PARIS, 5 October 2007 Original: English

Transcription

1 Executive Board Hundred and seventy-seventh session 177 EX/66 PARIS, 5 October 2007 Original: English Item 66 of the agenda PROPOSAL FOR THE ESTABLISHMENT OF AN INTERNATIONAL CENTRE ON HYDROINFORMATICS FOR INTEGRATED WATER RESOURCES MANAGEMENT AT ITAIPÚ BINACIONAL, AS A CATEGORY 2 CENTRE UNDER THE AUSPICES OF UNESCO SUMMARY In response to an initial proposal by the Governments of Brazil and Paraguay for the creation of an international centre on hydroinformatics as a category 2 centre under the auspices of UNESCO on its territories, the 17th session of the Intergovernmental Council of the International Hydrological Programme (IHP) (Paris, July 2006) adopted Resolution XVII-4 welcoming the establishment of the centre and requesting UNESCO s assistance in preparing the necessary documentation to be submitted to UNESCO s governing bodies. A UNESCO mission was undertaken to Brazil and Paraguay in June 2006 in order to assess the feasibility of establishing the proposed centre. The Federative Republic of Brazil and the Republic of Paraguay submitted to UNESCO an official proposal for the establishment of the international centre on hydroinformatics in Itaipú Binacional (Brazil and Paraguay) under the auspices of UNESCO in June The present document consists of a report by the Director-General assessing the feasibility of the proposal, supplemented by annexes containing Resolution XVII-4 of the Intergovernmental Council of IHP and the proposed draft agreement of the centre. The evaluation of the centre was done in conformity with document 33 C/19 relating to the principles and guidelines for the establishment and functioning of UNESCO institutes and centres (category 1) and institutes and centres under the auspices of UNESCO (category 2), as approved by the General Conference in 33 C/Resolution 90. Decision proposed: paragraph 20.

2 INTRODUCTION 1. The Governments of the Federative Republic of Brazil and the Republic of Paraguay have proposed the establishment of the international centre on hydroinformatics 1 at Itaipú Binacional (Brazil and Paraguay), as a category 2 centre under the auspices of UNESCO. This document outlines the background and nature of the proposal and the foreseeable consequences of the creation of this centre, especially with regard to the benefits that the centre will bring to Member States and the centre s relevance to UNESCO s programme. In accordance with the relevant resolution of the General Conference (33 C/Resolution 90) concerning the principles and guidelines for the establishment and functioning of UNESCO institutes and centres (category 1) and institutes and centres under the auspices of UNESCO (category 2), the views of, and a decision from, the Executive Board are sought that would allow the continuation of the process for the establishment of the centre under the auspices of UNESCO. 2. The freshwater resources of the planet are exposed to intense pressure due to the need to provide food for a growing population and to satisfy its water supply, sanitation and energy needs, with the commitment of protecting water resources and the environment to ensure sustainability. Integrated water resources management (IWRM), buttressed by appropriate policies for the protection of the environment, is viewed as the way to face this challenge. Computer sciences have a fundamental role in this regard, mainly because sound water resources planning and management require an enormous quantity of information and data which cannot be manually processed. 3. The large amount of information and data that needs to be assessed and processed for IWRM within different water uses makes computer sciences indispensable. However, the availability of and access to water information and data in many regions is still insufficient. Likewise, the human and institutional capabilities for addressing this problem are also insufficient either in quantity or in quality. Furthermore, software availability and accessibility, and the organization and content of databases, are usually inadequate in most of the developing and underdeveloped countries. At the same time, there is not a specialized centre easily accessible to Member States dealing with the systems approach involved in holistic IWRM through the application of new hydroinformatics tools. These circumstances and the need to support IWRM, especially in developing countries, support the creation of a centre on hydroinformatics. 4. One of the three strategic thrusts of the Medium-Term Strategy for is especially relevant to the proposal presented by the Governments of Brazil and Paraguay, namely the promotion of participation in the knowledge society through capacity-building and sharing of knowledge. The strategic objectives adopted for science include enhancing scientific, technical, and human capacities. 5. The Millennium Development Goals (MDGs) and the Johannesburg Plan of Implementation require Member States to address sound water management as a priority if the goals are to be met according to schedule. Hydroinformatics has emerged as a necessary tool to help achieve these goals. 6. The IHP Phase VI ( ) plan includes a number of themes and focal areas that focus on water-management issues, and hydroinformatics is an essential tool to support related actions. The IHP-VII ( ) draft strategic plan considers the need to continue addressing integrated water management for the success of the programme. 7. Itaipú Binacional, 2 the hosting organization, is a binational public enterprise having a corporate character, established by a bilateral agreement between the Governments of Brazil and 1 2 Hydroinformatics consists of the application of information and communication technologies, combined with natural and social science disciplines, to address problems of water systems. The official document Legal Nature of Itaipú Binacional states that it constitutes a juridically international firm, consisting of a juridical person emerging from the field of international public law, due to being the result of a Treaty, with the vocation and the specific objective of developing industrial activity, as the concessionaire of an international public service, common to two States.

3 page 2 Paraguay, with its own legal status. One of the objectives of Itaipú Binacional is to promote and to strengthen hemispherical, regional and international cooperation. Besides being an important electrical power producer in South America and in the world, Itaipú Binacional has one of the most complete regional environmental programmes, in which community participation is remarkable. Itaipú Binacional contributes to the conservation and protection of the Santa María biodiversity zone of Iguaçu National Park, a UNESCO World Heritage site. 8. Anticipating the formal process towards the creation of the centre, the Memorandum of Understanding between UNESCO and Itaipú Binacional, approved at the 174th session of the Executive Board (174 EX/Decision 11), and signed by UNESCO and the Brazilian and Paraguayan authorities of Itaipú Binacional on 5 July 2006, states in Article 2 Potential joint activities, numeral : carry out joint efforts for the establishment of a centre for the development of hydroinformatics for the advancement of methodologies and analytical tools for integrated water resources management applicable to river basins in different settings and regions which may be used by the local, national or international authorities concerned. Consequently, the proposed centre will in no way affect the autonomy of the relevant decision-making authorities of the Member States with respect to river-basin management plans making use of tools provided by the centre. 9. Furthermore, the Sixth Meeting of the IHP National Committees of Latin America and the Caribbean held in Montego Bay, Jamaica in October 2005 issued a decision expressing the regional support for the creation of the proposed centre. 10. Following Brazil and Paraguay s submission of a proposal 3 to establish an international centre on hydroinformatics, at the 17th session of the IHP Intergovernmental Council (Paris, July 2006), Resolution XVII-4 Creation of an International Centre on Hydroinformatics for Integrated water resources management at Itaipú Binacional under the auspices of UNESCO (category 2) was adopted (see Annex I). In the resolution, the Council welcomed the proposal, recognizing the increasing importance of hydroinformatics in improving and modernizing water resources management. Member States and institutes and centres under the auspices of UNESCO that address relevant water issues were invited to lend active support to the proposed centre. 11. In fulfilment of the actions called for by Resolution XVII-4, a UNESCO mission was undertaken to Brazil and Paraguay in June The main findings were as follows: There was ample access to high-level authorities and institutions in Brazil and Paraguay, such as the Ministry of the Environment of Brazil and the Ministry of the Environment and the Ministry of Foreign Affairs of Paraguay. Support for the creation of the regional centre on hydroinformatics under the auspices of UNESCO was evident from all the above-mentioned ministries, as well as from other concerned parties such as the National Water Agency and the Agency of Cooperation of Brazil, the Asunción National University of Paraguay and Itaipú Binacional. The commitment on the part of the Brazilian and Paraguayan Governments was reflected in actions already carried out and represents solid support for the start-up period of the centre. The Governments of Brazil and Paraguay have agreed to establish the centre to be hosted by Itaipú Binacional at existing Itaipú Technological Park facilities in both countries. Itaipú Binacional has pledged its support to the centre through Itaipú Technological Park (PTI, its Spanish acronym). The latter is a well established institution, which has already achieved concrete progress in providing the basis for regional and international 3 Available upon request from the IHP secretariat.

4 page 3 cooperation. The PTI is a scientific, educational and laboratory complex that constitutes a regional reference centre for Argentina, Brazil and Paraguay. The PTI already has ongoing work with universities and small- and medium-sized companies which have settled down in the park. The work is developed through a group of programmes and projects related to computer sciences, environmental management, community education and the development of human resources. The experience acquired by Itaipú Binacional in the field of hydroinformatics will benefit the centre, especially in the early years of its development. (d) The discussions with the Brazilian and Paraguayan authorities resulted in a schedule of actions describing the manner and timing for the possible establishment of the centre under the auspices of UNESCO, culminating with submission to the 34th session of the General Conference of UNESCO in October 2007, with the formal opening of the centre expected in In June 2007, the Governments of the Federative Republic of Brazil and the Republic of Paraguay formally submitted to UNESCO a detailed proposal for the establishment of the international centre on hydroinformatics in Itaipú Binacional (Brazil and Paraguay) under the auspices of UNESCO. Furthermore, Brazilian and Paraguayan representatives from Itaipú Binacional participated as observers in the Meeting of Directors of UNESCO s Water-Related Centres in Delft (11-12 June 2007), specifically devoted to discussing the joint cooperation strategy for UNESCO s water-related institutes and centres. CONSIDERATION OF THE FEASIBILITY OF THE PROPOSED CENTRE Overview of the proposal 13. The proposal made by the Governments of the Federative Republic of Brazil and the Republic of Paraguay has endeavoured to address in detail the requirements specified in document 33 C/19 Principles and guidelines for the establishment and functioning of UNESCO institutes and centres (category 1) and institutes and centres under the auspices of UNESCO (category 2). Among the most relevant aspects are the following: Objectives: the objectives of the centre are: (i) (ii) (iii) (iv) to articulate and promote scientific research on hydroinformatics issues in water sciences; to train and promote knowledge of hydroinformatics in water sciences and water management; to develop and support hydroinformatics tools in water sciences and sustainable water management; to promote and facilitate technology transfer in hydroinformatics-related issues. Functions: The functions of the centre emphasize contribution to the improvement of the quality of life in Member States within the framework of sustainable development. This will be done by creating strategies to solve water-related problems through water sciences support based on tools provided by hydroinformatics. The centre will develop activities in support of water-sciences and related issues, including cross-cutting and interdisciplinary themes for environmental, technological, sociological and economic applications. The international centre will accomplish capacity-building and hydroinformatics development objectives, and will develop tasks in order to meet the demands of the UNESCO Member States.

5 page 4 Structure and legal status: The centre will be hosted as an independent binational and non-profit entity by Itaipú Binacional, having legal personality and established by the specific legal instruments of the two countries (as done with the Itaipú Binacional Treaty) and constituted in accordance to the Agreement with UNESCO; the centre is conceived as an institution that will serve as a coordinator, adviser, and catalyst for networking, by using regional capacities and taking advantage of the experiences of different sectors and institutions, including groups of researchers, universities, and governmental and non-governmental organizations. Its structure should involve: (i) (ii) Governing Board: The Governing Board will be composed of a representative of both Governments of Paraguay and Brazil, one representative of each institution member of the Paraguayan and Brazilian IHP National Committees, as well as a representative of the Director-General of UNESCO, representatives of the Paraguayan and Brazilian Itaipú Directors-General, and a representative from an institution financially supporting the centre. The Board will have all the powers required to oversee and decide on all matters of the centre. Secretariat: The body in charge of executing the activities of the centre will be composed of two Executive Directors and the necessary staff for its proper functioning. The two Executive Directors shall be appointed by the Chairperson of the Governing Board in consultation with the Director-General of UNESCO. During the start-up period of the centre, the Executive Directors may be employees of the Itaipú Binacional. After that period, the posts would be advertised for international competition. (iii) The centre shall enjoy, in Paraguay and in Brazil the personality and legal capacity necessary to exercise its functions, according to the legislation in force in both countries, in particular the capacity to contract, institute legal proceedings, acquire and dispose of movable and immovable property. The process of formalization of the legal personality of the centre shall be carried out after approval by UNESCO of the Agreement for the establishment of the category 2 centre. The Constitution of the centre shall include provisions concerning: Legal status granting to the centre, under national legislation of the two countries, the autonomous legal capacity necessary to exercise its functions and to receive subventions, obtain payments for services rendered, and acquire all necessary means. A governing structure for the centre allowing UNESCO representation within its governing body. (d) Financial matters: Both governments will make the necessary arrangements, and will guide Itaipú Binacional, in accordance with the corresponding national legislation in force, so that the centre may receive the financial, material and human resources to allow its functioning. Furthermore, governmental staff could be temporarily assigned to the international centre to support its functioning. The international centre will cover its own administrative costs. Likewise, the centre will be able to receive funds from UNESCO Member States, from Itaipú Binacional, and other governmental and nongovernmental national and international entities. UNESCO may only contribute financially to concrete activities/projects of the centre if those are considered to be in line with UNESCO s programme priorities. However, UNESCO will not provide financial support for administrative or institutional purposes. Furthermore, the centre may require the support of UNESCO in securing additional resources from UNESCO Member States and other regional and international organizations.

6 page 5 (e) Areas of cooperation with UNESCO: The cooperation to be developed between UNESCO and the international centre will contribute to the development of hydroinformatics solutions to solve water-related issues such as: (i) (ii) (iii) (iv) (v) (vi) water-related scientific research in hydroinformatics; development of hydroinformatics tools for water sciences and sustainable water management; dissemination of research results through courses, seminars, conferences, and periodic publications; knowledge- and information-sharing with other countries and regions; strengthening of activities with academic institutions at national and international levels in order to foster effective cooperation; promotion of networks to facilitate and coordinate technical activities; (vii) technical assistance to and cooperation with Member States on hydroinformatics. (f) Today the proposed centre has operational infrastructure facilities in both the Paraguayan and Brazilian sides of the Parque Tecnologico (Technological Park). The offices are equipped with computers, a server and the necessary equipment and furniture. Furthermore, the future centre has been assigned in both these facilities a secretary and technical staff (programmer, data analyst, other). A noted expert in hydraulic modelling has been assigned to work as technical coordinator of CIH. Itaipú Binacional requested the Board of the PTI Foundation to define and implement an executive action programme reflecting the goals and objectives of the future international centre in order to acquire the necessary institutional and human-resources capabilities to undertake the operation of the centre as soon as the legal procedures for its establishment are concluded. To this end, a series of activities are being currently carried out by the PTI Foundation such as offering consultation services on databases, information-sharing through the Internet and software development. In this regard, the PTI Foundation supervises and provides technical support to Rede Globo Television in the elaboration and dissemination of a tele-course on integrated water-resources management. The PTI Foundation is carrying out this activity under a US $600,000 contract. The PTI Foundation is also involved in various activities developed in the HELP Programme pilot basin of Sao Francisco Verdadeiro, the major tributary feeding directly the Itaipú reservoir. In addition, the centre is coordinating the case study of the Rio Toledo groundwater system as part of the project Water Programme for Environmental Sustainability: Towards Adaptation Measures to Human and Climate Impacts part of a UNESCO-IHP activity financed by the Italian Government. This pilot project will also become a demonstration site for the GRAPHIC (Groundwater Resources under the Pressures of Humanity and Climate) Project to be launched in Latin America before the end of It is expected that the international centre will be financially autonomous with an initial contribution from the Governments of Paraguay and Brazil, through Itaipú Binacional, which will consist of the basic infrastructure and basic human resources for the administration and technical coordination. The contributions are the following: annual funding for the centre s operational expenses (six years): $240,000; existing infrastructure and facilities: approximately $100,000; technological equipment: estimated $120,000;

7 page 6 technical coordination staff appointed to the centre for six years annually: $250, Relationship between the activities of the centre and UNESCO s objectives and programmes: UNESCO s involvement at the forefront of freshwater science, education and training for the benefit of Member States represents a long-term commitment. Since 1975, UNESCO has provided the secretariat of IHP, the only water-related scientific and educational programme within the United Nations system. The proposed centre seeks to accomplish this mission from the hydroinformatics perspective. UNESCO established the International Hydrological Programme with the objective of fostering water knowledge and sustainable water management in the region and worldwide. Within this framework, the establishment of regional and international centres addressing research and development on water-related issues has been promoted, supported by multilateral agencies and developed countries. This centre aims to be a specialized institution on hydroinformatics, favouring development and knowledge exchange in this field, and helping ongoing IHP activities by supporting the development of hydroinformatics systems for a better understanding of water problems, especially in critical regions. The seventh phase of IHP ( ) envisages an important component related to integrated water resources management, and development of capacities for basin management. In this sense, the tools and technical developments that the centre will produce, will contribute to meeting the aims of this phase. The creation of an international centre focusing on hydroinformatics thus complies with the objectives set and with the programmes foreseen by UNESCO in freshwater for the coming biennium, and in the medium term. 15. Regional or international impact of the centre: Coverage: Geographically, the activities of the centre relate to all the Member States, especially those that require significant hydroinformatics advances in the water sciences, and those willing to contribute to and benefit from the centre. Potential impact: The centre would constitute a valuable contribution towards the development of computational tools to support different activities within the field of water sciences. While promoting the development of the different water uses and the integrated water resources management, a significant amount of data and information needs to be assessed and processed, making computer tools an essential need. Technical cooperation: Technical cooperation with other established or proposed institutes and centres which are part of UNESCO or placed under its auspices, including the UNESCO-IHE Institute for Water Education in Delft, can provide the Member States with applicable knowledge of considerable value. Other relevant international and regional agencies and scientific NGOs can be linked to the centre through UNESCO. As indicated, the centre will work in close cooperation at the technical level with Itaipú Binacional, while developing technical links with other national and international institutions. 16. Results expected from UNESCO s contribution: Role of the centre in executing the Organization s programme: As pointed out in paragraphs 3, 5, 6, 13, 14 and 15 of this document, the centre fits well with UNESCO s objectives in general and with the freshwater programme in particular. It can be an

8 page 7 effective means of carrying out a great number of activities specified in IHP-VI and planned for IHP-VII, particularly activities related to integrated water resources management, especially in developing countries. The interest of the governments of Brazil and Paraguay and their commitment to support the centre, both financially and logistically, as assessed by the UNESCO staff mission, provides a solid basis for launching the centre and an expectation that the activities assigned to it will be carried out successfully. The centre will complement existing UNESCO international and regional water-related centres, as it is the first international initiative working on hydroinformatics. Potential impact of UNESCO s contribution on the centre s activities: The assistance of UNESCO is necessary to the centre for two reasons: (i) (ii) UNESCO s linking function with the centre by providing a mechanism for different institutions to interact with it, transferring technologies and exchanging knowledge. The partners of the centre will include Member States, international organizations, financing agencies, governmental and non-governmental organizations, and other relevant worldwide partners within the field of water resources; UNESCO s role as a bridge to other countries, international organizations and relevant NGOs working on sustainable water resources management issues is essential for the successful exposure of the centre. It is unlikely that another international organization would be able to provide the range of support needed in order to maximize its viability: an international freshwater scientific programme with a broad, existing network, norms and practical experience for the establishment of international centres and the necessary moral authority and convening power to make a difference on the international scene. Likewise, there would be a net gain in visibility for UNESCO in the region and worldwide with respect to integrated water resources management. 17. Summary evaluation of the proposal submitted: (d) (e) From the previous paragraphs it is clear that the establishment of the centre is fully in line with UNESCO s objectives and programmes, and that the centre would contribute to the execution of the freshwater programme of UNESCO, while UNESCO s aegis is necessary for the centre s regional standing and development. The strong support shown by the Brazilian and Paraguayan Governments for the creation of the centre is a favourable precondition, as is the commitment by the governments to further support the centre, both financially and logistically through Itaipú Binacional. Integrated water resources management was an important component of IHP-VI, which includes significant actions targeting water-management issues, for which hydroinformatics is an essential support tool. Also, the documentation prepared during the initial stages of preparation of the IHP-VII ( ) considers the need to continue addressing integrated water management for the programme s success. Moreover, the Intergovernmental Council of IHP has supported the establishment of the centre through the decisions of the 17th session of the IHP Council. The proposed institutional structure of the centre is compatible with the guidelines of documents 21 C/36 and 171 EX/18. UNESCO-IHP expects to associate the centre with some of the relevant activities of its programme for the biennium, achieving a twofold effect: supporting the

9 page 8 start-up period of the centre while having the centre contribute to the execution of IHP s biennial programme. (f) The risks that UNESCO would incur in the establishment of the centre would be low, in view of the official support it is receiving from the Brazilian and Paraguayan Governments, and the adequate initial installed capacity at Itaipú Binacional. The points cited above indicate that the viability of the proposed international centre on hydroinformatics in Brazil and Paraguay at Itaipú Binacional under the auspices of UNESCO is high, and that UNESCO s governing bodies should give it due consideration. 18. A draft agreement is attached (Annex II) that addresses the legal, managerial and administrative aspects of the proposed centre. The draft agreement for the proposed international centre on hydroinformatics has been elaborated through a process of consultation between the Brazilian and Paraguayan authorities, and the UNESCO Secretariat. Given the formalities that will ensue in both countries for the creation of the Centre once the agreement is concluded, the Governments concerned should ensure that they will transmit to UNESCO all the relevant information concerning its creation after the Centre has been established. 19. The Director-General welcomes the proposed establishment of the international centre on hydroinformatics in Brazil and Paraguay at Itaipú Binacional. He recognizes that the establishment of such an international centre under the auspices of UNESCO could only be of benefit to UNESCO, and to Brazil and Paraguay. Furthermore, it would be in line with the strategy for institutes and centres under the auspices of UNESCO (category 2) as presented in document 33 C/19 and approved by 33 C/Resolution 90. Draft decision proposed 20. In the light of the above report, the Executive Board may wish to consider a decision along the following lines: The Executive Board, 1. Recalling 21 C/Resolution 40.1 and 171 EX/Decision 23, 2. Further recalling Resolution XVII-4 adopted at the 17th session of the Intergovernmental Council of the International Hydrological Programme (IHP) in July 2006, 3. Having examined document 177 EX/66 and its annexes, 4. Welcomes the proposal of the Governments of the Federative Republic of Brazil and the Republic of Paraguay to establish the international centre on hydroinformatics under the auspices of UNESCO at Itaipú Binacional, which is to be done in conformity with document 33 C/19 relating to the principles and guidelines for the establishment and functioning of institutes and centres under the auspices of UNESCO (categories 1 and 2) as approved by the General Conference in 33 C/Resolution 90; 5. Recommends to the General Conference at its 34th session that it authorize the Director-General to sign the Agreement presented in Annex II to document 177 EX/66 concerning the future establishment of the International Centre on Hydroinformatics, as a centre under the auspices of UNESCO (category 2).

10 Annex I ANNEX I IHP INTERGOVERNMENTAL COUNCIL RESOLUTION XVII-4 Creation of an International Centre on Hydroinformatics for Integrated Water Resources Management at Itaipú Binacional under the auspices of UNESCO (category 2) The Intergovernmental Council of the International Hydrological Programme of UNESCO, Recognizing Noting Also noting Considering Also considering Welcomes the increasing importance of hydroinformatics in improving and modernizing water resources management, that Itaipú Binacional is an international organization established by a bilateral treaty between the Governments of Brazil and Paraguay, that the Executive Board of UNESCO, at its 174th session, welcomed the proposal to sign a Memorandum of Understanding between UNESCO and Itaipú Binacional, that the creation of the proposed centre has been endorsed by the IHP Brazilian National Committee and the IHP Paraguayan Focal Point, that Resolution IHP-LAC VI-03 was approved during the VI Meeting of the IHP Latin American and Caribbean National Committee Presidents and Focal Points, in support of the creation of the proposed centre, the initiative of creating the International Centre on Hydroinformatics for Integrated Water Resources Management under the auspices of UNESCO (category 2) at Itaipú Binacional; Requests the assistance of the Secretariat to prepare the necessary documentation to be submitted to the governing bodies of UNESCO towards the creation of the Centre in accordance with the UNESCO 33 C/19 guidelines for category 2 centres; Invites the UNESCO IHP National Committees to support the establishment and functioning of the centre. NOTE: Itaipú Binacional strictly speaking is a binational entity instead of an international organization as written in the above resolution.

11 Annex II ANNEX II DRAFT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF PARAGUAY, THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL, AND THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO) CONCERNING THE ESTABLISHMENT AND OPERATION OF THE INTERNATIONAL CENTRE ON HYDROINFORMATICS UNDER THE AUSPICES OF UNESCO IN ITAIPÚ BINACIONAL The Government of the Republic of Paraguay and the Government of the Federative Republic of Brazil, hereinafter the Governments, and the United Nations Educational, Scientific and Cultural Organization, hereinafter UNESCO, all of them hereinafter the Parties, Considering the International Hydrological Programme (IHP) of UNESCO as the cooperation framework programme between the Governments, Itaipú Binacional and UNESCO for water management and sciences, Considering the deliberations of the Intergovernmental Council of the International Hydrological Programme (IHP), the Executive Board, and the General Conference related to the establishment of the International Centre on Hydroinformatics (CIH) at Itaipú Binacional to support Integrated water resources management, Considering the Memorandum of Understanding signed by UNESCO and Itaipú Binacional on 5 July 2006 aimed at strengthening technical cooperation in water sciences, and in the framework of which reference is made towards the creation of the International Centre on Hydroinformatics (CIH), Considering that the entity Itaipú Binacional was created and is controlled by the Governments on the basis of equal responsibilities and rights, as established in the Treaty concluded between them on 26 April 1973, Considering that the UNESCO General Conference at its 34th session, authorized the Director- General of UNESCO to sign an agreement with the Governments of the Republic of Paraguay and the Federative Republic of Brazil, in conformity with the draft submitted to it, which defines the terms and conditions governing the collaboration between UNESCO and the Governments concerned in relation to the above-mentioned International Centre on Hydroinformatics (CIH), hereinafter the Centre, Have agreed as follows: ARTICLE I Purpose of the Agreement The purpose of this Agreement is to define the terms and conditions governing the collaboration between UNESCO and the Governments concerned, in relation to the establishment of the Centre, as well as to define the corresponding rights and obligations stemming therefrom for the Parties.

12 Annex II page 2 ARTICLE II Establishment The Governments through Itaipú Binacional shall take the necessary measures, according to their laws and regulations, required for the establishment of the Centre, and in conformity with the terms of the present Agreement. ARTICLE III Operation of the Centre 1. The Governments shall take the necessary measures, according to their laws and regulations, for Itaipú Binacional to support and facilitate the Centre s operation, and to host it. 2. The Centre shall be an autonomous institution at the service of Member States and Associate Members of UNESCO that, by their common interest in the objectives of the Centre, desire to cooperate with the Centre. 3. Member States of UNESCO wishing to participate in the Centre s activities, as provided for under this Agreement, shall send the Director-General of UNESCO notification to this effect. The Director-General shall inform the Centre and the Member States mentioned above of the receipt of such notifications. ARTICLE IV Juridical personality The Centre shall enjoy on the territory of Paraguay and Brazil, in accordance with the national legislation of each country, the personality and legal capacity necessary for the exercise of its functions, in particular the capacity: to contract; to institute legal proceedings; to acquire and dispose of movable and immovable property; to bind; to hold rights; to appear in court. ARTICLE V Constitution The Constitution of the Centre must include the following provisions: legal status granting to the Centre, under the national legislation of each country, the autonomous legal capacity necessary to exercise its functions and to receive subventions, obtain payments for services rendered and carry out the acquisition of all means required; a governing structure, according to the applicable national legislation, for the Centre allowing UNESCO representation within its governing bodies.

13 Annex II page 3 ARTICLE VI Objectives and functions 1. The functions and objectives of the Centre will be aimed at conducting and supporting activities on water sciences and related disciplines, including cross-cutting and interdisciplinary themes for environmental, technological, sociological and economic applications, especially: (d) (e) (f) hydroinformatics in its broad concept, as well as its application to modelling and water management; development of integrated water resources management technologies: applied research, development of computer tools (software) and technology transfer; development of structures and processes of geo-processed information systems; education, capacity-building, and technical assistance on hydrology and integrated surface and groundwater management; studies on water economics; environmental assessment. 2. The Centre shall implement capacity-building activities in hydroinformatics and shall develop its objectives and perform its functions to meet the demands of Brazil, Paraguay and other UNESCO Member States. 3. The participation of Member States and institutions in the Centre shall be carried out in accordance with the standard procedures of cooperation, while adapted to the programmes offered by the Centre. ARTICLE VII Governing Board 1. The Centre s activities shall be conducted and supervised by a Governing Board including: (d) (e) (f) (g) (h) a representative of the Government of Paraguay through the Paraguayan IHP National Committee (NatCom); a representative of the Brazilian Government through the President of the Brazilian IHP NatCom; a representative of the member institutions of the Paraguayan IHP NatCom; a representative of the member institutions of the Brazilian IHP NatCom; a representative of UNESCO designated by its Director-General; a representative designated by the Paraguayan Director-General of Itaipú; a representative designated by the Brazilian Director-General of Itaipú; representatives of intergovernmental or international non-governmental organizations substantially contributing to the annual budget of the Centre. This representation shall be defined and renewed according to the Governing Board s decision, and shall be limited by up to three (3) organizations;

14 Annex II page 4 (i) a representative of each of the six (6) UNESCO geographic regions that will be appointed by the IHP Intergovernmental Council. 2. The Executive Directors shall attend the Governing Board meetings without the right to vote. 3. The Governing Board shall have the following functions: (d) (e) to approve the medium- and long-term programmes and activities of the Centre; to approve the annual plan and budget to be submitted by the Centre s Executive Directors and to formulate to them the necessary guidelines; to approve the annual executive activity reports as presented by the Centre s Executive Directors; to establish the corresponding regulations and rules, and to determine the financial, administrative and staff management procedures of the Centre; to decide on the participation of regional intergovernmental organizations and international institutions in the work of the Centre. 4. The Governing Board in its first meeting shall nominate its Chairperson by consensus. 5. Thereafter, the Governing Board shall establish its own rules of procedure. For its first meeting the procedure shall be established by the Governments and UNESCO. 6. The Governing Board shall meet in ordinary session at least once a year, and in extraordinary session when convened by its Chairperson, as per his/her initiative, that of UNESCO s Director-General or that of at least half of its members. 7. The Governments, through the Centre, shall not assume budgetary obligations to fund the travel expenses of the Governing Board members. ARTICLE VIII Secretariat 1. The Centre s Secretariat shall consist of two Executive Directors and the necessary staff to allow its proper functioning. 2. The Executive Directors of the Centre shall be appointed by the Chairperson of the Governing Board in consultation with the Director-General of UNESCO. 3. The Secretariat shall also include other personnel: (d) (e) members of UNESCO staff temporarily assigned to the Centre, according to the regulations of the Organization, and the decisions of its governing bodies; any person jointly designated by the Executive Directors according to the procedures established by the Governing Board; government employees designated by the Governments according to the applicable regulations; researchers and/or professionals invited by both Executive Directors to contribute to the Centre s activities; Itaipú Binacional staff assigned to the Centre by both Itaipú Directors-General.

15 Annex II page 5 ARTICLE IX Duties of the Directors The Executive Directors shall jointly carry out the following duties: (d) (e) to implement the Centre s activities in accordance with the programmes and guidelines established by the Governing Board, and by administrating the necessary resources; to propose to the Governing Board the vision, mission, policies, guidelines, objectives, programmes, activities, management regulations and budget for the operation of the Centre; to prepare the provisional agenda of the Governing Board meetings and to present any proposals deemed useful for the administration of the Centre; to prepare the Centre s activity reports, and to present them to the Governing Board; to represent the Centre in law and in all civil acts. ARTICLE X Contribution of the Governments 1. The Governments shall take all necessary steps to ensure that Itaipú Binacional will provide the Centre with the financial, material and human resources necessary to allow its functioning, in accordance with the corresponding national regulations of each of the countries. 2. Likewise, they shall designate temporary government employees to support the Centre. In both cases, the specific required tools requested shall be formalized in accordance with the applicable regulations, legal status, statutes and rules of procedure. 3. Furthermore, the Centre may receive funds from UNESCO Member States, intergovernmental or non-governmental organizations, both national and international, as well as payment for services provided. 4. The Centre may receive donations and bequests upon approval by the Governing Board, which shall not compromise either its social mission or work objectives. ARTICLE XI Contribution of UNESCO 1. UNESCO shall provide technical assistance and/or financial support to specific projects and activities, according to the goals and strategic objectives of the Organization, and that do not refer to economic support for administrative or institutional purposes. 2. UNESCO shall agree to: provide technical support for the establishment and functioning of the Centre, among other activities, by supporting the formulation of its short-term, medium-term and longterm programmes; provide technical assistance through its specialists in the Centre s fields of expertise; on a temporary basis, assign staff of the Organization, upon authorization by the Director-General of UNESCO, when proven to be necessary for the implementation of a joint activity or project in a priority field approved by UNESCO s governing bodies;

16 Annex II page 6 (d) promote capacity-building of the Centre s staff, by facilitating its participation in UNESCO training and capacity-building-related activities; (e) (f) (g) (h) (i) in accordance with its internal rules and regulations, UNESCO may contract the Centre to carry out activities and provide support, especially in its first stages; provide the Centre with International Hydrological Programme (IHP) publications and other materials, and promote the Centre s activities through the IHP website and other available means; participate in the scientific, technical or training meetings of the Centre when of interest to UNESCO; facilitate access of the Centre to governmental and non-governmental international funding agencies, as well as to its Member States, in order to seek the provision of technical and financial assistance to the Centre for its projects and activities; associate the Centre with the implementation of different programmes conducted by UNESCO, and with those in which the Organization may consider necessary the Centre s participation. 3. In all the above-mentioned circumstances, UNESCO s contribution shall be provided for in its regular programme and budget. ARTICLE XII Privileges and immunities The Governments shall apply to the international staff and experts of UNESCO, the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November These privileges and immunities shall not be applied to the Brazilian and Paraguayan staff hired or admitted by the Centre s Brazilian and Paraguayan offices, respectively. ARTICLE XIII Responsibilities As the Centre shall be legally separate from UNESCO, the latter shall not be legally responsible for it and shall bear no liabilities of any kind, be they administrative, financial or otherwise, with the exception of the provisions laid down in this Agreement. ARTICLE XIV Evaluation 1. UNESCO and the Governments may, at any time and upon previous notification to the Centre, carry out an evaluation of the activities of the Centre in order to establish: whether the Centre makes an important contribution to the strategic goals of UNESCO and the Governments; and whether the activities carried out effectively by the Centre are in conformity with those set out in this Agreement. 2. UNESCO and the Governments shall agree to mutually submit to each other, when possible, a report on any evaluation carried out. 3. UNESCO and the Governments shall reserve the right to denounce this Agreement or request a revision of its contents, following the results of an evaluation.

17 Annex II page 7 ARTICLE XV Use of UNESCO s name and logo 1. The Centre may mention its affiliation with UNESCO. It may therefore use after its title the mention under the auspices of UNESCO. 2. The Centre is authorized to use the UNESCO logo or a version thereof on its letter-headed paper and documents in accordance with the conditions established by the governing bodies of UNESCO. ARTICLE XVI Entry into force This Agreement shall enter into force upon meeting the formalities required to that effect by the domestic law of the Governments, and by UNESCO s internal regulations. The date of receipt of the notification by the Director-General of UNESCO shall be deemed to be the date of entry into force of this Agreememt. ARTICLE XVII Duration This Agreement shall be valid for a period of six (6) years as from its entry into force, and may be renewed by tacit agreement through extensions for equivalent six- (6) year periods, unless one of the Parties notifies the other in writing 60 days prior to the expiration date of its decision to denounce the Agreement. ARTICLE XVIII Denunciation 1. Each of the Parties shall be entitled to denounce the Agreement unilaterally. 2. The denunciation shall take effect within sixty (60) days following receipt of the notification sent by one of the contracting Parties to the other Parties. ARTICLE XIX Revision This Agreement may be revised when UNESCO and the Governments so agree. Agreed modifications shall enter into force as provided under Article XVI of this Agreement. ARTICLE XX Settlement of disputes Any dispute arising between the Parties concerning the interpretation or application of this Agreement shall be settled through direct negotiations among the Parties. Any dispute not settled through direct negotiations shall be submitted for its definitive settlement to an arbitration tribunal composed of three arbitrators designated jointly by UNESCO, the Paraguayan Government and the Brazilian Government. If an agreement is not reached by the Parties on the nomination of these three, the appointment shall be made by the President of the International Court of Justice. The decision of the Tribunal shall be final.

18 Annex II page 8 IN WITNESS WHEREOF, the undersigned representatives, duly authorized to do so, sign the original copies of this Agreement, in English, Spanish and Portuguese, all versions being equally authentic. For the Government of the Republic of Paraguay Legal representative For the Government of the Federative Republic of Brazil Legal representative For the United Nations Educational, Scientific and Cultural Organization (UNESCO) Legal representative Printed on recycled paper