It is an administrative arrangement
between the Government of Australia and UNRWA, called a Partnership Framework.


XIV.

T
ERMINATION






This
Partn
ership Framework
will terminate

by
mutual arrangement between both

parties

subject to
written notice given three months in advance.

Upon termination, any unused portion of the
contribution other than those irrevocably committed in good faith before the dat
e of termination
and those agreed between the two parties as being required to finalize activities shall be returned to
AusAID.

XV. PRIVILEGES AND IMMUNITIES


Nothing contained in this
Framework

will

be deemed a waiver, express or implied, by either party
of its privileges and immunities

of the United Nations, including its subsidiary organs
.




7

XVI.

ANNEXURES

The following
Annexures

form part of th
e

Framework:

Annex A



Template for
Exchange

of Letters for Additional Contributions

Annex B



Template for Exc
hange of Letters for Appeal Contributions


SIGNED in duplicate


…………………………………….



……………………………………………...

Catherine Walker

Acting Director General

For the Australian Agency for International
Development

Fabian McKinnon

Director of External Relations

For the

United Nations Relief and Works Agency


Date:
…………………………………….


Date:
…………………………………….




8

Annex 1









EOL No.
XXXXX


[INSERT Name]

[INSERT Address]




Dear


EXCHANGE OF LETTERS


UNDER THE PARTNERSHIP FRAMEWORK 2010
-
2013 BETWEEN
THE

AUSTRALIAN AGENCY FOR INTERNATIONAL DEVELOPMENT (AUSAID)


AND THE


UNITED NATIONS RELIEF AND WORKS AGENCY

FOR PALESTINE REFUGEES


IN THE NEAR EAST (UNRWA)


FOR AN ADDITIONAL CONTRIBUTION TO THE UNRWA GENERAL FUND



1.

This letter initiates Exchange
of Letters Number XXXXX between AusAID and UNRWA
in accordance with Paragraph IV of the Partnership Framework. The Terms and
Conditions contained in the Partnership Framework apply to this Exchange of Letters.


2

AusAID will make an
Additional Core Contr
ibution
to the UNRWA General Fund
amounting to
A$

5,500,000

into the following account:


JP Morgan Chase Bank

International Agencies Banking

1166 Avenue of the Americas, 1
4
th

Floor

New York NY 10036
-
2708 USA

UNRWA US Dollar Account No. 949
-
1
-
0922
44 ABA No. 021000021

Swift:
CHASUS33







9

3.

The provision of the contribution is subject to compliance by UNRWA with all of the
requirements set down within the Partnership Framework and this Exchange of Letters.


4.

UNRWA will report to AusAID in accor
dance with the reporting requirements in the
Partnership Framework and any additional reporting requirements specified in this
Exchange of Letters.


5.

This Exchange of Letters will be deemed to commence on the date of receipt by AusAID
of acceptance of t
his Exchange of Letters and will conclude on 30 June 2011.


6.

Please indicate your acceptance of this Exchange of Letters by signing both original copies
and returning one signed copy to AusAID.


Yours sincerely





Name and Position

FMA Act Section 44 De
legate


Date:


Signed for and on behalf of UNRWA by:




Name and Designation





Signature


Dated this day of 20XX




10

Annex B












EOL No.
XXXXX

[INSERT Name]

[INSERT Address]





Dear



EXCHANGE OF LETTERS


UNDER THE PARTNERSHIP FRAMEWORK 2010
-
2013 BETWEEN THE

AUSTRALIAN AGENCY FOR INTERNATIONAL DEVELOPMENT (AUSAID)


AND THE


UNITED NATIONS RELIEF AND WORKS AGENCY

FOR PALESTINE REFUGEES


IN THE NEAR EAST (UNRWA)


FOR XXXXX



1.

This letter initiates Exchange of Letters Number XXXXX between AusAID and UNRWA
in accordance with the above Partnership Framework. The Terms and Conditions
contained in the Partnership Framework apply to this Exchange of Letters.


2.

The title of the
Activity to be used in all documentation, correspondence and publicity is
“[INSERT ACTIVITY TITLE]”


3.

AusAID offers to provide UNRWA with a contribution for the implementation of the
Activity as described in the Activity Proposal "[NAME OF PROPOSAL]" of
[DATE]
(attached) and any amendments agreed in writing by AusAID.


4.

The contribution is
AUDXX
[AMOUNT]. [FOR ACTIVITIES GREATER THAN ONE
YEAR, INSERT PAYMENT SCHEDULE]


5.

The contribution will be made to the following account:


JP Morgan Chase Bank

International Agencies Banking



11

1166 Avenue of the Americas, 1
4
th

Floor

New York NY 10036
-
2708 USA

UNRWA US Dollar Account No. 949
-
1
-
092244 ABA No. 021000021

Swift:
CHASUS33


6.

The provision of the contribution is subject to compliance by UNRWA

with all of the
requirements set down within the Partnership Framework and this Exchange of Letters.


7.

UNRWA will be responsible to AusAID for disbursement of the contribution in
accordance with the budget contained in the Activity Proposal.


8.

UNRWA w
ill report to AusAID in accordance with the reporting requirements in the
Partnership Framework and any additional reporting requirements specified in this
Exchange of Letters. [INSERT ANY ADDITIONAL REPORTING REQUIREMENTS]


9.

This Exchange of Letters wil
l be deemed to commence on the date of receipt by AusAID
of acceptance of this Exchange of Letters and will conclude on [INSERT DATE].


10.

Please indicate your acceptance of this Exchange of Letters by signing both original copies
and returning one signed

copy to AusAID.


Yours sincerely



Name and Position

FMA Act Section 44 Delegate


Date:


Signed for and on behalf of UNRWA by:



Name and Designation





Signature


Dated this day of
20XX


Attachment

[ATTACH AGREED ACTIVITY PROPOSAL AND BUDGET]