+United Nations Human Rights +UNITED NATIONS Headquarters Notice
of Motion to Strike” Defendant United Nations” 1946 Convention on the
Privileges and Immunities of the United Nations, being Affirm state and fully
declare all allegation, contention, disputes, disputation, argument, conflict
and disharmony, fully cause of action as further follows
The
Host Country Affairs Section performs these functions in accordance with the
mutual rights and obligations undertaken by the defendant “Slave Trade United
States and the Defendant United Nations when it was agreed that the
headquarters of the UN would be established in defendant New York. These rights
and obligations are set forth in:
Notice
of Motion to Strike” United Nations” International Organizations Immunities
Act: PL 79-291
Notice
of Motion to Strike” United Nations” Convention on the Privileges and Immunities
of the UN 21 UST 1418
Notice
of Motion to Strike” United Nations” Vienna Convention on Diplomatic Relations
23 UST 3227, PL 95-393
Notice
of Motion to Strike” United Nations” Headquarters Agreement: PL 80-357
Notice
of Motion to Strike” United Nations” Foreign Sovereign Immunities Act: PL
94-538
Notice
of Motion to Strike” (a) Agreement Between the United Nations and the United
States Regarding the Headquarters of the United Nations, Signed June 26, 1947,
and Approved by the General Assembly October 31, 1947(1)
The
General Assembly,
Whereas
the Secretary-General pursuant to resolution 99 (1) of 14 December 1946 signed
with the Secretary of State of the United States of America on 26 June 1947 an
Agreement between the United Nations and the United States of America regarding
the Headquarters of the United Nations; and
Whereas
the Secretary-General in accordance with the said Resolution has submitted the
said Agreement to the General Assembly;
Having
studied the report prepared on this matter by the Sixth Committee;
Endorses
the opinions expressed therein;
Approves
the Agreement signed on 26 June 1947; and
Authorizes
the Secretary-General to bring that Agreement into force in the manner provided
in Section 28 thereof, and to perform on behalf of the United Nations such acts
or functions as may be required by that Agreement.
The
United Nations and the United States of America:
Desiring
to conclude an agreement for the purpose of carrying out the resolution adopted
by the General Assembly on 14 December 1946 to establish the seat of the United
Nations in the City of New York and to regulate questions arising as a result
thereof;
Have
appointed as their representatives for this purpose: The United Nations:
Trygve
Lie, Secretary-General, and The United States of America:
George
C. MARSHALL, Secretary of State,
Who
have agreed as follows:
ARTICLE
I. DEFINITIONS
SECTION
1
In
this agreement:
(a)
The expression "headquarters district" means:
(1)
the area defined as such in Annex 1;
(2)
any other lands or buildings which from time to time may be included therein by
supplemental agreement with the appropriate American authorities;
(b)
the expression "appropriate American authorities" means such federal,
state, or local authorities in the United States as may be appropriate in the
context and in accordance with the laws and customs of the United States,
including the laws and customs of the State and local government involved;
(c)
the expression "General Convention" means the Convention on the
Privileges and Immunities of the United Nations approved by the General
Assembly of the United Nations on 13 February 1946, as acceded to by the United
States;
(d)
the expression "United Nations" means the international organization
established by the Charter of the United Nations, hereinafter referred to as
the "Charter";
(e)
the expression "Secretary-General" means the Secretary-General of the
United Nations.
ARTICLE
II. THE HEADQUARTERS DISTRICT
SECTION
2
The
seat of the United Nations shall be the headquarters district.
SECTION
3
The
appropriate American authorities shall take whatever action may be necessary to
assure that the United Nations shall not be dispossessed of its property in the
headquarters district, except as provided in Section 22 in the event that the
United Nations ceases to use the same, provided that the United Nations shall
reimburse the appropriate American authorities for any costs incurred, after
consultation with the United Nations, in liquidating by eminent domain proceedings
or otherwise any adverse claims.
SECTION
4
(a)
The United Nations may establish and operate in the headquarters district:
(1)
its own short-wave sending and receiving radio broadcasting facilities,
including emergency link equipment, which may be 932922-51-13 used on the same
frequencies (within the tolerances prescribed for the broadcasting service by
applicable United States regulations) for radio-telegraph, radio-teletype,
radio-telephone, radiotelephoto, and similar services;
(2)
one point-to-point circuit between the headquarters district and the office of
the United Nations in Geneva (using single sideband equipment) to be used
exclusively for the exchange of broadcasting programmes and inter-office
communications;
(3)
low power, micro wave, low or medium frequencies, facilities for communication
within headquarters buildings only, or such other buildings as may temporarily
be used by the United Nations;
(4)
facilities for point-to-point communications to the same extent and subject to
the same conditions as committed under applicable rules and regulations for
amateur operation in the United States except that such rules and regulations
shall not be applied in a manner inconsistent with the inviolability of the
headquarters district provided by Section 9 (a);
(5)
such other radio facilities as may be specified by supplemental agreement
between the United Nations and the appropriate American authorities.
(b)
The United Nations shall make arrangements for the operation of the services
referred to in this section with the International Telecommunication Union, the
appropriate agencies of the Government of the United States and the appropriate
agencies of other affected Governments with regard to all frequencies and
similar matters.
(c)
The facilities provided for in this section may, to the extent necessary for
efficient operation, be established and operated outside the headquarters
district. The appropriate American authorities will, on request of the United
Nations, make arrangements, on such terms and in such manner as may be agreed
upon by supplemental agreement, for the acquisition or use by the United
Nations of appropriate premises for such purposes and the inclusion of such
premises in the headquarters district.
SECTION
5
In
the event that the United Nations should find it necessary and desirable to
establish and operate an aerodrome, the conditions for the location, use and
operation of such an aerodrome and the conditions under which there shall be
entry into and exit therefrom shall be the subject of a supplemental agreement.
SECTION
6
In
the event that the United Nations should propose to organize its own postal
service, the conditions under which such service shall be set up shall be the
subject of a supplemental agreement.
ARTICLE
III. LAW AND AUTHORITY IN THE HEADQUARTERS DISTRICT
SECTION
7
(a)
The headquarters district shall be under the control and authority of the
United Nations as provided in this agreement.
(b)
Except as otherwise provided in this agreement or in the General Convention,
the federal, state and local law of the United States shall apply within the
headquarters district.
(c)
Except as otherwise provided in this agreement or in the General Convention,
the federal, state and local courts of the United States shall have
jurisdiction over acts done and transactions taking place in the headquarters
district as provided in applicable federal, state and local laws.
(d)
The federal, state and local courts of the United States, when dealing with
cases arising out of or relating to acts done or transactions taking place in
the headquarters district, shall take into account the regulations enacted by
the United Nations under Section 8.
SECTION
8
The
United Nations shall have the power to make regulations, operative within the
headquarters district, for the purpose of establishing therein conditions in
all respects necessary for the full execution of its functions. No federal,
state or local law or regulation of the United States which is inconsistent
with a regulation of the United Nations authorized by this section shall, to
the extent of such inconsistency, be applicable within the headquarters
district. Any dispute, between the United Nations and the United States, as to
whether a regulation of the United Nations is authorized by this section or as
to whether a federal, state or local law or regulation is inconsistent with any
regulation of the United Nations authorized by this section, shall be promptly
settled as provided in Section 21. Pending such settlement, the regulation of
the United Nations shall apply, and the federal, state or local law or
regulation shall be inapplicable in the headquarters district to the extent
that the United Nations claims it to be inconsistent with the regulation of the
United Nations. This section shall not prevent the reasonable application of
fire protection regulations of the appropriate American authorities.
SECTION
9
(a)
The headquarters district shall be inviolable. Federal, state or local officers
or officials of the United States, whether administrative, judicial, military
or police, shall not enter the headquarters district to perform any official
duties therein except with the consent of and under conditions agreed to by the
Secretary-General. The service of legal process, including the seizure of
private property, may take place within the headquarters district only with the
consent of and under conditions approved by the Secretary-General.
(b)
Without prejudice to the provisions of the General Convention or Article IV of
this agreement, the United Nations shall prevent the headquarters district from
becoming a refuge either for persons who are avoiding arrest under the federal,
state, or local law of the United States or are required by the Government of
the United States for extradition to another country, or for persons who are
endeavouring to avoid service of legal process.
SECTION
10
The
United Nations may expel or exclude persons from the headquarters district for
violation of its regulations adopted under Section 8 or for other cause.
Persons who violate such regulations shall be subject to other penalties or to
detention under arrest only in accordance with the provisions of such laws or
regulations as may be adopted by the appropriate American authorities.
ARTICLE
IV. COMMUNICATIONS AND TRANSIT
SECTION
11
The
federal, state or local authorities of the United States shall not impose any
impediments to transit to or from the headquarters district of (1)
representatives of Members or officials of the United Nations, or of
specialized agencies as defined in Article 57, paragraph 2, of the Charter, or
the families of such representatives or officials; (2) experts performing
missions for the United Nations or for such specialized agencies; (3)
representatives of the press, or of radio, film or other information agencies,
who have been accredited by the United Nations (or by such a specialized
agency) in its discretion after consultation with the United States; (4)
representatives of nongovernmental organizations recognized by the United
Nations for the purpose of consultation under Article 71 of the Charter; or (5)
other persons invited to the headquarters district by the United Nations or by
such specialized agency on official business. The appropriate American
authorities shall afford any necessary protection to such persons while in
transit to or from the headquarters district. This section does not apply to
general interruptions of transportation which are to be dealt with as provided
in Section 17, and does not impair the effectiveness of generally applicable
laws and regulations as to the operation of means of transportation.
SECTION
12
The
provisions of Section 11 shall be. applicable irrespective of the relations
existing between the Governments of the persons referred to in that section and
the Government of the United States.
SECTION
13
(a)
Laws and regulations in force in the United States regarding the entry of
aliens shall not be applied in such manner as to interfere with the privileges
referred to in Section 11. When visas are required for persons referred to in
that Section, they shall be granted without charge and as promptly as possible.
(b)
Laws and regulations in force in the United States regarding the residence of
aliens shall not be applied in such manner as to interfere with the privileges
referred to in Section 11 and, specifically, shall not be applied in such
manner as to require any such person to leave the United States on account of
any activities performed by him in his official capacity. In case of abuse of
such privileges of residence by any such person in activities in the United
States outside his official capacity, it is understood that the privileges
referred to in Section 11 shall not be construed to grant him exemption from
the laws and regulations of the United States regarding the continued residence
of aliens, provided that:
(1)
No proceedings shall be instituted under such laws or regulations to require
any such person to leave the United States except with the prior approval of
the Secretary of State of the United States. Such approval shall be given only
after consultation with the appropriate Member in the case of a representative
of a Member (or a member of his family) or with the Secretary-General or the
principal executive officer of the appropriate specialized agency in the case
of any other person referred to in Section 11;
(2)
A representative of the Member concerned, the Secretary-General or the
principal Executive Officer of the appropriate specialized agency, as the case
may be, shall have the right to appear in any such proceedings on behalf of the
person against whom they are instituted;
(3)
Persons who are entitled to diplomatic privileges and immunities under Section
15 or under the General Convention shall not be required to leave the United
States otherwise than in accordance with the customary procedure applicable to
diplomatic envoys accredited to the United States.
(e)
This section does not prevent the requirement of reasonable evidence to
establish that persons claiming the rights granted by Section 11 come within
the classes described- in that section, or the reasonable application of
quarantine and health regulations.
(d)
Except as provided above in this section and in the General Convention, the
United States retains full control and authority over the entry of persons or
property into the territory of the United States and the conditions under which
persons may remain or reside there.
(e)
The Secretary-General shall, at the request of the appropriate American
authorities, enter into discussions with such authorities, with a view to
making arrangements for registering the arrival and departure of persons who
have been granted visas valid only for transit to and from the headquarters
district and sojourn therein and in its immediate vicinity.
(f)
The United Nations shall, subject to the foregoing provisions of this section,
have the exclusive right to authorize or prohibit entry of persons and property
into the headquarters district and to prescribe the conditions under which
persons may remain or reside there.
SECTION
14
The
Secretary-General and the appropriate American authorities shall, at the
request of either of them, consult as to methods of facilitating entrance into
the United States, and the use of available means of transportation, by persons
coming from abroad who wish to visit the headquarters district and do not enjoy
the rights referred to in this Article.
ARTICLE
V. RESIDENT REPRESENTATIVES TO THE UNITED NATIONS
SECTION
15
(1)
Every person designated by a Member as the principal resident representative to
the United Nations of such Member or as a resident representative with the rank
of ambassador or minister plenipotentiary,
(2)
Such resident members of their staffs as may be agreed upon between the
Secretary-General, the Government of the United States and the Government of
the Member concerned,
(3)
Every person designated by a Member of a specialized agency, as defined in
Article 57, paragraph 2, of the Charter, as its principal resident
representative, with the rank of ambassador or minister plenipotentiary at the
headquarters of such agency in the United States, and
(4)
Such other principal resident representatives of members of a specialized
agency and such resident members of the staffs of representatives of a
specialized agency as may be agreed upon between the principal executive
officer of the specialized agency, the Government of the United States and the
Government of the Member concerned, shall whether residing inside or outside
the headquarters district, be entitled in the territory of the
United
States to the same privileges and immunities, subject to corresponding
conditions and obligations, as it accords to diplomatic envoys accredited to
it. In the case of Members whose governments are not recognized by the United
States, such privileges and immunities need be extended to such
representatives, or persons on the staffs of such representatives, only within
the headquarters district, at their residences and offices outside the
district, in transit between the district and such residences and offices, and
in transit on official business to or from foreign countries.
ARTICLE
VI. POLICE PROTECTION OF THE HEADQUARTERS DISTRICT
SECTION
16
(a)
The appropriate American authorities shall exercise due diligence to ensure
that the tranquillity of the headquarters district is not disturbed by the
unauthorized entry of groups of persons from outside or by disturbances in its
immediate vicinity and shall cause to be provided on the boundaries of the
headquarters district such police protection as is required for these purposes.
(b)
If so requested by the Secretary-General, the appropriate American authorities
shall provide a sufficient number of police for the preservation of law and
order in the headquarters district, and for the removal therefrom of persons as
requested under the authority of the United Nations. The United Nations shall,
if requested, enter into arrangements with the appropriate American authorities
to reimburse them for the reasonable cost of such services.
ARTICLE
VII. PUBLIC SERVICES AND PROTECTION OF THE HEADQUARTERS DISTRICT
SECTION
17
(a) The appropriate American authorities will exercise to the extent
requested by the Secretary-General the powers which they possess with respect
to the supplying of public services to ensure that the headquarters district
shall be supplied on equitable terms with the necessary public services,
including electricity, water, gas, post, telephone, telegraph, transportation,
drainage, collection of refuse, fire protection,
(b) snow removal, etcetera. In case of any interruption or threatened
interruption of any such services, the appropriate American authorities will
consider the needs of the United Nations as being of equal importance with the
similar needs of essential agencies of the Government of the United States, and
will take steps accordingly, to ensure that the work of the United Nations is
not prejudiced.
(b)
Special provisions with reference to maintenance of utilities and underground
construction are contained in Annex 2.
SECTION
18
The
appropriate American authorities shall take all reasonable steps to ensure that
the amenities of the headquarters district are not prejudiced and the purposes
for which the district is required are not obstructed by any use made of the
land in the vicinity of the district. The United Nations shall on its part take
all reasonable steps to ensure that the amenities of the land in the vicinity
of the headquarters district are not prejudiced by any use made of le land in
the headquarters district by the United Nations.
SECTION 19
It is agreed that no form of racial or religious
discrimination shall be permitted within the headquarters district.
ARTICLE
VIII. MATTERS RELATING TO THE OPERATION OF THIS AGREEMENT
SECTION
20
The
Secretary-General and the appropriate American authorities shall settle by
agreement the channels through which they will communicate regarding the
application of the provisions of this agreement and other questions affecting
the headquarters district, and may enter into such supplemental agreements as
may be necessary to fulfill the purposes of this agreement. In making
supplemental agreements with the Secretary-General, the United States shall
consult with the appropriate state and local authorities. If the
Secretary-General so requests, the Secretary of State of the United States
shall appoint a special representative for the purpose of liaison with the
Secretary-General.
SECTION
21
(a)
Any dispute between the United Nations and the United States concerning the
interpretation or application of this agreement or of any supplemental
agreement, which is not settled by negotiation or other agreed mode of
settlement, shall be referred for final decision to a tribunal of three
arbitrators, one to be named by the SecretaryGeneral, one to be named by the
Secretary of State of the United States, and the third to be chosen by the two,
or, if they should fail to agree upon a third, then by the President of the
International Court of Justice.
(b)
The Secretary-General or the United States may ask the General Assembly to
request of the International Court of Justice an advisory opinion on any legal
question arising in the course of such proceedings. Pending the receipt of the
opinion of the Court, an interim decision of the arbitral tribunal shall be
observed by both parties. Thereafter, the arbitral tribunal shall render a
final decision, having regard to the opinion of the Court.
ARTICLE
IX. MISCELLANEOUS PROVISIONS
SECTION
22
(a)
The United Nations shall not dispose of all or any part of the land owned by it
in the headquarters district without the consent of the United States. If the
United States is unwilling to consent to a disposition which the United Nations
wishes to make of all or any part of such land, the United States shall buy the
same from the United Nations at a price to be determined as provided in
paragraph (d) of this section.
(b)
If the seat of the United Nations is removed from the headquarters district,
all right, title and interest of the United Nations in and to real property in
the headquarters district or any part of it shall, on request of either the
United Nations or the United States be assigned and conveyed to the United
States. In the absence of such a request, the same shall be assigned and
conveyed to the sub-division of a state in which it is located or, if such
sub-division shall not desire it, then to the state in which it is located. If
none of the foregoing desire the same, it may be disposed of as provided in
paragraph (a) of this Section.
(c)
If the United Nations disposes of all or any part of the headquarters district,
the provisions of other sections of this agreement which apply to the
headquarters district shall immediately cease to apply to the land and
buildings so disposed of.
(d)
The price to be paid for any conveyance under this section shall, in default of
agreement, be the then fair value of the land, buildings and installations, to
be determined under the procedure provided in Section 21.
SECTION
23
The
seat of the United Nations shall not be removed from the headquarters district
unless the United Nations should so decide.
SECTION
24
This
agreement shall cease to be in force if the seat of the United Nations is
removed from the territory of the United States, except for such provisions as
may be applicable in connection with the orderly termination of the operations
of the United Nations at its seat in the United States and the disposition of
its property therein.
SECTION
25
Wherever
this agreement imposes obligations on the appropriate American authorities, the
Government of the United States shall have the ultimate responsibility for the
fulfillment of such obligations by the appropriate American authorities.
SECTION
26
The
provisions of this agreement shall be complementary to the provisions of the
General Convention. In so far as any provision of this agreement and any
provisions of the General Convention relate to the same subject matter, the two
provisions shall, wherever possible, be treated as complementary, so that both
provisions shall be applicable and neither shall narrow the effect of the
other; but in any case of absolute conflict, the provisions of this agreement
shall prevail.
SECTION
27
This
agreement shall be construed in the light of its primary purpose to enable the
United Nations at its headquarters in the United States, fully and efficiently
to discharge its responsibilities and fulfill its purposes.
SECTION
28
This
agreement shall be brought into effect by an exchange of notes between the
Secretary-General, duly authorized pursuant to a resolution of the General
Assembly of the United Nations, and the appropriate executive officer of the
United States, duly authorized pursuant to appropriate action of the Congress.
In
witness whereof the respective representatives have signed this Agreement and
have affixed their seals hereto.
Done
in duplicate, in the English and French languages, both authentic, at Lake
Success, this twenty-sixth day of June, 1947.
ANNEX
1
The
area referred to in Section 1 (a) (1) consists of:
(a)
the premises bounded on the East by the westerly side of Franklin D. Roosevelt
Drive, on the West by the easterly side of First Avenue, on the North by the
southerly side of East Forty-Eighth Street, and on the South by the northerly
side of East Forty-Second Street, all as proposed to be widened, in the Borough
of Manhattan, City and State of New York, and
(b)
an easement over Franklin D. Roosevelt Drive, above a lower limiting plane to
be fixed for the construction and maintenance of an esplanade, together with
the structures thereon and foundations and columns to support the same in
locations below such limiting plane, the entire area to be more definitely
defined by supplemental agreement between the United Nations and the United
States of America.
ANNEX
2
MAINTENANCE
OF UTILITIES AND UNDERGROUND CONSTRUCTION
SECTION
1
The
Secretary-General agrees to provide passes to duly authorized employees of the
City of New York, the State of New York, or any of their agencies or
sub-divisions, for the purpose of enabling them to inspect, repair, maintain,
reconstruct and relocate utilities, conduits, mains and sewers within the
headquarters district.
SECTION
2
Underground
constructions may be undertaken by the City of New York, or the State of New
York, or any of their agencies or subdivisions, within the headquarters
district only after consultation with the Secretary-General, and under
conditions which shall not disturb the carrying out of the functions of the
United Nations.
(b)
Authorization for the President, August 4, 1947(2)
JOINT
RESOLUTION Authorizing the President to bring into effect an agreement between
the United States and the United Nations for the purpose of establishing the
permanent headquarters of the United Nations in the United States and authorizing
the taking of measures necessary to facilitate compliance with the provisions
of such agreement, and for other purposes
Whereas
the Charter of the United Nations was signed on behalf of the United States on
June 26, 1945, and was ratified on August 8, 1945, by the President of the
United States, by and with the advice and consent of the Senate, and the
instrument of ratification of the said Charter was deposited on August 8, 1945;
and
Whereas
the said Charter of the United Nations came into force with respect to the
United States on October 24, 1945; and
Whereas
article 104 of the Charter provides that "The Organization shall en the
territory of each of its Members such legal capacity as may be necessary for
the exercise of its functions and the fulfillment of its purposes"; and
Whereas
article 105 of the Charter provides that:
"1
The Organization shall enjoy in the territory of each of its Members such
privileges and immunities as are necessary for the fulfillment of its purposes.
"2.
Representatives of the Members of the United Nations and officials of the
Organization shall similarly enjoy such privileges and immunities as are
necessary for the independent exercise of their functions in connection with
the Organization.
"3.
The General Assembly may make recommendations with a view to determining the
details of the application of paragraphs 1 and 2 of this article or may propose
conventions to the Members of the United Nations for this purpose." and
Whereas
article 28 and other articles of the Charter of the United Nations contemplate
the establishment of a seat for the permanent headquarters of the
Organization,; and
Whereas
the interim arrangements concluded on June 26, 1945, by the governments
represented at the United Nations Conference on International Organization
instructed the Preparatory Commission established in pursuance of the
arrangements to "make studies and prepare recommendations concerning the
location of the permanent headquarters of the Organization"; and
Whereas
during the labors of the said Preparatory Commission, the Congress of the
United States in H. Con. Res. 75, passed unanimously by the House of
Representatives December 10, 1945, and agreed to unanimously by the Senate
December 11, 1945, invited the United Nations "to locate the seat of the
United Nations Organization within the United States"; and
Whereas
the General Assembly on December 14, 1946, resolved "that the permanent
headquarters of the United Nations shall be established in New York City in the
area bounded by First Avenue, East Forty-eighth Street, the East River, and
East Forty-second Street"; and
Whereas
the General Assembly resolved on December 14, 1946, "That the
Secretary-General be authorized to negotiate and conclude with the appropriate
authorities of the United States of America an agreement concerning the
arrangements required as a result of the establishment of the permanent
headquarters of the United Nations in the city of New York" and to be
guided in these negotiations by the provisions of a preliminary draft agreement
which had been negotiated by the Secretary-General and the Secretary of State
of the United States; and
Whereas
the General Assembly resolved on December 14, 1946, that pending the coming
into force of the agreement referred to above "the Secretary-General be
authorized to negotiate and conclude arrangements with the appropriate
authorities of the United States of America to determine on a provisional basis
the privileges, immunities, and facilities needed in connection with the
temporary headquarters of the United Nations."; and
Whereas
the Secretary of State of the United States, after consultation with the
appropriate authorities of the State and city of New York, signed at Lake
Success, New York, on June 26, 1947, on behalf of the United States an
agreement with the United Nations regarding the headquarters of the United
Nations, which agreement is incorporated herein; and
Whereas
the aforesaid agreement provides that it shall be brought into effect by an
exchange of notes between the United States and the Secretary-General of the
United Nations: Therefore be it
Resolved
by the Senate and House of Representatives of the United States of America in
Congress assembled, That the President is hereby authorized to bring into effect
on the part of the United States the agreement between the United States of
America and the United Nations regarding the headquarters of the United
Nations, signed at Lake Success, New York, on June 26, 1947 (hereinafter
referred to as the "agreement"),
With
such changes therein not contrary to the general tenor thereof and not imposing
any additional obligations on the United States as the President may deem
necessary and appropriate, and at his discretion, after consultation with the
appropriate State and local authorities, to enter into such supplemental
agreements with the United Nations as may be necessary to fulfill the purposes
of the said agreement: Provided, That any supplemental agreement entered into
pursuant to section 5 of the agreement incorporated herein shall be submitted
to the Congress for approval. The agreement follows:
[Agreement
printed as separate item in this collection.]
SEC.
2. For the purpose of carrying out the obligations of the United States under
said agreement and supplemental agreements with respect to United States
assurances that the United Nations shall not be dispossessed of its property in
the headquarters district, and with respect to the establishment of radio
facilities and the possible establishment of an airport:
(a)
The President of the United States, or any official or governmental agency
authorized by the President, may acquire in the name of the United States any
property or interest therein by purchase, donation, or other means of transfer,
or may cause proceedings to be instituted for the acquisition of the same by
condemnation.
(b)
Upon the request of the President, or such officer as the President may
designate, the Attorney General of the United States shall cause such
condemnation or other proceedings to be instituted in the name of the United
States in the district court of the United States for the district in which the
property is situated and such court shall have full jurisdiction of such
proceedings, and any condemnation proceedings shall be conducted in accordance
with the Act of August 1, 1888 (25 Stat. 357), as amended, and the Act of
February 26, 1931 (46 Stat. 1421), as amended.
(c)
After the institution of any such condemnation proceedings, possession of the
property may be taken at any time the President, or such officer as he may
designate, determines is necessary, and the court shall enter such orders as
may be necessary to effect entry and occupancy of the property.
(d)
The President of the United States, or any officer or governmental agency duly
authorized by the President, may, in the name of the United States, transfer or
convey possession of and title to any interest in any property acquired or held
by the United States, pursuant to paragraph (a) above, to the United Nations on
the terms provided in the agreement or in any supplemental agreement, and shall
execute and deliver such conveyances and other instruments and perform such
other acts in connection therewith as may be necessary to carry out the
provisions of the agreement.
(e)
There are authorized to be appropriated, out of any money in the Treasury not
otherwise appropriated, such sums as may be required to enable the United
States to carry out the undertakings hereby authorized: Provided, That any
money appropriated under this authorization shall be spent only on a basis of
reimbursement by the United Nations in accordance with section 3 of the
agreement, and that the money thus reimbursed shall be deposited and covered
into the Treasury of the United States as miscellaneous receipts.
SEC.
3. The President, or the Secretary of State under his direction, is authorized
to enter into agreements With the State of New York or any other State of the
United States and to the extent not inconsistent with State law, with any one
or more of the political subdivisions thereof in aid of effectuating the
provisions of the agreement.
SEC.
4. Any States, or, to the extent not inconsistent with State law any political
subdivisions thereof, affected by the establishment of the headquarters of the
United Nations in the United States are authorized to enter into agreements
with the United Nations or with each other consistent with the agreement and
for the purpose of facilitating compliance with the same: Provided, That,
except in cases of emergency and agreements of a routine contractual character,
a representative of the United States, to be appointed by the Secretary of
State, may, at the discretion of the Secretary of State, participate in the
negotiations, and that any such agreement entered into by such State or States
or political subdivisions thereof shall be subject to approval by the Secretary
of State.
SEC.
5. The President is authorized to make effective with respect to the temporary
headquarters of the United Nations in the State of New York, on a provisional
basis, such of the provisions of the agreement as he may deem appropriate,
having due regard for the needs of the United Nations at its temporary
headquarters.
SEC.
6. Nothing in the agreement shall be construed as *in any way diminishing,
abridging, or weakening the right of the United States to safeguard its own
security and completely to control the entrance of aliens into any territory of
the United States other than the headquarters district and its immediate
vicinity, as to be defined and fixed in a supplementary agreement between the
Government of the United States and the
United
Nations in pursuance of section 13 (3) (e) of the agreement, and such areas as
it is reasonably necessary to traverse in transit between the same and foreign
countries. Moreover, nothing in section 14 of the agreement with respect to
facilitating entrance into the United States by persons who wish to visit the
headquarters district and do not enjoy the right of entry provided in section
11 of the agreement shall be construed to amend or suspend in any way the
immigration laws of the United States or to commit the United States m any way
to effect any amendment or suspension of such laws.
Approved
August 4, 1947.
Notice of Motion to Strike” United Nations” 1946
Convention on the Privileges and Immunities of the United Nations, Affirm state
and fully declare all allegation, contention, disputes, disputation, argument,
conflict and disharmony, fully cause of action as follows,
When
the United Nations was established it was considered necessary that it should
enjoy the status of a legal person under the domestic law of its Member States.
Such a domestic legal personality is a prerequisite for international
organizations to effectively manage numerous practical needs such as
procurement contracts, the acquisition of property and the capacity to pursue
its private law rights before national courts.
The
Charter of the United Nations only very generally responded to these needs by
providing in its Article 104 that “[t]he Organization shall enjoy in the
territory of each of its Members such legal capacity as may be necessary for
the exercise of its functions and the fulfilment of its purposes.”
A
similar functional concept was adopted with regard to the question of the
privileges and immunities that the United Nations should enjoy. Article 105,
paragraph 1, provides that “[t]he Organization shall enjoy in the territory of
each of its Members such privileges and immunities as are necessary for the
fulfilment of its purposes.”
The
principle of “functional” personality as well as of “functional” immunity was
thus firmly established in the founding document of the United Nations.
However, these abstract rules required some more detailed explanation in order
to become workable helping United Nations officials as well as national judges
to determine whether the United Nations should be considered capable of
entering into a specific legal transaction or immune from a particular lawsuit
directed against it. In a similar way, it was unclear to what extent
United
Nations officials as well as Member State representatives to the United Nations
should enjoy privileges and immunities. In Article 105, paragraph 2, the
drafters of the Charter of the United Nations again opted for a functional
concept when it was stated therein that “[r]epresentatives of the Members of
the United Nations and officials of the Organization shall similarly enjoy such
privileges and immunities as are necessary for the independent exercise of
their functions in connexion with the Organization.”
At
the time of the adoption of the Charter of the United Nations there were not
many legal instruments that could have served as examples for what was intended
to be achieved. Defendant “United States of America et al” gracefuly enter into
a Treatie, Contractual agreement with the “Global Organization being asserts as
Defendant “United Nations et al” herein under fraudulent circumstances fully in
defendant (USA) providing false material facts and non-disclosure made by the
Defendant (USA), in factual
circumstances “United States” in every legal form, being “United” all 50
States, further defendant (USA) intentional lie, more complex, multi-issue whites
only supermacey negotiations,, while 44.5 plus Million Plaintiffs being factual
“Enslaved” when said agreement was made between the parties with numberous varieties
of misrepresentations, on the principle, Plaintiffs Negro Slaves, actually free
with the passage of the 13th amendment of a Civil Was, dating back
to 1865, no the less, also The Covenant
of the League of Nations of 28 June 1919 merely provided for “diplomatic”
privileges and immunities of its employees and the inviolability of its
property, during this time frame
“Negro Slaves Plaintiffs herein in 1919 being
already (300) years “Slave Prpoerty” of defendant United States of America” and
being the same “Slave Property on or about 1946 as from 1919 – 1946, while all
these fancy negoiations with defendant “United Nation” and Defendant “United
States of America” et al, (27) years have past on this (secret) enslavement of
the Negro slave Plaintiffs collectively on the exact date of 1946 convention on
privileges and immunities insulated defendant ffrom any future “tort” claims,
as defendant making defendant an actual party to all “RICO” Slave Trade acts
and action of defendant fully against defendant United Nations will, but non
the less defendant
“United
Nation” from the exact moment in time fully being voided by the defendant, Congress
on June 26th, 1947 in the Defendant State of New York having
Institue Black Codes”, Jim Crow Laws, and Slavery Servitude being in direct
violation of United Nation agreement between the parties with “Slave Trade
United States of America” et al as legally quite well defined SECTION 19
It
is agreed that no form of racial or religious discrimination shall be permitted
within the headquarters district. (If Niggers Pro Se Plaintiffs herein official
sound legal in law and equity of United nations once again need not apply to
the rules)…? which on all legal face defendant “United Nations” stop being an
actual party to ended slavery servitude in 2013 when Defendant “United Stataes
of America et al, and Defendant “Mississippi” free stupid nigger “Pro Se”
Plaintiff Louis Charles Hamilton II Negro Slave herein his person Feburary 7th
being the exacte date in 1946 convention on privileges and immunities being
fully voide by both parties own (RICO) Slaves Trade occurred as the “Slave
Codes” being the forever Normal rules of law in direct violation of agreement
between Defendant “United States of America et al and Defendant United Nations”
SECTION 19
It
is agreed that no form of racial or religious discrimination shall be permitted
within the headquarters district., of defendant “United Nations” as this never
been the case of a “Lynching bootleg Whites supermacey Klansmen as this been “Extremely
fully Violated for exactely (65) years and still counting “Racial
Discrimination on whole sale destruction of the “entire 44.5 Million Negro Plaintiffs,
within the District of the Head Quarters of defendant “United nations” 100% destruction
of religious, social, educational, right to life from forced wrongful deaths,
false free prison labor secheme aand so many slave high complex rackets as described by Defendant “United Nations” on
occurred,
The U.N. experts
traveled to major cities including: Washington D.C., Baltimore, Jackson,
Mississippi, Chicago, and New York City….? As New York Being the District of “So
fucking what” Bithces” what next..? (haha) Gotcha”. : )
A United Nations working group is getting
into the fray on U.S. racial discrimination. After 14 years, and 20 days of
speaking with U.S. officials, activists, and families of people killed by
police in major American cities, it has issued its conclusions: the slave trade
was a crime against humanity and the U.S. government should pay reparations.
“Contemporary police
killings and the trauma it creates are reminiscent of the racial terror
lynching in the past,” a French member of the working group of U.N. experts,
Mireille Fanon-Mendes-France, said after their meetings in the U.S.
The U.N. experts
traveled to major cities including: Washington D.C., Baltimore, Jackson,
Mississippi, Chicago, and New York City.
In Washington, they met
with the Department of State, the Department of Homeland Security, the
Department of Housing and Urban Development, the Department of Health and Human
Services, the Department of Labor, the Department of Justice, the Environmental
Protection Agency, and the Equal Employment Opportunity Commission.
In Baltimore, they met
with Maryland federal judges. In Jackson, they met with officials of the Office
of the Mayor and the Office of the Attorney General of the State of
Mississippi. In Chicago, they met with the Attorney General of the State of
Illinois, and with representatives of the Office of the Mayor of the City of
Chicago and the Chicago Police Department. And, in New York City, they met with
the Office of the Attorney General of the State of New York.
Racial divisiveness is
a front-burner issue in the U.S. and was a major topic during the presidential
debate Monday night for candidates Hillary Clinton and Donald Trump.
The recent decision by
Georgetown University to offer several hundred descendants of slaves
preferential admissions has raised the profile of reparations for the slave
trade. And, several years ago, both the U.S. Senate and House, in separate
bills -- which never was passed as law -- apologized for slavery and Jim Crow
legislation, but were divided over the issue of reparations.
The U.N. doesn’t often
weigh in on U.S. domestic policy. But, the “Working Group of Experts on People
of African Descent,” was created 14 years ago. Today, it is part of the Human
Rights Council, under the umbrella of the U.N. High Commissioner on Human
Rights (OHCHR). It has its roots in the controversial Durban conference in 2001
(during the era of the now-ended U.N. Commission on Human Rights). At that time, the Administration of George W.
Bush withdrew from the conference about these very demands for reparations for
slavery, among other issues.
The report issued this
week said that the Working Group “is deeply concerned at the alarming levels of
police brutality and excessive use of lethal force by law enforcement
officials, committed with impunity against people of African descent in the
United States,” and cited the “killings of unarmed African Americans — such as
the cases of Eric Garner, Michael Brown, Tamir Rice, Walter Scott, Freddie Gray
and Laquan McDonald.”
The report members
voiced concern about the “persistence of a de facto residential segregation in
many of the metropolitan areas in the United States,” and pointed out that
unemployment for African Americans “is almost twice the national unemployment
rate.”
The report also
advocates for the passage of U.S. legislation encouraging Congress to pass the
Commission to Study Reparation Proposals for African-Americans Act, “which
would establish a commission to examine enslavement and racial discrimination
in the colonies and the United States from 1619 to the present and to recommend
appropriate remedies, ” and urges the United States to consider seriously “a
formal apology, health initiatives, educational opportunities, an African
knowledge program, psychological rehabilitation, technology transfer and
financial support, and debt cancellation.”
In February, when the
group ended their two and a half week trip to U.S. cities, three of the experts
held a press conference at which Fanon-Mendes-France said that the U.S. has,
“structural discrimination that creates de facto barriers for people of African
descent to fully exercise their human rights.”
“LAW YEAR LAWS/CODES DESCRIPTION
Protection for Slaves 1652
Statute
While New Amsterdam, as
New York was first called, is under Dutch rule, laws were passed to
prevent the mistreatment of slaves. Whipping was forbidden unless the owner
received permission from authorities. Manumission of slaves was allowed.
Legal Protection for
Slavery 1664
Statute
When the British take
control of New York, slavery is legalized.
"A Proclamation
Prohibiteing ye Intertainement of Negers" 1680
Municipal
The New York Common
Council passes a law, "A Proclamation Prohibiteing ye Intertainement of
Negers." The law prohibited the sale of "White Rumm and other
Strong Liquors" to blacks.
"An Act for the
Regulateing of Slaves"1702
Statute
Prohibited trade with a
slave without his master's consent; the recipient of the goods was fined five
pounds plus three times the value of the item.
"An Act for the
suppressing and punishing the conspiracy and insurrection of Negroes and
other
Slaves." 1712
Provincial Assembly
The New York Assembly,
following a slave revolt, passed "An Act for the suppressing and punishing
the conspiracy and insurrection of Negroes and other Slaves." The
law authorized slave owners "to punish their slaves for their Crimes and
Offences at Discretion, not extending to Life or Member." Slaves
found guilty of murder, rape, arson, or assault were to "suffer the pains
of Death in such manner and with such circumstances as the aggravation or
enormity of their Crimes...shall merit and require." The law also
prohibited free blacks ("an Idle slothfull people") from owning real
property. Finally, the law effectively ended the practice of freeing
slaves by requiring any owner manumitting a slave to pay £200 to the government
and
a £20 annuity to the freed
slave.
"An Act for the
more effectual preventing and punishing the conspiracy and insurrection of
negro and other slaves and for better regulating them"
["Montgomerie's
Act"]1730
Provincial
Assembly
The New York Assembly
consolidated slave codes passed in the past three decades ("An Act for the
more effectual preventing and punishing the conspiracy and insurrection of
negro and other slaves and for better regulating them"). The law
made it a crime for any slave to possess or use "any gun Pistoll sword
Club or any other Kind of Weapon." The law also made it illegal for
three or more slaves to meet at any time unless "in some servile
imployment for their Master or Mistress." Slaves were also
prohibited from being on the streets after dark except with their master, and
prohibited from using the streets in a disorderly manner.
"A Law for
Regulating Negro's & Slaves in the Night Time"1737
Municipal
The New York Common
Council enacted an ordinance providing "that no Negro, Mullato or Indian
Slave, shall appear in the Streets of this City, above an hour after Sun-set
without a candle and Lanthorn, on penalty of being Whipt at the Publick
Whipping Post."
"A Law to Prohibit
Negroes and Other Slaves Vending Indian Corn Peaches or any other Fruit with
this City" 1740
Municipal
The New York Common
Council, in response to fears that blacks spread disease in their fruits and
vegetables, prohibited blacks from selling their own produce in city streets or
public markets. Violators were subject to whipping unless their owner paid a
fine of six shillings.
Resolved
by the Senate and House of Representatives of the United States of America in
Congress assembled, That the President is hereby authorized to bring into
effect on the part of the United States the agreement between the United States
of America and the United Nations regarding the headquarters of the United
Nations, signed at Lake Success, New York, on June 26, 1947 (hereinafter
referred to as the "agreement"),
SECTION 19
It is agreed that no
form of racial or religious discrimination shall be permitted within the
headquarters district.
Only
a subsequent agreement with the League’s host State, the so-called modus
vivendi, stipulated that the League possessed international personality and
capacity and that it could not “in principle, according to the rules of
international law, be sued before the Swiss Courts without its consent.”
(Communications du Conseil Fédéral Suisse concernant le Régime des Immunités
Diplomatique du Personnel de la Société des Nations et du Bureau International
du Travail, entered into by the League of Nations and the Swiss Government on
18 September 1926, 7 OJLN (1926), annex 911a, 1422). Thus, the privileges and
immunities of international organizations was largely uncharted territory.
It
was against this background that the Convention on the Privileges and
Immunities of the United Nations, frequently referred to as the “General
Convention”, was negotiated and adopted in the immediate aftermath of the
establishment of the United Nations. As provided for in Article 105, paragraph
3, of the Charter of the United Nations, it was adopted by the General Assembly
at its first session on 13 February 1946 (resolution 22 A (I)) on the basis of
a draft of the United Nations Preparatory Commission. It entered into force on
17 September 1946 and was registered with the Secretary-General on 14 December
1946. It was one of the first treaties to be published in the United Nations
Treaty Series.
The
General Convention specifies the notion of “functional” personality and
immunity of the United Nations and contains detailed provisions on the
privileges and immunities enjoyed by United Nations officials and Member State
representatives. Because of the high level of precision of the Convention’s
articles they are considered directly applicable or self-executing in many
national legal systems. That means that national courts may directly rely on
them without the need of national implementing legislation.
In
article I, section 1, the “functional” personality of the United Nations is
defined as “juridical personality” encompassing the specific capacity: “(a) to
contract; (b) to acquire and dispose of immovable and movable property; (c) to
institute legal proceedings.” This provision clarifies that the United Nations
should be able to enter into day-to-day operations governed by private law.
The
Convention’s core provision with regard to immunity from jurisdiction is found
in article II, section 2, which runs as follows: “The United Nations, its
property and assets wherever located and by whomsoever held, shall enjoy
immunity from every form of legal process except insofar as in any particular
case it has expressly waived its immunity. It is, however, understood that no
waiver of immunity shall extend to any measure of execution.” The resulting “absolute”
immunity from suit of the United Nations has been largely respected in most
countries, though some national courts have tried to limit the Organization’s
scope of immunity along the initially envisaged “functional” immunity. In
practice, this has also sometimes led to the application of restrictive State
immunity principles denying immunity for “commercial” activities.
The
de facto “absolute” immunity of the United Nations is mitigated by the fact
that article VIII, section 29, of the Convention requires the United Nations to
“make provisions for appropriate modes of settlement of: (a) disputes arising
out of contracts or other disputes of a private law character to which the
United Nations is a party”. The General Convention’s obligation to provide for
alternative dispute settlement in case of the Organization’s immunity from
legal process can be regarded as an acknowledgment of the right of access to
court as contained in all major human rights instruments.
Private
law contracts entered into by the United Nations regularly contain arbitration
clauses. In the case of tort claims, such as those resulting from harm suffered
as a result of peacekeeping operations or vehicular accidents, the United
Nations usually agrees on similar forms of dispute resolution. Staff disputes
within the United Nations are settled by an internal mechanism in the form of
the United Nations Administrative Tribunal, established in 1949 (General
Assembly resolution 351 A (IV) of 9 December 1949). In 2009, this system will undergo
a major reform leading to the establishment of a two-tier judicial system with
a United Nations Dispute Tribunal and a United Nations Appeals Tribunal.
In
addition to immunity from suit, the General Convention provides for the
“inviolability” of United Nations premises and property which basically means
that they are exempted from any search, requisition, confiscation, or other
forms of executive, administrative, judicial or legislative interference. The
same inviolability applies to the archives of the United Nations.
The
most important “privileges” conferred upon the United Nations by the General
Convention are fiscal ones. Most significantly, article II, section 7, exempts
the United Nations from all direct taxes as well as from customs duties and quotas
concerning goods for the United Nations’ official use. With regard to indirect
taxes, the Convention merely provides that in case of “important purchases for
official use” the State concerned will make appropriate administrative
arrangements for tax reimbursement.
The
General Convention further contains privileges and immunities for three
categories of persons crucial for the work of the Organization: 1)
representatives of Member States; 2) United Nations officials; and 3) experts
on missions for the United Nations. While Member State representatives enjoy
modified diplomatic privileges and immunities, United Nations officials, i.e.
permanently employed staff members, enjoy “functional” immunity which is
defined in article V, section 18 (a), as immunity “from legal process in
respect of words spoken or written and all acts performed by them in their
official capacity.” Article V, section 20, stresses that “[p]rivileges and
immunities are granted to officials in the interests of the United Nations and not
for the personal benefit of the individuals themselves” and that the
Secretary-General has to waive the immunity of United Nations officials where
it would “impede the course of justice and can be waived without prejudice to
the interests of the United Nations.” In addition to jurisdictional immunity,
United Nations officials are tax exempt with regard to their salary received
from the United Nations and enjoy a number of other fiscal, travel and
residence privileges. Only the Secretary-General, Under-Secretaries-General and
Assistant Secretaries-General enjoy full diplomatic privileges and immunities.
As
opposed to United Nations officials, experts on missions for the United
Nations, like members of the International Law Commission, Special Rapporteurs,
or members of United Nations peacekeeping operations, serve under a temporary
and specific mandate. They also enjoy certain functionally limited privileges
and immunities pursuant to article VI of the General Convention.
The
General Convention has had a major impact on the development of subsequent
treaties dealing with privileges and immunities of international organizations.
Already on 21 November 1947, the General Assembly approved the Convention on
the Privileges and Immunities of the Specialized Agencies. It entered into
force on 2 December 1948 and applies to those United Nations related
international organizations that have entered into special relationship
agreements with the United Nations pursuant to Article 63 of the Charter, such
as the International Civil Aviation Organization, the World Health
Organization, the Food and Agriculture Organization, the United Nations
Educational, Scientific and Cultural Organization, the International Monetary
Fund, the International Bank for Reconstruction and Development, and others.
The so-called Special Convention contains roughly the same provisions on
privileges and immunities as the General Convention.
Examples
of similar privileges and immunities treaties are the General Agreement on
Privileges and Immunities of the Council of Europe, 1949, and the Agreement on
Privileges and Immunities of the Organization of American States, 1949.
Numerous “headquarters” or “seat agreements” have also been influenced by the
General Convention.
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