Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations

TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTER-GOVERNMENTAL ORGANIZATIONS

1. Treaty provisions concerning the legal status of the United Nations

   1. Convention on the privileGes and immunities oF the united nations.1 approved BY the General assemBlY oF the united nations on 1 FeBruarY 1946

      as at 1 december 2001, there were 145 states parties to the Convention.2

   2. aGreements relatinG to installations and meetinGs

      (a) agreement between the united nations and ethiopia concerning the status of the united nations mission in ethiopia and eritrea. signed at new York on 2 march 2001

      1. DefINItIoNs

   1. For the purpose of the present Agreement the following definitions shall apply:

      (a) “UNMEE” means the United Nations Mission in Ethiopia and Eritrea established in accordance with Security Council resolution 1312 (2000) and resolution 1320 (2000) with the mandate described in the above-mentioned resolutions. unmee shall consist of:

      (i) The “Special Representative” appointed by the Secretary-General of the united nations with the consent of the security Council. any reference to the special representative in this agreement shall, except in paragraph 26, include any member of unmee to whom he delegates a specified function or authority;

      (ii) A “civilian component” consisting of United Nations officials and of other persons assigned by the secretary-General to assist the special representative or made available by participating states to serve as part of UNMEE;

      (iii) A “military component” consisting of military and civilian personnel made available to unmee by participating states at the request of the Secretary-General;

      (b) a “member of UNMEE” means the Special Representative of the Secretary-General and any member of the civilian or military components;

      (c) “the Government” means the Government of Ethiopia;

      (d) “the territory” means the territory of Ethiopia;

      (e) A “participating State” means a State providing personnel, services, equipment, provisions, supplies, material and other goods to any of the abovementioned components of UNMEE;

      (f) “the Convention” means the Convention on the Privileges and Immunities of the united nations adopted by the General assembly of the united nations on

      13 February 1946;

      (g) “contractors” means persons, other than members of UNMEE, engaged by the united nations, including juridical as well as natural persons and their employees and subcontractors, to perform services and/or supply equipment, provisions, supplies, materials and other goods in support of unmee activities. Such contractors shall not be considered third-party beneficiaries to this Agreement;

      (h) “vehicles” means civilian and military vehicles in use by the United nations and operated by members of unmee, participating states and contractors in support of UNMEE activities;

      (i) “aircraft” means civilian and military aircraft in use by the United Nations and operated by members of unmee, participating states and contractors, in support of UNMEE activities;

      (j) “temporary security zone” means the zone of separation between the Ethiopian and Eritrean forces as defined in paragraph 5 of the report of the Secretary-General of the united nations to the security Council of 0 June 20004

      2. ApplIcAtIoN of the preseNt AgreemeNt

   2. Unless specifically provided otherwise, the provisions of the present agreement and any obligation undertaken by the Government or any privilege, immunity, facility or concession granted to unmee or any member thereof or to contractors applies in ethiopia only.

      3. ApplIcAtIoN of the coNveNtIoN

      . unmee, its property, funds and assets, and its members, including the Special Representative, shall enjoy the privileges and immunities specified in the present agreement as well as those provided for in the Convention, to which ethiopia is a party.

   4. article ii of the Convention, which applies to unmee, shall also apply to the property funds and assets of participating states used in connection with unmee.

      Iv. stAtus of uNmee

   5. unmee and its members shall refrain from any action or activity incompatible with the impartial and international nature of their duties or which is inconsistent with the spirit of the present arrangements. unmee and its members shall respect all local laws and regulations. the special representative shall take all appropriate measures to ensure the observance of those obligations.

   6. Without prejudice to the mandate of unmee and its international status:

      (a) the united nations shall ensure that unmee shall conduct its operation in ethiopia with full respect for the principles and rules of the international conventions applicable to the conduct of military personnel. these international conventions include the four Geneva Conventions of 12 august 1949 and their additional protocols of 8 June 1977 and the unesCo Convention of 14 may 1954 on the Protection of Cultural Property in the event of armed conflict;

      (b) the Government undertakes to treat at all times the military personnel of unmee with full respect for the principles and rules of the international conventions applicable to the treatment of military personnel. these international conventions include the four Geneva Conventions of 12 april 1949 and their additional protocols of 8 June 1977. unmee and the Government shall therefore ensure that members of their respective military personnel are fully acquainted with the principles and rules of the above-mentioned international instruments.

   7. the Government undertakes to respect the exclusively international nature of unmee.

      United Nations flag, markings and identification

   8. the Government recognizes the right of unmee to display within ethiopia the United Nations flag on its headquarters, camps or other premises, vehicles, vessels and otherwise as decided by the Special Representative. Other flags or pennants may be displayed only in exceptional cases. in these cases, unmee shall give sympathetic consideration to observations or requests of the Government of ethiopia.

   9. vehicles, vessels and aircraft of unmee shall carry a distinctive united Nations identification, which shall be notified to the Government.

      Communications

   10. unmee shall enjoy the facilities in respect to communications provided in article iii of the Convention and shall, in coordination with the Government, use such facilities as may be required for the performance of its task. issues with respect to communications which may arise and which are not specifically provided for in the present agreement shall be dealt with pursuant to the relevant provisions of the Convention.

   11. subject to the provisions of paragraph 10:

       (a) unmee shall have the right to install, in consultation with the Government, and operate united nations radio stations to disseminate information relating to its mandate. unmee shall also have the right to install and operate radio sending and receiving stations as well as satellite systems to connect appropriate points within the territory of ethiopia with each other and with united Nations offices in other countries, and to exchange telephonic, voice, facsimile and other electronic data with the united nations global telecommunications network. the united nations radio stations and telecommunication services shall be operated in accordance with the Constitution and Convention of the international telecommunication union and its regulations and the relevant frequencies on which any such station may be operated shall be decided upon in cooperation with the Government.

       (b) unmee shall enjoy, within the territory of ethiopia, the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, electronic mail, facsimile or any other means, and of establishing the necessary facilities for maintaining such communications within and between premises of unmee, including the laying of cables and land lines and the establishment of fixed and mobile radio sending, receiving and repeater stations. The frequencies on which the radio will operate shall be decided upon in cooperation with the Government. it is understood that connections with the local system of telephone, facsimile and other electronic data may be made only after consultation and in accordance with arrangements with the Government, it being further understood that the use of the local system of telephone, facsimile and other electronic data will be charged at the most favourable rate.

       (c) unmee may make arrangements through its own facilities for the processing and transport of private mail addressed to or emanating from members of unmee. the Government shall be informed of the nature of such arrangements and shall not interfere with or apply censorship to the mail of unmee or its members. in the event that postal arrangements applying to private mail of members of unmee are extended to transfer of currency or the transport of packages and parcels, the conditions under which such operations are conducted shall be agreed with the Government.

       (d) it is further understood that unmee will enjoy the above-mentioned facilities with respect to communications in ethiopia without the payment of licence or permit fees or any other taxes.

       Travel and transport

   12. unmee and its members as well as contractors shall enjoy, together with vehicles, including vehicles of contractors used exclusively in the performance of their services for unmee, vessels, aircraft and equipment, freedom of movement without delay within ethiopia. that freedom shall, with respect to large movements of personnel, stores, vehicles or aircraft through airports or on railways or roads used for general traffic within Ethiopia, be coordinated with the Government. The Government undertakes to supply unmee, where necessary, with maps and other information, including locations of mine fields and other dangers and impediments, which may be useful in facilitating its movements. Freedom of movement shall also...