General Convention on the Privileges
and Immunities of the Organization of African Unity
CONSIDERING it necessary that the Organization
of African Unity should 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;
CONSIDERING it necessary that the representatives
of the Members of the Organization of African Unity
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;
NOW THEREFORE the Assembly adopted the following
convention:
SECTION A
Article I
The Organization of African Unity shall possess
juridical personality and shall have the capacity:
a. To enter into contacts including the rights to
acquire and dispose of moveable and immovable property;
b. To institute legal proceedings.
SECTION B
Article II
Property, Funds, Assets and Transactions of the
Organization of African Unity
The Organization of African Unity, its premises
buildings, assets and other property wherever located
and by whomsoever held, shall enjoy immunity from
every form of legal process except in so far as
in any particular chase the Organization of African
Unity has waived such immunity in accordance with
the provisions of this General Convention. It is,
however, understood that no waiver of immunity shall
extend to any measure of execution.
The premises and buildings of the Organization of
African Unity shall be inviolable. The property
and assets of the Organization of African Unity,
wherever located and by whomsoever held, shall be
immune from search, requisition, confiscation, expropriation
and from any other form of interference, whether
by executive, administrative, juridical or legislative
action.
The archives of the Organization of African Unity
and in general all documents belonging to it or
held by it shall be inviolable wherever located.
Without being restricted by financial controls,
regulations or moratoria of any kind;
a. The Organization of African Unity may hold funds,
gold or currency of any kind and operate accounts
of any currency;
b. The Organization of African Unity shall be free
to transfer its funds, gold or currency from one
country to another or within any country and to
convert any currency held by it into any other currency.
It is provided, however, that in exercising its
right under paragraph 4 hereabove, the Organization
of African Unity shall pay due regard to any representations
made by the Government of any Member insofar as
it is considered that effect can be given to such
representations without prejudicing the interests
of the Organization of African Unity.
Article III
Tax Exemptions
The Organization of African Unity, its income assets
and properties shall be exempt:
a. From all direct taxes, except that the Organization
of African Unity will not claim exemption from taxes
or dues which are no more than charges for public
utility services;
b. From import and export duties, prohibitions and
quantitative restrictions on imports and exports
in respect of articles imported or exported by the
Organization of African Unity intended for and used
for its official purposes. It is provided, however,
that articles imported under such exemption shall
not be sold with or without consideration in the
country into which they were imported except under
conditions agreed upon by the appropriate authorities
of the Government of that country;
c. From customs duties, prohibitions and restrictions
on imports and exports in respect of its publications.
While the Organization of African Unity will not,
as a general rule, claim exemption from excise duties
and from transaction taxes on the sale of moveable
and immovable property which form part of' the price
to be paid, nevertheless when the Organization of
African Unity is making important purchases for
official use of property on which such duties and
taxes have been charged or are chargeable, Members
will enact the necessary provisions or make appropriate
administrative arrangements for the remission or
refused of the amount of duty or tax so charged.
Article IV
Facilities in Respect of Communications
For its official communications and the transfer
of all its documents the Organization of African
Unity shall enjoy in the territory of each Member
State treatment not less favourable than that accorded
by the Government of that Member to any other international
Organization as well as any Government, including
its diplomatic mission, in matters of priorities,
rates and taxes on mails, cables, telegrams, radiograms,
telephotos, telephones and other communications,
as well as press rates for information to the press
and radio. Official correspondence and other official
communications of the Organization of African Unity
shall not be subject to censorship.
The Organization of African Unity shall have the
right to use codes and to despatch and receive its
official correspondence, either by courier or in
sealed bags which shall have the same immunities
and privileges as diplomatic couriers and bags.
SECTION C
Article V
Representatives of Member States
Representatives of Member States to the principal
and subsidiary institutions, as well as to the Specialised
Commission of the Organization of African Unity,
and to conference convened by the Organization,
shall, while exercising their functions and during
their travel to and from the place of meetings,
be accorded the following privileges and immunities;
a. Immunity from personal arrest or detention and
from any official interrogation as well as from
inspection or seizure of their personal baggages;
b. Immunity from legal process of every kind in
respect of words spoken, written or acts performed
or votes cast by them for and in the exercise of
their functions;
c. Inviolability for all their papers and documents
and the right to use codes and to receive papers
or correspondence by courier or in sealed bags;
d. Exemption in respect of themselves and their
spouses from immigration restrictions, aliens registration
and from national service obligations in the state
they are visiting or through which they are passing
for and in the exercise of their functions;
e. The same facilities in respect of currency or
exchange restrictions as are accorded to representatives
of foreign governments on temporary official missions;
f. The same immunities and facilities in respect
of their personal and official baggages as are accorded
to diplomatic envoys;
g. Such other privileges immunities and facilities
not inconsistent with the foregoing as diplomatic
envoys enjoy except that they shall have no right
to claim exemption from customs duties on goods
imported (otherwise than as part of their personal
baggage) or from excise duties or sales taxes.
In order to secure, for the representatives of
Members to the principal and subsidiary institutions
as well as to Specialized Commission of the Organization
of African Unity and to Conferences convened by
the Organization, complete freedom of speech and
independence in the discharge of their duties, the
immunity from legal process in respect of words
spoken, written or votes cast, and all acts done
by them in discharging their duties shall continue
to be accorded, notwithstanding that the persons
concerned are no longer the representatives of Members.
Where the incidence of any form of taxation depends
upon residence, periods during which the representatives
of Members to the principal and subsidiary institutions
as well as to the Specialized Commissions of the
Organization of African Unity and to Conferences
convened by the Organization of African Unity are
present in a State for the discharge of their duties
shall not be considered as periods of residence.
Privileges and immunities are accorded to the representatives
of Members not for the personal benefit of the individuals
themselves, but in order to safeguard the independent
exercise of their functions in connection with the
Organization of African Unity. Consequently, a Member
not only has the right but is under a duty to waive
the immunity of its representative in any case where
in the opinion of the Member the immunity would
impede the course of justice, and it can be waived
without prejudice to the purpose for which the immunity
is accorded.
The provisions of paragraphs l, 2 and 3 of Article
V are not applicable as between a representative
and the authorities of the State of which he is
a national or of which he is or has been the representative.
In this article the expression "representatives"
shall be deemed to include all delegates, deputy
delegates, advisers, technical experts and secretaries
of delegations.
SECTION D
Article VI
Officials of the Organization of African Unity
The Administrative Secretary-General will specify
the category of officials to which the provisions
of this Article and Article VIII shall apply. He
shall submit these categories to the Assembly. Thereafter
these categories shall be communicated to the Governments
of all Members. The names of the officials included
in these categories shall from time to time be made
known to the Governments of Members.
Officials of the Organization of African Unity shall:
a. Be immune from legal process in respect of words
spoken, written and all acts performed by them in
their official capacity;
b. Be exempt from taxation on the salaries and emoluments
paid to them by the Organization of African Unity;
c. Be immune from national service obligations;
d. Be immune, together with their spouses and relatives
residing with and dependent on them, from immigration
restrictions and alien registration and finger printing;
e. Be accorded the same privileges in respect of
exchange facilities as are accorded to the officials
of comparable ranks forming part of diplomatic missions
to the Government concerned;
f. Be given, together with their spouses and relatives
residing with and dependent on them, the same repatriation
facilities in time of international crisis as diplomatic
envoys;
g. Have the right to import free of duty their furniture
and effects at the time of first taking up their
post in the country in question.
In addition to the immunities and privileges specified
in paragraph 2 of this Article, the Administrative
Secretary-General and all Assistant Secretaries-General
shall be accorded in respect of themselves, their
spouses and minor children, the privileges and immunities,
exemptions and facilities accorded to diplomatic
envoys, in accordance with international law.
Privileges and immunities are granted to officials
in the interests of the Organization of African
Unity and not for the personal benefit of the individuals
themselves. The Administrative Secretary-General
shall have the right and the duty to waive the immunity
of any official in any case where, in his opinion,
the immunity would impede the course of justice
and can be waived without prejudice to the interests
of the Organisation of African Unity. In the case
of the Administrative Secretary-General, the Council
of' Ministers shall have the right to waive immunity.
The Organization of African Unity shall co-operate
at all times with tile appropriate authorities of
Members to facilitate the proper administration
of justice, secure the observance of police regulations
and prevent the occurrence of any abuse in connection
with the privileges, immunities and facilities mentioned
in this Article.
Article VII
Experts on Missions for the Organization of African
Unity.
Experts (other than officials coming within the
scope of Article VI) performing missions for the
Organisation of African Unity shall be accorded
such privileges and immunities as are necessary
for the independent exercise of their functions
during the period of their missions, including the
time spent on journeys in connection with their
missions. In particular, the shall be accorded:
a. Immunity from personal arrest or detention as
well as any official interrogation and from inspection
or seizure of their personal baggage;
b. In respect of words spoken, written or votes
cast and acts done by them in the course of the
of their mission; immunity from legal process of
every kind; the said immunities from legal process
continue to be accorded notwithstanding that persons
concerned are no longer employed on missions for
the Organisation of African Unity;
c. Inviolability for all papers and documents;
d. For the purpose of their communications with
the Organization of African Unity, the right to
use codes and to receive papers or correspondence
by courier or in sealed bags;
e. The same facilities in respect of currency or
exchange restrictions as are accorded to representatives
of foreign Governments on temporary official missions;
f. The same immunities and facilities in respect
of their personal baggage as are accorded to diplomatic
envoys.
Privileges and immunities are granted to experts
in the interests of the Organization of African
Unity and not for the personal benefit of the individuals
themselves. The Administrative Secretary-General
shall have the right and the duty to waive the immunities
of any expert in any case where, in his opinion,
the immunity would impede the course of' justice
and it can be waived without prejudice to the interests
of the Organization of African Unity.
Article VIII
Organization of African Unity Laissez-Passer
The Organization of African Unity may issue Organization
of African Unity Laissez-Passer to its officials.
These Laissez-Passer shall be recognized and accepted
as valid travel documents by the authorities of
Members, taking into account the provisions of paragraph
2 of this Article.
Applications for visas (where required) from the
holders of Organization of African Unity Laissez-Passer,
when accompanied by a certificate that they are
travelling on the business of the Organization of
African Unity, shall be dealt with as speedily as
possible. In addition, such persons shall be granted
facilities for speedy travel.
Similar facilities to these specified in paragraph
2 of this Article shall be accorded to experts and
other persons who, though not the holders of Organisation
of African Unity Laissez-Passer, have a certificate
that they are travelling on the business of the
Organisation of African Unity.
The Administrative Secretary-General, Assistant
Secretaries-General and Directors travelling on
Organization of African Unity Laissez-Passer on
the business of the Organisation of African Unity
shall be granted the same facilities as are accorded
to diplomatic envoys.
SECTION E
Article IX
Settlements of Disputes
The Organization of African Unity shall 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 Organisation
of African Unity is a party;
b. Disputes involving any official of the Organisation
of African Unity who by reason of his official position
enjoys immunity, if immunity has not been waived
by the Administrative Secretary-General.
a. All differences arising out of the interpretation
and/or application of the present Convention shall
be referred for arbitration to the Commission of
Mediation, Conciliation and Arbitration, unless
in any case it is agreed by the parties to have
recourse to another mode of settlement;
b. All differences which may arise between the
Organization of African Unity on the one hand, with
respect to the interpretation and/or application
of the present Convention, failing settlement by
negotiation or any other agreed method of settlement
shall be submitted to a tribunal of three arbitrators;
one to be named by the Administrative Secretary-General
of the Organisation, one to be named by the Member
State, the third to be chosen by the two arbitrators,
and/or if they should fail to agree upon the third,
then the third shall be chosen by the President
of the Commission of Mediation, Conciliation and
Arbitration.
Article X
Final Provisions
This Convention is submitted to every Member of
the Organisation of African Unity for accession.
The accession provided for in paragraph 1 of this
Article shall be effected by the signature of the
Heads of State and Government; this signature implies
the immediate entering into force of the General
Convention on the Privileges and Immunities of the
Organization of African Unity.
The Administrative Secretary-General may conclude
with any Member or Members supplementary agreements
adjusting the provisions of this Convention so far
as that Member or those Members are concerned. These
supplementary agreements shall in each case be subject
to the approval of the Assembly.
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IN FAITH WHEREOF, WE, the Heads of State and Government
have signed this Convention, done in the city of
Accra, Ghana, this 25th day of October 1965.