UNHCR CONSTITUTION
United Nations High Commissioner for Refugees
PREAMBLE.
The Governments accepting this Constitution, recognizing: that genuine
refugees and displaced persons constitute an urgent problem which is
international in scope and character; that as regards displaced persons,
the main task to be performed is to encourage and assist in every way
possible their early return to their country of origin; that genuine
refugees and displaced persons should be assisted by international action,
either to return to their countries of nationality or former habitual
residence, or to find new homes elsewhere, under the conditions provided
for in this Constitution; or in the case of Spanish Republicans, to
establish themselves temporarily in order to enable them to return to
Spain when the present Falangist regime is succeeded by a democratic
regime; that resettlement and reestablishment of refugees and displaced
persons be contemplated only in cases indicated clearly in the
Constitution; that genuine refugees and displaced persons, until such time
as their repatriation or resettlement and reestablishment is effectively
completed, should be protected in their rights and legitimate interests,
should receive care and assistance and, as far as possible, should be put
to useful employment in order to avoid the evil and anti-social
consequences of continued idleness; and that the expenses of repatriation
to the extent practicable should be charged to Germany and Japan for
persons displaced by those Powers from countries occupied by them: Have
agreed: for the accomplishment of the foregoing purposes in the shortest
possible time, to establish and do hereby establish, a non-permanent
organization to be called the International Refugee Organization, a
specialized agency to be brought into relationship with the United
Nations, and accordingly Have accepted the following articles:
ANNEX I.
DEFINITIONS. GENERAL PRINCIPLES.
1.The following general principles constitute an integral part of the
definitions as laid down in Parts I and II of this Annex. (a)The main
object of the Organization will be to bring about a rapid and positive
solution of the problem of bona fide refugees and displaced persons, which
shall be just and equitable to all concerned. (b)The main task concerning
displaced persons is to encourage and assist in every way possible their
early return to the countries of origin, having regard to the principles
laid down in paragraph (c) (ii) of the resolution adopted by the General
Assembly of the United Nations on 12 February 1946 regarding the problem
of refugees (Annex III). (c)As laid down in the resolution adopted by the
Economic and Social Council on 16 February 1946, no international
assistance should be given to traitors, quislings and war criminals, and
nothing should be done to prevent in any way their surrender and
punishment. (d)It should be the concern of the Organization to ensure that
its assistance is not exploited in order to encourage subversive or
hostile activities directed against the Government of any of the United
Nations. (e)It should be the concern of the Organization to ensure that
its assistance is not exploited by persons in the case of whom it is clear
that they are unwilling to return to their countries of origin because
they prefer idleness to facing the hardships of helping in the
reconstruction of their countries, or by persons who intend to settle in
other countries for purely economic reasons, thus qualifying as emigrants.
(f)On the other hand it should equally be the concern of the Organization
to ensure that no bona fide and deserving refugee or displaced person is
deprived of such assistance as it may be in a position to offer. (g)The
Organization should endeavour to carry out its functions in such a way as
to avoid disturbing friendly relations between nations. In the pursuit
of
this objective, the Organization should exercise special care in cases in
which the re-establishment or resettlement of refugees or displaced
persons might be contemplated, either in countries contiguous to their
respective countries of origin or in non-self-governing countries. The
Organization should give due weight, among other factors, to any evidence
of genuine apprehension and concern felt in regard to such plans, in the
former case, by the country of origin of the persons involved, or, in the
latter case, by the indegenous population of the non-self-governing
country in question.
2.To ensure the impartial and equitable application of the above
principles and of the terms of the definition which follows, some special
system of semi-judicial machinery should be created, with appropriate
constitution, procedure and terms of reference.
PART I. Refugees and displaced persons within the meaning of the
resolution adopted by the Economic and Social Council of the United
Nations on 16 February 1946.
Section A - Definition of Refugees.
1.Subject to the provisions of sections C and D and of Part II of this
Annex, the term "refugee" applies to a person who has left, or
who is
outside of, his country of nationality or of former habitual residence,
and who, whether or not he had retained his nationality, belongs to one
of
the following categories: (a)victims of the nazi or fascist regimes or of
regimes which took part on their side in the second world war, or of the
quisling or similar regimes which assisted them against the United
Nations, whether enjoying international status as refugees or not;
(b)Spanish Republicans and other victims of the Falangist regime in Spain,
whether enjoying international status as refugees or not; (c)persons who
were considered refugees before the outbreak of the second world war, for
reasons of race, religion, nationality or political opinion.
2.Subject to the provisions of sections C and D and of Part II of this
Annex regarding the exclusion of certain categories of persons, including
war criminals, quislings and traitors, from the benefits of the
Organization, the term "refugee" also applies to a person, other
than a
displaced person as defined in section B of this Annex, who is outside of
his country of nationality or former habitual residence, and who, as a
result of events subsequent to the outbreak of the second world war, is
unable or unwilling to avail himself of the protection of the Government
of his country of nationality or former nationality.
3.Subject to the provisions of Section D and of Part II of this Annex, the
term "refugee" also applies to persons who, having resided in
Germany or
Austria, and being of Jewish origin or foreigners or stateless persons,
were victims of nazi persecution and were detained in, or were obliged to
flee from, and were subsequently returned to, one of those countries as
a
result of enemy action, or of war circumstances, and have not yet been
firmly resettled therein.
4.The term "refugee" also applies to unaccompanied children who
are war
orphans or whose parents have disappeared, and who are outside their
countries of origin. Such children, 16 years of age or under, shall be
given all possible priority assistance, including, normally, assistance
in
repatriation in the case of those whose nationality can be determined.
Section B - Definition of displaced persons.
The term "displaced person" applies to a person who, as a result
of the
actions of the authorities of the regimes mentioned in Part I, section A,
paragraph 1 (a) of this Annex has been deported from, or has been obliged
to leave his country of nationality or of former habitual residence, such
as persons who were compelled to undertake forced labour or who were
deported for racial, religious or political reasons. Displaced persons
will only fall within the mandate of the Organization subject to the
provisions of sections C and D of Part I and to the provisions of Part II
of this Annex. If the reasons for their displacement have ceased to
exist, they should be repatriated as soon as possible in accordance with
article 2, paragraph 1 (a) of this Constitution, and subject to the
provision of paragraph (c), sub-paragraphs (ii) and (iii) of the General
Assembly resolution of 12 February 1946 regarding the problem of refugees
(Annex III).
Section C - Conditions under which "refugees" and "displaced
persons" will
become the concern of the Organization.
1.In the case of all the above categories except those mentioned in
section A, paragraphs 1 (b) and 3 of this Annex, persons will become the
concern of the Organization in the sense of the resolution adopted by the
Economic and Social Council on 16 February 1946 if they can be
repatriated, and the help of the Organization is required in order to
provide for their repatriation, or if they have definitely, in complete
freedom and after receiving full knowledge of the facts, including
adequate information from the Governments of their countries of
nationality or former habitual residence, expressed valid objections to
returning to those countries. (a)The following shall be considered as
valid objections: (i)persecution, or fear, based on reasonable grounds of
persecution because of race, religion, nationality or political opinions,
provided these opinions are not in conflict with the principles of the
United Nations, as laid down in the Preamble of the Charter of the United
Nations; (ii)objections of a political nature judged by the Organization
to be "valid", as contemplated in paragraph 8 (a) of the report
of the
Third Committee of the General Assembly as adopted by the Assembly on 12
February 1946. (iii)in the case of persons falling within the category
mentioned in section A, paragraphs 1 (a) and 1 (c) compelling family
reasons arising out of previous persecution, or, compelling reasons of
infirmity or illness. (b)The following shall normally be considered
"adequate information": information regarding conditions in the
countries
of nationality of the refugees and displaced persons concerned,
communicated to them directly by representatives of the Governments of
these countries, who shall be given every facility for visiting camps and
assembly centres of refugees and displaced persons in order to place such
information before them.
2.In the case of all refugees falling within the terms of Section A
paragraph 1 (b) of this Annex, persons will become the concern of the
Organization in the sense of the resolution adopted by the Economic and
Social Council of the United Nations on 16 February 1946, so long as the
Falangist regime in Spain continues. Should that regime be replaced by
a
democratic regime they will have to produce valid objections against
returning to Spain corresponding to those indicated in paragraph 1 (a) of
this section.
Section D - Circumstances in which refugees and displaced persons will
cease to be the concern of the Organization.
Refugees or displaced persons will cease to be the concern of the
Organization: (a)when they have returned to the countries of their
nationality in United Nations territory, unless their former habitual
residence to which they wish to return is outside their country of
nationality; or (b)when they have acquired a new nationality; or (c)when
they have, in the determination of the Organization become otherwise
firmly established; or (d)when they have unreasonably refused to accept
the proposals of the Organization for their resettlement or repatriation;
or (e)when they are making no substantial effort towards earning their
living when it is possible for them to do so, or when they are exploiting
the assistance of the Organization.
Part II
Persons who will not be the concern of the Organization.
1.War criminals, quislings and traitors.
2.Any other persons who can be shown: (a)to have assisted the enemy in
persecuting civil populations of countries, Members of the United Nations;
or (b)to have voluntarily assisted the enemy forces since the outbreak of
the second world war in their operations against the United Nations(2).
3.Ordinary criminals who are extraditable by treaty.
4.Persons of German ethnic origin, whether German nationals or members of
German minorities in other countries, who: (a)have been or may be
transferred to Germany from other countries; (b)have been, during the
second world war, evacuated from Germany to other countries; (c)have fled
from, or into, Germany, or from their places of residence into countries
other than Germany in order to avoid falling into the hands of Allied
armies.
5.Persons who are in receipt of financial support and protection from
their country of nationality, unless their country of nationality requests
international assistance for them.
6.Persons who, since the end of hostilities in the second world war:
(a)have participated in any organization having as one of its purposes the
overthrow by armed force of the Government of their country of origin,
being a Member of the United Nations; or the overthrow by armed force of
the Government of any other Member of the United Nations, or have
participated in any terrorist organization; (b)have become leaders of
movements hostile to the Government of their country of origin being a
Member of the United Nations or sponsors of movements encouraging refugees
not to return to their country of origin; (c)at the time of application
for assistance, are in the military or civil service of a foreign State.
NOTE 1: Paragraph 8 (a). "In answering the representative of Belgium,
the
Chairman stated that it was implied that the international body would
judge what were, or what were not, "valid objections"; and that
such
objections clearly might be of a "political nature"".
NOTE 2: Mere continuance of normal and
peaceful duties, not performed with the specific purpose of aiding the
enemy against the Allies or against the civil population of territory in
enemy occupation, shall not be considered to constitute "voluntary
assistance". Nor shall acts of general humanity, such as care of wounded
or dying, be so considered except in cases where help of this nature given
to enemy nationals could equally well have been given to Allied nationals
and was purposely withheld from them.
Article 1
Mandate.
The mandate of the Organization shall extend to refugees and displaced
persons in accordance with the principles, definitions and conditions set
forth in Annex I, which is attached to and made an integral part of this
Constitution.
Article 2
Functions and powers.
1. The functions of the Organization to be carried out in accordance with
the purposes and the principles of the Charter of the United Nations,
shall be: the repatriation; the identification, registration and
classification; the care and assistance; the legal and political
protection; the transport; and the resettlement and reestablishment, in
countries able and willing to receive them, of persons who are the concern
of the Organization under the provisions of Annex I. Such functions shall
be exercised with a view: (a)to encouraging and assisting in every way
possible the early return to their country of nationality, or former
habitual residence, of those persons who are the concern of the
Organization, having regard to the principles laid down in the resolution
on refugees and displaced persons adopted by the General Assembly of the
United Nations on 12 February 1946 (Annex III) and to the principles set
forth in the Preamble, and to promoting this by all possible means, in
particular by providing them with material assistance, adequate food for
a
period of three months from the time of their departure from their present
places of residence provided they are returning to a country suffering as
a result of enemy occupation during the war, and provided such food shall
be distributed under the auspices of the Organization; and the necessary
clothing and means of transportation; and (b)with respect to persons for
whom repatriation does not take place under paragraph 1 (a) of this
article to facilitating: (i)their reestablishment in countries of
temporary residence; (ii)the emigration to, resettlement and
reestablishment in other countries of individuals or family units; and
(iii)as may be necessary and practicable, within available resources and
subject to the relevant financial regulations, the investigation,
promotion or execution of projects of group resettlement or large-scale
resettlement. (c)with respect to Spanish Republicans to assisting them to
establish themselves temporarity until the time when a democratic regime
in Spain is established.
(2)For the purpose of carrying out its functions, the Organization may
engage in all appropriate activities, and to this end, shall have power:
(a)to receive and disburse private and public funds; (b)as necessary to
acquire land and buildings by lease, gift, or in exceptional circumstances
only, by purchase; and to hold such land and buildings or to dispose of
them by lease, sale or otherwise; (c)to acquire, hold and convey other
necessary property; (d)to enter into contracts, and undertake obligations;
including contracts with Governments or with occupation or control
authorities, whereby such authorities would continue, or undertake, in
part or in whole, the care and maintenance of refugees and displaced
persons in territories under their authority, under the supervision of the
Organization; (e)to conduct negotiations and conclude agreements with
Governments; (f)to consult and co-operate with public and private
organizations whenever it is deemed advisable, in so far as such
organizations share the purpose of the Organization and observe the
principles of the United Nations; (g)to promote the conclusion of
bilateral arrangements for mutual assistance in the repatriation of
displaced persons, having regard to the principles laid down in paragraph
(c) (ii) of the resolution adopted by the General Assembly of the United
Nations on 12 February 1946 regarding the problem of refugees (Annex III);
(h)to appoint staff, subject to the provisions of Article 9 of this
Constitution; (i)to undertake any project appropriate to the
accomplishment of the purposes of this Organization; (j)to conclude
agreements with countries able and willing to receive refugees and
displaced persons for the purpose of ensuring the protection of their
legitimate rights and interests in so far as this may be necessary; and
(k)in general, to perform any other legal act appropriate to its purposes.
Article 3
Relationship to the United Nations.
The relationship between the Organization and the United Nations shall be
established in an agreement between the Organization and the United
Nations as provided in Articles 57 and 63 of the Charter of the United
Nations.
Article 4
Membership.
1.Membership in the Organization is open to Members of the United Nations.
Membership is also open to any other peace-loving States, not members of
the United Nations, upon recommendation of the Executive Committee, by a
two-thirds majority vote of members of the General Council present and
voting, subject to the conditions of the agreement between the
Organization and the United Nations approved pursuant to article 3 of this
Constitution.
2.Subject to the provisions of paragraph 1 of this article, the members
of
the Organization shall be those States whose duly authorized
representatives sign this Constitution without reservation as to
subsequent acceptance, and those States which deposit with the
Secretary-General of the United Nations their instruments of acceptance
after their duly authorized representatives have signed this Constitution
with such reservation.
3.Subject to the provisions of paragraph 1 of this article, those States,
whose representatives have not signed the Constitution referred to in the
previous paragraph, or which, having signed it, have not deposited the
relevant instrument of acceptance within the following six months, may,
however, be admitted as members of the Organization in the following
cases: (a)if they undertake to liquidate any outstanding contributions in
accordance with the relevant scale; or (b)if they submit to the
Organization a plan for the admission to their territory, as immigrants,
refugees or displaced persons in such numbers, and on such settlement
conditions as shall, in the opinion of the Organization, require from the
applicant State an expenditure or investment equivalent, or approximately
equivalent, to the contribution that they would be called upon, in
accordance with the relevant scale, to make to the budget of the
Organization.
4.Those States which, on signing the Constitution, express their intention
to avail themselves of clause (b) of paragraph 3 of this article may
submit the plan referred to in that paragraph within the following three
months, without prejudice to the presentation within six months of the
relevant instrument of acceptance.
5.Members of the Organization which are suspended from the exercise of the
rights and privileges of Membership of the United Nations shall, upon
request of the latter, be suspended from the rights and privileges of this
Organization.
6.Members of the Organization which are expelled from the United Nations
shall automatically cease to be members of this Organization.
7.With the approval of the General Assembly of the United Nations, members
of the Organization which are not members of the United Nations, and which
have persistently violated the principles of the Charter of the United
Nations may be suspended from the rights and privileges of the
Organization, or expelled from its membership by the General Council.
8.A member of the Organization which has persistently violated the
principles contained in the present Constitution, may be suspended from
the rights and privileges of the Organization by the General Council, and
with the approval of the General Assembly of the United Nations, may be
expelled from the Organization.
9.A member of the Organization undertakes to afford its general support
to
the work of the Organization.
10.Any member may at any time give written notice of withdrawal to the
Chairman of the Executive Committee. Such notice shall take effect one
year after the date of its receipt by the Chairman of the Executive
Committee.
Article 5
Organs.
There are established as the principal organs of the Organization: a
General Council, and Executive Committee and a Secretariat.
Article 6
The General Council.
1.The ultimate policy-making body of the Organization shall be the General
Council in which each member shall have one representative and such
alternates and advisers as may be necessary. Each member shall have one
vote in the General Council.
2.The General Council shall be convened in regular session not less than
once a year by the Executive Committee provided, however, that for three
years after the Organization comes into being the General Council shall
be
convened in regular session not less than twice a year. It may be
convened in special session whenever the Executive Committee shall deem
necessary; and it shall be convened in special session by the
Director-General within thirty days after a request for such a special
session is received by the Director-General from one-third of the members
of the Council.
3.At the opening meeting of each session of the General Council, the
Chairman of the Executive Committee shall preside until the General
Council has elected one of its members as Chairman for the session.
4.The General Council shall thereupon proceed to elect from among its
members a first Vice-Chairman and a second Vice-Chairman, and such other
officers as it may deem necessary.
Article 7
Executive Committee.
1.The Executive Committee shall perform such functions as may be necessary
to give effect to the policies of the General Council, and may make,
between sessions of the General Council, policy decisions of an emergency
nature which it shall pass on to the Director-General, who shall be guided
thereby, and shall report to the Executive Committee on the action which
he has taken thereon. These decisions shall be subject to reconsideration
by the General Council.
2.The Executive Committee of the General Council shall consist of the
representatives of nine members of the Organization. Each member of the
Executive Committee shall be elected for a two-year term by the General
Council at a regular session of the Council. A member may continue to
hold office on the Executive Committee during any such period as may
intervene between the conclusion of its term of office and the first
succeeding meeting of the General Council at which an election takes
places. A member shall be at all times eligible for re-election to the
Executive Committee. If a vacancy occurs in the membership of the
Executive Committee between two sessions of the General Council, the
Executive Committee may fill the vacancy by itself appointing another
member to hold office until the next meeting of the Council.
3.The Executive Committee shall elect a Chairman and a Vice-Chairman from
among its members, the terms of office to be determined by the General
Council.
4.Meetings of the Executive Committee shall be convened: (a)at the call
of
the Chairman, normally twice a month; (b)whenever any representative of
a
member of the Executive Committee shall request the convening of a
meeting, by a letter addressed to the Director-General, in which case the
meeting shall be convened within seven days of the date of the receipt of
the request; (c)in the case of a vacancy occurring in the Chairmanship,
the Director-General shall convene a meeting at which the first item on
the agenda shall be the election of a Chairman.
5.The Executive Committee may, in order to investigate the situation in
the field, either as a body or through a delegation of its members, visit
camps, hostels or assembly points within the control of the Organization,
and may give instructions to the Director-General in consequence of the
reports of such visits.
6.The Executive Committee shall receive the reports of the
Director-General as provided in paragraph 6 of article 8 of this
Constitution, and, after consideration thereof, shall request the
Director-General to transmit these reports to the General Council with
such comments as the Executive Committee may consider appropriate. These
reports and such comments shall be transmitted to all members of the
General Council before its next regular session and shall be published.
The Executive Committee may request the Director-General to submit such
further reports as may be deemed necessary.
Article 8
Administration.
1.The chief administrative officer of the Organization shall be the
Director-General. He shall be responsible to the General Council and the
Executive Committee and shall carry out the administrative and executive
functions of the Organization in accordance with the decisions of the
General Council and the Executive Committee, and shall report on the
action taken thereon.
2.The Director-General shall be nominated by the Executive Committee and
appointed by the General Council. If no person acceptable to the General
Council is nominated by the Executive Committee, the General Council may
proceed to appoint a person who has not been nominated by the Committee.
When a vacancy occurs in the office of the Director-General the Executive
Committee may appoint an Acting Director-General to assume all the duties
and functions of the office until a Director-General can be appointed by
the General Council.
3.The Director-General shall serve under a contract which shall be signed
on behalf of the Organization by the Chairman of the Executive Committee
and it shall be a clause of such contract that six months' notice of
termination can be given on either side. In exceptional circumstances,
the Executive Committee, subject to subsequent confirmation by the General
Council, has the power to relieve the Director-General of his duties by
a
two-thirds majority vote of the members if, in the Committee's opinion,
his conduct is such as to warrant such action.
4.The staff of the Organization shall be appointed by the Director-General
under regulations to be established by the General Council.
5.The Director-General shall be present, or be represented by one of his
subordinate officers, at all meetings of the General Council, or the
Executive Committee and of all other committees and sub-committees. He
or
his representatives may participate in any such meeting but shall have no
vote.
6.(a)The Director-General shall prepare at the end of each half-year
period a report on the work of the Organization. The report prepared at
the end of each alternate period of six months shall relate to the work
of
the Organization during the preceding year and shall give a full account
of the activities of the Organization during that period. These reports
shall be submitted to the Executive Committee for consideration, and
thereafter shall be transmitted to the General Council together with any
comments of the Executive Committee thereon, as provided by paragraph 6
of
article 7 of this Constitution. (b)At every special session of the General
Council the Director-General shall present a statement of the work of the
Organization since the last meeting.
Article 9
Staff.
1.The paramount consideration in the employment of the staff and in the
determination of the conditions of service shall be the necessity of
securing the highest standards of efficiency, competence and integrity.
A
further consideration in the employment of the staff shall be adherence
to
the principles laid down in the present Constitution. Due regard shall
be
paid to the importance of recruiting staff on an appropriate geographical
basis, and of employing an adequate number of persons from the countries
of origin of the displaced persons.
2.No person shall be employed by the Organization who is excluded under
Part II, other than paragraph 5, of Annex I to this Constitution, from
becoming the concern of the Organization.
3.In the performance of their duties, the Director-General and the staff
shall not seek or receive instructions from any Government or from any
other authority external to the Organization. They shall refrain from any
action which might reflect on their position as international officials
responsible only to the Organization. Each member of the Organization
undertakes to respect the exclusively international character of the
responsibilities of the Director-General and the staff and not to seek to
influence them in the discharge of their responsibilities.
Article 10
Finance.
1.The Director-General shall submit, through the Executive Committee, to
the General Council an annual budget, covering the necessary
administrative, operational and large-scale resettlement expenditures of
the Organization, and from time to time such supplementary budgets as may
be required. The Executive Committee shall transmit the budget to the
General Council with any remarks it may deem appropriate. Upon final
approval of a budget by the General Council, the total under each of these
three headings - to wit, "administrative", "operational"
and "large-scale
resettlement" - shall be allocated to the members in proportions for
each
heading to be determined from time to time by a two-thirds majority vote
of the members of the General Council present and voting.
2.Contributions shall be payable, as a result of negotiations undertaken
at the request of members between the Organization and such members, in
kind or in any such currency as may be provided for in a decision by the
General Council, having regard to currencies in which the anticipated
expenditure of the Organization will be effected from time to time,
regardless of the currency in which the budget is expressed.
3.Each member undertakes to contribute to the Organization its share of
the administrative expenses as determined and allocated under paragraphs
1
and 2 of this article.
4.Each member shall contribute to the operational expenditures - except
for large-scale resettlement expenditures - as determined and allocated
under paragraphs 1 and 2 of this article, subject to the requirements of
the constitutional procedure of such members. The members undertake to
contribute to the large-scale resettlement expenditures on a voluntary
basis and subject to the requirements of their constitutional procedure.
5.A member of the Organization, which, after the expiration of a period
of
three months following the date of the coming into force of this
Constitution, has not paid its financial contribution to the Organization
for the first financial year, shall have no vote in the General Council
or
the Executive Committee until such contribution has been paid.
6.Subject to the provisions of paragraph 5 of this article, a member of
the Organization which is in arrears in the payment of its financial
contributions to the Organization shall have no vote in the General
Council or the Executive Committee if the amount of its arrears equals or
exceeds the amount of the contributions due from it for the preceding one
full year.
7.The General Council may, nevertheless, permit such members to vote if
it
is satisfied that the failure to pay is due to conditions beyond the
control of such members.
8.The administrative budget of the Organization shall be submitted
annually to the General Assembly of the United Nations for such review and
recommendations as the General Assembly may deem appropriate. The
agreement under which the Organization shall be brought into relationship
with the United Nations under article 3 of this Constitution may provide,
inter alia, for the approval of the administrative budget of the
Organization by the General Assembly of the United Nations.
9.Without prejudice to the provisions concerning supplementary budgets in
paragraph 1 of this article, the following exceptional arrangements shall
apply in respect of the financial year in which this Constitution comes
into force: (a)the budget shall be the provisional budget set forth in
Annex II of this Constitution; and (b)the amounts to be contributed by the
members shall be in the proportions set forth in Annex II to this
Constitution.
Article 11
Headquarters and other offices.
1.The Organization shall establish its headquarters at Paris or at Geneva,
as the General Council shall decide, and all meetings of the General
Council and the Executive Committee shall be held at this headquarters,
unless a majority of the members of the General Council or the Executive
Committee have agreed, at a previous meeting or by correspondence with the
Director-General to meet elsewhere.
2.The Executive Committee may establish such regional and other offices
and representations as may be necessary.
3.All offices and representations shall be established only with the
consent of the Government in authority in the place of establishment.
Article 12
Procedure.
1.The General Council shall adopt its own rules of procedure, following
in
general, the rules of procedure of the Economic and Social Council of the
United Nations, wherever appropriate, and with such modifications as the
General Council shall deem desirable. The Executive Committee shall
regulate its own procedure subject to any decisions of the General Council
in respect thereto.
2.Unless otherwise provided in the Constitution or by action of the
General Council, motions shall be carried by simple majority of the
members present and voting in the General Council and the Executive
Committee.
Article 13
Status, immunities and privileges.
1.The 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 objectives.
2.(a)The Organization shall enjoy in the territory of each of its members
such privileges and immunities as may be necessary for the exercise of its
functions and the fulfilment of its objectives. (b)Representatives of
members, officials and administrative personnel 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.Such legal status, privileges and immunities shall be defined in an
agreement to be prepared by the Organization after consultation with the
Secretary-General of the United Nations. The agreement shall be open to
accession by all members and shall continue in force as between the
Organization and every member which accedes to the agreement.
Article 14
Relations with other organizations.
1.Subject to the provisions of the agreement to be negotiated with the
United Nations, pursuant to Article 3 of this Constitution, the
Organization may establish such effective relationships as may be
desirable with other international organizations.
2.The Organization may assume all or part of the functions, and acquire
all or part of the resources, assets and liabilities of any
inter-governmental organization or agency, the purposes and functions of
which lie within the scope of the Organization. Such action may be taken
either through mutually acceptable arrangements with the competent
authorities of such organizations or agencies, or pursuant to authority
conferred upon the Organization by international convention or agreement.
Article 15
Relationship with authorities of countries of location of refugees and
displaced persons.
The relationship of the Organization with the Governments or
administrations of countries in which displaced persons or refugees are
located, and the conditions under which it will operate in such countries,
shall be determined by agreements to be negotiated by it with such
Governments or administrations in accordance with the terms of this
Constitution.
Article 16
Amendment of constitution.
Texts of proposed amendments to this Constitution shall be communicated
by
the Director-General to members at least three months in advance of their
consideration by the General Council. Amendments shall come into effect
when adopted by a two-thirds majority of the members of the General
Council present and voting and accepted by two-thirds of the members in
accordance with their respective constitutional processes, provided,
however, that amendments involving new obligations for members shall come
into force in respect of each member only on acceptance by it.
Article 17
Interpretation.
1.The Chinese, English, French, Russian and Spanish texts of this
Constitution shall be regarded as equally authentic.
2.Subject to Article 96 of the Charter of the United Nations and of
Chapter II of the Statute of the International Court of Justice, any
question or dispute concerning the interpretation or application of this
Constitution shall be referred to the International Court of Justice,
unless the General Council or the parties to such dispute agree to another
mode of settlement.
Article 18
Entry into force.
1.(a)States may become parties to this Constitution by: (i)signature
without reservation as to approval; (ii)signature subject to approval
followed by acceptance; (iii)acceptance. (b)acceptance shall be effected
by the deposit of a formal instrument with the Secretary-General of the
United Nations.
2.This Constitution shall come into force when at least fifteen States,
whose required contributions to Part I of the operational budget as set
forth in Annex II of this Constitution amount to not less than
seventy-five per cent of the total thereof, have become parties to it.
3.In accordance with Article 102 of the Charter of the United Nations, the
Secretary-General of the United Nations will register this Constitution,
when it has been signed, without reservation as to approval, on behalf of
one State or upon deposit of the first instrument of acceptance.
4.The Secretary-General of the United Nations will inform States parties
to this Constitution, of the date when it has come into force;he will also
inform them of the dates when other States have become parties to this
Constitution.
In faith whereof the undersigned, duly authorized for that purpose, have
signed this Constitution.
Done at Flushing Meadow, New York, this fifteenth day of December, one
thousand nine hundred and forty-six, in a single copy in the Chinese,
English, French, Russian and Spanish languages. The original texts shall
be deposited in the archives of the United Nations. The Secretary-General
of the United Nations will send certified copies of the texts to each of
the signatory Governments and, upon the coming into force of the
Constitution and the election of a Director-General, to the
Director-General of the Organization.