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 INTERGOVERNMENTAL 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 13 FEBRUARY 1946

      As at 31 December 1999, there were 141 States parties to the Convention.2

   2. AGREEMENTS RELATING TO INSTALLATIONS

      AND MEETINGS

      (

      1. Agreement between the United Nations and Morocco concerning the status of the United Nations Mission for the Referendum in Western Sahara. Signed at New York on 11 February 19993

      1. DEFINITIONS

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

      (a) "MINURSO" means the United Nations Mission for the Referendum in Western Sahara, established in accordance with Security Council resolution 690 (1991) of 20 April 1991 and the mandate of which has been extended by various Security Council resolutions, the most recent being resolution 1224 (1999) of 28 January 1999. MINURSO was strengthened pursuant to Security Council resolution 1148 (1998) of 26 January 1998. It comprises:

      (i) The "Special Representative" appointed by the Secretary-General of the United Nations. Except in paragraph 29 below, any reference in the present Agreement to the Special Representative shall also include any member of MINURSO to whom the Special Representative may have delegated his authority;

      (ii) The "civilian component" made up of United Nations officials and of personnel provided by participating States at the request of the Secretary-General;

      (iii) The "military component" made up of military and civilian personnel provided by participating States at the request of the Secretary-General;

      (iv) The "security component" made up of ci vilian police officers made available to MINURSO by participating States at the request of the Secretary-General;

      (b) "Mission area" means, for the purposes of the present Agreement, the Territory of Western Sahara and designated sites in Morocco necessary for the conduct of MINURSO activities;

      (c) "Settlement Plan" comprises the proposals contained in the reports of the Secretary-General dated 18 June 1990 and 19 April 1991 concerning the question of Western Sahara submitted to the Security Council.4 The above-mentioned reports were adopted by the Security Council under its resolutions 658 (1990) of 27 June 1990 and 690 (1991) of 29 April 1991;

      (d) "Member of MINURSO" means any member of the civilian or military component or the security component;

      (e) "Participating State" means a State contributing personnel, services, equipment, provisions, supplies, stores and other goods to the civilian or military component or the security component of MINURSO;

      (/) "The Government" means the Government of Morocco;

      (g) "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;

      (h) "Contractors" means individuals or legal entities and their employees and subcontractors, other than members of MINURSO, whom the United Nations hires to provide services and/or to supply equipment, provisions, supplies, stores and other goods to support MINURSO activities. Such contractors shall not be considered third-party beneficiaries within the meaning of the present Agreement;

      (i) "Vehicles" means civilian and military vehicles used by the United Nations and operated by members of MINURSO and by contractors hired to support MINURSO activities;

      (/) "Vessels" means civilian and military vessels used by the United Nations and operated by members of MINURSO and by contractors hired to support MINURSO activities;

      (it) "Aircraft" means civil and military aircraft used by the United Nations and operated by members of MINURSO and by contractors hired to support MINURSO activities.

      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 MINURSO or to any member or contractor thereof apply in the mission area.

      3. APPLICATION OF THE CONVENTION

   3. MINURSO, 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 Morocco is a party.

   4. Article II of the Convention, which applies to MINURSO, shall also apply to the property, funds and assets of participating States used in connection with MINURSO.

      4. STATUS OF MINURSO

   5. MINURSO and its members shall refrain from any action or activity incompatible with the impartial and international nature of their duties or inconsistent with the spirit of the present Agreement. MINURSO 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. The Government undertakes to respect the exclusively international nature ofMINURSO.

   7. Without prejudice to the mandate ofMINURSO and its international status:

      (

      1. The United Nations shall ensure that MINURSO conducts its mission in a manner fully consistent with the principles and rules of international conventions on the conduct of military personnel. Such international conventions include the four (Red Cross) Geneva Conventions of 12 August 1949 and the Protocols Additional thereto of 8 June 1977 and the UNESCO International Convention for the Protection of Cultural Property in the Event of Armed Conflict;

      (¿>) The Government undertakes to treat MINURSO military personnel at all times in a manner fully consistent with the principles and rules of international conventions applicable to the treatment of military personnel. Such international conventions include the four (Red Cross) Geneva Conventions of 12 August 1949 and the universally recognized principles and rules of international humanitarian law.

   8. MINURSO and the Government shall ensure that their respective military personnel are fully cognizant of the principles and rules of the international instruments referred to in paragraph 7 above.

      United Nations flag and vehicle markings

   9. The Government recognizes the right ofMINURSO to display within the mission area the United Nations flag on its camps or other premises, vehicles, vessels and otherwise as decided by the Special Representative. Aside from the United Nations flag, other flags or pennants may be displayed only in exceptional cases and subject to the Government's consent.

   10. MINURSO vehicles, vessels and aircraft shall carry a distinctive United Nations identification, which shall be notified to the Government.

       Communications

   11. MINURSO shall enjoy the facilities with 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.

   12. Subject to the provisions of paragraph 11 :

       (

       1. MINURSO shall have the right to install, in consultation with the Government, and to operate United Nations radio stations to disseminate information about the Settlement Plan. MINURSO shall also have authority to install radio sending and receiving stations as well as satellite systems to connect appropriate points within the mission area with each other and with United Nations offices in other countries, and to exchange traffic with the United Nations global telecommunications network. United Nations radio stations and telecommunication services shall be operated in accordance with the International Telecommunication Convention and Regulations and the frequencies on which any such stations may be operated shall be decided upon in cooperation with the Government and shall be communicated by the United Nations to the International Frequency Regulation Board;

       (¿>) MINURSO shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile or any other means, and of establishing the necessary facilities for maintaining such communications within and between its premises, including the laying of cables and landlines 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 telegraphs, telex and telephones 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 telegraphs, telex and telephones will be charged at the most favourable rate;

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

       Travel and transport . •,

   13. MINURSO and its members shall enjoy, together with its contractors, vehicles, vessels, aircraft and equipment, freedom of movement throughout the mission area. That freedom shall, with respect to large movements of personnel, equipment, vehicles or aircraft through airports or on railways or roads used for general traffic within...