COUNCIL OF SEABED AUTHORITY ENDORSES AGREEMENT WITH UNITED NATIONS

Press Release
SEA/1543

COUNCIL OF SEABED AUTHORITY ENDORSES AGREEMENT WITH UNITED NATIONS

Takes up Headquarters Agreement with Jamaica, Elects Four Vice-Presidents

(Received from the International Seabed Authority.)

KINGSTON, 20 March -- The Council of the International Seabed Authority, meeting at Kingston this morning, decided to recommend to the Authority's Assembly that it approve a relationship agreement between the Authority and the United Nations.

The Council also began discussing another agreement, reached in negotiations between the Government of Jamaica and the Authority, concerning the Authority's headquarters in Jamaica. Following an exchange of views, the Council agreed that informal discussions would take place early next week on some issues raised by India, Russian Federation, Tunisia and the United Kingdom.

In other action, the Council completed the roster of its officers by electing its four Vice-Presidents -- Cameroon, Germany, Indonesia and the Russian Federation, each nominated by its regional group. There will be no Vice-President from the Latin American and Caribbean Group, as the presidency of the Council is held by a member of that group, Lennox Ballah (Trinidad and Tobago).

Agreement with United Nations

The draft agreement on the relationship between the United Nations and the Authority, which the Council acted upon today, was negotiated between the two organizations, as the Council had requested last August. The text took account of an earlier draft by the Preparatory Commission for the Authority and for the International Tribunal for the Law of the Sea. The agreement in its present form was signed by the Secretaries-General of the two organizations on 14 March in New York.

Under the agreement (ISBA/3/A/L.2 - ISBA/3/C/L.2), the United Nations recognizes the Authority as an autonomous international organization through which States parties to the 1982 United Nations Convention on the Law of the Sea will organize and control activities in the seabed area beyond the limits of national jurisdiction.

The agreement seeks to coordinate the activities of the two bodies and the United Nations specialized agencies, and to avoid unnecessary duplication. Each entity is authorized to send representatives to the other's meetings when matters of interest to it are discussed.

The Authority, on request, is to provide information and assistance to the Security Council in maintaining or restoring international peace and security. Without prejudice to the need to safeguard confidentiality, the United Nations and the Authority are to exchange information including publications, reports or special studies of mutual interest, as well as geographical charts such as those defining the outer limit lines of continental shelves or exclusive economic zones. The two bodies are also expected to cooperate in the collection and analysis of statistics and the use of statistical resources and personnel, and in their technical assistance activities.

The United Nations and the Authority also agree to apply uniform standards of employment wherever possible and to maintain close budgetary and financial cooperation. Conference, documentation and language services are to be provided by the United Nations, the costs to be reimbursed by the Authority.

The relationship agreement, which is being provisionally applied since its signature by the two Secretaries-General, will enter into force once it is approved by the Assemblies of both organizations.

In today's discussion, several delegates made observations about the agreement or sought clarification on specific articles. Replying to a query from Germany, Secretary-General Satya N. Nandan explained that a clause in the earlier draft providing for the Authority's adherence to the Statute of the International Civil Service Commission had been omitted from the final document in order to allow the Authority greater flexibility and independence in personnel matters.

Among the points discussed was the article addressing the provision of conference services to the Authority by the United Nations. Secretary-General Nandan explained that that provision was worded to avoid the need for repeated applications by the Authority to the United Nations General Assembly for the provision of those services. Another aim, he said, was to clarify that the Authority would be responsible only for per diem and travel expenses of conference servicing staff from New York and not for their regular salary or pension payments.

In response to questions from India, the Secretary-General observed that while the agreement called for the exchange of statistical material between the United Nations and the Authority, neither entity would be required to provide data of a strictly confidential nature.

Headquarters Agreement with Jamaica

The 54-article agreement between Jamaica and the Authority covers the legal status of the Authority's headquarters in Jamaica, including its current rented premises in Kingston and any future permanent location in the country. It deals with the status and privileges of officials, the establishment of diplomatic missions by member States of the Authority, security and the settlement of disputes.

Opening the discussion on the agreement, Council President Ballah said the text did not differ markedly from those between other host countries and international organizations or from the original draft prepared in 1995 by the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea.

During the discussion, the representative of Tunisia called for the reinstatement of article 32 as it appeared in the original draft. That article dealt with privileges and immunities of representatives of States Parties and observer States attending meetings convened by the Authority. Secretary-General Nandan explained that the original article related primarily to representatives in transit in a third country and not to the host country. However, representatives of Cameroon, India, Malaysia, South Africa, Russian Federation and the United Kingdom supported the reinstatement of the original article.

In response to questions from representatives on the matter of protection of the headquarters premises (article 6), the Secretary-General said year-round protection was not being adequately provided.

There was extensive debate concerning article 2 of the agreement, related to the seat of the Authority. The United Kingdom, supported by the Russian Federation and Germany, raised concerns about areas and facilities which the Government of Jamaica has undertaken to grant to the Authority.

Last August the Council asked the Secretary-General of the Authority to enter into negotiations with the host country concerning the identification of property to house a permanent headquarters. The Secretary-General reported this morning that those negotiations had taken place but no favourable response had been received to date. He said the secretariat had identified property formerly occupied by the French Embassy and had approached the Jamaican Government to fund its purchase pending discussions about reimbursement, but the response had not been favourable.

In response to delegates who sought clarification of the phrase "areas and facilities" in article 2, the representative of Jamaica said the type of facilities was a matter for discussion between the Government and the Authority. He said an annex to the original draft had referred to an area of land to be identified by the Government. While that had not yet been done, his Government remained committed to providing land for the headquarters of the Authority.

Questions concerning settlement of disputes (article 48) and amendments to the agreement (article 52) were raised by India and Tunisia, respectively. They will be examined along with the other issues in an informal, closed meeting at 9 a.m. Monday, 24 March, by a panel of representatives, headed by the President of the Council and including India, Jamaica, Russian Federation, Tunisia and the United Kingdom.

No date has been set for the next meeting of the Council.

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