AGREEMENT
BETWEEN
THE INTERNATIONAL COMMISSION ON
MISSING PERSONS
AND
THE
In view of the importance of resolving the
destiny of missing persons and of providing answers to their families for the
Republic of Macedonia;
Recalling that in July 2002 the President of
the Republic of Macedonia invited the International Commission on Missing
Persons (ICMP) to contribute to the process of determining the fate and
whereabouts of persons gone missing in the context of the 2001
crisis;
Recognizing that the mission of ICMP
incorporates the provision of legal and forensic technical assistance and
technical expertise in assisting States in clarifying the fate of persons
missing as a result of conflict or crisis on the territory of the former
Yugoslavia;
Acknowledging that ICMP incorporates
state-of-the-art technology to assist in identifications of missing persons and
noting that ICMP exercises its
mandate without distinction to ethnic, religious or national origin, guided by
the desire to help those persons with missing relatives find answers and
determined to seek a full and timely resolution to the missing persons
issues;
Recognizing the role of the Government in
determining the fate and whereabouts of the missing, thus ensuring that the
State meets its obligation to provide answers to their
families;
In order to establish cooperation between
the International Commission on Missing Persons and the competent Macedonian
authorities, and to facilitate its activities in the Republic of
Macedonia;
The
International Commission on Missing Persons and the Government of the
1.
To establish the International
Commission on Missing Persons Representative Office in
2.
The Office of the International
Commission on Missing Persons in the
3.
The concrete projects and
activities of the International Commission on Missing Persons in the
4.
To accelerate and facilitate the
process of issuing visas and resident permits to the international staff, as
provided for by national legislation, employed in the International Commission
on Missing Persons Representative office in
5.
The Chairman and Board Members of
the International Commission on Missing Person, the Chief of Staff of the
International Commission on Missing Persons, the Deputy Chief of Staff, and
other international staff members employed in the Representative Office in
6.
The national staff of ICMP
Representative Office in
7.
The provisions of the labor
legislation of the
8.
Privileges and immunities outlined
in the Agreement are granted in the interest of ICMP, and not for personal
benefit of the individuals themselves. The Chief of Staff of ICMP shall have the
right of duty to waive the immunity of any staff member in case where, in his
opinion, the immunity would impede the course of justice and can be waived
without prejudice to the interests of ICMP.
9.
The ICMP shall cooperate at all
times with the appropriate government authorities to facilitate the proper
administration of justice, secure the observance of legal regulations and
prevent the occurrence of any abuse in connection with the privileges,
immunities, and facilities mentioned in this agreement.
10.
Free flow of funds and duty free
import of material and equipment required for the activities of the
International Commission on Missing Persons in the territory of the
11.
This Agreement shall enter in
force on the date of its signature and shall remain valid for the duration of
the activities of the International Commission on Missing Persons in the
12.
The parties agree to settle any
disputes amicably. Failing amicable resolution, all disputes shall be solved by
arbitration. In the even of dispute resolution by arbitration, each side shall
appoint an arbitrator who shall jointly appoint a third
arbitrator.
Signed at
for the International Commission
for the Ministry of Foreign Affairs
on Missing Persons
of the
Kathryne Bomberger
Igor Dzundev
Deputy
Chief of Staff
State Secretary