Legal Instruments

The United Nations Collaboration for Economic and Social Development of Africa - UNCESDA is a Development International Institution (DII) connected with the Sovereign States by the Headquarter Agreements which sought to establish a permanent organization in various countries of Africa to continue work on a joint skill development programme and in particular to supervise the distribution of aid for social development. The UNCESDA is duly approved by the 69th United Nations General Assembly and fully accredited permanent organization established under a charter and constitutional protocol for education and economic co-operation, functioning in accordance with the United Nations through the United Nations Convention signed in Vienna between the States on April 18, 1961 on Diplomatic and Consular Relations.

Our Mission “Educational Development and Economic Cooperation in all the sectors on the International level as Diplomatic Mission as per International Convention of Vienna on 18th April 1961 & 1963 concerning Diplomatic and Consular Relations and HQ Agreements with the Nations”.

It is an organization with global mandates, generally funded by the contributions from the national governments and also an organization with an international membership, scope, or presence. It is a Group having members from more than one country, government or non-governmental, profit or non-profit.

Considering the above noted facts, the United Nations Collaboration for Economic and Social Development of Africa - UNCESDA is an International Autonomous Sovereign Body duly approved by the United Nations General Assembly. It is an International Socio-economic Development Organization aimed at the development through education.

The UNCESDA has envisaged a master plan paradigm based on the meetings held in March and June 2014 under the Chairmanship of Dr. Arvind Kumar Sharma, the Executive President and Chairman of Board of Governors.

Phase 1:

In its early days of operation, UNCESDA gained authoritative standing:

As an intergovernmental forum for North-South dialogue and negotiations on issues of interest to developing and under privileged countries, including debates on the "Skill development and human resources capital". for its analytical research and policy advice on development issues.

Economic interdependence in the world increased greatly.

In the light of these developments, UNCESDA multiplied efforts aimed at:

Strengthening the analytical content of its intergovernmental debate, particularly regarding skill development and education management and international financial and monetary issues.

broadening the scope of its activities to assist developing countries in their efforts to integrate into the world trading system.

Phase 2:

Key developments in the international context:

UNCESDA highlighted the need for a differentiated approach to the problems of developing countries. It has adopted a political declaration – "The Spirit of Internalization" – as a strategy to address the development agenda in a globalizing world.

In recent years, UNCESDA has:

Further focused its analytical research on the linkages between trade, investment, and technology and enterprise development.

Put forward a "positive agenda" for developing countries in international trade negotiations, designed to assist developing countries in better understanding the complexity of the multilateral trade negotiations and in formulating their positions.

Expanded work on international issues, Skill development, and education in innovative and emerging areas following the partnership with international universities and organizations incluiding UN specilaized institutions.

Expanded and diversified its technical assistance, which today covers a wide range of areas, including training trade negotiators and addressing trade-related issues; debt management, investment policy reviews and the promotion of entrepreneurship; commodities; competition law and policy; and trade and environment.

UNCESDA, which is governed by its member States by signing head quarter agreements with country’s Head, is responsible for dealing with development issues, particularly educational development and economic cooperation – the main driver of development.

Its work can be summed up in three words: think, debate, and deliver.

THE UNCESDA’S MONITORING AUTHORITY:

The UNCESDA acts under the aegis and mandate of the United Nations General Assembly’s Resolution No. 179 (II) of November 21, 1947 and Vienna’s Convention of April 18, 1961 on diplomatic and consular relations and her international competent courts, especially the International Justice Court of Hague which provides the international institutions connected with United Nations, with the instruments of their functioning.

THE UNCESDA’S INSTITUTIONAL COMPETENCIES:

The UNCESDA exercises direct authority and institutional competence pursuant to International Treaties and Conventions which are above national laws of the states and does not receive any instruction from outside. The ministers, parliament members, public authorities, private or public enterprises managers cannot oppose her action.

STAFFS:

UNCESDA freely recruits (hires) her staff, collaborators and agents based on the competencies, integrity and the national origin of the applicant, the percentage of the natives of a country is not governed by a special rule in the framework of the UNCESDA. The status of the Official can be either statutory or contractual, the Official is to exclusively devote to the duties of his responsibility and abide by diverse principles, viz., integrity, loyalty, respect, interestedness, independence of action towards the members, obedience to the hierarchical authority and professional confidentiality. In addition, he should be endowed with an international spirit and bound by tact, reserve and a strict political neutrality duty during his/her service.

UNCESDA’S CIVIL SERVICES MATTERS IN - HOUSE COURT:

UNCESDA has her own Civil Services Matters Internal Court (CSMIC) (Cf. the UNCESDA’s Department of the Civil Services Matters In-House Court) which covers all her international officials and agents, the exercise of the basic civil liberties (opinions, speeches, freedom of association, scientific liberties etc.), as well as administrative and jurisdictional guarantees which protect their status and jobs, the principle of allegiance would not hinder their right covered by the CSMIC.

HER FINANCIAL AUTONOMY:

The UNCESDA’s Budget derives from the contribution of her members and her financial partners (government, state government, municipalities, private donors, co-operation funds, investments banks etc.) UNCESDA has a full and distinct financial personality and does not receive any subsidy or capital grants from the States.

HER INTERNATIONAL UTILITY:

The UNCESDA’s Effective International Utility comes under signing of Headquarter Agreements to be executed with several countries, which opens a direct interest to all the countries in order for them to access the possibility to enjoy her investment for the development of their countries.

THE UNCESDA’S OFFICIAL INTRODUCTION BY THE STATES AND COMMUNITIES:

The UNCESDA’s International Rights: “Any Treaty in force between parties must be executed in good faith by them”.

The object of these Agreements being concise and the ones concerning the entire International Community, they therefore, constitute a commitment with legal impacts which produce their universally recognized full appropriate powers. Of the foregoing, the UNCESDA enjoys a dominating position internationally, the signing of a Headquarter Agreement with a State, creating therefore some rights internationally, the UNCESDA acquires some Diplomatic and Consular Relations rights which are recognized to her by several countries, and from that point on, she has a full right to exercise the United Nations Charter and all their related International Treaties and Conventions and additional Memorandums of Understandings signed in 1977 in Geneva, Switzerland to which all the United Nations Member States are Parties. Her rights are essential and cannot be cut down, “Any Signed Pact is Sovereign”. The Heads of States, Heads of Government and the Ministers of Foreign Affairs of the Countries having signed Headquarters Agreements in which UNCESDA is a full Party, are reputed to represent the State solely due to the exercise of their functions, including the accomplishment on behalf of the said State, of unilateral actions having an International Commitment Value, which constitutes a Well-Established International Law Regulation. This capacitation is recognized to every Head of State, Head of Government and Minister of Foreign Affairs. No phase of uncertainty can be presented as an excuse to cut the UNCESDA’s rights down.

UNCESDA is not an NGO (Non-governmental Organization):

You can recognize the Non-governmental Organizations (NGOs) by their objects, they do not carry out a lucrative goal and are entrusted to denounce the swerving (shortcomings) the United Nations and political leaders, the most known examples are as follows: Amnesty International, Transparency International, Greenpeace, The Red Cross Organizations providing medical aid to victims of war and disasters etc.

The UNCESDA’s Official Introduction by the States and Communities:

These NGOs act as the Civil Society Regulators, on the other hand, the UNCESDA exports some capitals abroad, she invests and places her money against interests payment to ensure the financing of the projects, this practice is quite opposite to the pursued goals by the NGOs. The original consideration according to which, should only be considered as a NGO, any agency incepted on an individual’s or private persons’ initiative has been ousted by the fact that all the World States also originate in the individual persons’ initiatives, and are not for that, considered as NGOs. According to the International Law’s definition, the NGOs are distinguished by their objects, should they pursue a non lucrative goal, and then, they should be considered as NGOs. The UNCESDA not being listed among these ones, because exporting her expertise and know-how overseas, trading, selling and buying properties out for profits’ sake, she cannot be counted among the NGOs, but rather the Economic Cooperation Agencies (ECA) like the World Bank which places some funds and makes profits that are reinvested afresh in new projects, the UNCESDA has the same calling. Her Collaboration with the International Arena, and therefore, cannot be abusively fired under the pressure of the States or the UNCESDA, this role being assigned to the Internal Justice Authorities who ensure in full independence this guarantee.

The UNCESDA carries out data exchange with all the other Institutions, namely the States, Police and Justice, etc....Her Connection Links with the States and the relations of the UNCESDA with the Sovereign States are governed by a Headquarter Agreement.

Conclusion:

The UNCESDA is part of the United Nations charter, the inception of the International Organizations (IO) assumes the procedure provided by the Vienna Convention of 1969 or the one of April 24th, 1986 précising that “The International Treaties can be executed during the inception of the International Organizations (Agencies) by the States, or adopted within an Already-Existing Organization”. The UNCESDA was an Already-Existing Entity which concluded the International Treaties (Headquarter Agreements) with some Sovereign States, Member States of the United Nations. This formal condition having been met by the UNCESDA to be part of the United Nations, there is no choice but to accept that there are formal links between the UNCESDA and the United Nations and its agencies.


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