Friday, November 21, 2008

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Proposed Framework Convention on Civil Society

CONVENTION No. 001 - MDA ILO

FRAMEWORK CONVENTION DIALOGUE TABLE OF EXTENDED

ILO certifies this, the Framework Convention celebrating all members of the Roundtable Expanded Ilo, about agreements and commitments signed during the negotiation process of the same, under terms and conditions:

CLAUSE ONE: PARTICIPANT

1.1 .- SOUTHERN PERU MINING COMPANY COPPER CORPORATION, is a legal entity under private law, linked to the category of mining, who has a particular impact on the Ilo Province because of their inherent activities. Hereinafter referred to as THE COMPANY.

1.2 .- GOVERNMENT, who participate through representatives of the Presidency of the Council of Ministers and the Ministry of Energy and Mines.

1.3 .- REGIONAL GOVERNMENT MOQUEGUA is a legal person of public law to political autonomy and economic management in accordance with the provisions of Law No. 27867 Organic Law of Regional Governments, and their purpose is essential to promote sustainable integrated regional development, promoting public and private investment and employment and ensure the full realization of equal rights and opportunities of its inhabitants, in accordance with the plans and programs, regional and local development.

1.4 .- Provincial Municipality of ILO are legal persons of public law to political autonomy, administrative and economic, as provided in Act No. 27972 Organic Law of Municipalities, and its aim to promote local development and the provision of services public responsibility, in line with national policies and plans and regional development.

Pacocha CITY AND DISTRICT Algarrobal legal persons under Public Law with political autonomy, administrative and economic, being a basic entity of the territorial organization of state and channel immediate neighborhood participation in public affairs, in accordance with the provisions of Law N º 27972 Law of Municipalities, being its purpose is to promote local development and the provision of public services under their responsibility, in line with national policies and plans and regional development.

1.6 .- CIVIL SOCIETY MEMBERS are individuals elected democratically by the people of Ilo and their representatives to the Roundtable Expanded (MDA) Ilo. 1.7 .-

Ombudsman is an independent constitutional body whose mission is to protect the constitutional and fundamental rights of the individual and the community, monitor the performance of the duties of public administration and the provision of public services to citizens , participating in this convention as an observer of the process.

ARTICLE TWO: PURPOSE AND SCOPE OF AGREEMENT

2.1 .- The present Convention is to establish the conditions and obligations of participants, commitments, projects or mechanisms and contribution limits, contributors, according to objectives and commitments adopted by the Bureau of Expanded Dialogue Ilo.

2.2 .- Our aim is to bet Convention sustainable development of the province of Ilo, through the contributions that the Company and public entities assume.

2.3 .- It is understood that the company's economic contributions and covered by this Agreement are independent of those made by it in Miners Solidarity Fund Minera or under another legal mechanism. Nor is
tax credit of any kind.
2.4 .- The implementation of this agreement is mandatory and binding on the participants and is subject to surveillance and social control at all times, committing the parties to provide information progress and others that are of interest to any person or entity.

ARTICLE THREE: TERM OF AGREEMENT

3.1 .- This Agreement is for the time spent by THE COMPANY in the province of Ilo, must develop in a sustainable manner over time.

SECTION FOUR: FINANCIAL CONTRIBUTORS AND METHOD

4.1 The financial contributors of this Framework Agreement and responsible for implementation of projects to be noted are:

COMPANY = 100% Financing

The execution profiling, records technical implementation and supervision of works:
National Government Regional Government of Moquegua

Local government: Provincial
Ilo and Pacocha District
The
Algarrobal CLAUSE FIVE: INVESTMENT THEMES

5.1 .- The Central Themes of Investment, according to consensus of the parties to this agreement are:


1 .- 2 .- Basic sanitation individual and public health
3 .- Basic and Higher Education
4 .- 5 .- Economic production
local PB

Thus, projects should develop to include one or more of the themes identified.

SIXTH: BANK OF PROJECTS

Under the themes identified in the preceding clause, the projects executed are:
- Implementation of the monitoring network of air quality in the province of Ilo in real time.
- Solution to the problem of sanitation for the province of Ilo and implementation of the PMO (Optimized Master Plan).
- Construction of the Hospital of Ilo and equipment.
- Development of the agro-export (Lomas de Ilo)
- Development of mariculture.
- Construction of the fishing pier.
- Development of social skills.
- Highway Construction Costanera Norte (Ilo - CamanĂ¡)
- Contribution to local PP for the implementation of projects throughout the lifetime of the company.

designated enumeration does not exclude the possibility of including other projects that the Roundtable Expanded Ilo agreed in consensus.

SEVENTH CLAUSE: THE PENALTY FOR BREACH

If undue delay in the implementation of the obligations agreed upon for reasons attributable to the company, it is obliged to pay the Expanded Dialogue Roundtable is a penalty for each day of delay , reaching a maximum amount equal to ten percent (10%) of the budget pledged by it in project to be executed.
The amount of the penalty to be paid per day by dividing ten percent (10%) of the budget pledged by it in the project run by 60.

... ... ... ... ... ... ... .... attributable to the company, the latter undertakes to pay the Roundtable Larger 1UIT a penalty for each day of delay.

Members of the Roundtable Larger undertake to establish a checking account, where they deposited the money from the penalty and will be subsequently assigned to a sustainable development project, as I pointed out in the fifth clause of this agreement. Only

COMPANY exempt from the penalty if the delay is for reasons of force majeure notified promptly and properly accredited.

found to comply with the terms and conditions of this Framework Convention Roundtable Expanded Ilo, the parties signed in acquiescence in the city of Ilo, the seventh day of November 2008.

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