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 INTERGOVERN-MENTAL 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

      No State acceded or succeeded to the Convention in 1994. There are 135 States parties to the Convention.2

   2. AGREEMENTS RELATING TO INSTALLATIONS AND MEETINGS

      (a) Agreement between the United Nations and the Government of

      Cameroon concerning the United Nations Information Centre for Cameroon, Gabon and the Central African Republic in Yaoundé.3 Signed at Yaoundé on 8 March 1994.

      Article I

      DEFINITION

      In the present Agreement, the expression “officials of the Centre” means the Director and all members of the staff of the Centre, with the exception of officials or employees who are locally recruited and assigned to hourly rates.

      Article II

      FUNCTIONS OF THE CENTRE

      The Centre is to carry out the functions assigned to it by the Secretary-General within the framework of the Department of Public Information.

      Article III

      STATUS OF THE CENTRE

   1. The premises of the Centre and the residence of its Director shall be inviolable.

   2. The Government shall exercise due diligence to ensure the security and protection of the premises of the Centre and its staff.

   3. The archives, assets and properties of the Centre as well as its official correspondence shall be inviolable.

      Article IV

      FACILITIES AND SERVICES

   1. The Government shall provide free of cost the Centre with buildings for use as offices and the Centre shall ensure the maintenance and replacement of equipment.

   2. The Government shall contribute its agreed quota to the running costs of the Centre. Such Contributions made in accordance with the provision of this section shall be paid by the Government and managed by the United Nations, exclusively to the benefit of the Centre in Yaoundé.

   3. The appropriate Cameroon authorities shall make every possible effort to secure, upon request of the Director of the Centre, the public services needed by the Centre, including without limitation by reason of this enumeration, postal, telephone and telegraph services and power, water and fire protection services. Such public services shall be supplied on equitable terms.

      Article V

      OFFICIALS OF THE CENTRE

   1. Officials of the Centre Shall:

      (a) Be immune from legal processes in respect of words spoken or written, and all acts performed by them in their official capacity;

      (b) Be immune from seizure of their personal and official baggage;

      (c) Be immune from inspection of official baggage, and if the person is the Director of the Centre, be immune from inspection of personal baggage;

      (d) Be exempt from taxation on the salaries and all other remuneration paid to them by the United Nations;

      (e) Be immune from national service obligations;

      (f) Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registrations;

      (g) Be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to Cameroon;

      (h) Be given, together with their spouses and relatives dependent on them and other members of their household, the same repatriation facilities in time of international crisis as diplomatic envoys;

      (i) Have the right to import free of duty their furniture, personal effects and all household appliances, including two motor vehicles, intended for personal use free of duty when they come to reside in Cameroon, which privileges shall be valid for a period of six months from the date of arrival in Cameroon. Sale or free disposal of such articles shall be governed by regulations in force in Cameroon.

   2. Officials of the Centre shall furthermore enjoy the following privileges and immunities:

      (a) Have the right to import and to purchase locally free of custom and excise duties limited quantities of certain articles intended for personal consumption in accordance with Government regulations;

      (b) Have the right to import two motor vehicles free of customs and excise duties, including value added taxes in accordance with Government regulations applicable to international organizations based in Cameroon.

   3. In addition to the immunities and privileges specified in paragraphs 1 and 2 above, the Director of the Centre shall be accorded, in respect of himself, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys of comparable rank. His name shall be included in the list of international organizations and offices in Yaoundé issued by the Cameroon Ministry of External Relations.

      His spouse and minor children will enjoy the same privileges, immunities, exemptions and facilities, except in cases where the persons concerned carry out activities incompatible with the functions of the Director and the Centre’s mission.

   4. The terms and conditions of employment for locally recruited personnel shall be in accordance with the relevant United Nations regulations and rules.

   5. The privileges and immunities under this Agreement are granted solely for the purpose of carrying out effectively the aims and purposes of the United Nations. The Secretary-General may waive the immunity of any staff member whenever in his opinion such immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations.

      (b) Agreement between the United Nations and the Government of the

      Netherlands concerning the headquarters of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.4 signed at New York on 29 July 1994.

      The United Nations and the Kingdom of the Netherlands,

      Whereas the Security Council acting under Chapter VII of the Charter of the United Nations decided, by paragraph 1 of its resolution 808 (1993) of 22 February 1993, inter alia, “that an international tribunal shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991”;

      Whereas the International Tribunal is established as a subsidiary organ within the terms of Article 29 of the Charter of the United Nations;

      Whereas the Security Council, in paragraph 6 of its resolution 827(1993) of 25 May 1993 further, inter alia, decided that “the determination of the seat of the International Tribunal is subject to the conclusion of appropriate arrangements between the United Nations and the Netherlands acceptable to the Council”;

      Whereas the Statute of the International Tribunal in its article 31, provides that “the International Tribunal shall have its seat at The Hague”;

      Whereas the United Nations and the Kingdom of the Netherlands wish to conclude an Agreement regulating matters arising from the establishment and necessary for the proper functioning of the International Tribunal in the Kingdom of the Netherlands;

      Have agreed as follows:

      Article I

      DEFINITIONS

      For the purpose of the present Agreement, the following definitions shall apply:

      (a) “the Tribunal” means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by the Security Council pursuant to its resolutions 808(1993) and 827(1993);

      (b) “the premises of the Tribunal” means buildings, parts of buildings and areas, including installations and facilities made available to, maintained, occupied or used by the Tribunal in the host country in connection with its functions and purposes;

      (c) “the host country” means the Kingdom of the Netherlands;

      (d) “the government” means the Government of the Kingdom of the Netherlands;

      (e) “the United Nations” means the United Nations, an international governmental organization established under the Charter of the United Nations;

      (f) “the Security-Council” means the Security Council of the United Nations;

      (g) “the Secretary-General” means the Secretary-General of the United Nations;

      (h) “the competent authorities” means national, provincial, municipal and other competent authorities under the law of the host country;

      (i) “the Statute” means the Statute of the Tribunal adopted by the Security Council by its resolution 827(1993);

      (j) “the Judges” means the Judges of the Tribunal as elected by the General Assembly of the United Nations pursuant to article 13 of the Statute;

      (k) “the President” means the President of the Tribunal as referred to in article 14 of the Statute;

      (l) “the Prosecutor” means the Prosecutor of the Tribunal as appointed by the Security Council pursuant to article 16 of the Statute;

      (m) “the Registrar” means the Registrar of the Tribunal as appointed by the Secretary-General pursuant to article 17 of the Statute;

      (n) “the officials of the Tribunal” means the staff of the Office of the Prosecutor as referred to in paragraph 5 of article 16 of the Statute and the staff of the Registry as referred to in paragraph 4 of article 17 of the Statute

      (o) “persons performing missions for the Tribunal” means persons performing certain missions for the Tribunal in the investigation or prosecution or in the judicial or appellate proceedings;

      (p) “the witnesses” means persons referred to as such in the Statue;

      (q) “experts” means persons called at the instance of the Tribunal, the Prosecutor, the suspect or the accused to present testimony based on knowledge, skills, experience or training;

      (r) “counsel” means a person referred to as such in the Statute;

      (s) “the suspect” means a person referred to as such in the Statute;

      (t) “the accused” means a person referred to as such in the Statute;

      (u) “the General Convention” means the Convention on the Privileges and...