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LEGAL FRAMEWORK

THE GUIDANCE, COUNSELLING ANDYOUTH DEVELOPMENT CENTRE FOR AFRICA

ESTABLISHED IN LILONGWE

LEGAL FRAMEWORK

THE GUIDANCE, COUNSELLING ANDYOUTH DEVELOPMENT CENTRE FOR AFRICA


DATED this day of 1999

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AGREEMENT RELATING TO THE GUIDANCE. COUNSELLING AND YOUTHDEVELOPMENT CENTRE FOR AFRICA


WHEREAS since the Geneva meeting of the Ministers of Education held on the 2nd day ofOctober 1996 the Governments of Botswana, Ghana, Kenya, Lesotho, Malawi, Mozambique,Namibia, Nigeria, the Kingdom of Swaziland, Seychelles, Sierra Leone, South Africa,Tanzania, Uganda, Zambia and Zimbabwe (hereinafter referred to as the "original parties")have, for the purposes of establishing a Centre for Guidance, Counselling and YouthDevelopment in the Africa Region (hereinafter referred to as "the Centre") agreed to establishin Lilongwe the Centre with the assistance of United Nations Education Scientific andCultural Organization;

AND WHEREAS the Pan African Conference on the Education for Girls and Women held inOuagadougou, Burkina Faso in March 1993 afforded an opportunity for African Governmentsto confirm their commitment to girls and women education and the conference resulted in aDeclaration and Framework for Action which has since .guided many educational activitiesfor girls and women in Africa;

AND WHEREAS the original parties having continued their consultations at a conferenceheld in Malawi in March 1994 agreed to make proposals to UNESCO for the introduction andstrengthening of guidance and counselling programmes in the Region and UNESCOwelcomed the proposal as a follow-up to the Pan African Conference on the Education ofGirls;

AND WHEREAS the establishment of the Centre corresponds to paragraph 83 of the BeijingPlatform for Action which calls for girls and women to be given education and informationwhich will permit them to access the social and economic opportunities and will develop theirself-esteem and self-reliance and it is consistent with the resolve by the Ministers ofEducation and their officials at their meeting in Geneva on 2nd October 1996 that a RegionalCentre for Guidance and Counselling be set up;

AND WHEREAS in their continued efforts to foster unity and development in the guidance,counselling and development of the youth the original parties have agreed to focus on girlsand women but include the entire community of youth in the Africa Region and by their jointcommunique signed in Lilongwe, Malawi, on 30th April 1997 the original parties reaffirmedtheir commitment to intensitY efforts to equalize access of both girls and boys to education;address gender imbalances in school curricula to render them more gender sensitive; to trainmore guidance and counselling personnel; and to expand Guidance and Counselling andYouth Development Services throughout the school systems and other sectors of theirsm:ieties;

AND WHEREAS it has now been resolutely agreed between the original parties to record theterms of arrangement between the parties to this Agreement in connection with the Centreand to agree to the terms and conditions under which the parties to this Agreement shallparticipate in the Centre until such time as may be agreed upon between them.

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NOW THEREFORE, the parties to this Agreement agree as follows:-

ARTICLE IInterpretation

In this agreement unless the context otherwise requires:-

"Administration" means the education and cultural administration of a party to thisAgreement;

"Board" means the Board of Governors established under Article IV;

"Chairperson" means the Chairperson of the Board as constituted under Article IV.4(2) andgender shall include feminine gender and or vice versa/wherever applicable;

"Member" means the person who is the representative of a party on the Board as provided inArticle IV.3 or the representative of such person;

"National Centre" means a Guidance, Counselling and Youth Development Centre for Africaestablished in the state of a party to the Agreement;

"GAU" means the Organization ofAfrican Unity;

"Party" includes any of the original parties and any country, which becomes a party to thisAgreement under Article XV;

"Director" means the officer designated as such under Article V;

"Region" means the Africa Region as applied and understood under the United NationsProgramme for Action;

"Regional Grouping" means any recognized regional organization established in the AfricaRegion;

"Singular" shall include plural and vice versa;

"UNESCO" means United Nations Education Scientific and Cultural Organization.

ARTICLE IIParticipation

Each party undertakes to participate or continue to participate in the Centre and to givecooperation to the Board for the purpose ofachieving the objectives of the Centre.

ARTICLE IIIObjectives ofthe Centre

The objectives of the Centre shall be:-

(a) to train and develop expertise in guidance and counselling that would help parties tothis Agreement to reauce and or eliminate in the youths, behaviours that are inconsistent withthe education, social, cultural and economic prosperity in the region;

(b) to train and produce appropriately qualified teachers for guidance and counselling;

(c) to train and produce trainers in the relevant skills and knowledge in guidance andcounselling for the Region;

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(d) to train and produce researchers who will monitor and evaluate progranuneimplementation and generate information to feed into the Centre for the facilityimprovements in curriculum methodology, assessment and evaluation;

(e) to develop, design introduce and manage progranunes in guidance and counsellingwhich will transcend national interests and accommodate various experiences and concernsaffecting the youth of the Region;

(f) to reduce and or eliminate unwanted behaviours in the youths of the Region andpromote acceptable conduct through educational progranunes at the Centre and make themproductive;

(g) to eliminate street children, child labour, prostitution, adolescent pregnancy throughtraining and guidance and promote guidance, counselling and personal development of theyouth of the Region by creating more receptive environment, technical training, educationand support to the youth who may not have access to college or university education;

(h) to encourage parties to this Agreement to establish practical national youthprogrammes, preparation of media youth programmes, produce information booklets for newliterate and primary grades and tertiary teaching;

(i) to generate income from approved special projects, programmes and consultanciesand from fees which students from the public and private sectors will pay for courses and useof the Centre which will be channelled back into the Centre to finance such activities asresearch in guidance, counselling and courses designed approved and taught at the Centre;

G) to carry out any goals and or objectives, which may reasonably be deemed consistent,incidental, consequential and or necessary in pursuance of any objective herein contained.

ARTICLE IVThe Board of Governors

I. There shall be a board to be known as the Board of Governors, which shall, subject tothis Agreement, be responsible for the policy, control, and management of the Centre.

2. The Board shall consist of Ministers ofEducation from the parties to this Agreement.

3. For the purpose of discharging its responsibilities, the Board shall exercise powersnecessary to achieve the objectives of the Centre and without prejudice to the generality ofsuch powers it shall:-

(a) determine its own rules ofprocedure and working practice;

(b) appoint a Director of the Centre;

(c) appoint a Deputy Director, Finance Manager and Senior Administrative, technical andinstruction staff upon the recommendations of the Director of the Centre;

(d) consider and approve the administrative financial and staff regulations prepared andsubmitted by the Director;

(e) consider and approve the budget of the Centre prepared and submitted by the Director;

(f) consider and approve:-

(i) the course programme ofthe Centre each financial year; and

(ii) the appropriate curricula;

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(g) consider and approve the syllabi of the courses offered at the Centre and standards ofinternal examinations conducted by the Centre;

(h) . determine the quota of trainees who may be admitted to the Centre from each party;

(i) determine the conditions under which the Centre may cooperate with or renderassistance to :-

(i) national centres in the Africa Region;

(ii) centres in other regions of the world;

(iii) centres in any Regional Grouping;

G) determine and approve development plans for the Centre;

(k) determine and approve the establishment of any posts at the Centre, not establishedunder this Agreement, which may be necessary to give effect to the objectives of the Centre;

(I) liaise with, and seek cooperation from, any university or professional body within oroutside the Region whose assistance may be needed in the maintenance of academicstandards at the Centre;

(m) specify and approve entry requirements for the courses included in the trainingprogrammes of the Centre and establish uniform methods of assessing the resul ts of thequalifying examinations conducted by the Centre;

(n) delegate any or all powers vested in it to any person, committee or institution; and

(0) do all such other things as shall from time to time be assigned to it under thisAgreement.

4. Technical Committee:

(i) There shall be a Technical Committee of the Centre.

(ii) The Technical Committee shall consist of one representative of each party who shallbe selected from among senior officers of the Administration of such party and shall beexperts in guidance and counselling or in equivalent fields of expertise.

(iii) The Technical Committee shall be responsible for the development and formulation ofacademic syllabi and all matters related to programmes, courses, curricula and such matters asmay be delegated to it by the Board.

5. Meetings of the Board

(l) The Board shall meet once every year in ordinary session.

(2) The hosting of an ordinary session of the Board shall rotate among the parties in thealphabetical order. The party hosting an ordinary session shall:-

(a) be the Chairperson for the session;

(b) be the Chairperson ofthe Board until the next ordinary session.

(3) The Board' may meet in an extra-ordinary session convened by the Chairperson on hisown initiative or upon a written request of any party or parties. The quorum shall be tenmember states and the Chairperson.

(4) The Chairperson shall preside over any extra-ordinary session of the Board,notwithstanding that such session is hosted by a party other than the party of which he is the... .,. .... r ...cpnfM;Vp. on the Board.

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(5) The Board shall conduct ·its business by passing and adopting resolutions.Resolutions of the Board shall be binding on parties to this Agreement notwithstanding that aparty did not attend the meeting at which such a resolution was passed.

ARTICLE VDirector of the Centre

I. There shall be an officer designated as the Director of the Centre and shall be the headof the Centre.

2. The Director shall be assisted in the performance of his/her duties by an officerdesignated as the Deputy Director.

3. The Director and Deputy Director shall be appointed from nationals of the parties andsuch nationals shall demonstrate relevant qualifications and experience in matters relating totechnical activities and administration of education.

4. The Director shall be the Chief Executive of the Centre and as such he/she shall,subject to this Agreement and to any general or special directions of the Board or theChairperson:

(a) be responsible for:-

(i) the implementation of the decisions of the Board,

(ii) carrying out the activities of the Centre,

(iii) all matters relating to the general administration of the Centre,

(iv) secretarial service to the Board.

(b) prepare the budget and the programme of activities of the Centre for each financialyear and submit them to the Board for approval at least four months before the beginning ofthe financial year to which they relate;

(c) control the expenditure and administer the finances of the Centre and cause properbooks of accounts to be kept and maintained;

(d) prepare, and submit to the Board for approval, administrative, financial and staffregulations;

(e) consider all matters to be presented to the Board and submit his recommendationsthereon to the Board;

(f) submit to the Board, not later than four months after the end of each financial year, areport on the activities of the Centre for that year, including a financial statement on revenueand expenditure and on assets and liabilities of the Centre as audited by the auditorsappointed under Article X!. 2 ;

(gl represent the Centre in its relations with third parties;

(h) prepare and keep up to date the training manuals used at the Centre and such othertraining manuals as the Centre may provide to national Centres;

(i) prepare and submit to the Technical Committee:-(i) course programmes of the Centre; and

(ii) the appropriate curricula;

G) maintain, preserve and manage the assets of the Centre;

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(k) perform such other duties as are assigned to hirn/her in this Agreement or as shall beassigned to hirn/her from time to time by the Board or the Chairperson.

ARTICLE VIStaff

I. (a) The Board shall appoint technical, instructing andadministrative staff of the Centre upon such terms and conditions as it shall determine andupon the recommendation of the Director of the Centre.

(b) For the purpose of this sub-article, the Board shall determine which of the staffshall be classified as senior staff upon recommendation of the Director of the Centre.

(c) The Board may delegate the exercise of its powers under this Article.

2. The Director shall appoint the auxiliary staff needed in the running of the Centrewithin such categories and upon such terms and conditions, as he shall, with the approval ofthe Board, determine.

3. The staff appointed in pursuance of the objectives of the Centre shall, as far aspossible and having regard to the interests of the Centre, consist of the nationals of the partiesbut may, where suitably qualified candidates are not available from among the nationals ofthe parties, include a national of any other country.

ARTICLE VIIAdmission of Trainees

Admission of trainees to the Centre shall be based on the understanding that the Centre isprimarily intended for the training of the personnel needed by respective parties, butvacancies in the intake of trainees occurring after the needs of parties have been satisfied maybe offered to countries not being parties to this Agreement upon such terms and conditions asthe Board may detennine.

ARTiCLEVTIIContributions by the Parties

I. Each party undertakes to make financial contributions towards the budget of theCentre for each financial year as follows:-

(a) each party shall bear the total cost of providing courses designed solely tomeet its national requirements;

(b) the total cost of providing courses designed to meeting the requirement of theCentre shall be apportioned among the parties as determined by the Board at its annualmeeting. The Director shall communicate in writing to all original parties.

(c) The amount of the contribution by each party under this Article and the time ofpayment thereof shall be determined by the Board.

(d) The Director shall notifY each party of the amount of its contributions and thetime of payment thereof as determined by the Board under this Article.

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ARTICLE IXStabilization and Capital Contingency Fund

There shall be established a stabilization fund and a capital contingency for the Centre, thesize and administration of which shall be determined by the Board.

ARTICLE XPowers to Borrow

I. The Centre shall have powers to borrow money, receive grants, gifts and assets of anydescription from an approved source.

? In exercising its powers to borrow the Centre shaH seek the prior approval of theBoard.

ARTICLE XIFinancial Year and Audit of Account

I. The financial year of the Centre shaH commence on the first day of July of eachcalendar year and end on the thirtieth day of June ofthe following calendar year.

2. The accounts of the Centre shaH be audited annuaHy by auditors appointed by theBoard and who are registered and recognized as the under the laws of Malawi.

3. Any arrangement under which any auditor shall audit the accounts of the Centre shallcontain an obligation requiring such auditors to submit a copy of their report on the accountsof the Centre to each member of the Board and to the Director.

4. The accounts, books, registers or other documents relating to the financialmanagement of the Centre shall, at all times, be open for inspection by any member of theBoard.

5. The Board shall have powers to institute investigations in the Management offinances, assets and resources of the Centre.

ARTICLEXTIObligations of the Parties

Each party undertakes to:-

(a) promptly pay its contributions as determined by the Board under Article VIII;

(b) release, subject to the exigencies of the service of its administration, any of thestaff of its Administration needed in the service of the Centre on request by the Director ofthe. Centre and the Director of the Centre shall exercise with due diligence powers to recruitany suitable qualified national to serve at the Centre;

(c) extend to the Centre any facilities for carrying out its tasks within its territorialjurisdiction particularly in connection with the free movement of delegates to the meetings ofthe Board and ofthe staff, trainees funds, materials, equipment and supplies necessary for theoperation of the Centre.

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ARTICLE XlIILegal Status of the Centre

I. As soon as conveniently possible after this Agreement enters into force, the party inwhose territorial jurisdiction the Centre is located shall,

(a) confer upon the Centre the status of a body corporate;

(b) grant to the Centre all such legal capacities comparable to United NationsOrganization status as may be necessary for the attainment of its objectives.

2. The Centre shall have, within the territorial jurisdiction of each party, the legalcapacity necessary for the exercise of its obligation under this Agreement.

ARTICLE XIVProperty of the Centre

I. The Director shall at all times keep and maintain;

(a) an inventory of all property, immovables and movables belonging to theCentre; and

(b) an asset register showing the assets of each party at the Centre and book valuethereof.

2. Any property or funds belonging to the Centre, wherever located and by whomsoeverheld, shalll:>e immune from search, requisition, confiscation, expropriation or any other formofseizure by executive or legislative action.

3. All the buildings at the Centre shall remain the property of the Centre.

4. If it shall become necessary to dissolve the Centre the assets thereof shall bedistributed among the parities in accordance with the rules under the Charter of the OAU butwithout prejudice to any recorded proportions of contributions.

ARTICLE XVApplications from other Countries and Regions

1. Any country within the Region, which is not an original party to this Agreement, mayapply to the Board through the Chairperson to become a party to this Agreement. Uponbecoming a party hereto the party shall be enti tIed to the benefits hereof and carry theresponsibilities connected with being a party to this Agreement.

2. A country shall not become a party to this Agreement under this Article unless itsapplication has been approved by a simple majority of the parties present at the meetingconsidering the application.

3. Where the Chairperson receives an application under this Article in the absence of theBoard meeting he/she shall:-

(a) give notice thereof to the parties and each party shall, within six weeks afterreceiving the notice inform the Chairperson, in writing, whether or not it approves theapplication, giving reasons wherever it withholds its approval;

(b) communicate the results thereof to the country, which made the application,and to the other parties and the Director of the Centre.

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4. Where an application made \mder this Article has been approved, the Chairpersonshall send a copy of this Agreement to the country, which made the application.

5. This Agreement shall enter into force with respect to a country, which becomes aparty to it under this Article on such date as shall be determined by the Board but within threemonths of depositing the instrument of participation.

ARTICLE XVIAffiliate Member

I. Any country not being of the Africa Region may apply for membership as an affiliatemember.

2. Affiliate members shall be admitted subject to compliance with the procedure ofadmission. The procedure of admission shall be determined by the Board on recommendationby the Director of the Centre.

3. Any country which is a member of the United Nations and any recognized regionalgrouping may become an affiliate member upon executing an instrument of membership. TheBoard shall determine membership fees payable by an affiliate member upon receivingrecommendations from the Director of the Centre.

ARTICLE XVIIAmendments and Revision

1. This Agreement may be amended or revised at any session of the Board by two-thirdsof the members present and voting.

2. Any proposal for an amendment or revision of this Agreement shall be submitted tothe Director at least ninety days before the opening of the session at which such proposal is tobe considered.

3. The Director shall communicate any proposal submitted to him under this Article toall members of the Board at least sixty days before the opening of the session at which suchproposal is to be considered.

4. Any amendment to, or revision of, this Agreement shall enter into force as from thedate of the decision by which the Board adopted it.

ARTICLEXVmSettlement of Disputes

1. Any dispute between any parties arising out of, or relating to this Agreement whichcannot'be settled by negotiation or other agreed mode of settlement between the parties shallconstitute a basis for renewed negotiations between the parties to the dispute.

2. . If the parties to the dispute cannot reach a settlement after the recommendation of theBoard, the dispute shall be referred to a panel of arbitrators consisting of:-

(a) one member selected by each party to the dispute from a country which is aparty to this Agreement~ and

(b) another member, who shall be the Chairperson of the panel, selected withinninety days by the members specified in sub-paragraph (a) hereof from a third country butbeing a party to this Agreement.

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3. Where the members fail under paragraph (b) of sub-article 2 of this Article to agreeupon the selection of the Chairperson of the panel arbitrators, he shall be selected by theBoard in the spirit of the provision of this Article.

4. The decision of the panel of arbitrators shall be final and binding upon the parties tothe dispute.

ARTICLE XIXRegistration with the OAU, UN and ADEA

The Government of the Republic of Malawi shall register this Agreement with the ExecutiveSecretaries ofOAU, Association ofDevelopment ofEducation for Africa, UNESCO, UN andits agencies and other regional groupings and international organizations within ninety daysafter its entry into force under Article XX.

ARTICLE XXEntry into force

I. This agreement shall enter into force on the day of signature.

(a) Subject to the provision of this sub-article, a party may at any time withdrawfrom this Agreement by submitting a written notice to that effect to the Chairperson whoshall, immediately after receiving the notice:-

(i) Communicate it to all the other members of the Board and to theDirector; and

(ii) acknowledge receipt thereof to the party withdrawing, stating the dateon which he received the notice.

(b) A party shall not withdraw from this Agreement until a period of five yearsshall have expired after its entry into force in accordance with this Article.

(c) Subject to the provisions of sub-article (b) hereof the withdrawal of a partyfrom this Agreement shall take effect one year from the date on which the Chairpersonreceived the notice of withdrawal from the party, and until that date such party shall continueto be bound by the Agreement.

(d) A party which withdraws from this Agreement shall be responsible to pay andsettle any obligations which shall have accrued against that party and become payable to theCentre.

(e) A party shall bc treated as a permanent member of the Centre and shallannually pay its membership fees as shall be determined from time to time by the Board.

ARTICLE XXILanguage ofInstruction

The Centre may use any approved language of instruction to achieve its objectives under thisAgreement. The Techllical Committee shall have powers to approve language of instructionsand shall advise the Director ofthe Centre.

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ARTICLE XXIIOther Languages

This Agreement shall be made in English, French and Portuguese languages.

This Agreement has been executed by respective governments in accordance with the powersconferred on the signatory by the named government.

IN WITNESS WHEREOF the undersigned, duly authorized, have affixed their signatures tothis Agreement for and on behalf of their respective governments.

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By: Khuze-KapetaBerhard & HarrisLaw ConsultantsPO Box 30651Chichiri, Blantyre 3MALAWITel: 624316

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