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ANNEX III
Regulations Governing the Status, Basic Rights
and Duties of Officials other than Secretariat
Officials, and Experts on Mission
I. INTRODUCTION
1. Article 105, paragraph 3, of the Charter of the United Nations empowers
the General Assembly to make recommendations with a view to determining,
inter alia, the privileges and immunities of officials of the Organization or to
propose conventions to Member States for this purpose. The Assembly did so
by adopting the Convention on the Privileges and Immunities of the United
Nationsa on 13 February 1946 (hereinafter called “the General Convention”).
2. The United Nations has persons performing full-time services for it, at the
direction of its legislative organs, who are not staff. For example, article 13
of the statute of the Joint Inspection Unit (approved by the General Assembly
in its resolution 31/192 of 22 December 1976) provides that the Inspectors
shall have the status of officials of the Organization but shall not be staff
members. In addition, pursuant to article V, section 17, of the General
Convention, the Secretary-General has specified and submitted to the
Assembly proposals that a number of persons who occupy certain positions
within the Organization be accorded privileges and immunities under articles
V and VII of the General Convention, even though they are not staff members.
Those persons are the presiding officers of United Nations organs performing
functions for the Organization on a substantially full-time basis (for example,
the Chairman of the Advisory Committee on Administrative and Budgetary
Questions and the Chairman and Vice-Chairman of the International Civil
Service Commission). Those officials are not in a separate category under the
General Convention, but their names are submitted by the Secretary-General
to the host country together with those of Secretariat officials who are staff
members. These persons have been consistently referred to by the General
Assembly as “officials other than Secretariat officials”.
3. Experts on mission may be retained by way of a contract known as a consultant
contract, which sets out the terms of their appointment and the tasks that they
must discharge. Other individuals may have the status of experts on mission,
even though they do not sign a consultant contract, if they are designated by
United Nations, Treaty Series, vol. I, No. 4, p. 15.
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