Supplemental Memorandum of Understanding (“Supplemental MoU”) between the South Asia Foundation (“SAF”), the South Asian Institute of Advanced Legal and Human Rights Studies (“SAILS”) (to be restructured as the SAILS Law University of South Asia (“SAILS University”)) and Madanjeet Singh Institute of Human Rights and South Asian Common Law (“MIHRSACL”)
Whereas a Memorandum of Understanding (“MOU”) dated 26 December 2006 has been signed between the South Asia Foundation (“SAF”), the South Asian Institute of Advanced Legal and Human Rights Studies (“SAILS”) and Madanjeet Singh Centre for Research on South Asian Law (“Madanjeet Singh Centre”) setting forth the agreements reached between the parties relating to the establishment of SAILS and Madanjeet Singh Centre;
And whereas, in accordance with the MOU, SAILS was established in Bangladesh as a centre of excellence for research and education in South Asian law and human rights and, within it, the Madanjeet Singh Centre was established as a centre for research on South Asian law, which, it has been decided should be named as the Madanjeet Singh Institute of Human Rights and South Asian Common Law (“MIHRSACL”);
And whereas, amongst other programmes, SAILS/MIHRSACL successfully held Certificate Courses on Clinical Legal Education (CLE) and Alternative Dispute Resolution (ADR), which were attended by about forty participants from six SAARC countries and conducted by senior law teachers from the SAARC region, including, Prof. N. R. Madhava Menon and Dr. Aman Hingorani from India, Prof. Yubaraj Sangroula from Nepal and Dr. Dave Hollnes from South Africa;
And whereas, in light of the experience of the initial years of SAILS, it has been decided that SAILS be restructured as the SAILS Law University of South Asia (“SAILS University”) and the Madanjeet Singh Centre be renamed as Madanjeet Singh Institute of Human Rights and South Asian Common Law (“MIHRSACL”), being an institute under the SAILS University;
Now, therefore, the parties have decided to enter into this Supplemental Memorandum of Understanding (“Supplemental MOU”) to record their decisions and agreements as follows:
SAILS University and MIHRSACL
1. SAILS shall be restructured as the SAILS Law University of South Asia (“SAILS University”) and the Madanjeet Singh Centre shall be renamed as Madanjeet Singh Institute of Human Rights and South Asian Common Law (“MIHRSACL”) being an institute under the SAILS University devoted to the study and education of human rights and South Asian law. Upon signing of this Supplemental MOU, the MIHRSACL shall replace the Madanjeet Singh Centre established under the MOU dated 26 December 2006.Objectives of MIHRSACL
2. In conformity with the cardinal SAF objectives of promoting regional cooperation, MIHRSACL will establish itself as a centre of excellence for research and education in South Asian law and human rights. As the leading institution of its kind, it will undertake teaching and research in its chosen area.
3. MIHRSACL will be involved in post-graduate legal education and will offer, in conjunction with SAILS University and other partner institutions, degrees and certificates within its area of expertise.
4. MIHRSACL will design and undertake research projects and provide support to research programmes approved by it. It will offer fellowships to academics and professionals to undertake research on topics relating to human rights and South Asian law.
It will also engage in publication of books, journals, working papers, bulletins and newsletters containing original research works and articles, reports and information about matters of interest to researchers and other concerned in the field. MIHRSACL will organise national and international conferences, seminars, symposiums, workshops and lectures on various subjects for interested persons.
SAF funds to be spent in accordance with the Appendix
5. Funds provided to MIHRSACL by SAF shall be spent in accordance with the provisions set out in the Appendix to this Supplemental MoU, which shall form an integral part of this Supplemental MoU.
Supplemental MoU integral part of MoU
6. MIHRSACL will be an Institute within SAILS University and will be governed in accordance with the MoU dated 26 December 2006. This Supplemental MoU shall be an integral part of the MoU dated 26 December 2006. In case of any conflict between this Supplemental MoU and the MoU dated 26 December 2006, this Supplemental MoU shall prevail.
Dated: 23 September, 2010
Dr. Kamal Hossain
On behalf of MIHRSACL and SAILS
(to be restructured as SAILS University)
On behalf of SAF
1. As regional cooperation is the main objective of South Asia Foundation, the SAF institutions of excellence shall annually offer at least 16 fully‑paid SAF Madanjeet Singh Group Scholarships.
2. At least 70% of the funds provided by SAF annually shall be spent on group scholarships and 30% on scholarship‑related expenditure, comprising items such as the purchase of books, inviting short‑term teachers and instructors from other SAARC countries, temporary staff for projects such as workshops, research etc.
3. Subject to the availability of funds, SAF institutions of excellence shall increase the number of scholarships, based on gender equality.
4. Any unspent amount of annual SAF grant shall be carried over to cover the cost of SAF Group Scholarships during the subsequent year.
5. In conformity with the resolution adopted in 2002 by SAF Governing Council, the institutions are obliged to contribute at least half the funds, in cash or kind, provided by SAF.
6. No SAF funds shall be spent on construction of buildings, repairs, maintenance and related infrastructures.
7. SAF annual installments of funds for the subsequent year shall be paid to the institutions on receipt of authorized auditor's reports, listing the names of students and itemized details of the expenditure incurred on each scholarship and the scholarship‑related costs (Art 2).
8. The annual reports by SAF institutions of excellence shall be sent to SAF-India chapter, New Delhi, to be rechecked before they are forwarded to the SAF Trustees for subsequent payments.