UNAFRI Statute

Preamble

The Government on whose behalf this Statute is signed,

Recalling resolution 1979/20 of the United Nations Economic and Social Council requesting the Secretary-General of the United Nations to establish an institute for Africa in crime prevention and the treatment of offenders,

Recalling its own resolution 392 (XV) of April 1980 requesting the Executive Secretary of the United Nations Economic Commission for Africa in consultation with the relevant international and regional organizations, to take all appropriate steps to establish a United Nations Regional Institute for the Prevention of Crime and the Treatment of Offenders for Africa,

Noting resolution 19 of the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders recommending that the Secretary-General should view favourably the establishment in Africa of a regional body for social defence studies, along the lines of those already set up in the other regions of the world,

Mindful of resolution 4 of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, later endorsed by resolution 40/32 of the United Nations General Assembly, urgently requesting the Secretary-General of the United Nations to establish, as a matter of the highest priority, in close collaboration with the Organization of African Unity and with the participation of the United Nations Economic Commission for Africa, an African Regional Institute for the Prevention of Crime and the Treatment of Offenders,

Recalling further its own resolution 609 (XXII) of April 1987 reaffirming the importance and the role the Institute is called upon to play in assisting member States in assessing criminality trends in the region and their impact on national development; in the formulation of policies and programmes for the prevention of crime and the treatment of offenders; in the promotion of criminal justice reforms in the context of development; and in encouraging technical cooperation among African countries in the field of crime prevention and criminal justice,

Convinced that the establishment of an African Institute for the Prevention of Crime and the Treatment of Offenders would serve these purposes,

NOW THEREFORE and on behalf of the member States of the United Nations Economic Commission for Africa, HEREBY AGREE AS FOLLOWS:

ARTICLE 1

Establishment and Membership of the Institute

1. The African Institute for the Prevention of Crime and the Treatment of Offenders (hereinafter referred to as “the Institute”) is hereby established.

 

2. The member States of the Institute shall be the member States of the United Nations Economic Commission for Africa (hereinafter referred to as “member States”) who have acceded to the Statute of the Institute.

ARTICLE II

Objectives of the Institute

The Objectives of the Institute shall be to:

(a) Assist in the formulation of policies and programmes for the prevention of crime and the treatment of offenders in the context of overall national development planning;

(b) Design and conduct training programmes for different categories and levels of criminal justice and related personnel, including policy-makers, administrators, judges, prosecutors, lawyers, policy and correctional officials, teachers, social workers and researchers, with focus on the training of trainers, through special interdisciplinary courses, workshops, seminars, fellowships, internships and study tours in order to upgrade this public service sector, as well as impart new knowledge and skills;

(c) Undertake policy-oriented studies and research on priority problems in the region, including the collection of information on crime trends and their impact on development and on crime prevention and criminal justice policies and programmes in the region, in order to provide an empirical basis for policy formulation and decision-making;

(d) Assist in the development of effective policies and programmes for the prevention and control of juvenile crime and delinquency and for the treatment of juvenile offenders;

(e) Establish a framework for a data bank and to promote the exchange and transfer of knowledge, expertise and experience and dissemination of information to governments, scholars, practitioners, researchers and organizations involved in the field;

(f) Assist in the promotion of innovative approaches to crime prevention and criminal justice reforms in accordance with the United Nations norms and guidelines, drawing upon African traditions and orientations, as well as on new development in the field;

(g) Promote collaboration among the governments of the region in formulating common policies and undertaking joint action in matters of mutual concern in crime prevention and control, including appropriate legal agreements and practical agreements, at the regional and sub-regional levels.

ARTICLE III

Headquarters of the Institute

1. The Headquarters of the Institute shall be determined by the Conference of Ministers of the United Nations Economic Commission for Africa (hereinafter referred to as the “Conference of Ministers.”)

2. The executive Secretary of the United Nations Economic Commission for Africa (UNECA) shall, as soon as is practicable, on behalf of the Conference of Ministers and the Institute, enter into an agreement with the government of the Member State where the Headquarters of the Institute shall be established, concerning the provision and grant, as the case may be, of such adequate premises, facilities, services, privileges and immunities as may be required for the efficient operation of the Institute.

ARTICLE IV

Organs of the Institute

 

The Institute shall have the following organs:

(a) The Governing Board;

(b) The Secretariat; and

(c) Such other organs as may be necessary for the efficient discharge of the functions and

as may be established by the Conference of Ministers.

ARTICLE V

Governing Board: Composition and Functions

1. The Governing Board shall consist of:

(a) The Executive Secretary of the United Nations Economic Commission for Africa (hereinafter referred to as “the Executive Secretary”), or his representative, as the representative of the Secretary-General of the United Nations;

 

(b) A representative from two member States, from each of the five sub-regions of the United Nations Economic Commission for Africa, selected by the Conference of Ministers; each such representative shall be selected on the basis of his or her expertise in crime prevention and criminal justice to serve as a full member;

(c) A representative of the host country as a full member;

(d) A representative of the Organization of African Unity without the right to vote;

(e) A representative of the United Nations Centre for Social Development and Humanitarian Affairs without the right to vote;

(f) A representative of the United Nations Development Programme without the right to vote;

(g) Representatives of other United Nations institutes for the prevention of crime and the treatment of offenders, by invitation of the Governing Board, as observers without the right to vote;

(h) Representatives of international organizations or institutions interested in the activities of the Institute, as well as donor agencies and eminent experts may also attend the meetings of the Governing Board at the invitation of the Board, as observers without a right to vote.

2. (a) The Chairmanship of the Board shall be held by member States on a rotational basis, from among the members of the Governing Board, for a period of one year, provided that no member State shall hold the office for a consecutive period of more than two years;

(b) The Director of the Institute, who shall be the Secretary of the Governing Board, shall attend the meetings of the Board in a consultative capacity.

3. The members of the Governing Board selected under subparagraph (b) of paragraph 1 of the this Article shall hold office for a period of four years and may be eligible for re-election provided, however, that, in making selections for the first, the Conference of Ministers shall direct that one-half of the member States selected by it shall retire two years after serving and shall be replaced by the same number of member States selected by the Conference of Ministers for the purpose.

4. Only full members of the Governing Board shall have the right to vote.

5. When the office of a member of the Governing Board becomes vacant during the term of the member appointed thereto because of retirement, death, incapacity of any other cause, or when the term expires, the Conference of Ministers may appoint a person for the remainder of the term or for a further term in accordance with subparagraph (b) of paragraph 1 of this Article.

6. The Governing Board shall:

(a) Prescribe the general principles, policies and guidelines governing the operation of the Institute and provide directives of a general nature as to the implementation of such principles, policies and guidelines;

(b) Propose, for the consideration and approval of the Conference of Ministers, the Work Programme of the Institute and their corresponding budgets;

(c) Review and approve the annual reports of the Director of the Institute on the activities of the Institute, and submit them to the Conference of Ministers for its consideration and approval;

(d) Appoint professionally qualified accountants to audit the accounts of the Institute;

 

(e) Examine and approve the financial reports and accounts of the Institute;

 

(f) Prescribe the administrative, financial, staff and other rules and regulations governing the operation and administration of the Institute;

 

(g) Propose, for the consideration and approval of the Conference of Ministers, the contributions to be paid by member States and by the host country to the Institute;

 

(h) Appoint the Director and senior staff of the Institute;

(i) Establish such technical, financial, and administrative committees as may be necessary for the efficient discharge of the functions of the Institute;

(j) Convene periodically, meetings of donors to consider the funding of the activities of the Institute;

(k) Perform any other functions as may be necessary for the efficient discharge of the functions of the Institute.

7. The Governing Board shall meet in ordinary session once a year and may hold extraordinary sessions at the request of its Chairman or one-third of it s members. The first meeting of the Governing Board shall be initiated by the Secretariat.

8. The Governing Board shall adopt its own rules of procedure, including procedures for

the convening of the special or extraordinary sessions.

 

ARTICLE VI

 

The Chairman of the Governing Board

 

The Chairman shall:

 

(a) Cause to be prepared the draft agenda of the meeting of the Governing Board;

 

(b) Convene and preside over the meetings of the Board;

 

(c) With the approval of the Governing Board, solicit financial and other assistance from donors, including individual governments outside the region, the United Nations and its specialized agencies or other interested intergovernmental and non-governmental organizations or other sources.

 

ARTICLE VII

 

The Director and the Secretariat of the Institute

 

1. The Secretariat of the Institute shall be headed by the Director who shall be the chief executive and administrative officer of the Institute, under the direction of the Governing Board.

 

2. The Director of the Institute shall be appointed by the Governing Board as provided for

in subparagraph (h) paragraph 6 of Article V of this Statute. The Director shall initially be appointed for a period of three years and shall be eligible for renewal of such period as the Governing Board may decide.

 

3. The Director shall act as the legal representative of the Institute.

 

4. Subject to the policy directive and guidance of the Governing Board, the Director shall,

in particular:

 

(a) Plan, direct, coordinate and manage all the technical and administrative activities of the Institute;

 

(b) Prepare and submit for the consideration of the Governing Board the Programme of Work, budget, annual reports and audited accounts of the Institute;

 

(c) Prepare and submit for the consideration of the Governing Board the annual contributions and other special fees to be paid by member States;

 

(d) Administer the property and assets of the Institute and cause proper accounts to be kept and ensure their timely auditing and presentation to the Governing Board;

 

(e) Collect and receive contributions, fees and debts due to the Institute;

 

(f) Subject to the staff and administrative rules and regulations of the Institute and to such direction as the Governing Board may give, recruit and appoint staff other than those provided for under subparagraph (h) of paragraph 6 of Article V of this Statute;

 

(g) Establish and maintain close contact and collaborative ties with governments, the United Nations and its specialized agencies, institutions, professional associations, individuals and other bodies and represent the Institute in its external and public relations at national, regional and international levels;

 

(h) Maintaining on-going relations with the host Government and ensure that the provisions of the Host Agreement are observed;

 

(i) Promote fund-raising by exploring ways and means of ensuring and strengthening the financial base of the Institute;

 

(j) Prepare and submit for the consideration of the Governing Board, draft rules and regulations governing the financial, administrative and other activities of the Institute;

 

(k) Prepare, in consultation with the Chairman of the Governing Board, the agenda for the meetings of the Governing Board and attend the meetings as ex-officio member;

 

(l) Keep abreast of mandates by the relevant legislative bodies and new developments in the field of crime prevention and criminal justice and promote their implementation in accordance with the objectives of the Institute.

 

(m) Undertake such other assignments and activities as may be mandated by the Governing Board.

 

5. The Director and other staff of the Institute shall neither seek nor accept any instructions, personal remunerations, or gifts from any government or authority or from any source external to the Institute and shall refrain from any other action which might reflect on their position as international officials.

 

6. The Member States undertake to respect the international character of the responsibilities of the of the Director and other staff of the Institute and not seek to influence any of their national and other staff in the discharge of such responsibilities, provided that this shall not preclude the secondment to the Institute of staff by governments, organizations or institutions.

 

ARTICLE VIII

 

Status, Capacity, Privileges, and Immunities

 

1. To enable it to fulfill its objectives and the functions with which it is entrusted, the Institute shall possess, in the territory of each member State of the United Nations Economic Commission for Africa, a juridical personality independent of such States and shall not be considered as forming part of any government. To these ends, the status, privileges, immunities and exemptions set forth in paragraphs 2 to 16 of this Article shall be accorded to the Institute in the territory of each member State.

 

2. The Institute shall have the capacity to:

 

(a) Enter into contract;

 

(b) Acquire and dispose of immovable and movable property; and

 

(c) Sue and be sued

 

3. The Institute shall enjoy the autonomy and freedom required for achievement of its

objectives and functions, with particular reference to choice of subjects and methods of teaching and research, the selection of persons and institutions to share in its tasks and freedom of expression.

 

4. The Institute, its property and assets shall enjoy immunity from every form of legal process except, as in any particular case; it has expressly waived its immunity, provided, however, that no measure of execution shall be taken against the property and assets of the Institute without the consent of the Director of the Institute.

 

5. The Headquarters of the Institute will be inviolable. The property and assets of the Institute shall be immune from search, requisition, confiscation, expropriation, and any other form of interference whether by executive, administrative, judicial or legislative action.

 

6. The archives of the Institute, and in general, all documents belonging to it or held by it

shall be inviolable.

 

7. The Institute, its assets, income and other property shall be exempt from all forms of direct taxes, provided, however, that such tax exemption shall not extend to the owner of lessor of any property rented by the Institute.

 

8. Articles imported by the Institute for official purposes shall be exempt from customs duties and other levies and from prohibitions and restrictions on imports and exports, it being understood that customs duty may be payable at the appropriate rate on all or any of the articles imported in accordance with this paragraph. If such articles are sold or disposed of locally, unless they are sold to persons or bodies entitled to purchase such goods without the payment of duty. The Institute however shall not be exempt from the payment of charges for services rendered.

 

9. The Institute shall, in respect of any transaction to which it is a party, be exempt from taxes, recordings fees, and documentary taxes.

 

10. Members of the Governing Board of the Institute, who are not otherwise officials of the United Nations or of the specialized agencies of the United Nations, attending meetings of, or convened by the Institute, shall, while exercising their functions and during their journey to and from the territories of the member States of the Institute, enjoy the following privileges and immunities:

 

(a) Immunity from personal arrest or detention and from seizure of their personal and official baggage;

 

(b) Immunity from legal process of any kind and respect of words, spoken or written and of acts performed by them in their official capacity;

(c) Inviolability of all papers and documents;

 

(d) The right to use codes and to receive papers or correspondences by courier or in sealed bags;

 

(e) Exemption in respect of themselves and their spouses from immigration restrictions, alien registration of national service obligations.

 

(f) The same facilities in respect of currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; and

 

(g) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.

 

11. The staff of the Institute who are not otherwise officials of the United Nations of specialized agencies of the United Nations shall:

 

(a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

 

(b) Be exempt from taxation on salaries and emoluments paid to them by the Institute;

 

(c) Be immune from national service obligations;

 

(d) Be immune, together with their spouses and dependent children, from immigration and alien registration;

 

(e) Be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank forming part of diplomatic missions;

 

(f) Be given, together with their spouses and dependent children and relatives, repatriation facilities in the time of international crisis as diplomatic envoys;

 

(g) Have the right to import for their personal use, free of duty and other levies, prohibitions and restrictions on imports, within the first twelve months of arrival;

 

(i) Their furniture, household and personal effects;

 

(ii) One motor vehicle purchased before customs clearance or from a bonded warehouse.

 

12. Officials of the United Nations specialized agencies of the United Nations performing functions in connection with the Institute shall enjoy appropriate privileges and immunities provided under the Convention of the Privileges and Immunities of the United Nations and the Convention of the Privileges and Immunities of the Specialized Agencies as the case may be.

 

13. Without prejudice to the aforegoing provisions, the member States undertake to accord to all representatives of the member States, all the staff of the Institute and experts providing advice or assistance to the Institute, such facilities and courtesies as are necessary for the exercise of their functions in connection with the Institute..

 

14. The Director of the Institute shall have the right and duty to waive the immunity of any staff of the Institute who is not an official of the United Nations or a specialized agency of the United Nations in cases where, in his opinion, the immunity would impede the cause of justice and could be waived without prejudice to the interests of the Institute.

 

15. All persons undergoing training or taking part in schemes for the exchange of personnel at the Institute in pursuance of the provision of this Statute and who are not nationals of the member States concerned, shall have the right of entry into, sojourn in, transit through and exit from the territory of each member when such entry, sojourn, transit or exit is necessary for their assignment. They shall be granted facilities for speedy travel and visas, where required, shall be granted promptly and free of charge.

 

16. The Institute shall cooperate at all times with the appropriate authorities of the member Sates to facilitate the proper administration of justice, secure the observance of national laws and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Article.

 

ARTICLE IX

 

Financial Resources of the Institute

 

1. Without any prejudice to possible financing of core staff and recurrent operations of the Institute from the regular budget of the United Nations, the Institute shall derive its financial resources from annual contributions made by member States as determined by the Conference of Ministers and from voluntary contributions by donors.

 

2. The Institute may derive further resources in case or in kind from the United Nations and its specialized agencies.

 

3. Member States may be required to make special contributions in cash or in kind in respect of programmes or projects carried out in their territories. The nature and extent of such contributions shall be determined and provided for in agreements entered into by the parties concerned.

 

4. The Director of the Institute shall, after consultation with the Governing Board, have the power to accept gifts, legacies, grants, loans and other contributions is cash or in kind from governments, organizations, institutions and from other sources, provided that such gifts, legacies, grants, loans or other contributions are intended for the furtherance of the objectives of the Institute.

 

5. The Director of the Institute shall submit to the Governing Board at each annual meeting a report on contributions made and due under paragraphs 1 to 4 of this Article.

 

6. The funds of the Institute shall be held and administered solely for the purpose of the Institute and in accordance with the financial rules and regulations governing the operations of the Institute or directives issued by the Governing Board.

 

7. Funds administered by and for the Institute shall be subjected to audit by an accountant appointed by the Governing Board.

 

 

 

 

ARTICLE X

 

Expenses

 

1. The Director of the Institute may incur expenses for its administrative and operational purposes in accordance with an approved Programme of Work and within the limits of the budget of the Institute and in accordance with the Financial Rules and Regulations promulgated from time to time by the Governing Board.

 

2. Expenses incurred by representatives of member States or cooperating States and organizations and by their alternates and advisers, as well as expenses incurred by observers for the purpose of attending meetings of the Governing Board, or other organs of the Institute, shall normally be borne by the respective governments or organizations.

 

ARTICLE XI

 

Obligations of Member States

 

The member States shall cooperate in every way so as to assist the Institute in achieving its objectives. They shall in particular:

 

(a) Facilitate the timely collection, exchange and dissemination of data and information on crime prevention and the treatment of offenders;

 

(b) Make available to the Institute training and research facilities on such terms and conditions as may from time to time be agreed with the appropriate organ(s) of the Institute;

 

(c) Make available to the Institute national personnel on such conditions as may be agreed upon with the appropriate organ(s) of the Institute;

 

(d) Accord such facilities, privileges and immunities as may be required under the provision of Article VIII of this Statute;

 

(e) Make timely payments of their annual contributions as may be specified under the provisions of Article IX paragraph 1 of this Statute.

 

ARTICLE XII

 

Assistance by the Secretariats of the United Nations

 

1. The Institute shall seek and maintain close working relationship with the secretariats of the United Nations Economic Commission for Africa and the United Nations Centre for Social Development and Humanitarian Affairs, which shall, within the limits of their resources, assist the Institute in the achievement of its objectives.

 

2. Notwithstanding the provisions of this Statute, the Secretariat of the United Nations Economic Commission for Africa shall, as appropriate, be entrusted by the Conference of Ministers with the responsibility of seeking assistance from cooperating States and organizations for the implementation of the approved Work Programme of the Institute and acting as the executing agency in respect of which it has been able to obtain assistance.

 

ARTICLE XIII

 

Relationship with other Institutes and Organizations

 

1. The Institute shall seek and maintain active cooperation with States, non member States, who are desirous of assisting the Institute in achieving its objectives.

 

2. The Institute shall collaborate closely with the General Secretariat of the Organization of African Unity in furtherance of its objectives.

 

3. The Institute shall maintain close working relationship with other regional and interregional institutes with similar objectives, United Nations organizations and specialized agencies, academic institutions, as well as non-governmental organizations involved in the field of crime prevention and the treatment of offenders.

 

ARTICLE XIV

 

Publication and Rights to Intellectual Property

 

1. The Institute shall freely publish any results of its research, training and other activities.

 

2. All rights, including title and copyright in any work or publications, shall be vested in the Institute.

 

3. The Institute shall use its copyright and other rights and any financial or other benefits derived therefrom in furtherance of its objectives.

 

ARTICLE XV

 

Settlement of Disputes

 

1. Any dispute that my arise concerning the interpretation or application of any of the provisions of this Statute which cannot be settled by the parties to the dispute shall be submitted to the Conference of Ministers.

 

2. If the Conference of Ministers cannot reach a decision on the dispute, or if the decision of the Conference of Ministers is not accepted by the concerned parties to the dispute, either party to the dispute may request that the matter be submitted to arbitration by an Arbitral Tribunal composed of three members who shall be nominated as follows:

 

(a) Each party shall nominate on arbitrator;

 

(b) The third arbitrator, who shall be the Chairman of the Arbitral Tribunal, shall be chosen by agreement between the arbitrators nominated by the parties.

 

3. If the Arbitral Tribunal is not constituted within a period of three months from the date of the request for arbitration, any one of the parties to the dispute may request the Chairman of the Conference of Ministers to make the necessary nominations, except that, in case where the Institute is a party to a dispute, the nominations shall be made by the Executive Secretary of the United Nations Economic Commission for Africa.

 

4. The decision of the Arbitral Tribunal shall be binding on the parties to the dispute.

 

5. The provisions of paragraph 2 and 3 of this Article shall be without prejudice to the choice of any other mode of settlement that the parties concerned may decide upon.

 

ARTICLE XVI

 

Dissolution

 

1. The Institute may be dissolved by agreement of two thirds of the members of the Conference of Ministers.

 

2. In the case of dissolution of the Institute in pursuance of the provisions of paragraph 1 of this Article, the Governing Board shall make provisions for the orderly liquidation of the Institute.

 

ARTICLE XVII

Entry into Force

This Statute shall enter into force upon its adoption by the Conference of Ministers and signatures by ten member States.

ARTICLE XVIII

Financial and Transitional Provisions

1. This Statute, of which the Arabic, English and French texts are equally authentic, shall be deposited with the Executive Secretary of the United Nations Economic Commission for Africa.

2. Upon the entry into force of this Statute and until the establishment of the permanent Secretariat of the Institute, the functions of the Secretariat shall be performed by the United Nations Economic Commission for Africa.

IN WITNESS WHEREOF the undersigned, being accredited by their respective governments have signed this Statute.