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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF AUSTRALIA
RELATING TO
THE CORAL REEF REHABILITATION AND MANAGEMENT PROJECT
(CO REMAP)
IN INDONESIA
l.
GENERAL
THIS MEMORANDUM expresses the understanding of the Government of the
Republic of Indonesia (GOI) and the Government of Australia (GOA) concerning
the responsibilities and contributions, respectively of the two Governments in
regard to the Coral Reef Rehabilitation and Management Project (hereafter referred
to as the Project) located in Jakarta and Kupang, East Nusa Tenggara Province, in
Indonesia. The overall aim of COREMAP is to improve the management of coral
reefs and associated natural resource and ecosystems. This is further described and
detailed in Annex 1 to this Memorandum (Project Activities). This Memorandum
i.:. concluded pursuant to and subject to the provisions of the General Agreement on
Development Cooperation between the Government of Australia and the
Government of the Republic of Indonesia done at Jakarta on 9 July 1998. The
Provisions of the Agreement apply to the Project (Subsidiary Arrangements Article
IV).
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EXECUTING AUTHORITIES
The Executing Authorities for the Project will be:
For the GO I: The Indonesian Institute of Sciences (LIPI).
For the GOA: The Australian Agency for International Development of the
Department of Foreign Affairs and Trade (AusAID).
AusAID may engage suitably qualified contractors to carry out any part of its
commitments under this Memorandum. The fielding of contractors will be made in
consultation with GOI through the usual process of accreditation.
3. DEFINITIONS
For the purpose of the Memorandum:
(a) "Activity" means any activity established cooperatively under the Project and
utilising one of the mechanisms described in Annex 1 to this Memorandum.
(b) "Australian Managing Contractor" means the organisation contracted by
AusAID on behalf of the GOA to implement the Project.
(c) "Australian Team Leader" means the designated lead representative m
Indonesia of the Australian Managing Contractor.
(d) "Australian Project personnel" means Australian nationals or permanent
residents or other persons who are not nationals or permanent residents of
Indonesia who are working in Indonesia on an Activity under this
Memorandum and whose salaries or other costs are funded from the
contribution of the GOA to the Activity.
(e) ''Australian firm" means Australian or other non-Indonesian firms,
organisations, institutions, or executing agencies engaged in an Activity.
(f) ''Australian project supplies" means equipment, material, and other goods
supplied for the execution of development Activities under this Memorandum,
the cost of which is funded from the contribution of the GOA to the Activity.
(g) "Dependant" means a spouse of a member of the Australian Project personnel
and the child of a member of the Australian Project personnel who is:
(i)
(ii)
under twenty-one years of age, or
twenty-one years of age or older and dependant on the member of
the Australian personnel for support by reason of mental or physical
incapability.
The dependant referred to above will be certified as such by the Australian
Embassy in the Republic of Indonesia.
(h) "Intellectual Property" will have the meaning provided for in Article 2 of the
Convention establishing the World Intellectual Property Organisation, done al
Stockholm, 14 July 1967, and will include all rights relating to plant varieties,
confidential information, circuit layouts and semi-conductor chip products,
unregistered trade marks and service marks.
(i) "Background Intellectual Property" means Intellectual Property that has been
developed independently of an Activity and that is made available by one of
the Participants for use in an Activity.
G) ''Foreground Intellectual Property" means Intellectual Property created in, or as
a direct result of, an Activity.
(k) "Implementing Anangement" means the special arrangements for Intellectual
Property concluded in accordance with Paragraph 8 of this Memorandum.
(1) "Participant" means any natural person or legal entity participating in an
Activity, including the GOA and the GOI.
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(m) "Personal and Household effects" means equipment and other goods imported
by members of the Australian Project Personnel for the personal use of
Australian Project personnel or their Dependants.
4.
MANAGEMENT
Responsibility for oversight of the Project at the national level will be vested in a
Project Coordinating Committee (''the Committee"). Membership of the
Committee will be jointly detennined by the GOI and GOA appointees and will
include the COREMAP Steering Committee, representatives from NTT Provincial
Bappeda and AusAID. The GOI will appoint the chairperson of the Committee.
The GOA will appoint as Committee members. the Australian team leader and
representatives of AusAID. The Committee will meet not less than twice a year.
Its functions will include:
(a) Monitoring Project implementation through six-monthly meetings;
(b) Providing top-level guidance and support in implementation;
(c) Endorsing Annual Plans; and
(d) Advising the two Governments on Project progress, and recommending
to the Governments changes in the Project components budget and
fuhtre direction.
5.
CONTRIBUTIONS
The contributions of the GOA and the GOI, as estimated in the Project Design
Document (November 1998), are detailed in Annexes 3 and 4 of this Memorandum
and are estimated to value $A 8.2 million and $A 0.9 million (mostly in kind)
respectively. The Disbursement of the GOA and the GOI contributions will be
subject to the normal Australian annual parlian1entary approval of appropriations
and the Indonesian annual budget appropriations.
6.
FACILITATION
The GOI will provide personnel and facilities necessary to enable Australian
Project personnel to efficiently and economically carry out Project Activities.
Without limiting the generality of tlus paragraph such contributions will include:
(a)
Access to counterpart agency personnel. relevant facilities and unclassified
documentation related to the Project;
(b)
Provision of appropriate offices and work facilities for the implementation
each Activity;
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(c)
7.
All necessary approvals and authorities relating to each Activity.
EVALUATION
A joint monitoring, review and evaluation of project implementation may be made
at times mutually arranged between, and mutually convenient to, both
Governments. Such an evaluation will be carried out by a joint team appointed by
both Governments. An evaluation of project progress will be made towards the
end of Year Three and will if appropriate make recommendations for possible
further Australian assistance in Phase Two of COREMAP.
8.
INTELLECTUAL PROPERTY
(a)
Unless the two Governments otherwise decide, Activities will be conducted
in accordance with Implementing AITangements which address the matters
in this Paragraph and in Annex 6.
(b)
Implementing Arrangements will provide for the protection of Background
Intellectual Property and Foreground Intellectual Property.
(c)
The GOI and the GOA will use their best endeavours to ensure that the
Participants will be entitled to any Foreground Intellectual Property in
accordance with the proviSions specified in the Implementing
Arrangements which will be developed taking into account:
(i)
the intellectual contributions of each Participant:
(ii)
the financial contributions of each Participant;
(iii)
the contributions of Background Intellectual Property. materials,
research effmt and preparatory work of each Participant;
(iv)
the facilities provided by each Participant;
(v)
legal considerations;
(vi)
objects of study and research activities; and
(vii)
such other relevant considerations as the Participants may agree
upon.
(d)
Implementing Arrangements will include prov1s10n for checking and
protection against infringement of Intellectual Property rights of third
parties.
(e)
Unless the GOI and the GOA otherwise decide,
Arrangements will be legally binding documents.
Implementing
4
fl
(f)
The GOI and the GOA will use their best endeavours to ensure that
prospective Participants in an Activity enter into a confidentiality deed with
each other before they exchange information about their Intellectual
Property.
9.
PUBLIC CHARGES
The GOI will ensure that Australian development cooperation funds are not used to
pay any taxes, customs duties or any other levies imposed by the GOI, on any
goods, materials, equipment, vehicles and services purchased or acquired for, or
related to, the execution of an Activity being carried out in the Republic of
Indonesia.
10.
CLAIMS
The GOI will be responsible for dealing with any claims which may be brought by
third parties against the GOA, Australian Project personnel or Australian firms and
will hold harmless the GOA. Australian Project personnel and Australian firms in
case of any claims or liabilities resulting from this Memorandum. This provision
will not relieve any person or entity from liability from a criminal act, gross
negligence, or wilful misconduct on the part of that person or entity.
11. CLAIMS ARISING FROM SHORT TERM ATTACHMENTS IN
AUSTRALIA
(a)
The GOA commits to assume full responsibility for claims by third parties
arising from the conduct of GOI perso1mel while they are in Australia on
short term attachments under this Memorandum.
(b)
In retw·n for the GOA's undertaking in sub-paragraph 1 1 (a), the GOl
commits to indenmify the GOA against reasonable payments made and all
costs, damages and expenses incurred by it as a result of any claims by
third parties which may be brought against such GOI personnel or the
GOA, its officers or servants by any third party arising from the conduct of
such GOI personnel in Australia pursuant to this Memorandum.
(c)
Sub-paragraphs 11 (a) and (b) will not apply where the liability results from
a criminal act, gross negligence or wilful misconduct on the part of that
person.
12.
INCOME TAX
The income tax liability of Australian firms and Australian Project personnel will
be borne by the GOI.
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13.
PERSONNEL
The GOI will, in accordance with Law Number 7 of 1983 on Income Tax (as
amended by Law Number 10 of 1994), Government Regulation Number 19 of
1955 and their implementing regulations each as at the date of commencement of
this Memorandum:
14.
(a)
Exempt the Australian Project personnel from, or bear the costs of,
import duties and other taxes imposed by the GOI on taxable goods
and services or import of taxable goods for, or related to, the execution
of Activities under this Memorandum; and
(b)
Exempt Australian Project personnel from the payment of custom
duties, excise duties and other taxes in respect of bona fide Personal
and Household effects brought into the Republic of Indonesia within
six months of his or her first arrival in the Republic of Indonesia for
their own use or the use of their Dependants. In the event of theft. fire
or other destruction, the exemptions under this paragraph may be reexercised at any time during the assignment of the Australian Project
personnel.
Australian personnel may purchase duty free items
provided that such purchases will be made from duty free stores.
SUPPLIES
At completion of the Project, subject to paragraph 8 above, all equipment and
vehicles supplied as part of the Australian contribution to the Project will become
the property of the Government of the Republic of Indonesia. All supplies used for
the NTT Community Pilot sub project will remain in NTT. Similarly supplies for
the National Capability Building and Training component will remain in Jakarta.
The Project Coordinating Cornn1ittee will agree on a detailed asset distribution
plan. Final asset distribution will follow GOA approval.
15.
MOTOR VEHICLES FOR PERSONAL USE
1. The GOI will, in accordance with Government Regulation Number 19 of 1955
and its implementing regulations each as at the date of entry into force of this
Memorandum, make exempt from, or bear the cost of, customs duties, and
other taxes in respect of one locally assembled motor vehicle purchased for an
Australian Project personnel's personal use provided that:
(a)
the Australian Project personnel are assigned in Indonesia for at least
twelve (12) months consecutively:
(b)
such motor vehicle is purchased locally within the period of six (6)
months from the date of his/ her first arrival in the Republic of
Indonesia; and
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(c)
2.
16.
upon completion of his/her assignment, the motor vehicle is disposed
of in Indonesia either to a person who has the same privileges or to the
agent authorised by the GOI.
In the event of fire, theft, damage or destruction, the exemptions under this
Article may be re-exercised provided the remaining assignment of the
Australian Project personnel is for at least eight (8) months.
TRANSPARENCY OF LAWS
The GOI will, upon request, inform Australian firms and Australian Project
personnel of local laws and regulations that may concern them in the performance
of their duties. The GOI will notify the GOA of any changes in its law and
regulations and will inform the GOA of the application of such changes. If either
Government considers it appropriate, the two Governments will consult to find a
mutually acceptable solution concerning such changes.
17.
EQUALITY OF TREATMENT
Australian frrms, Australian Project Personnel and their Dependants will be
accorded no lesser benefits. privileges and exemptions than those accorded to other
non-Indonesian firms or nationals under any other bilateral anangement for
development cooperation.
18.
SECURITY
The GOI will arrange for protective services necessary to ensure the safety of:
19.
(a)
the Australian Project Personnel, their Dependants, their property;
and
(b)
Australian Project supplies.
SETTLEMENT OF DIFFERENCES
Differences that may arise relating to the interpretation or application of the
provisions of this Memorandum will be settled by means of negotiations between
the GOI and the GOA or in any other manner mutually agreed upon.
20.
AMENDMENTS
Amendments to this Memorandwn may be made at any time by an arrangement in
writing between the two Governments.
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21.
COMMENCEMENT
This Memorandum will take effect from the date of its signature and the Project
will be deemed to have commenced from that date. The Australian contribution to
the Project and all undertakings given herein will cease 3 years after the date of
signature of this Memorandum or on such other date as may subsequently be
arranged between the two Governments.
ANNEXURES to this Memorandum form an integral part of it.
IN WITNESS WHEREOF, the undersigned, duly authorised by their respective
Governments, have signed this Memorandum.
SIGNED in duplicate, at Jakarta, on this 24th day of February in the year of two
thousands, in two (2) originals of the English language, both of the texts being
equally authentic.
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
FOR THE GOVERNMENT OF
AUSTRALIA
Signed
Signed
Dr. H. Soefjan Tsauri, MSc.
'-").: ' Chairman, Indonesian Institute of Sciences
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John McCarthy
Australian Ambassador to Indonesia
ANNEX 1
DESCRIPTION OF PROJECT ACTIVITIES
CORAL REEF REHABILITATION & MANAGEMENT PROJECT
(COREMAP)
Pro ject Objective
The primary goal of the program is the protection, rehabilitation and sustainable
utilisation of coral reefs and associated ecosystems of Indonesia. The overall
COREMAP program comprises five major components of which the World Bank
is financing three, the Asian Development Bank one, and the fifth will be
supported by AusAID.
Proj ect Origin
The COREMAP program was developed in response to a request from the GOI to
the World Bank in 1995. Indonesia will host the International Coral Reef
Symposium in October 2000 and the government wanted to develop a program
focusing on achievements by that time, to protect coral reefs and reduce destructive
fishing practices that damage the reefs. An Austral ian firm, AMSAT won the
contract to prepare the original COREMAP design.
AusAID involvement with COREMAP began in 1997 with a review of the design
and participation in a joint donor coordination mission with the World Bank and
nCA. The outcome of this mission was an aide memoir identifying a three-year
COREMAP process involving pilot projects in four provinces to test the viability
of different management models.
r
The national COREMAP was launched in Jakarta in September 1998. Phase One
will run for three years. The World Bank is financing the Community Based
Management, Public Awareness and Law Enforcement components. The Asian
Development Bank is funding the Research and Monitoring component and
AusAID will support the National Capability Building and Training component
and the NTT Community Pilot sub project.
Rationale
Coral reefs are a major productive and biodiversity asset in Indonesia, and are of
importance to fisheries, tourism, natural heritage conservation and shoreline
protection. Indonesia's coral reefs are under threat from destructive fishing
practices and from land-based pollutants. The GOI has identified coral reef
management as a national priority.
The objective of the Australian Development Cooperation Program is to reduce
poverty and promote sustainable economic and social development. The proposed
AusAID assisted COREMAP activities will focus on strengthening participatory
9
plmming processes and local management of coral reef resources, and the
surveillance m1d enforcement of regulations. The project also aims to improve
livelihoods through sustainable management of the coral and coastal zone
resources, and the development of alternative income generating activities. The
training component activities will result in communities, local and national
government agencies and research orgmlisations having an improved capability and
capacity to implement coral reef and coastal resource plaiming and management
activities effectively.
Project Description
AusAID ' s assistance will be divided between support for the pilot Community
Based Management project in Nusa Tenggm·a Timur (NTT) province and the
National Capability Building and Training component.
A. NTT PILOT COMMUNITY BASED CORAL REEF AND COASTAL
ZONE PLANNING AND MANAGEMENT SUB-PROJECT
Goal
To pilot processes of community and government planning and management that
will sustain and conserve coral reefs and coastal zones.
Strategy
Overall the NTT Pilot Sub-Project will focus on developing and testing processes
for participatory plaiming and management to sustain and conserve coral reef and
other coastal resources. The selection criteria for the identification of project sites
in the NIT pilot sub-project will be finalised at the start of sub-project
implementation. Actual site selection will be undertaken at that time. The key
features ofthe sub-project strategy are described below.
•
A central strategy of the sub-project will be an iterative participatory planning
process to define action plans for the sustainable management of coral reefs
and coastal zones. The process will involve community and stakeholders
(particularly government, NGOs and where appropriate private sector) at subdistrict, district and provincial levels. Outcomes of the process will be resource
maps, social assessments, formulation of tenure systems. responsibilities and
regulations, proposals for alternative livelihoods and environmental support
infrastructure development, and plans for surveillance and enforcement.
•
Community-based participatory assessments will be the basis for the
development of sustainable management plans. These plans will integrate
community priorities and concerns that may differ with location and etlmic
grouping. Local communities will also be actively involved in defining tenme
systems m1d regulations thus traditional systems may be integrated into the
community-based management plans.
The communities will also be
responsible for decision-making and management of local surveillance and
enforcement activities, in alternative livelihood activities, and, in monitoring
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the condition of coral reefs and associated ecosystems to assess the
effectiveness of community management plans.
•
A focus on partnerships of all stakeholders involved in coral reef and other
coastal resource use and management. This partnership will be promoted
through (i) stakeholder workshops, (ii) an emphasis on information feedback
between stakeholders at all levels. and (iii) an emphasis on negotiation and
mediation to reach common agreements and to reso lve conflicts among
stakeholders.
•
The Sub-Project design also places central importance on the sustainability of
planning processes, using existing community and government institutions.
The community-level participatory planning process is modelled on the GOI
village planning process (the P3MD) and is linked with GOI annual budget
planning. While the sub-project will provide a small revolving fund to enable
alternative livelihood options to be established, community-based proposals for
such development activities will use, where possible. existing funding sources
(Village Subsidy or JOT funds).
•
An emphasis on increasing opportunities for women to participate in decision
making associated with the implementation of the project, and to benefit from
the project. Training in gender sensitivity and gender analysis will be provided
to field staff and other project personnel. Operational guidelines will also be
developed to ensure that women are included in the participatory planning
process and in the community organisations. In addition, gender affirmative
guidelines and selection criteria wi ll be developed to improve gender equity in
representation on sub-project committees and in workshops and training
programs.
•
A focus on ensuring that the policy implications from the pilot sub-project are
fed back into government planning. Local priorities wi ll be highlighted to the
national PMO for the development of national regulations and legislation.
Lessons learnt from the pilot will also be analysed for the development of
future coral reef and coastal zone management projects.
Components
The sub-project consists offour components.
1: Participatory Planning and Management
Objective: To develop and strengthen participatory planning and management
processes to sustain and conserve coral reefs and coastal zones.
The strategy in this component comprises a participatory process to be undertaken
by village communities and stakeholders at the sub-district and district levels. to
develop plans for the sustainable management of coral reefs and coastal zones. The
sub-project will support local commun ities in this planning and management
process through the provision of assistance from trained NGO Community
1I
Facilitators and Field Coordinators. The participatory planning process at the subdistrict and district levels will be based on community management plans, and will
involve stakeholders in the assessment of key constraints and in developing the
sub-district and district framework and management plans.
In the first month of the sub-project, a multi-disciplinary team drawn
from government, NGOs and universities will undertake rapid rural
appraisals and analyse secondary data for the selection of project sites.
2: Coastal Resource Information Management
Objective: To establish a computer based coastal resource information system that
is accessible by all stakeholders, and which will facilitate coastal zone resource
allocation and use, resource management (including monitoring), and the
enforcement of resource use decisions.
The strategy in the data management component of the sub-project is to facilitate
information storage, information sharing, improving stakeholder access and coastal
resource data. Some data have already been collected by various agencies involved
in the COREMAP process. and these data sets will be collated and made available
to all sub-project stakeholders.
3: Regulation and Enforcement
Objective: To establish and strengthen processes for the formulation and
endorsement of coral reef/coastal zone regulations, and protocols for the operation
of surveillance and enforcement by communities, local and provincial government
agencies to support sustainable resource management.
The strategy in this component is to: (i) review legislation and regulations on
coral reef and coastal zone management, (ii) develop processes for fonnulating
coral reef and coastal zone management regulations with communities and local
(Sub-District, District) and provincial government pa1ticipation, and, (iii) to seek
endorsement of these regulations by communities, local and provincial
government. To enforce the regulations effectively the project will work with all
stakeholders to establish and strengthen practices and protocols for surveillance
and enforcement.
4: Project Management
Objective: To provide cost effective and efficient project management and
monitoring systems.
The strategy in this component is to implement effective management procedures
and monitoring systems, and based on the lessons learnt to develop policy
implications for sustainable coral reef and coastal zone management.
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B. CAPABILITY BUILDING AND TRAINING COMPONENT OF THE
GOI COREMAP
Goal
To improve the capability of key stakeho lders to undertake participatory coral reef/
coastal zone planning and management. applied research, as well as to disseminate
information and provide training.
Program Component Strategy
The strategy is to target key stakeholders and to assist in strengthening their
capability through the provision of training. The target stakeholder groups will be:
•
•
•
Coastal communities to undertake a range of participatory planning and
management activities related to coral reefs;
Agencies responsible for coral reef/coastal zone management to undertake
participatory planning and management, strategic coastal zone planning.
project management and resource management ｡｣ｴｩｶ･ｳｾ＠
Coral Reef Training and Information Centres (CRTICs) to provide sector based
training, information dissemination and applied research needs.
Program Component Description
A progran1 approach will be used for this national training component which will
provide flexibility so that training activities are responsive to identified priority
training needs and demands. At this stage it is not possible to identify the training
needs of key stakeholders in detail.
The capability building and training will be implemented through four subcomponents: training procedures and protocols; community-based capability
building; institutional strengthening for coral reef management, and information
management and training.
A training co-ordination unit will operate within the Project Management Office
(PMO) at the national level. It will have a critical role in establishing the training
protocols for the submission of identified training needs and proposed training
programs from the COREMAP components to be assisted; selection and approval
processes for training; and the institutionalisation of standard monitoring and
evaluation systems for the training. It will be responsible for disseminating
information and co-ordinating the training. Each of the assisted COREMAP
components will be responsible for preparing an endorsed training progran1 and
annual plan that will be submitted to the training committee for funding.
The training supported by AusAID will focus on three main areas:
•
Community capability building for the four community-based pilot projects
receiving foreign assistance (NTT, Irian Jaya, South Sulawesi and Riau).
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•
Institutional strengthening for coral reef management in the four communitybased pilot projects receiving foreign assistance and in the national PMO.
•
Information management and training skills development for the four
community-based pilot projects receiving foreign assistance.
Limits will be set on the level of funding and the types of training that will be
supported. The training activities are expected to range from short term training
courses, on the job training, seminars and study tours to long term training courses.
The ATL and Training Coordinator, in partnership with the Training Coordinating
Committee, will prepare guidelines covering the open and transparent selection of
training providers under this sub-project. Agreement on the eligibility of
COREMAP participants to tender for Australian project-funded training activities
will need to be established and incorporated into these guidelines.
The selection criteria for funding approval will include: an annual training plan; the
target group (a priority being COREMAP staff); the cost effectiveness of the
training; and the extent of impact.
Duration
The duration of both the NIT pilot sub-project and the national capability budding
and training component of the COREMAP program will be three years. This will
enable co-ordination with the planned World Bank and Asian Development Bank
COREMAP activities under Phase I of COREMAP.
Institution aU Implementation Arrangements
The AusAID project activities will operate under one Australian managing
contractor, with the Australian Team Leader based with the pilot sub-project in
NTT, and the Training Co-ordinator based in COREMAP PMO. Jakarta. A Project
Coordinating Committee (PCC) will operate at the national level, and include the
COREMAP Steering Committee and representatives from NIT Provincial
BAPPEDA, and AusAID (Jakarta).
The collaboration with the World Bank and Asian Development Bank components
of COREMAP will be undertaken through the regular Joint Supervision process.
At the provincial level the Project Management Unit (PMU) will be located in the
BAPPEDA office. and BAPPEDA will have a key role coordinating counterpart
agencies. Relevant institutions represented at the COREMAP Provincial Taskforce
will be used as the Project Steering Committee at the provincial level. The Steering
Committee will be led by the NTT Governor and the NIT Provincial BAPPEDA
I lead will be responsible for chairing meetings. At the Kupang District level a
project management unit will operate within the District BAPPEDA office. A
District Steering Committee will also be established.
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Financing
The contributions of the GOA and the GOI are detailed in Annexes 3 and 4 of this
Memorandtm1 and are estimated to value $A 8.2 million and $A 0.9 million
respectively. Disbursement of Australian contributions will be subject to the
normal Australian armual parliamentary approval of appropriations.
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ANNEX 2
KEY RESPONSIBILITIES
1.
General:
1.1 .
Australian Project Personnel and Indonesian Officials will cooperate in
ways consistent with the achievement of Project objective and in the
context of the process and requirements of the Government of the
Republic of Indonesia.
1.2.
Detailed monitoring, evaluation and coordination of progress in the
implementation of the Project will be tmdertaken by the Project
Coordinating Committee (PCC) as outlined in Paragraph 4 of thi s
Memorandum. PCC meetings will be held in Jakarta or any other place
chosen by the committee at list twice a years or may be convened at any
other time by either governn1ent.
1.3.
A suitable contractor will be engaged by AusAID on behalf of the
Government of Australia to provide management and technical support to
the Project.
2.
Government of Indonesia
LIPI as the Executing Authority for the Project will have the following key
responsibilities:
(a) Securing and ensuring the disbursement of GOT contributions to the
overall Project budget, including budgets for local training,
procurement, travel and other counterprut costs:
(b) determine program funding for the cost of major works and other
physical implementation costs associated with environmental
management activities to be carried out by relevant GOI institutions
such as NTT Bappeda, PMO, etc.;
(c) Releasing of cotmterpart staff to participate in Project activities;
(d) Nominating the Chairperson and GOI representatives on the Project
Coordinating Committee;
(e) Sharing information on departmental activities essential to the Project
Capability building process, such as annual development project
proposal lists (DUP) and approval lists (DIP);
(t) Ensming consultation with community groups and other stakeholders
on Project activities;
(g) Ensuring integration of the Jakarta-based Australian Project team into
the PMO office;
(h) Coordination and liaison between this Project and other related projects
in the environmental management field; and
(i) Facilitation of necessary approvals and authorities relevant to the
effective implementation of the project.
2. Government of A ustralia
2.1. The Australian Agency for International Development of the Department of
Foreign Affairs and Trade (AusAID) as the Executing Authority for the
Project will have the following key responsibilities:
(a) Selecting an Australian Managing Contractor (the Contractor) to
provide overall management and administration for this Project;
(b) Nominating Australian representatives on the Project Coordinating
Committee:
(c) Approval of individual activities and budgets;
(d) Seeking accreditation for consultants
(e) Monitoring Australian Managing Contractor performance in-country;
and
(1) Processing payments to the Australian Managing Contractor.
2.2
The Contractor will have responsibility for:
(a) Monitoring the performance of the Project against agreed outcomes and
provide direction to ensure its objectives are met:
(b) Providing a high level of advice to AusAID and the GOI on the risks
associated with the Project and the performance of the Project;
(c) Selecting and appointing Australian and Indonesian resources for input
to the Project;
(d) Establishing and ensuring maintenance of project management,
administration, financial and reporting systems;
(e) Directing and monitoring all aspects of the progress of the Project,
including the activities and performance of all advisers;
(f) Regularly reporting on progress against performance targets in line with
contractual requirements and constraints on delivery ;
(g) Where appropriate, authorise equipment and material to be supplied as
part of the Project;
(h) Preparing Annual Plans for the Project;
(i) Selecting and manage local professional, technical and administrative
resources for the Project: and
U) Representing the Project on relevant coordination committees and other
mechanisms established to assist with Project implementation.
2.3
Sub-contractors:
(a) Implementation of activities in accordance with specific TOR; and
(b) Liaison with the Australian Managing Contractor in regard to all
matters affecting performance and payment.
ANNEX 3
CONTRIBUTION OF THE GOVERNMENT OF AUSTRALIA
l.
Financial Contribution
The GOA wiJJ make a contribution to the Project totalling an estimated $A 8.239
million over a tlu·ee year period. Disbursements of Project funds will be subject to
the prevailing annual budget appropriations. Any changes will be notified to the
GOI. The contribution of the GOA is described below. Details of financial
contributions by the GOA and GOI are set out in Annex 5 to this Memorandum (as
agreed in the Project Design Document November 1998).
2.
Personnel
The GOA will provide accommodation, travel costs and remuneration for all
Australian and locally engaged staff assigned to the Project. The staff includes:
(a) Project Director;
(b) Team Leader (Kupang);
(c) Training Coordinator (PMO);
(d) Coastal Resource Management Adviser (Kupang);
(e) Community Development Adviser (Indonesian National, Kupang)
(t) Finance Officer (Indonesian National. PMO);
(g) Necessary locally engaged staff;
(h) Short-term specialist advisers. Depending on the skills and experience
of the long term advisers, a range of short-term specialists may be
required to provide management advice and on-the-job training in the
following disciplines:
(i)
(ii)
(iii)
(iv)
(v)
GIS Database Systems Applications Adviser;
Anthropologist/Sociologist;
Conflict resolution Adviser;
Environmental Coral Resource Marine Lawyer (national);
Various Capability Building and Training Short-term inputs
3.
Training
Training will be provided in accordance with the Project Design Document dated
November 1998. The types of training activities are expected to range from shortterm training courses, on the job training, seminars, study tours and to long-term
training courses. The selection criteria for funding approval will include: an annual
training plan: the target group; the cost effectiveness of the training; and the extent
of impact.
4.
Procurement, Maintenance and Project Management
4.1
The GOA will provide funding to the Contractor for all vehicles, vessels.
maintenance, equipment and materials to be allocated and used in
accordance with the Annexes 6.3 and 6.4 of the Project Design Document.
4.2
The GOA will also fund the costs of project management in accordance
with Annex 6.3 and 6.4 of the Project Design Document and the Contract.
ANNEX 4
CONTRIBUTION OF THE GOVERN MENT OF THE REPUBLIC OF
INDONESIA
1.
Financial Contribution
The contribution of the GOI is estimated in the Project Design Document to value
$A
0.897
million and is described below. Details of the apportionment of financial
contributions by the GOA and GOI are set out in Annex 5 to this Memorandum (as
agreed in the Project Design Document August 1998).
2.
Personnel
The GOI will nominate a Counterpart Training Coordinator in the PMO who will
work closely with the Australian Project Train ing Coordinator. Counterpart
staffing requirements for the NTT Pilot sub-project will be in accordance with
Annex 6.4 of the Project Design Document.
3.
Training
In-Indonesia Training: The GOI wi ll provide the following in-kind contributions in
full for the duration of the Project in accordance with Annexes 6.3 and 6.4 of the
Project Design Document:
4.
4.1
(a)
appropriately located and furbished training facilities, free of rent
and other charges;
(b)
counterpart trainers and/or training participants for the delivery of
courses and other Project related training activities;
(c)
Project training-related utility charges; and
(d)
incidental costs associated with in-Australia training, including
passport formalities, provision of exit permits and provision of
FISKAL exemptions for all participants.
Procurement and Maintenance
The GOI will meet all maintenance costs associated with the Project applies.
5.
Office Accommodation and Services
5.1
The GOI will meet all costs associated with the following office and
services expenses for the full duration of the Project:
(a) Reasonable office space for the Project headquarters in the NTT
Bappeda office and for the Training Component in the PMO office;
(b) Utilities charges and rent for office accommodation;
(c) Operation and maintenance costs of existing GOI vehicles used for
Project purposes: and
(d) Costs associated with the Project Coordinating Committee meetings,
including salaries of GOI staff involved and venues for meetings. This
also includes attendance fees, food and beverages for other Projectrelated meetings.
5.2
The GOI will also disseminate relevant infonnation about training
opportunities and other Project activities.
ANNEX5
ACTIVITY COST ESTIMATES
The total Australian Government contribution to the project will be A$ 8.239 million
over three years. The total Indonesian Government contribution to the project will be
A$0.897 million.
TABLE 1: Estimates of Total Activity Cost
Contribution by Government
(AUD)
Year 1
Year2
Year3
Total
NTT Sub-Project (GOA)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
428,050
267,200
388,550
499,600
1,583,400
648,150
245,500
180,950
313,600
1,388,200
364,300
104,000
130,300
343.600
942,200
1,440,500
616,700
699,800
I, 156.800
3,913,800
NTT Sub-Project (GOI)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
18,000
10,500
13,500
7,500
49,500
20,000
12,000
14,000
6,000
52,000
13,000
18,500
10,000
6,000
47,500
51,000
41,000
37,500
19.500
149,000
675,000
239,700
331,400
192,000
1,438,100
542.100
322.700
489,200
530,500
1.884,500
457,400
154,200
202,200
189,000
1,002,800
I ,674,500
716,600
1,022,800
911,500
4,325,400
36,000
45,000
70,000
45,000
196,000
36,000
90,000
140,000
90,000
356,000
36,000
45,000
70,000
45,000
196,000
108,000
180,000
280,000
180,000
748,000
3,021,500
245,500
3,272,700
408,000
1,945,000
243,500
8,239,200
897,000
Capability
Building
Project (GOA)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
Sub-
Capability
Building
Project (GOI)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
Sub-
Total GOA Contribution
Total GOI Contribution
23
ANNEX6
PROTECTION, OWNERSHIP AND ALLOCATION OF INTELLECTUAL
PROPERTY BY PARTICIPANTS IN ACTIVITIES UNDER TIDS
MEMORANDUM
I. This Annex provides an indication of the Intellectual Property issues that should
be addressed by Participants in the Implementing Arrangements.
2. Notwithstanding anything stated or implied in this Annex, it is the sole
responsibility of prospective and actual Participants to take all necessary steps.
including obtaining expert professional advice, to ensure that their legal and
commercial positions are adequately protected and to ensure adequate legal and
physical protection for Background Intellectual Property and Foreground
Intellectual Property.
3. Implementing Arrangements should contain clauses that
(a)
(b)
(c)
Specify appropriate procedures for checking-
(i)
prior to the commencement of the Activity; and
(ii)
as appropriate during the Activity;
for third party Intellectual Property that might:
be infringed by the Participants while carrying out
Activities: or
infringe Intellectual Property created under
Implementing Arrangement.
the
Identify each Participant's Background Intellectual Property and:
(i)
the nature of the protection that has been or needs to be,
accorded to that Background Intellectual Property; and
(ii)
the nature of any third party rights restricting the use of
Background Intellectual Property;
Specify appropriate procedures for:
(i)
identifying;
(ii)
determining ownership of: and
(iii)
protecting:
Foreground Intellectual Property;
24
(d) Specify appropriate procedures for approving the conditions on which each
Participant may be licensed to use Foreground Intellectual Property for its
own non-commercial purposes (which purposes exclude sub-licensing and
commercial purposes such as manufacturing and having manufactured)
and for commercial purposes;
(e) Specify appropriate clauses allowing a Participant to be licensed to use
another Participant's Background Intellectual Prope1ty when it is
reasonably necessary for the commercial use of Foreground Intellectual
Property;
(f) Specify appropriate
procedures
for licensing third parties to use
Foreground Intellectual Property, including where such use requires access
to another Participant's Background Intellectual property and the
conditions upon which a licence to the Background Intellectual Property
will be granted;
(g) Specify appropriate procedures for approval by all the Participants, prior
to disclosure, of the public disclosure of infmmation through
publications, seminars or any other means;
(h) Specify the rights and obligations of visiting researchers involved in the
Activity and particularly in relation to Intellectual Property created by
them during their work in the Activity;
(i)
Nominate the governing law of the implementing Arrangement; and
U) Specify appropriate procedures for the resolution of disputes, including
international commercial arbitration.
25
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF AUSTRALIA
RELATING TO
THE CORAL REEF REHABILITATION AND MANAGEMENT PROJECT
(CO REMAP)
IN INDONESIA
l.
GENERAL
THIS MEMORANDUM expresses the understanding of the Government of the
Republic of Indonesia (GOI) and the Government of Australia (GOA) concerning
the responsibilities and contributions, respectively of the two Governments in
regard to the Coral Reef Rehabilitation and Management Project (hereafter referred
to as the Project) located in Jakarta and Kupang, East Nusa Tenggara Province, in
Indonesia. The overall aim of COREMAP is to improve the management of coral
reefs and associated natural resource and ecosystems. This is further described and
detailed in Annex 1 to this Memorandum (Project Activities). This Memorandum
i.:. concluded pursuant to and subject to the provisions of the General Agreement on
Development Cooperation between the Government of Australia and the
Government of the Republic of Indonesia done at Jakarta on 9 July 1998. The
Provisions of the Agreement apply to the Project (Subsidiary Arrangements Article
IV).
2
EXECUTING AUTHORITIES
The Executing Authorities for the Project will be:
For the GO I: The Indonesian Institute of Sciences (LIPI).
For the GOA: The Australian Agency for International Development of the
Department of Foreign Affairs and Trade (AusAID).
AusAID may engage suitably qualified contractors to carry out any part of its
commitments under this Memorandum. The fielding of contractors will be made in
consultation with GOI through the usual process of accreditation.
3. DEFINITIONS
For the purpose of the Memorandum:
(a) "Activity" means any activity established cooperatively under the Project and
utilising one of the mechanisms described in Annex 1 to this Memorandum.
(b) "Australian Managing Contractor" means the organisation contracted by
AusAID on behalf of the GOA to implement the Project.
(c) "Australian Team Leader" means the designated lead representative m
Indonesia of the Australian Managing Contractor.
(d) "Australian Project personnel" means Australian nationals or permanent
residents or other persons who are not nationals or permanent residents of
Indonesia who are working in Indonesia on an Activity under this
Memorandum and whose salaries or other costs are funded from the
contribution of the GOA to the Activity.
(e) ''Australian firm" means Australian or other non-Indonesian firms,
organisations, institutions, or executing agencies engaged in an Activity.
(f) ''Australian project supplies" means equipment, material, and other goods
supplied for the execution of development Activities under this Memorandum,
the cost of which is funded from the contribution of the GOA to the Activity.
(g) "Dependant" means a spouse of a member of the Australian Project personnel
and the child of a member of the Australian Project personnel who is:
(i)
(ii)
under twenty-one years of age, or
twenty-one years of age or older and dependant on the member of
the Australian personnel for support by reason of mental or physical
incapability.
The dependant referred to above will be certified as such by the Australian
Embassy in the Republic of Indonesia.
(h) "Intellectual Property" will have the meaning provided for in Article 2 of the
Convention establishing the World Intellectual Property Organisation, done al
Stockholm, 14 July 1967, and will include all rights relating to plant varieties,
confidential information, circuit layouts and semi-conductor chip products,
unregistered trade marks and service marks.
(i) "Background Intellectual Property" means Intellectual Property that has been
developed independently of an Activity and that is made available by one of
the Participants for use in an Activity.
G) ''Foreground Intellectual Property" means Intellectual Property created in, or as
a direct result of, an Activity.
(k) "Implementing Anangement" means the special arrangements for Intellectual
Property concluded in accordance with Paragraph 8 of this Memorandum.
(1) "Participant" means any natural person or legal entity participating in an
Activity, including the GOA and the GOI.
2
0
(m) "Personal and Household effects" means equipment and other goods imported
by members of the Australian Project Personnel for the personal use of
Australian Project personnel or their Dependants.
4.
MANAGEMENT
Responsibility for oversight of the Project at the national level will be vested in a
Project Coordinating Committee (''the Committee"). Membership of the
Committee will be jointly detennined by the GOI and GOA appointees and will
include the COREMAP Steering Committee, representatives from NTT Provincial
Bappeda and AusAID. The GOI will appoint the chairperson of the Committee.
The GOA will appoint as Committee members. the Australian team leader and
representatives of AusAID. The Committee will meet not less than twice a year.
Its functions will include:
(a) Monitoring Project implementation through six-monthly meetings;
(b) Providing top-level guidance and support in implementation;
(c) Endorsing Annual Plans; and
(d) Advising the two Governments on Project progress, and recommending
to the Governments changes in the Project components budget and
fuhtre direction.
5.
CONTRIBUTIONS
The contributions of the GOA and the GOI, as estimated in the Project Design
Document (November 1998), are detailed in Annexes 3 and 4 of this Memorandum
and are estimated to value $A 8.2 million and $A 0.9 million (mostly in kind)
respectively. The Disbursement of the GOA and the GOI contributions will be
subject to the normal Australian annual parlian1entary approval of appropriations
and the Indonesian annual budget appropriations.
6.
FACILITATION
The GOI will provide personnel and facilities necessary to enable Australian
Project personnel to efficiently and economically carry out Project Activities.
Without limiting the generality of tlus paragraph such contributions will include:
(a)
Access to counterpart agency personnel. relevant facilities and unclassified
documentation related to the Project;
(b)
Provision of appropriate offices and work facilities for the implementation
each Activity;
3
(c)
7.
All necessary approvals and authorities relating to each Activity.
EVALUATION
A joint monitoring, review and evaluation of project implementation may be made
at times mutually arranged between, and mutually convenient to, both
Governments. Such an evaluation will be carried out by a joint team appointed by
both Governments. An evaluation of project progress will be made towards the
end of Year Three and will if appropriate make recommendations for possible
further Australian assistance in Phase Two of COREMAP.
8.
INTELLECTUAL PROPERTY
(a)
Unless the two Governments otherwise decide, Activities will be conducted
in accordance with Implementing AITangements which address the matters
in this Paragraph and in Annex 6.
(b)
Implementing Arrangements will provide for the protection of Background
Intellectual Property and Foreground Intellectual Property.
(c)
The GOI and the GOA will use their best endeavours to ensure that the
Participants will be entitled to any Foreground Intellectual Property in
accordance with the proviSions specified in the Implementing
Arrangements which will be developed taking into account:
(i)
the intellectual contributions of each Participant:
(ii)
the financial contributions of each Participant;
(iii)
the contributions of Background Intellectual Property. materials,
research effmt and preparatory work of each Participant;
(iv)
the facilities provided by each Participant;
(v)
legal considerations;
(vi)
objects of study and research activities; and
(vii)
such other relevant considerations as the Participants may agree
upon.
(d)
Implementing Arrangements will include prov1s10n for checking and
protection against infringement of Intellectual Property rights of third
parties.
(e)
Unless the GOI and the GOA otherwise decide,
Arrangements will be legally binding documents.
Implementing
4
fl
(f)
The GOI and the GOA will use their best endeavours to ensure that
prospective Participants in an Activity enter into a confidentiality deed with
each other before they exchange information about their Intellectual
Property.
9.
PUBLIC CHARGES
The GOI will ensure that Australian development cooperation funds are not used to
pay any taxes, customs duties or any other levies imposed by the GOI, on any
goods, materials, equipment, vehicles and services purchased or acquired for, or
related to, the execution of an Activity being carried out in the Republic of
Indonesia.
10.
CLAIMS
The GOI will be responsible for dealing with any claims which may be brought by
third parties against the GOA, Australian Project personnel or Australian firms and
will hold harmless the GOA. Australian Project personnel and Australian firms in
case of any claims or liabilities resulting from this Memorandum. This provision
will not relieve any person or entity from liability from a criminal act, gross
negligence, or wilful misconduct on the part of that person or entity.
11. CLAIMS ARISING FROM SHORT TERM ATTACHMENTS IN
AUSTRALIA
(a)
The GOA commits to assume full responsibility for claims by third parties
arising from the conduct of GOI perso1mel while they are in Australia on
short term attachments under this Memorandum.
(b)
In retw·n for the GOA's undertaking in sub-paragraph 1 1 (a), the GOl
commits to indenmify the GOA against reasonable payments made and all
costs, damages and expenses incurred by it as a result of any claims by
third parties which may be brought against such GOI personnel or the
GOA, its officers or servants by any third party arising from the conduct of
such GOI personnel in Australia pursuant to this Memorandum.
(c)
Sub-paragraphs 11 (a) and (b) will not apply where the liability results from
a criminal act, gross negligence or wilful misconduct on the part of that
person.
12.
INCOME TAX
The income tax liability of Australian firms and Australian Project personnel will
be borne by the GOI.
5
13.
PERSONNEL
The GOI will, in accordance with Law Number 7 of 1983 on Income Tax (as
amended by Law Number 10 of 1994), Government Regulation Number 19 of
1955 and their implementing regulations each as at the date of commencement of
this Memorandum:
14.
(a)
Exempt the Australian Project personnel from, or bear the costs of,
import duties and other taxes imposed by the GOI on taxable goods
and services or import of taxable goods for, or related to, the execution
of Activities under this Memorandum; and
(b)
Exempt Australian Project personnel from the payment of custom
duties, excise duties and other taxes in respect of bona fide Personal
and Household effects brought into the Republic of Indonesia within
six months of his or her first arrival in the Republic of Indonesia for
their own use or the use of their Dependants. In the event of theft. fire
or other destruction, the exemptions under this paragraph may be reexercised at any time during the assignment of the Australian Project
personnel.
Australian personnel may purchase duty free items
provided that such purchases will be made from duty free stores.
SUPPLIES
At completion of the Project, subject to paragraph 8 above, all equipment and
vehicles supplied as part of the Australian contribution to the Project will become
the property of the Government of the Republic of Indonesia. All supplies used for
the NTT Community Pilot sub project will remain in NTT. Similarly supplies for
the National Capability Building and Training component will remain in Jakarta.
The Project Coordinating Cornn1ittee will agree on a detailed asset distribution
plan. Final asset distribution will follow GOA approval.
15.
MOTOR VEHICLES FOR PERSONAL USE
1. The GOI will, in accordance with Government Regulation Number 19 of 1955
and its implementing regulations each as at the date of entry into force of this
Memorandum, make exempt from, or bear the cost of, customs duties, and
other taxes in respect of one locally assembled motor vehicle purchased for an
Australian Project personnel's personal use provided that:
(a)
the Australian Project personnel are assigned in Indonesia for at least
twelve (12) months consecutively:
(b)
such motor vehicle is purchased locally within the period of six (6)
months from the date of his/ her first arrival in the Republic of
Indonesia; and
6
(c)
2.
16.
upon completion of his/her assignment, the motor vehicle is disposed
of in Indonesia either to a person who has the same privileges or to the
agent authorised by the GOI.
In the event of fire, theft, damage or destruction, the exemptions under this
Article may be re-exercised provided the remaining assignment of the
Australian Project personnel is for at least eight (8) months.
TRANSPARENCY OF LAWS
The GOI will, upon request, inform Australian firms and Australian Project
personnel of local laws and regulations that may concern them in the performance
of their duties. The GOI will notify the GOA of any changes in its law and
regulations and will inform the GOA of the application of such changes. If either
Government considers it appropriate, the two Governments will consult to find a
mutually acceptable solution concerning such changes.
17.
EQUALITY OF TREATMENT
Australian frrms, Australian Project Personnel and their Dependants will be
accorded no lesser benefits. privileges and exemptions than those accorded to other
non-Indonesian firms or nationals under any other bilateral anangement for
development cooperation.
18.
SECURITY
The GOI will arrange for protective services necessary to ensure the safety of:
19.
(a)
the Australian Project Personnel, their Dependants, their property;
and
(b)
Australian Project supplies.
SETTLEMENT OF DIFFERENCES
Differences that may arise relating to the interpretation or application of the
provisions of this Memorandum will be settled by means of negotiations between
the GOI and the GOA or in any other manner mutually agreed upon.
20.
AMENDMENTS
Amendments to this Memorandwn may be made at any time by an arrangement in
writing between the two Governments.
7
21.
COMMENCEMENT
This Memorandum will take effect from the date of its signature and the Project
will be deemed to have commenced from that date. The Australian contribution to
the Project and all undertakings given herein will cease 3 years after the date of
signature of this Memorandum or on such other date as may subsequently be
arranged between the two Governments.
ANNEXURES to this Memorandum form an integral part of it.
IN WITNESS WHEREOF, the undersigned, duly authorised by their respective
Governments, have signed this Memorandum.
SIGNED in duplicate, at Jakarta, on this 24th day of February in the year of two
thousands, in two (2) originals of the English language, both of the texts being
equally authentic.
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
FOR THE GOVERNMENT OF
AUSTRALIA
Signed
Signed
Dr. H. Soefjan Tsauri, MSc.
'-").: ' Chairman, Indonesian Institute of Sciences
8
John McCarthy
Australian Ambassador to Indonesia
ANNEX 1
DESCRIPTION OF PROJECT ACTIVITIES
CORAL REEF REHABILITATION & MANAGEMENT PROJECT
(COREMAP)
Pro ject Objective
The primary goal of the program is the protection, rehabilitation and sustainable
utilisation of coral reefs and associated ecosystems of Indonesia. The overall
COREMAP program comprises five major components of which the World Bank
is financing three, the Asian Development Bank one, and the fifth will be
supported by AusAID.
Proj ect Origin
The COREMAP program was developed in response to a request from the GOI to
the World Bank in 1995. Indonesia will host the International Coral Reef
Symposium in October 2000 and the government wanted to develop a program
focusing on achievements by that time, to protect coral reefs and reduce destructive
fishing practices that damage the reefs. An Austral ian firm, AMSAT won the
contract to prepare the original COREMAP design.
AusAID involvement with COREMAP began in 1997 with a review of the design
and participation in a joint donor coordination mission with the World Bank and
nCA. The outcome of this mission was an aide memoir identifying a three-year
COREMAP process involving pilot projects in four provinces to test the viability
of different management models.
r
The national COREMAP was launched in Jakarta in September 1998. Phase One
will run for three years. The World Bank is financing the Community Based
Management, Public Awareness and Law Enforcement components. The Asian
Development Bank is funding the Research and Monitoring component and
AusAID will support the National Capability Building and Training component
and the NTT Community Pilot sub project.
Rationale
Coral reefs are a major productive and biodiversity asset in Indonesia, and are of
importance to fisheries, tourism, natural heritage conservation and shoreline
protection. Indonesia's coral reefs are under threat from destructive fishing
practices and from land-based pollutants. The GOI has identified coral reef
management as a national priority.
The objective of the Australian Development Cooperation Program is to reduce
poverty and promote sustainable economic and social development. The proposed
AusAID assisted COREMAP activities will focus on strengthening participatory
9
plmming processes and local management of coral reef resources, and the
surveillance m1d enforcement of regulations. The project also aims to improve
livelihoods through sustainable management of the coral and coastal zone
resources, and the development of alternative income generating activities. The
training component activities will result in communities, local and national
government agencies and research orgmlisations having an improved capability and
capacity to implement coral reef and coastal resource plaiming and management
activities effectively.
Project Description
AusAID ' s assistance will be divided between support for the pilot Community
Based Management project in Nusa Tenggm·a Timur (NTT) province and the
National Capability Building and Training component.
A. NTT PILOT COMMUNITY BASED CORAL REEF AND COASTAL
ZONE PLANNING AND MANAGEMENT SUB-PROJECT
Goal
To pilot processes of community and government planning and management that
will sustain and conserve coral reefs and coastal zones.
Strategy
Overall the NTT Pilot Sub-Project will focus on developing and testing processes
for participatory plaiming and management to sustain and conserve coral reef and
other coastal resources. The selection criteria for the identification of project sites
in the NIT pilot sub-project will be finalised at the start of sub-project
implementation. Actual site selection will be undertaken at that time. The key
features ofthe sub-project strategy are described below.
•
A central strategy of the sub-project will be an iterative participatory planning
process to define action plans for the sustainable management of coral reefs
and coastal zones. The process will involve community and stakeholders
(particularly government, NGOs and where appropriate private sector) at subdistrict, district and provincial levels. Outcomes of the process will be resource
maps, social assessments, formulation of tenure systems. responsibilities and
regulations, proposals for alternative livelihoods and environmental support
infrastructure development, and plans for surveillance and enforcement.
•
Community-based participatory assessments will be the basis for the
development of sustainable management plans. These plans will integrate
community priorities and concerns that may differ with location and etlmic
grouping. Local communities will also be actively involved in defining tenme
systems m1d regulations thus traditional systems may be integrated into the
community-based management plans.
The communities will also be
responsible for decision-making and management of local surveillance and
enforcement activities, in alternative livelihood activities, and, in monitoring
10
the condition of coral reefs and associated ecosystems to assess the
effectiveness of community management plans.
•
A focus on partnerships of all stakeholders involved in coral reef and other
coastal resource use and management. This partnership will be promoted
through (i) stakeholder workshops, (ii) an emphasis on information feedback
between stakeholders at all levels. and (iii) an emphasis on negotiation and
mediation to reach common agreements and to reso lve conflicts among
stakeholders.
•
The Sub-Project design also places central importance on the sustainability of
planning processes, using existing community and government institutions.
The community-level participatory planning process is modelled on the GOI
village planning process (the P3MD) and is linked with GOI annual budget
planning. While the sub-project will provide a small revolving fund to enable
alternative livelihood options to be established, community-based proposals for
such development activities will use, where possible. existing funding sources
(Village Subsidy or JOT funds).
•
An emphasis on increasing opportunities for women to participate in decision
making associated with the implementation of the project, and to benefit from
the project. Training in gender sensitivity and gender analysis will be provided
to field staff and other project personnel. Operational guidelines will also be
developed to ensure that women are included in the participatory planning
process and in the community organisations. In addition, gender affirmative
guidelines and selection criteria wi ll be developed to improve gender equity in
representation on sub-project committees and in workshops and training
programs.
•
A focus on ensuring that the policy implications from the pilot sub-project are
fed back into government planning. Local priorities wi ll be highlighted to the
national PMO for the development of national regulations and legislation.
Lessons learnt from the pilot will also be analysed for the development of
future coral reef and coastal zone management projects.
Components
The sub-project consists offour components.
1: Participatory Planning and Management
Objective: To develop and strengthen participatory planning and management
processes to sustain and conserve coral reefs and coastal zones.
The strategy in this component comprises a participatory process to be undertaken
by village communities and stakeholders at the sub-district and district levels. to
develop plans for the sustainable management of coral reefs and coastal zones. The
sub-project will support local commun ities in this planning and management
process through the provision of assistance from trained NGO Community
1I
Facilitators and Field Coordinators. The participatory planning process at the subdistrict and district levels will be based on community management plans, and will
involve stakeholders in the assessment of key constraints and in developing the
sub-district and district framework and management plans.
In the first month of the sub-project, a multi-disciplinary team drawn
from government, NGOs and universities will undertake rapid rural
appraisals and analyse secondary data for the selection of project sites.
2: Coastal Resource Information Management
Objective: To establish a computer based coastal resource information system that
is accessible by all stakeholders, and which will facilitate coastal zone resource
allocation and use, resource management (including monitoring), and the
enforcement of resource use decisions.
The strategy in the data management component of the sub-project is to facilitate
information storage, information sharing, improving stakeholder access and coastal
resource data. Some data have already been collected by various agencies involved
in the COREMAP process. and these data sets will be collated and made available
to all sub-project stakeholders.
3: Regulation and Enforcement
Objective: To establish and strengthen processes for the formulation and
endorsement of coral reef/coastal zone regulations, and protocols for the operation
of surveillance and enforcement by communities, local and provincial government
agencies to support sustainable resource management.
The strategy in this component is to: (i) review legislation and regulations on
coral reef and coastal zone management, (ii) develop processes for fonnulating
coral reef and coastal zone management regulations with communities and local
(Sub-District, District) and provincial government pa1ticipation, and, (iii) to seek
endorsement of these regulations by communities, local and provincial
government. To enforce the regulations effectively the project will work with all
stakeholders to establish and strengthen practices and protocols for surveillance
and enforcement.
4: Project Management
Objective: To provide cost effective and efficient project management and
monitoring systems.
The strategy in this component is to implement effective management procedures
and monitoring systems, and based on the lessons learnt to develop policy
implications for sustainable coral reef and coastal zone management.
12
B. CAPABILITY BUILDING AND TRAINING COMPONENT OF THE
GOI COREMAP
Goal
To improve the capability of key stakeho lders to undertake participatory coral reef/
coastal zone planning and management. applied research, as well as to disseminate
information and provide training.
Program Component Strategy
The strategy is to target key stakeholders and to assist in strengthening their
capability through the provision of training. The target stakeholder groups will be:
•
•
•
Coastal communities to undertake a range of participatory planning and
management activities related to coral reefs;
Agencies responsible for coral reef/coastal zone management to undertake
participatory planning and management, strategic coastal zone planning.
project management and resource management ｡｣ｴｩｶ･ｳｾ＠
Coral Reef Training and Information Centres (CRTICs) to provide sector based
training, information dissemination and applied research needs.
Program Component Description
A progran1 approach will be used for this national training component which will
provide flexibility so that training activities are responsive to identified priority
training needs and demands. At this stage it is not possible to identify the training
needs of key stakeholders in detail.
The capability building and training will be implemented through four subcomponents: training procedures and protocols; community-based capability
building; institutional strengthening for coral reef management, and information
management and training.
A training co-ordination unit will operate within the Project Management Office
(PMO) at the national level. It will have a critical role in establishing the training
protocols for the submission of identified training needs and proposed training
programs from the COREMAP components to be assisted; selection and approval
processes for training; and the institutionalisation of standard monitoring and
evaluation systems for the training. It will be responsible for disseminating
information and co-ordinating the training. Each of the assisted COREMAP
components will be responsible for preparing an endorsed training progran1 and
annual plan that will be submitted to the training committee for funding.
The training supported by AusAID will focus on three main areas:
•
Community capability building for the four community-based pilot projects
receiving foreign assistance (NTT, Irian Jaya, South Sulawesi and Riau).
13
•
Institutional strengthening for coral reef management in the four communitybased pilot projects receiving foreign assistance and in the national PMO.
•
Information management and training skills development for the four
community-based pilot projects receiving foreign assistance.
Limits will be set on the level of funding and the types of training that will be
supported. The training activities are expected to range from short term training
courses, on the job training, seminars and study tours to long term training courses.
The ATL and Training Coordinator, in partnership with the Training Coordinating
Committee, will prepare guidelines covering the open and transparent selection of
training providers under this sub-project. Agreement on the eligibility of
COREMAP participants to tender for Australian project-funded training activities
will need to be established and incorporated into these guidelines.
The selection criteria for funding approval will include: an annual training plan; the
target group (a priority being COREMAP staff); the cost effectiveness of the
training; and the extent of impact.
Duration
The duration of both the NIT pilot sub-project and the national capability budding
and training component of the COREMAP program will be three years. This will
enable co-ordination with the planned World Bank and Asian Development Bank
COREMAP activities under Phase I of COREMAP.
Institution aU Implementation Arrangements
The AusAID project activities will operate under one Australian managing
contractor, with the Australian Team Leader based with the pilot sub-project in
NTT, and the Training Co-ordinator based in COREMAP PMO. Jakarta. A Project
Coordinating Committee (PCC) will operate at the national level, and include the
COREMAP Steering Committee and representatives from NIT Provincial
BAPPEDA, and AusAID (Jakarta).
The collaboration with the World Bank and Asian Development Bank components
of COREMAP will be undertaken through the regular Joint Supervision process.
At the provincial level the Project Management Unit (PMU) will be located in the
BAPPEDA office. and BAPPEDA will have a key role coordinating counterpart
agencies. Relevant institutions represented at the COREMAP Provincial Taskforce
will be used as the Project Steering Committee at the provincial level. The Steering
Committee will be led by the NTT Governor and the NIT Provincial BAPPEDA
I lead will be responsible for chairing meetings. At the Kupang District level a
project management unit will operate within the District BAPPEDA office. A
District Steering Committee will also be established.
14
Financing
The contributions of the GOA and the GOI are detailed in Annexes 3 and 4 of this
Memorandtm1 and are estimated to value $A 8.2 million and $A 0.9 million
respectively. Disbursement of Australian contributions will be subject to the
normal Australian armual parliamentary approval of appropriations.
15
ANNEX 2
KEY RESPONSIBILITIES
1.
General:
1.1 .
Australian Project Personnel and Indonesian Officials will cooperate in
ways consistent with the achievement of Project objective and in the
context of the process and requirements of the Government of the
Republic of Indonesia.
1.2.
Detailed monitoring, evaluation and coordination of progress in the
implementation of the Project will be tmdertaken by the Project
Coordinating Committee (PCC) as outlined in Paragraph 4 of thi s
Memorandum. PCC meetings will be held in Jakarta or any other place
chosen by the committee at list twice a years or may be convened at any
other time by either governn1ent.
1.3.
A suitable contractor will be engaged by AusAID on behalf of the
Government of Australia to provide management and technical support to
the Project.
2.
Government of Indonesia
LIPI as the Executing Authority for the Project will have the following key
responsibilities:
(a) Securing and ensuring the disbursement of GOT contributions to the
overall Project budget, including budgets for local training,
procurement, travel and other counterprut costs:
(b) determine program funding for the cost of major works and other
physical implementation costs associated with environmental
management activities to be carried out by relevant GOI institutions
such as NTT Bappeda, PMO, etc.;
(c) Releasing of cotmterpart staff to participate in Project activities;
(d) Nominating the Chairperson and GOI representatives on the Project
Coordinating Committee;
(e) Sharing information on departmental activities essential to the Project
Capability building process, such as annual development project
proposal lists (DUP) and approval lists (DIP);
(t) Ensming consultation with community groups and other stakeholders
on Project activities;
(g) Ensuring integration of the Jakarta-based Australian Project team into
the PMO office;
(h) Coordination and liaison between this Project and other related projects
in the environmental management field; and
(i) Facilitation of necessary approvals and authorities relevant to the
effective implementation of the project.
2. Government of A ustralia
2.1. The Australian Agency for International Development of the Department of
Foreign Affairs and Trade (AusAID) as the Executing Authority for the
Project will have the following key responsibilities:
(a) Selecting an Australian Managing Contractor (the Contractor) to
provide overall management and administration for this Project;
(b) Nominating Australian representatives on the Project Coordinating
Committee:
(c) Approval of individual activities and budgets;
(d) Seeking accreditation for consultants
(e) Monitoring Australian Managing Contractor performance in-country;
and
(1) Processing payments to the Australian Managing Contractor.
2.2
The Contractor will have responsibility for:
(a) Monitoring the performance of the Project against agreed outcomes and
provide direction to ensure its objectives are met:
(b) Providing a high level of advice to AusAID and the GOI on the risks
associated with the Project and the performance of the Project;
(c) Selecting and appointing Australian and Indonesian resources for input
to the Project;
(d) Establishing and ensuring maintenance of project management,
administration, financial and reporting systems;
(e) Directing and monitoring all aspects of the progress of the Project,
including the activities and performance of all advisers;
(f) Regularly reporting on progress against performance targets in line with
contractual requirements and constraints on delivery ;
(g) Where appropriate, authorise equipment and material to be supplied as
part of the Project;
(h) Preparing Annual Plans for the Project;
(i) Selecting and manage local professional, technical and administrative
resources for the Project: and
U) Representing the Project on relevant coordination committees and other
mechanisms established to assist with Project implementation.
2.3
Sub-contractors:
(a) Implementation of activities in accordance with specific TOR; and
(b) Liaison with the Australian Managing Contractor in regard to all
matters affecting performance and payment.
ANNEX 3
CONTRIBUTION OF THE GOVERNMENT OF AUSTRALIA
l.
Financial Contribution
The GOA wiJJ make a contribution to the Project totalling an estimated $A 8.239
million over a tlu·ee year period. Disbursements of Project funds will be subject to
the prevailing annual budget appropriations. Any changes will be notified to the
GOI. The contribution of the GOA is described below. Details of financial
contributions by the GOA and GOI are set out in Annex 5 to this Memorandum (as
agreed in the Project Design Document November 1998).
2.
Personnel
The GOA will provide accommodation, travel costs and remuneration for all
Australian and locally engaged staff assigned to the Project. The staff includes:
(a) Project Director;
(b) Team Leader (Kupang);
(c) Training Coordinator (PMO);
(d) Coastal Resource Management Adviser (Kupang);
(e) Community Development Adviser (Indonesian National, Kupang)
(t) Finance Officer (Indonesian National. PMO);
(g) Necessary locally engaged staff;
(h) Short-term specialist advisers. Depending on the skills and experience
of the long term advisers, a range of short-term specialists may be
required to provide management advice and on-the-job training in the
following disciplines:
(i)
(ii)
(iii)
(iv)
(v)
GIS Database Systems Applications Adviser;
Anthropologist/Sociologist;
Conflict resolution Adviser;
Environmental Coral Resource Marine Lawyer (national);
Various Capability Building and Training Short-term inputs
3.
Training
Training will be provided in accordance with the Project Design Document dated
November 1998. The types of training activities are expected to range from shortterm training courses, on the job training, seminars, study tours and to long-term
training courses. The selection criteria for funding approval will include: an annual
training plan: the target group; the cost effectiveness of the training; and the extent
of impact.
4.
Procurement, Maintenance and Project Management
4.1
The GOA will provide funding to the Contractor for all vehicles, vessels.
maintenance, equipment and materials to be allocated and used in
accordance with the Annexes 6.3 and 6.4 of the Project Design Document.
4.2
The GOA will also fund the costs of project management in accordance
with Annex 6.3 and 6.4 of the Project Design Document and the Contract.
ANNEX 4
CONTRIBUTION OF THE GOVERN MENT OF THE REPUBLIC OF
INDONESIA
1.
Financial Contribution
The contribution of the GOI is estimated in the Project Design Document to value
$A
0.897
million and is described below. Details of the apportionment of financial
contributions by the GOA and GOI are set out in Annex 5 to this Memorandum (as
agreed in the Project Design Document August 1998).
2.
Personnel
The GOI will nominate a Counterpart Training Coordinator in the PMO who will
work closely with the Australian Project Train ing Coordinator. Counterpart
staffing requirements for the NTT Pilot sub-project will be in accordance with
Annex 6.4 of the Project Design Document.
3.
Training
In-Indonesia Training: The GOI wi ll provide the following in-kind contributions in
full for the duration of the Project in accordance with Annexes 6.3 and 6.4 of the
Project Design Document:
4.
4.1
(a)
appropriately located and furbished training facilities, free of rent
and other charges;
(b)
counterpart trainers and/or training participants for the delivery of
courses and other Project related training activities;
(c)
Project training-related utility charges; and
(d)
incidental costs associated with in-Australia training, including
passport formalities, provision of exit permits and provision of
FISKAL exemptions for all participants.
Procurement and Maintenance
The GOI will meet all maintenance costs associated with the Project applies.
5.
Office Accommodation and Services
5.1
The GOI will meet all costs associated with the following office and
services expenses for the full duration of the Project:
(a) Reasonable office space for the Project headquarters in the NTT
Bappeda office and for the Training Component in the PMO office;
(b) Utilities charges and rent for office accommodation;
(c) Operation and maintenance costs of existing GOI vehicles used for
Project purposes: and
(d) Costs associated with the Project Coordinating Committee meetings,
including salaries of GOI staff involved and venues for meetings. This
also includes attendance fees, food and beverages for other Projectrelated meetings.
5.2
The GOI will also disseminate relevant infonnation about training
opportunities and other Project activities.
ANNEX5
ACTIVITY COST ESTIMATES
The total Australian Government contribution to the project will be A$ 8.239 million
over three years. The total Indonesian Government contribution to the project will be
A$0.897 million.
TABLE 1: Estimates of Total Activity Cost
Contribution by Government
(AUD)
Year 1
Year2
Year3
Total
NTT Sub-Project (GOA)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
428,050
267,200
388,550
499,600
1,583,400
648,150
245,500
180,950
313,600
1,388,200
364,300
104,000
130,300
343.600
942,200
1,440,500
616,700
699,800
I, 156.800
3,913,800
NTT Sub-Project (GOI)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
18,000
10,500
13,500
7,500
49,500
20,000
12,000
14,000
6,000
52,000
13,000
18,500
10,000
6,000
47,500
51,000
41,000
37,500
19.500
149,000
675,000
239,700
331,400
192,000
1,438,100
542.100
322.700
489,200
530,500
1.884,500
457,400
154,200
202,200
189,000
1,002,800
I ,674,500
716,600
1,022,800
911,500
4,325,400
36,000
45,000
70,000
45,000
196,000
36,000
90,000
140,000
90,000
356,000
36,000
45,000
70,000
45,000
196,000
108,000
180,000
280,000
180,000
748,000
3,021,500
245,500
3,272,700
408,000
1,945,000
243,500
8,239,200
897,000
Capability
Building
Project (GOA)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
Sub-
Capability
Building
Project (GOI)
Sub-component one
Sub-component two
Sub-component three
Sub-component four
Total
Sub-
Total GOA Contribution
Total GOI Contribution
23
ANNEX6
PROTECTION, OWNERSHIP AND ALLOCATION OF INTELLECTUAL
PROPERTY BY PARTICIPANTS IN ACTIVITIES UNDER TIDS
MEMORANDUM
I. This Annex provides an indication of the Intellectual Property issues that should
be addressed by Participants in the Implementing Arrangements.
2. Notwithstanding anything stated or implied in this Annex, it is the sole
responsibility of prospective and actual Participants to take all necessary steps.
including obtaining expert professional advice, to ensure that their legal and
commercial positions are adequately protected and to ensure adequate legal and
physical protection for Background Intellectual Property and Foreground
Intellectual Property.
3. Implementing Arrangements should contain clauses that
(a)
(b)
(c)
Specify appropriate procedures for checking-
(i)
prior to the commencement of the Activity; and
(ii)
as appropriate during the Activity;
for third party Intellectual Property that might:
be infringed by the Participants while carrying out
Activities: or
infringe Intellectual Property created under
Implementing Arrangement.
the
Identify each Participant's Background Intellectual Property and:
(i)
the nature of the protection that has been or needs to be,
accorded to that Background Intellectual Property; and
(ii)
the nature of any third party rights restricting the use of
Background Intellectual Property;
Specify appropriate procedures for:
(i)
identifying;
(ii)
determining ownership of: and
(iii)
protecting:
Foreground Intellectual Property;
24
(d) Specify appropriate procedures for approving the conditions on which each
Participant may be licensed to use Foreground Intellectual Property for its
own non-commercial purposes (which purposes exclude sub-licensing and
commercial purposes such as manufacturing and having manufactured)
and for commercial purposes;
(e) Specify appropriate clauses allowing a Participant to be licensed to use
another Participant's Background Intellectual Prope1ty when it is
reasonably necessary for the commercial use of Foreground Intellectual
Property;
(f) Specify appropriate
procedures
for licensing third parties to use
Foreground Intellectual Property, including where such use requires access
to another Participant's Background Intellectual property and the
conditions upon which a licence to the Background Intellectual Property
will be granted;
(g) Specify appropriate procedures for approval by all the Participants, prior
to disclosure, of the public disclosure of infmmation through
publications, seminars or any other means;
(h) Specify the rights and obligations of visiting researchers involved in the
Activity and particularly in relation to Intellectual Property created by
them during their work in the Activity;
(i)
Nominate the governing law of the implementing Arrangement; and
U) Specify appropriate procedures for the resolution of disputes, including
international commercial arbitration.
25