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 13 FEBRUARY 1946

      The following State became party to the Convention on the Privileges and Immunities of the United Nations in 1986:2

      Dale of receipt of

      Stale instrument of succession

      Saint Lucia 27 August 1986

      This brought up to 121 the number of States parties to the Convention.3

   2. AGREEMENTS RELATING TO INSTALLATIONS AND

      MEETINGS

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

      People's Republic of the Congo on the establishment of a United Nations Information Centre for the People's Republic of the Congo.4 Signed at New York on 20 June 1983

      The Government of the People's Republic of the Congo and the Secretary-General of the United Nations,

      Considering that the Government of the People's Republic of the Congo (hereinafter referred to as "the Government") and the Secretary-General of the United Nations (hereinafter referred to as "the Secretary-General") have agreed to establish in Brazzaville, the People's Republic of the Congo, a United Nations Information Centre (hereinafter referred to as "the Centre") under the terms of paragraph 1 of resolution 37/94 B of the General Assembly, of 10 December 1982.

      Considering that the Government undertakes to assist the United Nations in securing all the necessary facilities for its functioning under the terms of paragraph 3 of resolution 1405 (XIV) of the General Assembly, of 1 December 1959,

      by which the Secretary-General is requested to enlist the cooperation of the Member States concerned in providing all possible facilities for the establishment of such new centres and in assisting actively in efforts to promote wider public understanding of the aims and activities of the United Nations;

      Considering that the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946 (hereinafter referred to as "the Convention"), applies to the field offices of the Department of Public Information which are hence an integral part of the Secretariat of the United Nations;

      Considering that is desirable to conclude an agreement to regulate questions arising as a result of the establishment of the United Nations

      Information Centre in Brazzaville,

      Have agreed as follows:

      Article I

      ESTABLISHMENT OF THE CENTRE

      Section 1

      A United Nations Information Centre will be established in Brazzaville, the People's Republic of the Congo, to carry out the functions assigned to it by the Secretary-General, within the framework of the Department of Public Information.

      Article II

      STATUS OF THE UNITED NATIONS INFORMATION CENTRE

      Section 2

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

      Section 3

      The appropriate Congolese authorities shall exercise due diligence to ensure the security and protection of the premises of the Centre and its staff.

      Section 4

      The appropriate Congolese authorities shall exercise their respective powers to ensure that the Centre shall be supplied with the necessary public services and that such public services shall be supplied on equitable terms. The Centre shall enjoy privileged treatment for the use of telephone, radio-telegraph and mail communication facilities in the same conditions that are normally accorded and extended to diplomatic missions.

      Article III

      FACILITIES AND SERVICES

      Section 5

      The Government and the United Nations shall equally share the cost of renting, furnishing and maintaining the premises of the Information Centre.

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      Article IV

      OFFICIALS OF THE CENTRE

      Section 6

      Officials of the Centre, except those who are locally recruited staff in the General Service or related categories, shall enjoy, within and with respect to the Congo, the following privileges and immunities:

      (a) Immunity from legal processes of any kind in respect of words spoken or written, and of acts performed by them in their official capacity; such immunity to continue notwithstanding that the persons concerned may have ceased to be officials of the United Nations;

      (b) Exemption from taxation in respect of the salaries, emoluments, indemnities and pensions paid to them by the United Nations for services past or present or in connection with their service with the Centre;

      (c) Exemption from any form of taxation on income derived by them from sources outside the Congo;

      (d) Exemption, with respect to themselves, their spouses, their dependants, relatives and other members of their households from immigration restrictions and alien registration;

      (e) Immunity from national service obligations;

      (/) The same privileges in respect of exchange facilities as are accorded to officials of comparable ranks forming part of diplomatic missions. In particular, United Nations Officials shall have the right, at the termination of their assignment to the Congo, to take out of the Congo through authorized channels, without prohibition or restriction, their funds in the same amounts as they had brought into the Congo as well as any other funds for the lawful possession of which they can show good cause;

      (g) The same protection and repatriation facilities with respect to them-selves, their spouses, their dependants, relatives and other members of their households as are accorded in time of international crisis to diplomatic envoys; and

      (h) The right to import for personal use, free of duty and other levies, prohibitions and restrictions on imports:

      —Their furniture and effects in one or more separate shipments, during the first six months from their date of arrival, including motor vehicles, according to the Congolese legislation applicable to diplomatic representatives accredited to the People's Republic of the Congo;

      —Reasonable quantities of certain articles for personal use or consumption and not for gift or sale, exclusively for the officials of the Centre with diplomatic status.

      Section 7

      In addition to the privileges and immunities specified in section 6, the Director of the Centre shall enjoy, in respect of himself, his spouse, his dependent relatives and other members of his household, the privileges and immunities, exemptions and facilities normally accorded to diplomatic envoys of comparable rank. He shall for this purpose be incorporated by the Ministry of Foreign Affairs and Cooperation of the People's Republic of the Congo into the Diplomatic List.

      Section 8

      Officials of the Centre who are locally recruited staff in the General Service or related categories shall enjoy only, within and with respect to the Congo, the privileges and immunities referred to in subparagraphs (a), (b) and (e) of section 6 of this Agreement. These officials will also enjoy the other privileges and immunities to which they are entitled in conformity with article VII of the Convention.

      Section 9

      The privileges and immunities for which provision is made in this Agreement are granted solely for the purposes 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 his Office.

      Article V

      GENERAL PROVISIONS

      Section 10

      The provisions of the Convention on Privileges and Immunities of the United Nations, to which the Congo adhered on 15 October 1962, shall fully apply to the Centre, and the provisions of this Agreement shall be complementary to those of the Convention. In so far as any provision of this Agreement and any provision of the Convention relate to the same subject-matter, the two provisions shall, where possible, be treated as complementary, so that both provisions shall be applicable and neither shall restrict the effect of the other.

      Section 11

      This Agreement shall be construed in the light of its primary purpose of enabling the United Nations Information Centre in the Congo fully and efficiently to discharge its responsibilities and fulfil its purposes.

      Section 12

      Consultation with respect to modifications of this Agreement shall be entered into at the request of either party; any such modifications shall be by mutual consent.

      Section 13

      This Agreement shall cease to be in force:

      —by mutual consent of both parties; or

      —if the Centre is removed from the Congolese territory, except for such provisions as may be applicable in connection with the orderly termination of the operations of the United Nations Information Centre in the Congo and the disposal of its property therein.

      (b) Agreement between the United Nations and the Government of Spain concerning technical cooperation.5 Signed at Madrid on 19 April 1985

      Article III

   1. Experts and consultants shall, for the duration of their assignment to the Centre [United Nations Centre for Human Settlements], have the status of international civil servants, and be subject to the Regulations and Rules of the United Nations applicable to technical assistance project personnel, as set forth in letters of appointment to be issued to them by the Centre.

   2. Experts and consultants shall not, while retaining that status, be placed at the headquarters of the Centre in any established post.

      (c) Agreement between the United Nations and the Government of Turkey regarding arrangements for the ninth session of the Commission on Human Settlements of the United Nations6 [to be held at Istanbul from 5 to 16 May 1986]. Signed at Nairobi on 16 April 1986

      Article X

      LIABILITY

      The Government shall be responsible for dealing with any actions, claims or other demands against the United Nations arising out of: (a) injury or damage to person or property in the premises referred to in article III above; (b) injury or damage to person or property...