Government Gazette

Vol. 436, No. 22780,  24 October 2001

Regulation Gazette, No. 7192

No. R. 51, 2001

PROCLAMATION

by the President of the Republic of South Africa

AGREEMENT BETWEEN THE UNITED NATIONS AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA ON THE HOSTING IN SOUTH AFRICA OF A TRAINING WORKSHOP ON CONFLICT MANAGEMENT FOR WOMEN

In terms of section 5 of the Diplomatic Immunities and Privileges Act, 1989 (Act No. 74 of 1989), I hereby publish the Agreement between the United Nations and the Government of the Republic of South Africa on the Hosting in South Africa of a Training Workshop on Conflict Management for Women wherein provision is made for the granting of immunities and privileges for the purpose of the said Workshop to be held from 22 to 26 October 2001.

Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty-second day of October, Two Thousand and One.

T M. MBEKI 
President

By Order of the President-in-Cabinet:

N. C. ZUMA 
Minister of the Cabinet 

Honourable Under-Secretary-General, 

I have the honour to refer to your letter dated 29 August 2001 which reads as follows:

  1. I have the honour to refer to the General Assembly resolution 53/220 B in particular section 33, the Development Account adopted at its fifty-third session in 1999 approving, inter afa, project proposal H, "Activities for the implementation of Agenda 21, the Copenhagen Declaration and Programme of Action of the World Summit for Social Development and the Beijing Declaration and Platform of Action", and Security Council resolution 1325 (2000) of 31 October 2000.
  2. Pursuant to the Objectives of the project, the United Nations would like to hold, in cooperation with the Government of South Africa, represented by the Centre for Conflict Resolution of the University of Cape Town, South Africa, a Workshop in Cape Town, South Africa, from 22 through 26 October 2001.
  3. The Workshop will strengthen women's capacity to effectively participate in the peace-building process as follow-up activity to the Beijing Plan for Action Item E: Women and Armed Conflict, the outcome document of the Special Session of the General Assembly entitled "Women: 2000: Gender Equality, Development and Peace for the twenty-first century" as well as Security Council resolution 1325. In this connection, it will provide training to enable women from the African sub-region to apply theory and tools to analyse conflicts, compare and use various negotiation styles, understand mediation approaches, processes and challenges through case studies, and identify the best practices for facilitating intra-state or national peace processes and early warning methods.
  4. The Workshop will be attended by the following participants: 
  1. One representative from each of thirteen Member States in the Africa sub-region for a total of thirteen; 
  2. Representatives from the specialised agencies; 
  3. Three staff members from the United Nations; 
  4. Thirteen representatives from non-governmental organisations in the region;
  5. Three representatives nominated by the host government; 
  6. Six representatives from the Centre for Conflict Resolution (CCR). 

The total number of participants will be approximately forty-five.

  1. The meeting will be conducted in English with interpretation from and into French.
  2. The United Nations will be responsible for: 
  1. the planning and running of the Workshop;
  2. the preparation of the invitations and the selection of participants, in consultation with the host country. (c) the provision of substantive support before, during and after the Workshop;
  3. travel costs to and from South Africa, and DSA in Cape Town for participants from Africa funded by the United Nations;
  4. the preparation and issuance of the final report.
  1. The Government represented by the Centre for Conflict Resolution, will provide the following: 
  1. meeting facilities; 
  2. trainers and training materials for the workshop;
  3. office supplies, stationery, office and reproduction equipment such as personal computers, typewriters and photocopying machines;
  4. undertake other local logistics and organisational services.
  1. I wish to propose that the following standard United Nations terms and conditions shall apply to the Workshop:
  1. The Convention of the Privileges and Immunities of the United Nations ("the Convention") shall be applicable in respect of the Workshop. In particular, the representatives of States to the United Nations invited to the Workshop will enjoy the privileges and immunities provided for under Article IV of the Convention. 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 Workshop shall enjoy the privileges and immunities provided under Articles V and VII of the Convention. Officials of the Specialised Agencies participating in or performing functions in connection with the Workshop shall enjoy the privileges and immunities provided under Articles VI and VIII of the Convention on the Privileges and Immunities of the Specialised Agencies;
  2. Representatives from intergovernmental organisations invited to the Workshop shall enjoy immunity from legal process in respect of works spoken or written and any act performed by them in connection with their participation in the Workshop;
  3. Without prejudice to the provisions of the Convention, all participants and persons performing functions in connection with the Workshop shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Workshop;
  4. 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 Workshop;
  5. All participants and all persons performing functions in connection with the Workshop shall have the right of unimpeded entry into and exit out from South Africa. Visas and entry permits, where required, shall be granted free of charge and as promptly as possible. Arrangements shall also be made to ensure that visas for the duration of the Workshop are delivered at the airport of arrival to those participants who were unable to obtain them prior to their arrival. When applications are made four weeks before the opening of the Workshop, visas shall be granted no later than two weeks before the opening of the Workshop. If the application is made less than four weeks before the opening, visas shall be granted as speedily as possible and no later than three days before the opening;
  6. The Government shall allow temporary importation tax free and duty free of all Articles for the Official use of the secretariat of the Workshop. No Articles imported under this exemption may be sold, hired or lent out or otherwise disposed of in South Africa, except under conditions agreed with the Government. It shall issue without delay to the United Nations any necessary import and export permits for this purpose.
  1. It is further understood that the Government will be responsible for dealing with any action, claim or other demand against the United Nations or its Officials arising out of:
  1. injury to persons or damage to or loss of property in conference or office premises provided for the Workshop;
  2. injury to persons, or damage to or loss of property caused by or incurred in using the transportation provided or arranged by your Government;
  3. the employment for the Workshop of personnel provided or arranged for by your Government.
  4. Your Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand.
  1. Any dispute between the United Nations and the Government of South Africa concerning the interpretation or application of this Agreement, except for a dispute that is regulated by Section 30 of the Convention or Section 32 of the Convention on the Privileges and Immunities of the Specialised Agencies shall be resolved by negotiations or other agreed mode of settlement. Any such dispute that is not settled by negotiation or any other agreed mode of settlement shall be submitted at the request of either party for a final decision to a tribunal of three arbitrators, one of whom shall be appointed by the Secretary-General of the United Nations, one by the Government and the third, who shall be the Chairman, by the other two arbitrators. If either party does not appoint an arbitrator within three months of the appointment by the other Party having notified the name of its arbitrator or if the first two arbitrators do not, within three months of the appointment or nomination of the second one of them appoint the Chairman, then such arbitrator shall be nominated by the President of the International Court of Justice at the request of either Party of the dispute. Except as otherwise agreed by the parties, the tribunal shall adopt its own rules of procedure, provide for the reimbursement of its members and the distribution of expenses between the Parties, and take all decisions by a two-thirds majority. Its decision on all questions of procedure and substance shall be final and, even if rendered in default of one of the Parties, be binding on both of them.
  2. I further propose that upon receipt of your Government's confirmation in writing of the above, this exchange of letters shall constitute an Agreement between the United Nations and the Government of South Africa, which shall enter into force on the date of your reply and shall remain in force for the duration of the Workshop and for such additional period as is necessary for its preparation and for all matters relating to any of its provisions to be settled.

Accept, Excellency, the assurances of my highest consideration.

Duly authorised by his excellence Thabo Mbeki, the President of South Africa, I have the honour to inform you, Hon. UnderSecretary-General that the government of the Republic of South Africa agree to the above-mentioned provisions and regard your letter and this reply as constituting an agreement between our two governments. I wish to record our understanding of paragraph 9 (e) as that visa and entry permits shall be granted free of charge only to holders of valid Diplomatic passports, official passports or United Nations Laisser Passer documents.

Please accept, Hon. Under-Secretary-General, the assurance of my highest consideration.

Dr N. C. DLAMINI ZUMA
Minister of Foreign Affairs of the Republic of South Africa