Legal Framework for UN Operations

Background UN operates in 193 Member States UN operates in 193 Member States UN is accountable to all Member States for its operations UN is accountable to all Member States for its operations UN has to ensure that UN principles and the applicable legal regime is implemented equally and in a same manner in all UN operations UN has to ensure that UN principles and the applicable legal regime is implemented equally and in a same manner in all UN operations The legal framework ensures that UN can operate efficiently to enable the UN to assist as many people as possible.

Relevant Legal Instruments Charter of the United Nations Charter of the United Nations Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly by 13 February 1946 Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly by 13 February 1946 Bilateral Agreements Bilateral Agreements for example: for example: Standard Basic Assistance Agreement – UNDP Standard Basic Assistance Agreement – UNDP Basic Assistance Agreement – UNICEF Basic Assistance Agreement – UNICEF

Role of the Security Council and the General Assembly Role of the Security Council and the General Assembly UN operations are obliged to follow the resolutions and decisions of the political organs of the UN. UN operations are obliged to follow the resolutions and decisions of the political organs of the UN.

Privileges and Immunities necessary for the UN to operate Provided for in Article 105 of the Charter Provided for in Article 105 of the Charter UN’s work cannot be hindered in anyway through measures which have the effect of increasing the financial or other burdens of the Organization UN’s work cannot be hindered in anyway through measures which have the effect of increasing the financial or other burdens of the Organization

Independence of the UN and its officials Exclusively international character of UN staff is crucial Exclusively international character of UN staff is crucial Art. 100 of the Charter provides that UN staff shall not seek or receive instructions from any government or from any other authority external to the Organization and shall refrain from any action which might reflect on their position as international officials responsible only to the Organization. Art. 100 of the Charter provides that UN staff shall not seek or receive instructions from any government or from any other authority external to the Organization and shall refrain from any action which might reflect on their position as international officials responsible only to the Organization. UN is an international organization and is distinct from a diplomatic mission or an embassy UN is an international organization and is distinct from a diplomatic mission or an embassy

Article 101 of the Charter Under the Charter, the Secretary-General has the sole authority to appoint staff. Under the Charter, the Secretary-General has the sole authority to appoint staff. Article 101 of the Charter provides that the paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Article 101 of the Charter provides that the paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity.

Local laws apply to the extent that they are not inconsistent with the legal framework applicable to the UN. Local laws apply to the extent that they are not inconsistent with the legal framework applicable to the UN. UN and its staff have responsibilities under the legal framework applicable to the UN. UN and its staff have responsibilities under the legal framework applicable to the UN. For example, UN Staff are required to respect all cultures and honour their private legal obligations. For example, UN Staff are required to respect all cultures and honour their private legal obligations.

Engaging in discussion to find solution within the applicable legal framework.