miércoles, septiembre 30, 2020
 

Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character

The States Parties to the present Convention,

Recognizing the increasingly important role of multilateral diplomacy in relations between States and the responsibilities of the United Nations, its specialized agencies and other international organizations of a universal character within the international community,

Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security and the promotion of friendly relations and cooperation among States,

Recalling the work of codification and progressive development of international law applicable to bilateral relations between States which was achieved by the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, and the Convention on Special Missions of 1969,

Believing that an international convention on the representation of States in their relations with international organizations of a universal character would contribute to the promotion of friendly relations and cooperation among States, irrespective of their political, economic and social systems,

Recalling the provisions of Article 105 of the Charter of the United Nations,

Recognizing that the purpose of privileges and immunities contained in the present Convention is not to benefit individuals but to ensure the efficient performance of their functions in connection with organizations and conferences,

Taking account of the Convention on the Privileges and Immunities of the United Nations of 1946, the Convention on the Privileges and Immunities of the Specialized Agencies of 1947 and other agreements in force between States and between States and international organizations,

Affirming that the rules of customary international law continue to govern questions not expressly regulated by the provisions of the present Convention,

Have agreed as follows:

Part I.

Introduction

Article 1 Use of terms

1. For the purposes of the present Convention:

(1)    “international organization” means an intergovernmental organization;

(2)    “international organization of a universal character” means the United Nations, its specialized agencies, the International Atomic Energy Agency and any similar organization whose membership and responsibilities are on a worldwide scale;

(3)    “Organization” means the international organization in question;

(4)    “organ” means:

(a)              any principal or subsidiary organ of an international organization, or

(b)              any commission, committee or subgroup of any such organ, in which States are members;

(5) “conference” means a conference of States convened by or under the auspices of an international organization;

(6)    “mission” means, as the case may be, the permanent mission or the permanent observer mission;

(7)    “permanent mission” means a mission of permanent character, representing the State, sent by a State member of an international organization to the Organization;

(8)    “permanent observer mission” means a mission of permanent character, representing the State, sent to an international organization by a State not a member of the Organization;

(9)    “delegation” means, as the case may be, the delegation to an organ or the delegation to a conference;

(10)  “delegation to an organ” means the delegation sent by a State to participate on its behalf in the proceedings of the organ;

(11)  “delegation to a conference” means the delegation sent by a State to participate on its behalf in the conference;

(12)  “observer delegation” means, as the case may be, the observer delegation to an organ or the observer delegation to a conference;

(13)   “observer delegation to an organ” means the delegation sent by a State to participate on its behalf as an observer in the proceedings of the organ;

(14)  “observer delegation to a conference” means the delegation sent by a State to participate on its behalf as an observer in the proceedings of the conference;

(15)   “host State” means the State in whose territory:

(a)              the Organization has its seat or an office, or

(b)              a meeting of an organ or a conference is held;

(16)   “sending State” means the State which sends:

(a)              a mission to the Organization at its seat or to an office of the Organization, or

(b)              a delegation to an organ or a delegation to a conference, or

(c)              an observer delegation to an organ or an observer delegation to a conference;

(17)  “head of mission” means, as the case may be, the permanent representative or the permanent observer;

(18)  “permanent representative” means the person charged by the sending State with the duty of acting as the head of the permanent mission;

(19)  “permanent observer” means the person charged by the sending State with the duty of acting as the head of the permanent observer mission;

(20)  “members of the mission” means the head of mission and the members of the staff;

(21)  “head of delegation” means the delegate charged by the sending State with the duty of acting in that capacity;

(22)  “delegate” means any person designated by a State to participate as its representative in the proceedings of an organ or in a conference;

(23)  “members of the delegation” means the delegates and the members of the staff;

(24)  “head of the observer delegation” means the observer delegate charged by the sending State with the duty of acting in that capacity;

(25)  “observer delegate” means any person designated by a State to attend as an observer the proceedings of an organ or of a conference;

(26)  “members of the observer delegation” means the observer delegates and the members of the staff;

(27)  “members of the staff” means the members of the diplomatic staff, the administrative and technical staff and the service staff of the mission, the delegation or the observer delegation;

(28)  “members of the diplomatic staff” means the members of the staff of the mission, the delegation or the observer delegation who enjoy diplomatic status for the purpose of the mission, the delegation or the observer delegation;

(29)  “members of the administrative and technical staff” means the members of the staff employed in the administrative and te
chnical service of the mission, the delegation or the observer delegation;

(30)  “members of the service staff” means the members of the staff employed by the mission, the delegation or the observer delegation as household workers or for similar tasks;

(31) “private staff” means persons employed exclusively in the private service of the members of the mission or the delegation;

(32)  “premises of the mission” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purpose of the mission, including the residence of the head of mission;

(33)  “premises of the delegation” means the buildings or parts of buildings, irrespective of ownership, used solely as the offices of the delegation;

(34)  “rules of the Organization” means, in particular, the constituent instruments, relevant decisions and resolutions, and established practice of the Organization.

2. The provisions of paragraph 1 of this article regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in other international instruments or the internal law of any State.

Article 2 Scope of the present Convention

1.   The present Convention applies to the representation of States in their relations with any international organization of a universal character, and to their representation at conferences convened by or under the auspices of such an organization, when the Convention has been accepted by the host State and the Organization has completed the procedure envisaged by article 90.

2.   The fact that the present Convention does not apply to other international organizations is without prejudice to the application to the representation of States in their relations with such other organizations of any of the rules set forth in the Convention which would be applicable under international law independently of the Convention.

3.   The fact that the present Convention does not apply to other conferences is without prejudice to the application to the representation of States at such other conferences of any of the rules set forth in the Convention which would be applicable under international law independently of the Convention.

4.   Nothing in the present Convention shall preclude the conclusion of agreements between States or between States and international organizations making the Convention applicable in whole or in part to international organizations or conferences other than those referred to in paragraph 1 of this article.

Article 3

Relationship between the present Convention and the relevant rules of international organizations or conferences

The provisions of the present Convention are without prejudice to any relevant rules of the Organization or to any relevant rules of procedure of the Conference.

Article 4

Relationship between the present Convention and other international agreements

The provisions of the present Convention:

(a)     are without prejudice to other international agreements in force between States or between States and international organizations of a universal character, and

(b)     shall not preclude the conclusion of other international agreements regarding the representation of States in their relations with international organizations of a universal character or their representation at conferences convened by or under the auspices of such organizations.

Part II.

Missions to International Organizations

Article 5 Establishment of missions

1.   Member States may, if the rules of the Organization so permit, establish permanent missions for the performance of the functions mentioned in article 6.

2.Non-member   States may, if the rules of the Organization so permit, establish permanent observer missions for the performance of the functions mentioned in article 7.

3.   The Organization shall notify the host State of the institution of a mission prior to its establishment.

Article 6

Functions of the permanent mission The functions of the permanent mission consist, inter alia, in:

(a)     ensuring the representation of the sending State to the Organization;

(b)     maintaining liaison between the sending State and the Organization;

(c)     negotiating with and within the Organization;

(d)     ascertaining activities in the Organization and reporting thereon to the Government of the sending State;

(e)     ensuring the participation of the sending State in the activities of the Organization;

f) protecting the interests of the sending State in relation to the Organization;

(g) promoting the realization of the purposes and principles of the Organization by cooperating with and within the Organization.

Article 7

Functions of the permanent observer mission

The functions of the permanent observer mission consist, inter alia, in:

(a)     ensuring the representation of the sending State and safeguarding its interests in relation to the Organization and maintaining liaison with it;

(b)     ascertaining activities in the Organization and reporting thereon to the Government of the sending State;

(c)     promoting cooperation with the Organization and negotiating with it.

Article 8

Multiple accreditation or appointment

1.   The sending State may accredit the same person as head of mission to two or more international organizations or appoint a head of mission as a member of the diplomatic staff of another of its missions.

2.   The sending State may accredit a member of the diplomatic staff of the mission as head of mission to other international organizations or appoint a member of the staff of the mission as a member of the staff of another of its missions.

3. Two or more States may accredit the same person as head of mission to the same international organization.

Article 9

Appointment of the members of the mission

Subject to the provisions of articles 14 and 73, the sending State may freely appoint the members of the mission.

Article 10 Credentials of the head of mission

The credentials of the head of mission shall be issued by the Head of State, by the Head of Government, by the Minister for Foreign Affairs or, if the rules of the Organization so permit, by another competent authority of the sending State and shall be transmitted to the Organization.

Article 11

Accreditation to organs
of the Organization

1.   A member State may specify in the credentials issued to its permanent representative that he is authorized to act as a delegate to one or more organs of the Organization.

2.   Unless a member State provides otherwise, its permanent representative may act as a delegate to organs of the Organization for which there are no special requirements as regards representation.

3.   A non-member State may specify in the credentials issued to its permanent observer that he is authorized to act as an observer delegate to one or more organs of the Organization when this is permitted by the rules of the Organization or the organ concerned.

Article 12

Full powers for the conclusion of a treaty with the Organization

1.   The head of mission, by virtue of his functions and without having to produce full powers, is considered as representing his State for the purpose of adopting the text of a treaty between that State and the Organization.

2.   The head of mission is not considered by virtue of his functions as representing his State for the purpose of signing a treaty, or signing a treaty ad referendum, between that State and the Organization unless it appears from the practice of the Organization, or from other circumstances, that the intention of the parties was to dispense with full powers.

Article 13 Composition of the mission

In addition to the head of mission, the mission may include diplomatic staff, administrative and technical staff and service staff.

Article 14 Size of the mission

The size of the mission shall not exceed what is reasonable and normal, having regard to the functions of the Organization, the needs of the particular mission and the circumstances and conditions in the host State.

Article 15 Notifications

1.The sending State shall notify the Organization of:

(a)    the appointment, position, title and order of precedence of the members of the mission, their arrival, their final departure or the termination of their functions with the mission, and any other changes affecting their status that may occur in the course of their service with the mission;

(b)    the arrival and final departure of any person belonging to the family of a member of the mission and forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family;

(c)     the arrival and final departure of persons employed on the private staff of members of the mission and the termination of their employment as such;

(d)    the beginning and the termination of the employment of persons resident in the host State as members of the staff of the mission or as persons employed on the private staff;

(e)    the location of the premises of the mission and of the private residences enjoying inviolability under articles 23 and 29, as well as any other information that may be necessary to identify such premises and residences.

2.   Where possible, prior notification of arrival and final departure shall also be given.

3.   The Organization shall transmit to the host State the notification referred to in paragraphs 1 and 2 of this article.

4.   The sending State may also transmit to the host State the notification referred to in paragraphs 1 and 2 of this article.

Article 16 Acting head of mission

If the post of head of mission is vacant, or if the head of mission is unable to perform his functions, the sending State may appoint an acting head of mission whose name shall be notified to the Organization and by it to the host State.

Article 17 Precedence

1. Precedence among permanent representatives shall be determined by the alphabetical order of the names of the States used in the Organization.

2. Precedence among permanent observers shall be determined by the alphabetical order of the names of the States used in the Organization.

Article 18 Location of the mission

Missions should be established in the locality where the Organization has its seat. However, if the rules of the Organization so permit and with the prior consent of the host State, the sending State may establish a mission or an office of a mission in a locality other than that in which the Organization has its seat.

Article 19 Use of flag and emblem

1.   The mission shall have the right to use the flag and emblem of the sending State on its premises. The head of mission shall have the same right as regards his residence and means of transport.

2.   In the exercise of the right accorded by this article regard shall be had to the laws, regulations and usages of the host State.

Article 20 General facilities

1.   The host State shall accord to the mission all necessary facilities for the performance of its functions.

2.   The Organization shall assist the mission in obtaining those facilities and shall accord to the mission such facilities as lie within its own competence.

Article 21 Premises and accommodation

1.   The host State and the Organization shall assist the sending State in obtaining on reasonable terms premises necessary for the mission in the territory of the host State. Where necessary, the host State shall facilitate in accordance with its laws the acquisition of such premises.

2.   Where necessary, the host State and the Organization shall also assist the mission in obtaining on reasonable terms suitable accommodation for its members.

Article 22

Assistance by the Organization in respect of privileges and immunities

1.   The Organization shall, where necessary, assist the sending State, its mission and the members of its mission in securing the enjoyment of the privileges and immunities provided for under the present Convention.

2.   The Organization shall, where necessary, assist the host State in securing the discharge of the obligations of the sending State, its mission and the members of its mission in respect of the privileges and immunities provided for under the present Convention.

Article 23 Inviolability of premises

1.The  premises of the mission shall be inviolable. The agents of the host State may not enter them, except with the consent of the head of mission.

2.   (a) The host State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

(b) In case of an attack on the premises of the mission, the host State shall take all appropriate steps to prosecute and punish persons who have committed the attack.

3.   The premises of the mis
sion, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

Article 24

Exemption of the premises from taxation

1.   The premises of the mission of which the sending State or any person acting on its behalf is the owner or the lessee shall be exempt from all national, regional or municipal dues and taxes other than such as represent payment for specific services rendered.

2.   The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the host State by persons contracting with the sending State or with any person acting on its behalf.

Article 25 Inviolability of archives and documents

The archives and documents of the mission shall be inviolable at all times and wherever they may

be.

Article 26 Freedom of movement

Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the host State shall ensure freedom of movement and travel in its territory to all members of the mission and members of their families forming part of their households.

Article 27 Freedom of communication

1. The host State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government of the sending State, its permanent diplomatic missions, consular posts, permanent missions, permanent observer missions, special missions,

delegations and observer delegations, wherever situated, the mission may employ all appropriate means, including couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the host State.

2.   The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.

3.   The bag of the mission shall not be opened or detained.

4.   The packages constituting the bag of the mission must bear visible external marks of their character and may contain only documents or articles intended for the official use of the mission.

5.The   courier of the mission, who shall be provided with an official document indicating his status and the number of packages constituting the bag, shall be protected by the host State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.

6.   The sending State or the mission may designate couriers ad hoc of the mission. In such cases the provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when the courier ad hoc has delivered to the consignee the mission’s bag in his charge.

7.   The bag of the mission may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a courier of the mission. By arrangement with the appropriate authorities of the host State, the mission may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft.

Article 28 Personal inviolability

The persons of the head of mission and of the members of the diplomatic staff of the mission shall be inviolable. They shall not be liable to any form of arrest or detention. The host State shall treat them with due respect and shall take all appropriate steps to prevent any attack on their persons, freedom or dignity and to prosecute and punish persons who have committed such attacks.

Article 29 Inviolability of residence and property

1. The private residence of the head of mission and of the members of the diplomatic staff of the mission shall enjoy the same inviolability and protection as the premises of the mission.

2. The papers, correspondence and, except as provided in paragraph 2 of article 30, the property of the head of mission or of members of the diplomatic staff of the mission shall also enjoy inviolability.

Article 30 Immunity from jurisdiction

1.   The head of mission and the members of the diplomatic staff of the mission shall enjoy immunity from the criminal jurisdiction of the host State. They shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a)     a real action relating to private immovable property situated in the territory of the host State, unless the person in question holds it on behalf of the sending State for the purposes of the mission;

(b)     an action relating to succession in which the person in question is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

(c)     an action relating to any professional or commercial activity exercised by the person in question in the host State outside his official functions.

2.No   measures of execution may be taken in respect of the head of mission or a member of the diplomatic staff of the mission except in cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.

3.   The head of mission and the members of the diplomatic staff of the mission are not obliged to give evidence as witnesses.

4.   The immunity of the head of mission or of a member of the diplomatic staff of the mission from the jurisdiction of the host State does not exempt him from the jurisdiction of the sending State.

Article 31 Waiver of immunity

1.   The immunity from jurisdiction of the head of mission and members of the diplomatic staff of the mission and of persons enjoying immunity under article 36 may be waived by the sending State.

2.   Waiver must always be express.

3.   The initiation of proceedings by any of the persons referred to in paragraph 1 of this article shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.

4.   Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be necessary.

5.   If the sending State does not waive the immunity of any of the persons mentioned in paragraph 1 of this article in respect of a civil action, it shall use its best endeavours to bring about a just settlement of the case.

Article 32

Exemption from social security legislation

1.

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