The Minister of Culture of Angola, Carolina Cerqueira, signed today, with the Deputy Director-General of UNESCO, Firmin Matoko, at the Organization’s headquarters in Paris, the Agreement on the holding of the Luanda Biennale – Pan-African Forum for the Culture of Peace in Africa.
The Agreement foresees the holding of the Peace Biennale in September 2019 and enshrines the tasks that UNESCO and the Angolan Executive will develop to hold the event, the first and second editions of which are scheduled to be held in Angola.
The signing event was attended by the Representative of Angola to the Permanent Mission of Angola to UNESCO, Ambassador Diekumpuna Sita José, the Secretary of the President of the Republic for Staff, Edson Barreto, the Deputy Director of the Strategic Planning Bureau, Mohamed Djelid , Head of the Partnerships Section with Member States, Jessica Jeavons, the Representative of the UNESCO National Secretariat in Angola, Nicolau Bubuzi and other senior officials from the Ministry of Culture, Foreign Affairs and UNESCO.
The Deputy Director General of UNESCO said that the signing of the meeting reinforces Angola’s partnership for the implementation of the Luanda Peace Biennial project. The Minister of Culture highlighted the need to create bridges between African countries for the joint effort to develop the continent.
The Agreement on the holding of the Luanda Biennial – Pan-African Forum for the Culture of Peace in Africa between the Executive of Angola and UNESCO was signed by the Minister of Culture in accordance with the Full Powers delegated by the President of the Republic and will be submitted to the scheduling at the next African Union summit.
Here is the full text of the Agreement:
«UNESCO and the Government, hereinafter jointly referred to as “The Parties”
CONSIDERING that the Government is aware that UNESCO aims to contribute to the maintenance of peace and security, strengthening, through education, science, culture and communication, collaboration between nations, with a view to ensuring universal respect for justice, of the law, human rights and fundamental freedoms for all, without distinction of race, sex, language or religion, which the United Nations Charter recognizes for all peoples;
CONSIDERING that the Government wishes to reinforce its cooperation with UNESCO by making funds available to implement activities related to the “Luanda Biennial Pan-African Peace Forum in Africa” Project;
CONSIDERING that the Director General of UNESCO is authorized, in accordance with the Financial Regulation, to receive funds from Governments to carry out activities in accordance with the objectives, policies and activities of UNESCO;
THE GOVERNMENT AND UNESCO AGREE AS FOLLOWS:
Article I
General conditions
1. The purpose of this Agreement is to support UNESCO’s activities relating to the project “Luanda Biennial Pan-African Forum for the Culture of Peace in Africa” whose detailed budget for the First Edition of 2019 is an annex to this Agreement.
2. The Government deposits an amount of 505,215 US Dollars into the UNESCO account.
a) Every Bank transfer must clearly indicate the purpose of this “Luanda Biennial, 2019 edition”;
b) This amount is intended to finance the direct costs of the project and to cover up to 9% of these direct costs, the management costs incurred by UNESCO for the technical and administrative supervision of the project;
c) At the end of the first edition of the Biennale, in 2019, UNESCO will carry out an assessment of its implementation, which will be submitted to the Government. UNESCO will also submit to the Government for consideration a proposal for the 2021 edition, including a provisional budget.
3. The funds are made available by the Government in accordance with the budget execution rules in force in the Republic of Angola and used in accordance with UNESCO rules and regulations, including the treatment of interest.
4. UNESCO may use the amount deposited to finance the direct costs of the project and the administrative support expenses mentioned above.
5. UNESCO opens a separate account for this project and records all income and expenses incurred within the framework of the project, as well as program support expenses. Taking into account that UNESCO’s accounts are in United States Dollars, deposits in other currencies are accounted for at the United Nations operational exchange rate in force on the date of the transaction or at the market rate in force at the time of transfer.
6. UNESCO submits biannual financial reports to the Government. As soon as possible after the end of the project, UNESCO submits to the Government a final financial report indicating the amounts eventually owed to the Government by UNESCO or to UNESCO by the Government. Any balance that remains in the project account after the execution of all obligations on behalf of the project is returned to the Government, unless otherwise decided by the Government. Financial reports are prepared in accordance with the approved budget model.
7. UNESCO presents the Government with annual narrative reports on the status of project implementation. Once the project is finished, UNESCO prepares a final report containing an evaluation of the project and its results.
8. The evaluation methods are those provided for in the attached project description and budget. UNESCO and the Government take the initiative for project evaluations and ensure organization and monitoring, in accordance with the approved project description and corresponding budget, as well as UNESCO policy and guidelines on evaluation. UNESCO consults the Government on the Terms of Reference for the assessment and invites it to participate in the assessment, within the framework of the project budget allocated for the purpose. UNESCO also invites the Government to formulate its observations on the draft assessment report. The Government may also carry out other evaluations of the project on its own initiative, assuming its own costs.
9. Funds made available by the Government are subject exclusively to the internal and external audit procedures set out in UNESCO rules, regulations and directives
Article II
Government Obligations
1. The Government has the obligation to ensure that the conditions are met to allow UNESCO to start the project, in accordance with the timetable set out in the Agreement, and to transfer the amount indicated to UNESCO’s account, in accordance with the modalities set out in paragraph 2 of article 1 .º described above.
2. The Government, when necessary, provides its assistance to UNESCO for the implementation of this project, in accordance with paragraph 1 of article 1 above.
Article III
UNESCO’s obligations
1. During the execution of the project, and within the scope of the estimated budget of 505,215 United States Dollars (of which 9% for project support expenses), UNESCO has the obligation to:
• Prepare the Report on the preparatory phase for the 1st edition of the Luanda Biennial so that it can be adopted by the Angolan Government, UNESCO and the African Union (January 2019).
• Assist the national team in implementing the 1st edition of the Luanda Biennial (September 2019).
• Prepare the evaluation of the implementation of the 1st edition and proposals for implementing the Biennale for this period (program, budget, partnerships and others).
• At the end of the project, the goods and equipment acquired under this Agreement revert to the benefit and preference of the Government, unless otherwise provided.
• Inform the Government in advance of the availability of any equipment, material or service that is not mentioned in the Concept Note
For the purposes mentioned in article 1 of this Agreement (See concept note attached).
2. UNESCO fulfills the obligations set out in paragraph 1 of this article, subject to the allocation of funds by the Government, in accordance with the rules and regulations of the Organization.
Article IV
Budget revisions, no-cost extensions and agreement amendments
1. Budget revisions that are necessary to facilitate the administrative handling of projects are carried out by the Office of Strategic Planning (BSP), in accordance with UNESCO rules and regulations and without requesting prior approval from the Government, on a case-by-case basis, if the budget review meets the following criteria: (a) the budget review relates to the expenditure categories targeted by the approved project Agreement; b) the budget review does not modify the projected results of a given project; c) the budget review does not require additional funding for the Government, (d) the accumulated adjustments between the amounts specified for the expenditure items set out in this Agreement, which do not represent more than ten percent (10%) of the total budget .
2. Budget revisions that do not meet the aforementioned criteria are subject to prior approval by the Government in accordance with number 3 below.
3. Any budget revision is notified to the Government in writing in the following narrative report.
4. No-cost extensions of the project implementation period, or the expiry date of the project budget code in the UNESCO financial system, necessary to facilitate the administrative handling of projects are carried out by the Bureau of Strategic Planning (BSP) in accordance with UNESCO rules and regulations, and without requesting the prior approval of the Government, provided that the no-cost extension covers a period not exceeding three months nor the duration of the Agreement.
Article V
Privileges and Immunities
1. The Government applies to UNESCO, its assets, funds and assets, as well as to its employees, experts and other persons who provide services on behalf of the Organization, the provisions of the Convention on the Privileges and Immunities of specialized institutions and their Annex IV, in particular, it is known that no restrictions can be placed on the right to enter, stay in and leave the country’s territory – a right enjoyed, without distinction of nationality, by UNESCO employees, experts and other people who provide services on behalf of of the Organization, within the framework of this project.
2. The Government undertakes to exempt equipment, materials, supplies and services necessary for the execution of the project from all taxes, duties and other fees.
3. The Government shall take the necessary measures to facilitate the activities carried out within the scope of this Agreement and grant to UNESCO and its staff or other persons providing services to the Organization, the necessary facilities for the rapid and effective execution of the project, granting them in particular the following rights and facilities:
(a) Prompt and free issuance of necessary visas, licenses or permits;
(b) Access to activity sites and all necessary rights of way;
(c) Freedom to enter the country’s territory, to leave and move around, to the extent necessary for the proper execution of the project;
(d) Official exchange rate;
(e) All necessary authorizations for the import of equipment, material and supplies provided for in this Agreement and for their subsequent export;
(f) All necessary authorizations for the import of goods belonging to UNESCO employees or other persons providing services on behalf of the organization and intended for their personal use and consumption, as well as for the subsequent export of these goods.
4. The Government responds to any complaint that third parties may make against UNESCO, its assets and its personnel or other persons providing services on behalf of the Organization, inhibits UNESCO, its assets, its personnel or these persons and releases them from all liability arising from activities carried out under this Agreement, unless UNESCO and the Government agree that these claims or liabilities result from the gross negligence or intentional failure of these personnel or persons.
Article VI
Final dispositions
1. This Agreement enters into force after signature by both Parties and receipt by UNESCO of notification from the Government regarding compliance with the internal formalities required for the entry into force of the Agreement, which will remain in force until 12/31/2022, and may be extended by mutual agreement between the Parties.
2. This Agreement may be terminated before the expected expiration date, by mutual consent, upon six months’ written notice by one of the two Parties, if the Parties consider that the intended cooperation cannot continue adequately or with the intended effectiveness .
3. In case of resolution in accordance with the previous paragraph, the Parties shall immediately proceed to consultations with a view to determining the most appropriate measures to be taken and to put an end to the operations carried out by UNESCO on account of this Agreement.
4. In any case, the Government authorizes UNESCO to fulfill any legal obligation that may have been incurred prior to the termination of the Contract in relation to personnel and other contractual services, supplies, equipment and travel.
5. Any modification of the Agreement, with the exception of budget revisions and extensions at no cost, as defined by article 4 of this Agreement, may be effected by written agreement between UNESCO and the Government.
Made in two original copies, in French and Portuguese. In case of divergence, the French version remains authentic.»