Canadian Treaty Series
E100001 - CTS 1995 No. 12
AGREEMENT BETWEEN THE UNITED NATIONS AND THE GOVERNMENT OF CANADA FOR THE AFFILIATION OF THE INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND CRIMINAL JUSTICE POLICY
RECOGNIZING that the Government of Canada initiated discussions with the United Nations with a view to concluding an agreement to affiliate the International Centre for Criminal Law Reform and Criminal Justice Policy in Vancouver, British Columbia,
RECALLING operative paragraph 9 of Economic and Social Council resolution 1991/15 which welcomed this initiative of the Government of Canada and invited the Secretary-General to conclude an agreement with Canada to realize it,
RECALLING the Memorandum of Understanding signed on July 11, 1991 between the Government of Canada and the United Nations concerning the International Centre for Criminal Law Reform and Criminal Justice Policy in Vancouver, Canada which provided for further consultations to finalize an affiliation agreement regarding the International Centre,
RECALLING General Assembly resolution 46/152 and Economic and Social Council resolution 1992/22 on the co-ordination of the inter-regional and regional institutes,
RECALLING ALSO resolution 1994/23 of the Economic and Social Council concerning criteria and procedures for affiliation with the United Nations of institutes or centres and the establishment of United Nations sub-regional institutes in the field of crime prevention and criminal justice,
The Government of Canada and the United Nations agree:
Affiliation of the International Centre for Criminal Law Reform and Criminal Justice Policy
The International Centre for Criminal Law Reform and Criminal Justice Policy (hereinafter referred to as the Institute), established in Canada at the initiative of the Canadian government, shall be affiliated with the United Nations.
The Government of Canada and the United Nations shall cooperate closely in promoting the activities of the Institute.
The Objectives and Obligations of the Institute
1. In furtherance of the aims, policies, and activities of the United Nations in crime prevention and criminal justice, the Institute may, in accordance with the priorities of the United Nations crime prevention and criminal justice programme:
a) Undertake the study of criminal law, procedure and the administration of criminal justice of Member States as well as conventions, treaties and other international instruments related to criminal justice;
b) Cooperate with the United Nations Crime Prevention and Criminal Justice Branch and contribute to responses to requests of Member States or other entities regarding the improvement, modernization, and reform of criminal law and procedure, as well as conventions, treaties, and multilateral or bilateral instruments;
c) Undertake, in cooperation with the Branch and other United Nations entities, including other regional or inter-regional institutes, as appropriate, technical cooperation projects, or assist in the implementation of such projects, in the field of criminal law reform, the administration of criminal justice, or the implementation of related international instruments, principles and guidelines.
2. In discharging its functions, the Institute may:
a) Initiate and carry out such research and studies as it deems necessary for the attainment of its objectives and the fulfilment of its obligations;
b) Receive and consider any request made by the Branch or any Government for assistance or advice with respect to the reform of criminal law, procedure and the administration of justice;
c) Support the activities in criminal law reform, procedure and the administration of criminal justice of the United Nations crime prevention and criminal justice programme for the benefit of developing countries, in collaboration with the relevant regional institute;
d) Prepare and submit to the Branch or other United Nations entities detailed programmes for the study of particular criminal laws and criminal justice policies and programmes;
e) Undertake joint projects with the Branch or any other United Nations entity including the inter-regional and regional institutes on the prevention of crime;
f) Consult with the Governments, associations of members of the judiciary and of the legal profession, institutions engaged in the teaching or research into criminal law or the administration of criminal justice, and other interested governmental and non-governmental organizations.
The Organization of the Institute
The Board of Directors
1. There shall be a board of directors for the Institute as provided for by the Constitution and By-laws of the Centre. The head of the United Nations Crime Prevention and Criminal Justice Branch shall be a full member ex officio.
2. The Board shall meet at least once a year to discuss matters related to the work of the Institute and the United Nations crime prevention and criminal justice programme.
Chair of the Board
3. The Board shall elect one of its members to be its Chair. The Chair shall preside at the meetings of the Board and shall perform such other duties or functions as are conferred by the Board.
Director of the Institute
4. The Board of the Institute, following consultations with the Secretary-General of the United Nations, shall nominate the Director of the Institute to be its chief executive officer. The name of the nominee shall be forwarded to the Secretary-General for consideration and on confirmation thereof the Board will appoint the Director. In the event that the Secretary-General does not agree, the Board shall nominate another person until a person is approved by the Secretary-General.
5. The Director as the chief executive officer of the Institute shall have the powers and duties prescribed by the Constitution and By-laws of the Centre and be remunerated and otherwise financially indemnified in accordance with the provisions of its Constitution and By-laws.
6. Each year, the Board shall consider and approve the programme of activities for the Institute submitted by the Director for the following year and consider and comment on the programme of activities submitted by the Director for the next year after that. The workplan will be prepared in consultation with the United Nations Crime Prevention and Criminal Justice Branch and the other inter-regional institutes as appropriate.
7. Each year, the Board shall consider and approve a report submitted by the Director on the activities, revenues and expenditures relating to the Institute during the year immediately past.
Employees of the Institute
8. The Institute shall employ such other persons, whether on a full-time or part-time basis, as necessary to carry on its activities.
9. The Director and staff are neither employees nor officials of the United Nations. The terms and conditions of their employment with the Institute will solely be determined by agreements entered into with the Institute.
10. The working languages of the Institute shall be English and French. The Institute may offer services or public documents in any other official language of the United Nations.
Obligations of the Government of Canada
The Government of Canada agrees
a) to provide the Institute with such financial and other resources which may be independently agreed to by any department, agency, or body of the Government of Canada in furtherance and in the context of its mandate or programs; and
b) to provide for designation of the Institute as a client of the Department of Government Services of Canada.
Obligations of the United Nations
The United Nations agrees:
a) to recognize the Institute as an institute affiliated with the United Nations in accordance with the Economic and Social Council resolution 1994/23.
b) to integrate the activities of the Institute into the overall United Nations crime prevention and criminal justice programme network.
Support for the Institute by Other Entities
Support for the Institute by other entities can be provided directly or through ear-marked contributions to the United Nations Crime Prevention and Criminal Justice Fund.
Privileges and Immunities
1. United Nations officials, and experts on mission for the United Nations, performing functions in connection with the Institute shall enjoy the privileges and immunities provided under Articles 5 and 6, respectively, and 7 of the Convention on Privileges and Immunities of the United Nations.
2. Holders of United Nations fellowships for or at the Institute shall be granted such status as may be required for the performance of their functions in connection with the Institute.
3. All persons referred to in this article shall be granted speedy travel and a visa, when required, shall be issued promptly and without charge.
Entry Into Force and Duration of Agreement
1. This Agreement shall enter into force upon signature.
2. It shall remain in force for five years after which time it may be terminated by either party on one year's notice. In 1998 and every four years thereafter there will be a review of the implementation of this Agreement by representatives of the parties. They shall submit a joint report on the operation of the Agreement to the parties and any other relevant entities.
3. This Agreement may be modified by mutual accord in writing between the parties and each party shall give full and sympathetic consideration to any such request. Such modification may include the addition of one or more Member States as parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
DONE in two copies at Vienna, this 6th day of July 1995, in the English and French languages, each version being equally authentic.
FOR THE GOVERNMENT OF CANADA
FOR THE UNITED NATIONS