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legal advice with the community

Hi

Maji Masafi Initiative is working with communites fully intagrated community development plan to bring greater access to people living without access to clean water. We need some legal advise as to the proper structure of the agreement between Maji Masafi Initiative and the Community.

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Hi I suggest a good starting point for indicative agreements, not specifically WASH, would be IFRC's ODHR Guidelines which has a section on agreements and MOUs. Basically though with a community, you will not get a binding agreement unless there is a legal person / entity to sign with, hence MOU is likely best. Failing that come back and I will dig through records as I think I likely still have some community MOUs from Aceh / tsunami Chris

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Hi

I have never used a standard MOU format with communities. In my experience these are best negotiated in open meetings. Legally binding formats would in general be signed with the local Authorities. In Kenya this would likely be with the District Water Officers (DWO's) or the District Steering Group (DSG). You could check with the WASH Cluster to see if they have any examples, or their members have some formats that they are willing to share. The email is info@WESCOORD.or.ke.

Regards

John

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I suggest a good starting point for indicative agreements, not specifically WASH, would be IFRC's ODHR Guidelines http://sheltercentre.org/library/owner-driven-housing-reconstruction-guidelines which has a section on agreements and MOUs. Basically though with a community, you will not get a binding agreement unless there is a legal person / entity to sign with, hence MOU is likely best. Failing that come back and I will dig through records as I think I likely still have some community MOUs from Aceh / tsunami Chris

Toby

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Asked:
2014-01-27 10:23:55 -0600
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Last updated:
Jan 27 '14