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

SUMMARY

A. Treaty provisions concerning the legal status of the United Nations 1. Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 10 2. Agreements relating to installations and meetings (a) Exchange of letters constituting an agreement between the United Nations and the Government of the Netherlands (Netherlands Antilles) concerning hosting by the Government of the Netherlands Antilles of the United Nations Interregional Seminar on the Use of Non-conventional Water Resources in Developing Countries, to be held in Curaçao from 22 to 26 April 1985. New York, 12 September 1984, and Willemstad, 27 December 1984 (b) Agreement between the United Nations and the Government of the Republic of the Niger concerning assistance in the field of statistics and computer science. Signed on 22 February 1985 (c) Exchange of letters constituting an agreement between the United Nations and the Government of Papua New Guinea concerning the arrangements for the Asia and Pacific Regional Seminar of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, to be held at Port Moresby from 4 to 6 March 1985. Port Moresby, 1 March 1985 (d) Exchange of letters constituting an agreement between the United Nations and the Government of Turkey concerning arrangements for an Interregional Symposium on Karst Water Resources, to be held at Ankara and Antalya from 7 to 19 July 1985. New York, 10 January and 4 March 1985 (e) Agreement between the United Nations and the Government of Jamaica regarding arrangements for the eighth session of the... (see full summary)

 
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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

      No additional State acceded to the Convention in 1985.2 As of 31 December 1985, 120 States were party to the Convention.3

    2. AGREEMENTS RELATING TO INSTALLATIONS AND MEETINGS

      (a) Exchange of letters constituting an agreement between the United Nations and the Government of the Netherlands (Netherlands Antilles) concerning hosting by the Government of the Netherlands Antilles of the United Nations Interregional Seminar on the Use of Non-conventional Water Resources in Developing Countries,4 to be held in Curaçao from 22 to 26 April 1985. New York, 12 September 1984, and Willemstad, 27 December 1984

      I

      LETTER FROM THE UNITED NATIONS

      12 September 1984

      I have the honour to refer to conversations held between the representative of the United Nations Development Programme on our behalf, and of the Government of the Netherlands Antilles with respect to hosting the United Nations Interregional Seminar on the Use of Non-conventional Water Resources in Developing Countries in Curaçao from 15 to 19 April 1985.

      With the present letter I wish to request confirmation of the following:

      (a) The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946, shall be applicable to the Seminar.

      (b) The country participants and the consultants 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 above Convention. Officials of the United Nations participating in or performing functions in connection with the Seminar shall enjoy the privileges and immunities provided under articles V and VII of the Convention. Officials of the specialized agencies invited to participate as observers in the Seminar shall be accorded privileges and immunities comparable to those of United Nations officials of the same rank.

      (c) 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 Seminar

      shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Seminar.

      (d) 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 Seminar.

      (f) The Government of the Netherlands Antilles shall deal with any action, claim or other demand against the United Nations or its personnel arising out of (i) injury to person or damage to property in the premises provided for the Seminar; (ii) injury to person or damage to property incurred in using any transportation provided by the Government for the Seminar, and (iii) the employment of local personnel for the Seminar; and the Government shall hold harmless the United Nations and its personnel in respect of any such action, claim or demand.

      Finally, I propose that upon receipt of your confirmation to me in writing of the above, this exchange of letters shall constitute an agreement between the United Nations and the Government of the Netherlands Antilles, acting on behalf of the Kingdom of the Netherlands, regarding the provision of host facilities by the Government for the United Nations Interregional Seminar on the Use of Nonconventional Water Resources in Developing Countries.

      This Agreement shall remain in force for the duration of the session and for such additional period as is necessary for its winding up, such period not to exceed one year.

      (Signed) Fagir MUHAMMAD Officer- i n-Charge

      Department of Technical Cooperation for Development

      LETTER FROM THE PRIME MINISTER OF

      THE NETHERLANDS ANTILLES

      27 December 1984

      I have the honour to refer herewith to your letter dated 12 September 1984 concerning hosting by the Government of the Netherlands Antilles of the United Nations Interregional Seminar on the Use of Non-conventional Water Resources in Developing Countries in Curaçao from 15 to 19 April 1985, which seminar, I have been informed by our Department of Development Cooperation, will now be held from 22 to 26 April 1985.

      In reply I would like to confirm the following as requested in your above-mentioned letter:

      [See letter I]

      (Signed) M. Ph. LIBERIA-PETERS

      Prime Minister of the

      Netherlands Antilles

      (6) Agreement between the United Nations and the Government of the Republic of the Niger concerning assistance in the field of statistics and computer science.5 Signed on 22 February 1985

      Article IV

      GENERAL PROVISIONS

      4.1. The Government shall guarantee the following, in the event of any question arising out of this Agreement, the provisions of the Convention on the Privileges and Immunities of the United Nations, to which the Government is a party, shall apply to UNDTCD, to its property and assets irrespective of their location or the entity currently in possession of them, and to its officials and any individual designated to provide services under this Agreement.

      4.2. The Government shall respond to any suit brought by third parties against UNDTCD, its officials or other persons providing services on its behalf, and shall hold them not liable for any claim or responsibility arising out of the provision of services under this Agreement, unless the Secretary-General of the United Nations and the Government agree that such claim or responsibility is the result of serious or wilful misconduct by the said officials or persons.

      4.3. The Basic Assistance Agreement between the United Nations Development Programme (UNDP) and the Government, signed on 2 May 1977, shall apply mutatis mutandis to all matters not specifically covered by this Agreement, and the provisions of articles IX and X of that Basic Agreement relating to facilities, exemptions, privileges and immunities shall apply to any individual or legal entity including subcontractors and their staff, providing services under this Agreement. It is understood that UNDTCD is governed by the regulations and guidelines of the United Nations.

      (c) Exchange of letters constituting an agreement between the United Nations and the Government of Papua New Guinea concerning the arrangements for the Asia and Pacific Regional Seminar of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, to be held at Port Moresby from 4 to 6 March 1985.6 Port Moresby, 1 March 1985

      I

      LETTER FROM THE UNITED NATIONS

      1 March 1985

      I have the honour to refer to the arrangements for the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples: Asia and Pacific Regional Seminar which the United Nations is arranging in Port Moresby, Papua New Guinea, from 4 to 6 March 1985. With the present letter I wish to obtain your Government's acceptance of the following arrangements:

    3. I wish to propose that the following terms shall apply to the Seminar:

      (a) (i) The Convention on the Privileges and Immunities of the United Nations shall be applicable in respect of the Seminar. 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 Seminar shall enjoy the privileges and immunities provided under articles V and VII of the Convention. Officials of the specialized agencies participating in the Seminar shall be accorded the privileges and immunities provided under articles V and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies;

      (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 Seminar shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Seminar;

      (iii) 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 Seminar.

      (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 (i) injury or damage to person or property in conference [or] office premises provided for the Seminar; (ii) the transportation provided by your Government; and (iii) the employment for the Seminar of personnel provided or arranged by your Government; and your Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand.

      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 Papua New Guinea regarding the provision of host facilities by your Government for the Seminar.

      (Signed) Nour E. DRISS Principal Secretary,

      Asia and the Pacific Regional Seminar, the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples

      II

      LETTER FROM THE GOVERNMENT OF PAPUA NEW GUINEA

      1 March 1985

      I have the honour to...

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