1. Scope and objectives

Transcription

1 Contract between Norwegian Ministry of Foreign Affairs (MFA) and Ain o Salish Kendra (ASK) regarding 'Strengthening Activism Towards Human Rights Culture in Bangladesh' ASK has in letter dated 18 April2012 requested MFA for financial support to a project titled ' Strengthening Activism Towards Human Rights Culture in Bangladesh', MFA has decided to comply with the request, and the two parties agree as follows: 1. Scope and objectives 1.1 This Contract sets forth the terms and procedures for MFA' s assistance to the project as outlined in the Agreed Project Summary in Annex I (the Project) and further described in the Project Document dated April2012 (revised version). The Norwegian Embassy in Dhaka (the Embassy) is, as a part of MFA, competent to act on behalf of MFA. All communication to MFA in regard to this Contract shall be directed to the Embassy. 1.2 The overall objective of the Project is that the Human Rights (HR) situation in Bangladesh is significantly improved. The Project aims to contribute to the establishment of a nondiscriminatory, democratic society where dignity, fundamental freedoms and rights of all citizens are guaranteed and in compliance with the Universal Declaration of Human Rights (UDHR), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Constitution ofbangladesh. 1.3 The Project intends to achieve the following four specific objectives (SO) by 2016: SO 1: HR standards and mechanisms are increasingly applied by the wider civil society. SO 2: Access to justice for disempowered people is enhanced. SO 3: Accountability of the state to ensure HR standards is enhanced. SO 4: The rights of working children are promoted. 2. Contributions of MFA 2.1 MFA shall, subject to Parliamentary appropriations, make available a financial grant not exceeding NOK 30,000,000 (Norwegian Kroner Thirty Million) (the Grant) to be used exclusively to finance the Project during the planned period Upon completion of the Project, any unutilised funds, including accrued interests, shall be returned to MFA, unless the Parties have agreed in writing upon the utilisation of such funds. 3. Obligations of ASK ASK shall: 3.1 Implement the Project on the basis of this Contract, approved budgets and work plans as well as the Project Document. Any revisions have to be agreed upon in advance in writing, Page 1 of9

2 3.2 effect purchases for the Project in such a manner as to obtain the most favourable terms with regard to price, quality, delivery date and maintenance facilities, and to keep the same insured, and be responsible for entering into agreement with partner organisations for the successful implementation of the Project, 3.3 meet all additional expenses that may be necessary for the completion of the Project including provide counterpart and other funding, 3.4 ensure that Project funds, which shall include any accrued interests, are properly accounted for, 3.5 keep MFA informed about plans for major organisational changes as well as keep MFA informed as to the name of the auditor of the Project, 3.6 provide copies to MFA of reports submitted to relevant authorities pertaining to the Project, 3. 7 promptly inform MFA in writing of any condition which interferes or threatens to interfere with the successful implementation of the Project, 3.8 guarantee that funds made available in accordance with this Contract are not used in violation of relevant UN conventions and resolutions of the UN Security Council, 3.9 ensure that representatives of Norway are permitted to visit any part of the Project for purposes related to the Contract and examin'e any relevant records, goods and documents. 4. Disbursements 4.1 Disbursements from the Grant shall take place upon semi-annual written requests from ASK based on the financial needs of the Project and, with exception of the first request, on approved work plans and budgets. The first disbursement will be made upon signing of this Contract and approval by MFA of a disbursement request from ASK. To justify the need for subsequent disbursement, requests shall be supported by an updated financial statement, showing the financial situation for ASK. A copy of the relevant approval from NGO Affairs Bureau (NGOAB) of the Government of Bangladesh shall be submitted along with the request. 4.2 When determining the amount to request, ASK shall take into account unspent disbursed amounts and income from all sources as well as any accrued interests. 4.3 Funds will be transferred upon MFA's approval of the request to the following Bank Account of Ain o Salish Kendra, which is approved by the NGO Affairs Bureau and as specified below: Account No , Swift Code: SCBLBDDX, Address; Standard Chartered Bank, Motijheel CIA, Dhaka ASK shall immediately, in writing, acknowledge receipt ofthe funds. The date of receipt shall be stated as well as the exchange rate applied. 5. Reporting 5.1 ASK shall submitthe following reports/documentation to MFA: An annual progress report for the period January-December within March each year, financial statements for the Project showing receipts/income and expenditures of the previous year as well as the cash/bank/financial position of the Project for the period January-December within March each year, Page 2 of9

3 a budget and work plan for the coming year within September each year with an updated revolving plan for the entire Project period, brief semi-annual progress reports and statement of accounts, covering the period January-June within September each year, the audited annual financial statements of the entire organization within March each year, a fmal report for the whole Project period, as well as audited financial statements from end of the previous audit until completion of the Project within June of the following year. 5.2 The annual progress report shall include the following information: a description of actual outputs compared to planned outputs a brief summary of the use of funds compared to budget an explanation of major deviations from the plan an assessment of the efficiency of the Project (a measure ofhow efficiently resources/inputs are converted into outputs) an assessment of problems and risks (internal or external to the Project) that may affect the success of the Project an assessment of the need for adjustments to activity plans and/or inputs and outputs, including actions for risk mitigation. a brief assessment of achievements in relation to purpose. The semi-annual progress reports shall be brief and shall focus on major deviations from plans. 5.3 The final report shall include the following information: The topics listed in Clause 5.2 above an assessment of the effectiveness of the Project, i.e. the extent to which the purpose has been achieved an assessment of impact which should take into account impact from the Project in general as well as impact from one or more randomly chosen interventions supported by ASK. Impact is understood as the changes and effects positive or negative, planned and unforeseen of the Project seen in relation to target groups and others who are affected an assessment of the sustainability of the Project, i.e. an assessment of the extent to which the positive effects of the Project will still continue after the external assistance has been concluded a summary of main "lessons learned". 5.4 MFA shall respond in writing within three weeks after the receipt of the reports and documentation. Page 3 of9

4 6. Audit 6.1 The annual financial statements of the Project shall be audited by an independent and recognized professional accountant (auditor) acceptable to MFA. The audit shall at least cover the issues mentioned in the Terms of Reference in Annex II to the Contract. 6.2 ASK shall submit to MFA the audit report and the management letter and any other report from the auditor significant to the implementation of the Project within March each year. ASK shall comment upon the auditor's findings, and MFA shall respond within three weeks upon receipt of the report. 6.3 MFA may appoint an independent auditor to undertake audit if deemed necessary. 6.4 Audits may also be carried out by the Norwegian Auditor General as and when deemed necessary. The cost for such audits shall be covered over and above the Grant. 7. Meetings and reviews 7.1 Formal meetings shall be held bi-annually within April and October each year unless otherwise agreed in writing. The meetings shall be called and chaired by ASK. The purpose of these meetings is to discuss the progress of the Project, including results and fulfilment of agreed obligations, to discuss and, if feasible, approve documentation submitted according to Article 5, as well as to discuss issues of special concern for the implementation of the Project, e.g. risk management. Central elements of the discussion and all decisions from the consultations shall be recorded in agreed minutes prepared by ASK and submitted to MFA within 15 days of the meeting. 7.2 ASK shall, to the extent possible, facilitate MFA's access to reviews and evaluations that examines relevant aspects of ASK and its activities, whether funded by MFA or not. MFA shall further be given the opportunity to meet at least once with the team(s) conducting such review(s). 7.3 MFA reserves the right to carry out independent reviews or evaluations of the Project as and when MFA deems it necessary. ASK shall extend its full co-operation to person(s) carrying out such review(s). The cost for such reviews will be covered by funds over and above the Grant. 8. Corruption The Parties declare their commitment to counteract corrupt practices in the execution of the Contract. Further, the Parties commit themselves not to accept, either directly or indirectly, as an inducement or reward in relation to the execution of the Contract, any kind of offer, gift, payments or benefits, which would or could be construed as illegal or corrupt practice. The Parties shall immediately inform each other of any indication of corruption or misuse of resources related to the Project, and undertake to take rapid legal action to initiate investigations of and prosecution against, in accordance with applicable law, any person suspected of corruption or misuse of resources related to the Project. 9. Breach of contract 9.1 If ASK fails to fulfil its obligations under this Contract, or if any major organisational changes are found to be contradictory to the objectives ofthe Project, MFA may, upon consultations with ASK cancel this Contract and/or claim repayment or withdraw the total or a portion of the funds provided to the Project. 9.2 MFA may cancel this Contract or portion ofthis Contract with immediate effect if it determines that corrupt or fraudulent practices were engaged in by representatives of ASK or of a beneficiary of the aid funds without ASK having taken timely and appropriate action satisfactory to MFA to remedy the situation. Page 4 of9

5 10. Entry into force- Termination- Disputes 10.1 This Contract shall enter into force on the date of its signature, and shall remain in force until both Parties have fulfilled all obligations arising from it. Whether these obligations shall be regarded as fulfilled, shall be determined in consultation by the Parties Notwithstanding the previous clause, each Party may terminate the Contract upon three months' written notice In case of termination of the Contract ASK shall exert its best efforts to bring the Project to an end in a rapid, orderly and economical manner as to the use of the funds from MFA. ASK shall not commit the Project financially from the date of the receipt of the notice of termination. Any unspent funds not committed by the date of the receipt of the notice of termination, shall be returned to MFA without delay If any dispute arises relating to the implementation or interpretation ofthis Contract, the Parties shall consult with a view to reaching a solution. Any disputes that cannot be solved amicably shall be referred to the competent Bangladesh court and settled in accordance with Bangladesh law. The court venue shall be in Dhaka. This Contract is drawn in duplicate with one copy for ASK and one for MFA. Dhaka,!August 2012 For the Norwegian Ministry of Foreign Affairs Ragne Birte Lund Ambassador Dhaka, 1 August 2012 For Ain o Salish Kendra ( ~~.~-~ """"""'" Sultana Kamal Executive Director Annex 1: Agreed Project Summary Annex II: Terms of reference for audit Page 5 of9

6 Annex I Agreed Project Summary Identification of the Project: Project Title: Strengthening Activism Towards Human Rights Culture in Bangladesh Implementing institution: Ain o Salish Kendra (ASK) Description of the Project: The overall objective of the Project is that the Human Rights (HR) situation in Bangladesh is significantly improved. The Project aims to contribute to the establishment of a non-discriminatory, democratic society where dignity, fundamental freedoms and rights of all citizens are guaranteed and in compliance with the Universal Declaration of Human Rights (UDHR), Convention on the Elimination of All Forms of Discrimination Against Women (CEDA W) and the Constitution of Bangladesh. The project has the following four specific objectives (SO): SO 1: By 2016, HR standards and mechanisms are increasingly applied by wider civil society. SO 2: By 2016, Access to justice for disempowered people is enhanced. SO 3: By 2016, accountability of the state to ensure HR standards is enhanced. SO 4: By 2016, rights of working children are promoted. Outcome: As described in details in the Project Document, ASK will work to achieve the following results by the end ofthe Project (December 2016): OUTCOME I: By 2016, HR actors in the working area are more capable to ensure HR standards as well as gender and social justice for disempowered people. Output 1 : Relevant local actors at grass roots level are capacitated to increase awareness on HR. Output 2: Develop capacity of civil society organizations to address HR violations. Output 3: Transform partner NGOs into HR focused organizations. Output 4: Community Based Organizations (CBOs) are made functional in claiming their rights. Output 5: Build community women's capacity to ensure participation in decision making processes. Output 6: Human Rights lawyering promoted and support to CBOs enhanced. OUTCOME2: By 2016, access to legal aid services have increased for disempowered people. Output I: Legal redress facilitated by ASK through Alternative Dispute Resolution (ADR) and emergency action. Output 2: Legal assistance to the disempowered through litigation is provided. Output 3: Support system is established for survivors of violence and HR violations. Output.4: Psychosocial assistance for survivors of violence and HR violation is facilitated. Output 5: Outreach Legal Aid Services are provided and made accessible to the disempowered. OUTCOME3: Outcome 3.1: By 2016, the overall HR situation is systematically monitored and findings are nationwide accessible. Output 1: Information on HR situation documented and disseminated. Output 2: HR activists groups formed and capacitated to monitor and respond local level HR violations. Output 3: Violations ofhr (at local and national level) are systematically monitored and addressed. Outcome 3.2: By 2016, GoB is increasingly engaged to improve HR situation through legal reforms and actions. Output 1: Advocacy initiated to facilitate high courts directions on progressive HR issues. Page 6 of9

7 Output 2: Prepare documentary evidence and policy briefs for advocacy and raising awareness of public officials. Output 3: Defective laws, policies, and practices are identified and addressed. Output 4: UNHRC, HR bodies including international and regional NGOs/networks and media are sensitized and responsive to promote and protect HR in Bangladesh Output 5: Increased number of grass-roots level HR complaints filed with the NHRC. OUTCOME4: By 2016, working children's access to education, health, social services increased. Output 1: Awareness building of working children on child rights in selected areas. Output 2: Provide support to street-based working children for shelter, food, education and health and to child domestic workers. Output 3: Awareness raising of employers and community members on child rights. Output 4: Provide opportunity to working children to life skills training/education. Output 5: Awareness on Child Rights related laws and policies is facilitated at local and national level. Inputs: Staff and facilities of ASK; Project Funds: approximate total budget in local currency is BDT 780 million (NOK 65 million); Technical assistance: No separate funds for technical assistance will be provided from Norway. The revised Project Document has indicated some budgetary provision targeting institutional development, strategic visioning workshop and implementation of results based management etc. Additional technical assistance for a comprehensive institutional reform, monitoring and evaluation support may be available from other development partners (as indicated by SDC, Sida). Terms ofreferences shall be shared with all development partners of ASK. Major risk factors (internal and external): ASK' s Project Document has mentioned some challenges along with its suggested mitigation measures, such as: (i) political, (ii) environmental and social, (iii) internal risks, as may be summarized below: Risks ASK's Mitigation measures Political: Measures by the government, e.g. revision ASK shall continue to maintain a nonof the existing legal framework to exert partisan character. With strict neutrality in more control over NGOs; blocking of funds its operations, ASK expects to establish by the NGO Affairs Bureau; interference by transparent work relations with national intelligence agencies. ASK may also face bodies, local administration and with bureaucratic resistance towards rights and international community. governance issues. Risk level~ medium. Pressure from the political/religious groups The existing process of continuous and to prevent the government from ratifying effective engagement with different actors international declarations and treaties from the civil society, government and the protecting rights of women, religious and international community will be ethnic minorities and thereby delaying its strengthened. translation into relevant national laws. Risk level~ medium. Government may follow window-dressing ASK, along with civil society politics and may not provide required and organizations and media, intends to have sufficient support (personnel, financial, strong vigilance over these issues and infrastructure) to the institutions like produce annual performance report cards. National Human Rights Commission ASK will also put pressure on the (NHRC) or Right to Information government to provide necessary policy, Commission (RTIC). Risk level~ high. finance and capacity building support. Environmental and Social: Page 7 of9

8 Bangladesh regularly faces natural calamities like severe floods, storms and cyclones. These affect the livelihood of stakeholders in some areas (CBO members, theatre groups) which may not allow targeted group/beneficiaries to take part in the program activities temporarily. Risk level~ low. Internal: ASK has experienced high staff turnover and frequent dropout at entry level. Past experience shows that ASK has not been able to remain an attractive employer. ASK will continue to face the difficulty of securing and maintaining good human resources. Risk level~ low. ASK PNGOs have targeted income generating scheme for the rural population in the field of education, health including micro-credit. ASK will continue to encourage its partners to work for affected groups, so that they can revert back quickly. As an immediate measure, ASK tries to fill vacancies from its waiting list. ASK goes for fresh recruitment m case of nonavailability of suitable candidate. Meanwhile, other staff members are committed to share the extra load in times of need. As suggested in the recent review and appraisal (2012), ASK expects to review salary structure m the new programme. Main indicators: ASK will carry out routine monitoring against an agreed framework of indicators as described in the Log frame of the ASK Project' Document. Budget summary: MFA will contribute to this pool-funded Project up to NOK 30 million. An outcome-level budget breakdown and the overall financing plan are summarized below: r SUMMARY BUDGET FOR Outcomes Total (BOT) By 2016, HR actors are more capable to ensure HR standards, gender and social justice for disempowered people By 2016, access to legal aid services are increased for disempowered people By 2016, overall HR situation is monitored and findings made accessible to all By 2016, GoB is increasingly engaged to improve HR through legal reforms, actions By 2016, working children access to education, health, social protection services are increased Program Personnel Cost Investment Cost (Furniture, Equipment, Book, Vehicle} Institutional Development Program Management and support Institutional Development Personnel Cost Logistics Total in BOT (Bangladesh Currency) Contributions from the donors' are as expected below (indicative foreign currency amounts): MFA: NOK 30,000,000 Embassy of Denmark: DKK 9,000,000 Embassy of Sweden: SEK 10,000,000 Embassy ofswitzerland/sdc: CHF 900,000 Oxfam NOVIB: EURO 150,000 NETZ: EURO 630,000 Page 8 of9

9 Annex II Terms of Reference for audit The auditor shall carry out the audit in accordance with any national legislation for NGOs as well as with international standards on auditing. The objective of the audit is to audit 1) the annual fmancial statements of the Project as defined in Annex I to this Contract as well as 2) compliance with certain contractual obligations. The auditor shall be given a copy of the present Contract. The audit report(s) shall state the auditor's opinion/findings as to: Whether the financial statements and the cash/bank/financial position present fairly, in all material respects, the income and expenditures of the Project in accordance with an acceptable financial reporting framework; whether the audit has uncovered any material weaknesses in relevant internal control(s); whether the funds have been deposited in a separate bank account in the name of the organisation and that accrued interest are reflected in the statement from the bank; whether the audit has uncovered any illegal or corrupt practices; whether receipts/income and expenditures are properly accounted for; whether the funds from other donors have been made available according to the budget and agreed document. The above list does not preclude the organisation or the auditor from addressing further issues. The auditor shall also, if the auditor deems it warranted based on findings during the audit, submit a management letter to the organisation upon completion of the audit. The report should address deficiencies noted in the system of internal control. Page 9 of9