International Conventions (hard law)
Print this page- Miscellaneous conventions/ agreements ;
- UN-specific conventions ; and
- Regional cooperations agreements.
- For information on International Human Rights Law and specific human rights treaties, please see at OHCHR's International Human Rights Law webpage.
Miscellaneous conventions/ agreements
1. Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, 1999
The Tampere Convention is a treaty aimed at facilitating the use of telecommunication resources and assistance for disaster mitigation and relief. It establishes an international framework for states to cooperate among themselves and with non-state entities and intergovernmental organizations. It is binding on the States who have signed or acceded and ratified to it. So far (September 2007), only 37 States have ratified the Tampere Convention. Among other things, the convention seeks to simplify and strengthen the procedures by which international disaster responders may bring telecommunications equipment across borders during and after an emergency and use them in their operations. It requires state parties to reduce or remove regulatory barriers and to confer the necessary privileges, immunities, and facilities for international relief providers. However, the convention also recognizes the sovereign interests of state parties, providing substantial flexibility as to how to carry out their obligations and ensuring that they maintain primary authority in relief coordination in their own borders.
To see the Convention, click here
2. Model Customs Facilitation Agreement, 1994.
The Model Customs Facilitation Agreement was developed by OCHA and approved by the World Customs Organisation (WCO, www.wcoomd.org) in May 1994. It is a model agreement intended to serve as a basis for the conclusion of a bilateral agreement between the UN and a particular State with the aim of speeding up and simplifying existing national customs clearance procedures. The Model Agreement includes recommended measures to expedite customs clearance procedures, such as simplified documentation and inspection procedures, the temporary or permanent waiving of duties and taxes on imports, and arrangements for clearance outside official working hours and locations.
The Logistics Support Unit (LSU) in the Emergency Services Branch (ESB), OCHA-Geneva, is in charge of promoting the use and application of the Model Customs Facilitation Agreement. For more information, please contact: UN OCHA ESB/Logistics Support Unit, Tel. +41/(0)22.917.17.92 - Fax: + 41/(0)22.917.00.23 - Email: lsu@un.org.
For more information on the Model Agreement, click on the following link : http://ochaonline.un.org/AboutOCHA/Organigramme/EmergencyServicesBranchESB/LogisticsSupportUnitLSU/Customsfacilitation/tabid/1429/Default.aspx
The Model Customs Facilitation Agreement is available in English, French, Spanish and Russian.
UN Specific Conventions
1. UN Convention on the Privileges and Immunities of the United Nations, 1946
The UN Convention on the Privileges and Immunities of the United Nations was adopted by the GA in 1946 and entered into force the same year. It currently has 153 States party to it (September 2007).
The Convention elaborates further on articles 104 and 105 of the Charter of the United Nations in view of determining and clarifying the legal status, rights, privileges and immunities of the United Nations and its personnel as are necessary for the fulfilment of their function. The Convention determines I) the jurisdictional personality of the organisation (legal personality), II) the status of property, funds and assets of the UN, III) the facilities in respect of communications (conditions for the use of official communications, use of codes, etc.), IV) the status of the representatives of Member States (while exercising functions in relation to the organisation); V) the status of officials of the organisation; VI) the status of experts on mission for the UN, VII) the rules applying to the UN Laissez-Passer (LP); and VIII) the specific rules regarding the settlement of disputes "arising out of contracts or other disputes of a private law character to which the UN is a party; and disputes involving any official of the UN who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General".
To see the Convention, click here
2. UN Convention on the Privileges and Immunities of the Specialized Agencies, 1947
The UN Convention on the Privileges and Immunities of the Specialized Agencies was adopted by the GA in 1947 and entered into force in 1948. It currently has 115 States party to it (September 2007).
The Convention is the equivalent of the Convention on the Privileges and Immunities of the United Nations but in relation to Specialized Agencies, i.e. the International Labour Organization (ILO), the Food and Agriculture Organization (FAO); the United Nations Educational, Scientific and Cultural Organization (UNESCO); the International Civil Aviation Organization (ICAO); the International Monetary Fund (IMF); the International Bank for Reconstruction and Development (IBRD); the World Health Organization (WHO); the Universal Postal Union (UPU); the International Telecommunications Union (ITU); and "any other Agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter" (article 1, section 1.ii).
To see the Convention, click here
3. UN Convention on the Safety of United Nations and Associated Personnel, 1994
The UN Convention on the Safety of United Nations and Associated Personnel was adopted by the General Assembly on 9 December 1994. It entered into force on 15 January 1999 and has been ratified so far by 81 States (September 2007).
Scope of legal protection: It is important to note that the scope of legal protection of UN and Associated Personnel provided by the Convention is rather limited. The Convention only applies in situations of "UN operations" ("an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control") where "(i) the operation is for the purpose of maintaining or restoring international peace and security; or (ii) Where the Security Council or the General Assembly has declared, for the purposes of this Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation" (article 2, c of the Convention).
In other words, the Convention only covers peacekeeping operations and operations for which the GA or the SC has made a declaration of "exceptional risk". The Convention does not cover "normal" humanitarian operations.
To see the Convention, click here
4. Optional Protocol to UN Convention on the Safety of United Nations and associated personnel, 2005
This Optional Protocol was adopted by the General Assembly in on 8 December 2005 with the aim of expanding the scope of the 1994 "Convention on the Safety of United Nations and Associated Personnel" which covers only peacekeeping operations or operations which were declared by the General Assembly or the Security Council to present "an exceptional risk to the safety of the personnel participating in the operation" (see relevant entry above on the "Convention on the Safety of United Nations and Associated Personnel"). The Optional Protocol has not yet entered into force as it was so far ratified only by 7 States (September 2007). In order for the Protocol to enter into force, it needs to be ratified by 22 States (see article 6).
Scope of legal protection (Article II): Optional Protocol to the 1994 Convention expands legal protection to U.N. and associated personnel "delivering emergency humanitarian assistance or providing humanitarian, political or development assistance in peace building" (Article II.1). The Protocol does not, however, cover personnel working in permanent U.N. offices overseas. (Article II.2)
It should be noted that the scope of legal protection can be further limited by a State if the said State makes a declaration to the UN Secretary General, in accordance with article II.3 of the Optional Protocol, pursuant to which the State decides not to apply the provisions of the Protocol to an emergency humanitarian assistance operations "which is conducted for the sole purpose of responding to a natural disaster". However, "such a declaration shall be made prior to the deployment of the operation".
To see the Convention, click here
Regional Cooperation Agreements
1. EUR-OPA Major Hazards Agreement (Partial Agreement on the Prevention of, Protection Against, and Organization of Relief in Major Natural and Technological Disasters), 1987
The "EUR-OPA Major Hazards Agreement" is an intergovernmental platform for co-operation - part of the Council of Europe - in the field of major natural and technological disasters between Eastern Europe, the South of the Mediterranean and Western Europe. Its field of competence covers the major natural and technological disasters - knowledge, prevention, risk management, post-crisis analysis and rehabilitation. It was set up by the Committee of Ministers of the Council of Europe in 1987 (see attached Resolution (87)2) and has to date 25 Member States. The main objectives of the "EUR-OPA Major Hazards Agreement" are to reinforce and promote co-operation between Member States in a multi-disciplinary context to ensure better prevention, protection and organisation of relief in the event of major natural or technological disasters by calling upon present day resources and knowledge to ensure an efficient and interdependent management of major disasters. It is worth mentioning that the "EUR-OPA Major Hazards Agreement" is a so-called "partial agreement", which is a terminology used within the Council of Europe to distinguish them from "conventions" and "agreements" which are formal international treaties. "Partial agreements" are merely a particular form of cooperation within the Organisation, not an international treaty. They allow member States of the Council of Europe to abstain from participating in a certain activity advocated by other member States. From a statutory point of view, a partial agreement remains an activity of the Organisation in the same way as other programme activities, except that a partial agreement has its own budget and working methods, which are determined solely by the members of the partial agreement.
For more information on the "EUR-OPA Major Hazards Agreement", click here.
To see the founding resolution, click here.
2. ASEAN Agreement on Disaster Management and Emergency Assistance, 2005
All ten ASEAN Member Countries signed the Agreement on 26 July 2005 in Vientiane, Lao PDR. However, the Agreement will only enter into force after all of the ten countries ratify it. So far (September 2007) four countries, namely Malaysia, Lao PDR, Myanmar and Thailand have ratified the Agreement. Once entered into force, the Agreement will to provide a framework for the development of operational procedures to respond collectively and expeditiously to disasters. The Agreement includes general provisions on disaster risk identification, assessment and monitoring, on disaster prevention and mitigation, on preparedness, emergency response and rehabilitation as well as specific provisions for the movement of relief assistance, expedited customs and immigration clearance, etc. The Agreement also provides for the establishment of an ASEAN Coordination Centre for Humanitarian Assistance (AHA-Centre) for the purpose of facilitating cooperation and coordination among the parties and with relevant UN and international organisations. It also includes provisions for setting up an ASEAN Disaster Management and Emergency Relief Fund, administered by the ASEAN Secretariat.
To see the ASEAN Agreement, click here.
For more information on the ASEAN Agreement, click here.
3. Inter-American Convention to Facilitate Disaster Assistance, 1991
The Inter-American Convention to Facilitate Disaster Assistance provides rules for situations in which countries request, receive, offer, or provide aid related to a natural or man-made disaster. Only a three of the OAS countries (Panama, Peru, and Uruguay) have become parties to this treaty so far (September 2007). The Convention was adopted in 1991 and entered into force in 1996 for the states, which ratified it.
To see the Inter-Amercian Convention, click here.
For more information on the Inter-Amercian Convention, click here.