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Agreement between the Government of Canada and the Government of the Republic of Namibia for the Training in Canada of Personnel of the Armed Forces of the Republic of Namibia [1991] CATSer 23 (19 September 1991)

E101050 - CTS 1991 No. 48

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA FOR THE TRAINING IN CANADA OF PERSONNEL OF THE ARMED FORCES OF THE REPUBLIC OF NAMIBIA

The Government of Canada and the Government of the Republic of Namibia, (hereinafter referred to as Canada and Namibia respectively),

CONSIDERING that Namibia has requested Canada to provide training in Canada for personnel of the armed force of Namibia,

HAVE AGREED AS FOLLOWS:

ARTICLE ONE

Definitions

In this Agreement:

a) "trainee" means a member of the armed forces of Namibia, who has been authorised by his Government to undergo training in Canada with the Canadian Forces and who has been accepted by Canada for training; and

b) "training" means the military training prescribed by the Chief of Defence Staff of the Canadian Forces.

ARTICLE TWO

Training

Subject to the terms and conditions of this Agreement, Canada shall provide training in Canada for trainees in such numbers as may from time to time be agreed upon by the appropriate authorities of Namibia and Canada.

ARTICLE THREE

Costs

Unless other arrangements are made for particular courses of training, costs shall be borne as follows:

a) Canada shall bear the cost of:

i) the allowances mentioned in sub-paragraphs (b) (iii) and (b) (iv) of Article 4;

ii) tuition, clothing and equipment required for training and all other costs;

iii) rations and quarters;

iv) duty travel in connection with the training; and

v) administration, including routine medical and dental care.

b) Namibia shall bear the cost of:

i) the pay and allowances mentioned in sub-paragraph (a) of Article 4;

ii) the maintenance allowance provided for in sub-paragraph (b) (i) of Article 4;

iii) the clothing allowance provided for in sub-paragraph (b) (ii) of Article 4;

iv) return commercial transportation between Namibia and Canada, including all in-transit costs;

v) major medical care relating to serious injury and illness and major dental care; and

vi) ex gratia payments made under Article 13.

ARTICLE FOUR

Pay and Allowances

Trainees during their period of training in Canada shall be paid as follows:

a) Namibia shall issue to the credit of each trainee in Namibia such pay and allowances, according to his/her rank, and he/she may be entitled to receive under Namibian regulations. The Namibian authorities will assume responsibilities for arrangements such as assignments or deductions from any such pay and allowances, which may be required to meet such obligations as the support of a trainee's dependents in Namibia. A trainee may make private arrangements to draw upon any balance of such pay and allowances remaining to his/her credit to meet his/her personal expenses while in Canada, if and to the extent that such arrangements are permitted by the Namibian authorities. Pay and allowances issued by Namibia shall be exempt from Canadian taxation.

b) Allowances shall be issued by Canada to each trainee, to meet his/her living and other expenses during his/her period of training as follows:

i) a Maintenance Allowance at a rate appropriate to the trainee's rank;

ii) a Clothing Allowance if the trainee is in Canada for at least two months or during the winter season (October to April);

iii) a Ration Allowance, in an amount to be determined by the Minister of National Defence, at any time that rations are not provided to the trainee free of charge; and

iv) a Leave Transportation Allowance when appropriate, having regard to the duration of the training, at the rates applicable to members of the Canadian Forces.

c) The rate of the Maintenance Allowance and Clothing Allowance mentioned above will be determine in consultation with the Namibian authorities. Allowances issued by Canada shall be exempt from Namibian taxation.

ARTICLE FIVE

Military Jurisdiction

Trainees shall not, during the period of their training in Canada, be subject to the Code of Service Discipline of the Canadian Forces. The authorities of Namibia will, however, issue in advance to trainees appropriate written orders, a copy of which will be conveyed to the authorities of Canada, to ensure compliance by the trainees with orders and instructions issued to them by the authorities of the Canadian Forces during the period of their training in Canada. If, in the opinion of the authorities of the Canadian Forces, a trainee fails to comply with said orders and instructions, his/her training may be terminated.

ARTICLE SIX

Prohibited Activities

A trainee shall not during the period of training in Canada:

a) be required to participate in any form of combat operations either in or out of Canada or in aid of the civil power; or

b) be required to perform any function duty or act that is inconsistent with the purpose of this Agreement.

ARTICLE SEVEN

Canadian Law

Trainees will be amenable to the civil and criminal laws in force in Canada and to the jurisdiction of civil and criminal courts in Canada.

ARTICLE EIGHT

Security and Protection

Canada shall take measures to ensure the security and protection within Canada of the person and property of trainees, to the extent that it does for members of the Canadian Forces.

ARTICLE NINE

Disclosure

Namibia shall take security measures to prevent the disclosure by a trainee, after the cessation of his/her training, to any other government or to any unauthorised person of classified Canadian information of which he/she may become cognizant in his/her capacity as a trainee.

ARTICLE TEN

Claims

Canada waives all claims against Namibia for losses of - or damage to - any property owned or used by Canada where such loss or damage is caused by a trainee acting in the course of his/her official duties and where there is no evidence of neglect or malice on the part of the trainee.

ARTICLE ELEVEN

Claims

Canada and Namibia waive all claims against each other for injury or death suffered by a trainee or a member of the Canadian Forces while either is engaged in the performance of his/her official duties. The parties agree that, for the purpose of any claim by any person arising out of the injury or death of a trainee in the performance of his/her duties, Canada shall be deemed, for the purpose of this Agreement, to be the agent of Namibia, and that all such claims shall accordingly lie against Namibia in accordance with Namibian law.

ARTICLE TWELVE

Claims

A claim against Namibia, or a trainee, arising out of an act or omission of a trainee in the performance of his/her official duties, shall be assimilated to and be dealt with by Canada as if it were a claim arising out of the activities of a member of the Canadian Forces in the performance of his/her official duties in Canada. This Article shall not apply to any claim arising in connection with the death of or injury to a trainee.

ARTICLE THIRTEEN

Ex Gratia Payments

Claims against trainees arising out of acts or omissions in Canada not done in the performance of official duty may be dealt with in the following manner:

a) Canadian authorities may investigate the incident giving rise to the claim and prepare a report on the case, including an estimate of the amount of money which the Canadian authorities consider would represent reasonable compensation for the death, injury or property damage or loss suffered by the claimant;

b) the report may be delivered to Namibian authorities who, upon receipt, shall decide without delay whether to offer an ex gratia payment and, if so, of what amount;

c) any offer of an ex gratia payment or payment itself by the Namibian authorities may be sent to the claimant directly or through the Deputy Minister of the Department of National Defence;

d) nothing in this Article affects the jurisdiction of courts in Canada to entertain an action against a trainee unless and until there has been payment in full satisfaction of the claim; and

e) where the claim has been adjudicated by a court in Canada or Namibia and a judgement rendered in favour of the claimant, the Namibian authorities will consider whether to make an ex gratia payment to satisfy the judgement, or to take such other step as they may within the bounds of Namibian domestic legislation to seek compliance with the judgement.

ARTICLE FOURTEEN

Immigration

On the conditions in the second paragraph of this Article and subject to compliance with the formalities established by Canada relating to entry into - and departure from - Canada of military trainees from foreign countries, trainees shall be exempt from passport and visa regulations on entering or leaving Canada.

The following documents only will be required in respect of trainees, and they must be presented on demand:

a) personal identity card issued by Namibia, and

b) individual or collective movement order, in the English or French languages, issued by the appropriate authorities of Namibia.

ARTICLE FIFTEEN

Immigration

A trainee shall not by virtue of his/her presence in Canada as a trainee:

a) acquire any right to remain in Canada, after his/her training has been completed or otherwise terminated; or

b) acquire domicile in Canada.

ARTICLE SIXTEEN

Deceased Trainees and Their Estates

Official representatives of Namibia shall have the right to take possession and make all arrangements in respect of the body of a trainee who dies in Canada and may dispose of the personal property of the estate after payment of debts of the deceased or the estate which were incurred in Canada and owed to persons ordinarily resident therein.

ARTICLE SEVENTEEN

Termination of Training

Canada or Namibia may terminate the training of a trainee at any time, and shall give to the other reasonable notification of an intention so to do.

ARTICLE EIGHTEEN

Repatriation

A trainee whose training is terminate for any reason whatsoever shall be repatriated with the least possible delay by Namibia.

ARTICLE NINETEEN

Administrative Arrangements

The appropriate military authorities of Namibia and Canada may establish mutually satisfactory procedures not in consistent with the provisions contained herein, to carry out the intent of this Agreement and to give effect to the provisions.

ARTICLE TWENTY

Revision

Either Canada or Namibia may at any time request revision of any of the provisions of this Agreement.

ARTICLE TWENTY-ONE

Commencement and Termination

This Agreement shall enter into force upon signature. It shall remain in force until terminated by one of the following methods:

a) by either Government after six months' written notice to that effect has been given to the other Government;

b) without complying with sub-paragraph (a) of this Article, by the withdrawal from Canada of all trainees by Namibia where such withdrawal is in the public interest of Namibia; or

c) without complying with sub-paragraph (a) of this Article, by Canada without previous notification if Canada decides that such termination is in the public interest of Canada.

Thus done and signed in duplicate in the English and French languages, each language version being equally authentic, at Windhoek, Namibia, on this 19th day of September 1991.

Wayne Hammond
High Commissioner

FOR AND ON BEHALF OF THE GOVERNMENT OF CANADA

Theo-Ben Gurirab
Minister of Foreign Affairs

FOR AND ON BEHALF OF THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA