Chapter II. 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

      The following States acceded or succeeded to the Convention in 1993:2

      Date of receipt of instrumeru of accession State or succession

      Czech Republic 22 February 1993 (succession) Liechtenstein 25 March 1993

      Slovakia 28 May 1993 (succession)

      The former Yugoslav Republic

      of Macedonia 18 August 1993 (succession) Bosnia and Herzegovina 1 September 1993 (succession)

      This brought to 135 the number of States parties to the Convention.3

   2. AGREEMENTS RELATING TO INSTALLATIONS AND MEETINGS

      (1) Exchange of letters constituting an agreement between the United

      Nations and the Government of Nepal concerning the Regional Meeting on National Security and Building of Confidence among Nations in the Asia-Pacific Region,4 to be held at Kathmandu from 1 to 3 February 1993. New York, 11 and 13 January 1993

      I

      LETTER FROM THE UNITED NATIONS

      11 January 1993

      As you are aware, the United Nations Regional Centre for Peace and Disarmament in Asia and the Pacific, located in Kathmandu, is organizing a Re-

      gional Meeting on National Security and Building of Confidence among Nations in the Asia-Pacific Region from 1 to 3 February 1993.

      For the Meeting, we have invited about 40 participants. Most are from the Asian region. Four staff members of the Office for Disarmament Affairs and I will also attend.

      I would like to propose that the following terms apply to the Meeting: (a) (i) The Convention on the Privileges and Immunities of the United

      Nations5 shall be applicable in respect of the Meeting. The participants invited by the United Nations shall enjoy the privileges and immunities accorded to experts on mission for the United Nations by article VI of the Convention. Officials of the United Nations participating in or performing functions in connection with the Conference shall enjoy the privileges and immunities provided under articles V and VII of the Convention;

      (ii) Without prejudice to the provisions of the Convention on the

      Privileges and Immunities of the United Nations, all participants and persons performing functions in connection with the Meeting shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Meeting;

      (iii) Personnel provided by the Government, if any, shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Meeting.

      (b) All participants and all persons performing functions in connection with the Meeting shall have the right of unimpeded entry into and exit from Nepal. Visas and entry permits, where required, shall be granted as speedily as possible and free of charge.

      (c) It is further understood that your Government will be responsible for dealing with any action, claim or other demand against the United Nations arising out of injury or damage to persons or property in the Meeting or office premises provided for the Meeting, and your Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand.

      (d) Any dispute concerning the interpretation or implementation of this Agreement, except for a dispute subject to the appropriated provisions of the Convention on the Privileges and Immunities of the United Nations or of any other applicable agreement, shall, unless the parties otherwise agree, be submitted to a tribunal of three arbitrators, one of whom shall be appointed by the Secretary-General of the United Nations, one by the Government, and the third, who shall be the chairman, by the other two arbitrators. If either party does not appoint an arbitrator within three months of the other party having notified the name of its arbitrator or if the first two arbitrators do not within three months of the appointment or nomination of the second one of them appoint the chairman, then such arbitrator shall be nominated by the President of the International Court of Justice at the request of either party to the dispute. Except as otherwise agreed by the parties, the tribunal shall adopt its own rules of procedure, provide for the reimbursement of its members and the distribution of expenses between the parties, and take all decisions by a two-thirds

      majority. Its decisions on all questions of procedure and substance shall be final and, even if rendered in default of one of the parties, be binding on both

      of them.

      I further propose that, upon receipt of your confirmation in writing of the above, this exchange of letters shall constitute an Agreement between the United Nations and the Government of Nepal for the Meeting.

      (Signed) Provoslav DAVINIC Director

      Office for Disarmament Affairs

      LETTER FROM THE PERMANENT MISSION OF THE KINGDOM OF NEPAL TO THE UNITED NATIONS

      13 January 1993

      With reference to your letter dated 11 January 1993 and upon instructions from my Government, I have the honour to confirm that the following terms and conditions would apply to the regional meeting on National Security and Building of Confidence among Nations in the Asia-Pacific Region to be held under the auspices of the United Nations Regional Centre for Peace and Disarmament in Asia and the Pacific in Kathmandu, Nepal, from 1 to 3 February 1993:

      (See letter I)

      (Signed) Jayaraj ACHARYA

      Ambassador, Permanent Representative

      (2) Exchange of letters constituting an agreement between the United

      Nations and the Government of Indonesia concerning arrangements regarding the Asia-Pacific Workshop on Human Rights Issues,6 to be held at Jakarta from 26 to 28 January 1993. Geneva, 6 and 18 January 1993

      I

      LETTER FROM THE UNITED NATIONS

      6 January 1993

      I have the honour to refer to the discussions held between officials of the United Nations Centre for Human Rights and representatives of your Government regarding the Asia-Pacific Workshop on Human Rights Issues to be held at Jakarta in cooperation with the Government through the Ministry of Foreign Affairs and the United Nations Centre for Human Rights.

      With respect to the above-mentioned workshop, please find set out below the text of arrangements between the United Nations and the Government of Indonesia, hereinafter referred to as "the Government". This text supersedes

      the agreement between the United Nations and the Government of Indonesia, dated and signed on 18 October 1991, on the same subject.

      Arrangements between the United Nations and the Government of the Republic of Indonesia regarding the Asia-Pacific Workshop on Human Rights Issues to be held at Jakarta from 26 to 28 January 1993

   4. The Government will be responsible for dealing with any action, claim or other demand against the United Nations arising out of (i) injury to person or damage to property in conference or office premises provided for the Work-shop; (ii) the transportation provided by the Government; and (iii) the employment for the Workshop of personnel provided or arranged for by the Government; and the Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand.

   5. The Convention of 13 February 1946 on the Privileges and Immunities of the United Nations,7 to which Indonesia is a party, shall be applicable to the Workshop; in particular:

      (a) Officials of the United Nations participating in or performing functions in connection with the Workshop shall enjoy the privileges and immunities provided under articles V and VII of the Convention;

      (b) The experts invited in accordance with paragraph 2 above shall enjoy the privileges and immunities accorded to experts on mission for the United Nations by article VI of the Convention;

      (c) Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all experts and persons performing functions in connection with the Workshop shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Workshop;

      (rf) Participants and observers invited by the United Nations and personnel provided by the Government pursuant to this Agreement shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Workshop;

      (e) All experts and all persons performing functions in connection with the Workshop shall have the right of unimpeded entry into and exit from Indonesia. Visas and entry permits, where required, shall be granted promptly and free of charge.

   6. The rooms, offices and related localities and facilities put at the disposal of the Workshop by the Government shall be the conference area, which will constitute United Nations premises within the meaning of article II, section 3, of the Convention of 13 February 1946.

   7. The Government shall notify the local authorities of the convening of the Workshop and request appropriate protection.

   8. Any dispute concerning the interpretation or implementation of this Agreement, except for a dispute subject to the appropriate provision of the Convention on the Privileges and Immunities of the United Nations or of any other agreement applicable to both parties, shall be settled by negotiation or in accordance with any other procedure agreed upon by the parties.

      I have the honour to propose that this letter and your affirmative answer shall constitute an Agreement between the United Nations and the Government of the Republic of Indonesia which shall enter into force on the date of your

      reply and shall remain in force for the duration of the Workshop and for such additional period as is necessary for its preparation and winding up.

      (Signed) Antoine BLANCA

      Director-General, Office of the United Nations at Geneva

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