Draft constitution of the African Centre for research and training in social development

3S388B

Distr.

LIMITED

E/CN.14/AMSA/II/WP.3

29 June 1976

Ortq1nal: mim

IITED NATIONS

fCONOMIC AND SOCIAL COUNCIL

I SECOND CONFERENCE OF AFRICAN MINISTERS RESPONSIBLE FOR SOCIAL AFFAIRS

f r^r

r

pexundria, Egypt 10-14 January 1977

DRAR CONSTITUTION OF THE AFRICAN CENTRE FOR RESEARCH AND TRAINING

IN SOCIAL DEVELOPMENT

Prepared by the Economic Commission for Africa

''.: . ' ;■ "DRAFT CONSTITUTION ^F THE

AFRICAN CENTRE FOR RESEARCH MD TRAINING IN SOCIAL DEVELOPMENT

THE CONTRACTING GOVERNMENTS TO THIS CONSTITUTION . . ■

Recognizing the desirability of promoting national aims and aspirations in the field of social development through the mobilization of social ancfc other resources for the economic and social development of their respective countries^

Bearing in mind the need for the joint formulation of principles and a common strategy for social development programmes, at the national level for the promotion of the training of manpower for social welfare activities*

Aware .of the necessity for the region of advanced training, comparative studies and research, and assistance in the production of indigenous training materials;

Realizing, that the establishment of an African Centre for Research and Training in Social Development would serve these purposes!

AGREE AS FOLLOWSi

ARTICLE I Establishment

There is hereby established a centre to be tsnown as the African

Centre for Research and Training in Social Development (hereinafter referred to as the "Centre"), which shall operate and be governed in

accordance with the provisions of this Constitution.

Objectives of the Centre

1* It shall be the objective of the Centre to assist its members to make full use of their fc^uman resources in the fields of welfare and

social development through research, training courses and seminars^

2. For the purposes set out in paragraph 1 of this Article, the Centre shall:

(i) within the context of the requirements of its members, assist

them in the training of high-level social development personnel;

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(ii) provide the means for its members for the consideration of

matters relating social welfare and development through

seminarsj short-term training-, applied research programmes and the development of teaching and research materials?

(iii) carry out research into, and promote integrated rural

development and regional planning!

(iv) develop and promote a strategy of social development for

its members^

;-(v) assist universities aud social work: institutions within the

territories of Lits members in the establishment of appropriate advanced training courses in social developments

(vi) carry out researchj in particular applied research, .,'vith.

respect to the objectives of the Centre?

(vii) initiate and maintain relations with other centres, institutions

- ' ' and o-rgiaai-zatioris having objectives or engaged in activi-tresj'

similar to-those of the Centre, within and outside -the 'African.

i and .:■■". . ■ : -...■■■ ■

(viii) engage in such other activities calculated to further~\the'

objectives of the Centre. ■ : ■ . .

ARTICLE III Organs of the Centre

The Centre shall have the following organss

(a) the. Governing Councils

(b) the Technical Advisory Committee*

(c) the Secretariatj and

(d) such other organs as may be established by the Governing Council,

IV Membership

Membership of the Centre shall be open to all member states of the United Nations Economic Commission for Africa.

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ARTICLE V

The Governing Council - composition, functions and meetings

1. The Governing Council which shall be the chief executive organ of

the Centre, shall consist ofs

'■(a)' the Executive'Secretary ^f the .United nations Economic Commission

■ ■ for Africa or his representative who shall "be its Chairman^ and

(b) one representative designated by each of the members of the

Centre.

2. A member of the Centre, in designating its representative referred to in sub-paragraph (b) of paragraph 1 of this Article shall have regard to the desirability cf designating a person with the requisite experience or qualifications necessary for the purposes of the Centre.

3. The Governing Council shall;:

(a) determine the general principles and policies governing the

activities of the Centre^

(b) review and approve the programme of activities/ budget and

accounts of the Centre,

(q) elect two of the members of the Centre to be represented by

. their representatives -on the Governing Council as Vice-Chairmen of the Governing Council for a term of two years and who may be eligible for re-election f^r a further term <;f two'years! '

Provided -that no member of ■ the Centre sh:all beeligibie for re-election; t" the office of a Vice-Chairman of the Governi'ng---eoun-cil-for more than two consecutive termsj (d) determine the annual aau ^ther contributions to be paid by

the members of the Centre,

(e) appoint a person of proven appropriate ability, experience

and qualifications to be the Executive. Director of Centres Lxcept that the first Jibcecutive Director f the Centre shall be appointed ~by the Economic Commission for Africa. .

(f) approve rules and directives generally with respect to the

activities of the Centre and without prejudice to the generality of the foregoing, with respect to financial and-administrative matters and relations with Co-operating States and Organizations}

(g) elect the members "of, and designate Co-operating States and

organizations with which the Centre co-operates to serve on,

the Technical Advisory Committee*

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(h) consult the Technical Advisory Committee on matters within

its competence*

(i) ■ establish such other organs cf 'the" "Centre' as it may deem

necessary for the purpose of achieving the objectives of the Centre and prescribe for such organs rules for the conduct of their- business^ and

(j) exercise such powers and perform such duties as are conferred

or imposed upon it" elsewhere by this' Constitution &nji perform such other funoticns calculated to further the objectives of the Centre.

4. 'The Governing Council may delegate any of its powers and functions provided for in paragraph 3 of this Article to its Chairman? ^r to an officer ^i- another or6dn of the Centre".

5. The Governing -Council shall neet at least once a year as directed by its Chairman. The Governing Council may hold extraordinary meetings at the request ^f its Chairman or of tv:o-thirds of its members.

6. 'The Executive Director ~f the Centre shalls and Co-operating States

and Organizations with which the Centre co-operates may be invited to attend meetings nf the Governing Council and participate thereat without

the right to vote. ... . ■

7. The Governin6 Council shall, subject to this Constitution, adopt its own rules of procedure for th.e conduct of its meetings including

rules relating to the time, place and notice .of meetings3 quorum and voting.

8. At the end of each, of its meetings the Governing Council shall adopt

a report which shall be circulated to all its members and as appropriate to Co-operating States and organizations with which the Centre co-operates.

ARTICLE VI . ...

Technical Advisory Committees - composition, functions and meetings

1. The Technioal Advisory Committee shall consist cfV "J

(a) the - Executive Secretary nf the United Nations Economic Commission

for Africa or his representative who shall be chairman of the

Technical Advisory Committee^ • ■"-. v

■ (b) the Vice-Chairmen of the Governing Council^

(c) the Executive Director of the Centre,

(d) four individuals "who are nationals of the members cf the Centre of high renown, qualifications and experience in the field of the objectives cf the Centres

"'("e) "the President of the Association for Social Work Education in Africa (ASWEA), and "" ;

(f) suoh Co-operating States and organizations as may be designated by the Governing Council.

2. The Technical Advisory Committee shalls

(a) assist the Executive Director of the Centre in the prepara

tion of the programme of activities and- budget of the Centre for submission to the Governing Council $

(b) advise the Governing Council and the Executive Director of

the Centre on technical matters*

(c) annually examine the work performed by the Centre and present

a report thereon to the Governing Council^

(d) perform such functions as may be delegated to it ^oy the

Governing Council.

3. The Technical Advisory Committee shall meet as often as may be necessary for the efficient discharge cf its functions but at least ' once a year preceeding the annual meeting of the Governing Council.

ARTICLE VII

Executive Director of the Centre and the Secretariat

1. The Executive Director of the Centre shall be . the head of the Secretariat "f the Centre. He shall, subject to the directions of

the Governing Council s ....'. .

(a) administer;, control and co-orainate the .financial, technical

and other activities of the Centre;

(b) submit for the approval of the Governing Council the programme

of activities and budget of the Centre;

(c) submit for the approval of the Governing Council the accounts

of the Centre^,

(d) propose for the approval of the Governing Council the annual

and other special contributions to be paid by the members of the Centre?

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(e) collect and receive contributions from members of the Centre

"and from other sources and administer the property and assets of the Centre^

(f) cause proper accounts of the Centre to be kept and ensure

their timely auditing ana presentation to the Governing Council

(g) represent the Centre in its relations with States, individuals, corporations and other bodies or entities as may be necessary for the purpose of executing the approved programme of

activities, and within the limits of the budget, of the Centre^

(h) and subject to such rules that may be made by the Governing Council5 appoint, control ana terminate the appointment of the staff of the Secretariat of the Centre, and

(i) exercise such powers and perform such duties as are conferred or imposed upon him elsewhere by this Constitution and perform such other functions as may be delegated to him by the,

Governing Council.

2. The Executive Director of the Centre cr any person acting for the

time being as such shall,as appropriate, act on "behalf ^f the 'Centre for the purposes enumerated in Article IX of this Constitution.' 3. The Secretariat of the Centre shall;

(a) implement the decisions of the Governing Council and the

■/programme <-f activities nf the Centre, , ■"■'...

(b) keep abreast of developments in all matters relating to the

- .; objectives of the Centre^ .:..■■

(c) prepare for the approval of the Governing Council, .draft rules governing the financial, administrative and other activities of the> Centre* ' ' . '

(d) provide secretarial services to the Governing Council, the .-■!■: Technical Advisory. Committee and other-.organs of:.the Centre

and convene their- me-etingsj and- — v.-i:-'-.- "-'■'

(e) perform such other functions as may be delegated -to it by the Governing Council or calculated to further the objectives of the Centre.

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'.- ARTICLE VIII

Status of the Centre

1. To "enable it to fulfill its purposes and the functions "with ivhich'it is entrusted, the Centre shall possess in the territory of each member of the Centre juridical personality independent of such':

members and shall not be considered as forming part of any Government or of the United Nations. To these ends, the status, privileges, immunities and exemptions set forth in paragraphs 2 to 12 of this Article shall be accorded to the Centre in the territory of each member of the Centre.

2, The Centre shall have the capacity?

(a) to enter into contracts^

(b) to acquire ana dispose of immovable or movable property* and (c) to sue and be sued.

3. The Centre, its property and assets shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunitys

Provided however that no waiver of immunity shall extend to any measure of execution.

4, The premises of the Centre shall be inviolable. The property and assets of the Centre shall be immune, from search, .requisition, confisca tion, expropriation, and any other form of interference whether by executive, administrative,■judicial or legislative action,

5. The archives of the Centre, and in general all documents belonging to it or held by it, shall be inviolable.

6, (a): Except as otherwise provided in this paragraph, the Centre,

its assets, income and ^ther property shall be exempt from u.11 forms of direct taxes? . . .

Provided however that such tax exemption shall not extend to -the owner or lessor of any property .

■ . rented by the Centre.

(b) Articles imported by the Centre for official purposes shall be exempt from customs duties and other levies and from prohibitions and restrictions on imports and exports, it being understood that customs duty may be payable at the appropriate rate on all or any of the articles imported in accordance with this sub-paragraph, if such articles are sold or* disposed of locally, unless they are sold to persons or bodies entitled, to purchase such goods without the payment of duty.

(c) The Centre shall in respect of any transaction to which it is a party, be exemp.fc.from taxes, recording fees and documentary taxes.

7. The members of the Governing Council of the Centre who are not otherwise officials of the United Nations or of the specialized agencies r.f the United Nations attending meetings of or convened by the Centre shall, tahile exercising their functions and during their- journey to and from the"territories cf the members cf the Centre, enjoy the following privileges and immunities^

(a) immunity from personal arrest or detention and from seizure '■.

of their personal and official baggage; ''

(b) immunity from legal process of any Kind and in respect of words spoken or written and of acts performed by them in their official capacity such immunity to continue notwith standing that the persons concerned .-may have ceased to be representatives of the members, of the .Centre, . ■

(c) inviolability of all papers and documents,

(d) the right to use codes and to receive papers or correspondence by courier cr in sealed bags 5 ... ... ■- ...

(e) exemption in respect of themselves and.their spouses from immigration restrictions* alien registration or national service obligations*

(f) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions* •

.- {g) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys^

(h) in this Article, the expression "member of the Governing .<-■ .- Council" shall be deemed to include all. representatives,

aeputy representatives^ advisers, technical experts? and secretaries of delegations.

8. Staff-members cf the: Centre who are not otherwise officials of the

United Nations or of the specialized agencies of the .United Nations shall

r^(a) be immune from ie^al process in respect of words spoken or

■written and all acts performed by them in their official

capacity, ■ ■ ■- .--.. .... .. ■■■-■: ' ..

(b).- be exempt from taxation on salaries ^nd emoluments paid to them by the Centre? ■ : ■•_,-; -..>.—:.;■?;■;..

■ ;~ * -

(c) be immune from-national.service obligations;

(d) be immune together with their spouses and dependent

children from immigration and alien registration*

(e)_;. be^accorj&ed.. the same privileges in respect of

facilities as are. accorcted to officials of comparable

ranks forming part of diplomatic missions in the territories of tne members of the Centre,

: ' (f) "be given, -together with their spouses an^. dependen-t children

and relatives, the sam. repatriation.facilities'in time^of ■ international crisis as diplomatic envoys|

(g) have the ri^ht to import for personal use, free of duty and

other levies, prohibitions and restrictions on imports, within the first twelve months cf arrivals

(i) their furniture, household and personal effects^

(ii.) one motor, vehicle purchased before customs clearance

or from bonded warehouse.

9- Without prejudice to the foregoing provisions, the members of the Centre undertake to accord to all members of the Governing,Council, all £taff members and experts providing advice or assistance to the Centre such facilities and courtesies as are necessary fnr the exercise of their functions in connexion with the Centre.

10. The privileges and immunities set out in paragraphs 7 and 8 of

this Article are accorded not for the personal benefit of the individuals

themselves, but in order to safeguard the independent exercise of their functions in connexion with' the Centres consequently,' the Executive Director of the Centre shall have the right and duty to waive the

immunity of any.staff member of the Centre in cases where in his opinion

the immunity would impede the course "f justice and can be- solved without

prejudice to the interests of the Centre.

11. All trainees of the Centre who are not nationals of the country,

concerned, shall have the. right o* entry into, sojourn in, transit" .\ '.

through anu exit from the territory of each member of the Centre when such entry, sojourn, transit or exit is necessary for their training.

These rights s.hall be granted promptly and fres of charge.

12. The Centre shall co-operate at all times with the appropriate authorities cf the members of the Centre to facilitate the proper administration of justice, secure observance of police regulations and prevent the occurrence of any abuse in connexion with the privileges, immunities and facilities mentioned in this Article.

13. The Centre shall as scon as practicable enter into an agreement with the government' of the country where its headquarters is situated

concerning the provision of premises, facilities, services, privileges

and immunities for the purposes and efficient operation of the Centre.

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ARTICLE IX

Officials rf the United Nations and Specialized Agencies of the United Nations

Officials of the United Nations or specialized agencies of the United Nations performing functions in connexion with the Centre shall respective^.,/ enjoy appropriate privileges and immunities provided under the Lcnvention on the Privileges and immunities of the United Nations and the Convention on the Privileges and Immunities of the

Specialized Agencies.

ARTICLE 'X

Relationship with the Economic Commission for Africa

■ The Centre shall maintain-close working relationship" with the Secretariat of thie1-United Nations Economic Commission for Africa which in turn shall, within the limits of its resources assist the Centre and its members in the achievement of the objectives of the Centre.

ARTICLE XI • "

Relationship with Co-operating States and Organizations

1, The Centre shall-seek and maintain active co-operation with ■■■■

governments of states not members of the Centre, inter-governmental organizations and non-governmental organizations or institutions

(hereinafter collectively referred to as "Co-operating States and Organizations"), which are desirous of assisting the Centre or its members in achieving the objective of the Centre.

2. The Centre may enter into arrangements with Co-operating States and Organizations -on^ co-operation in general or relating to particular activities or projects.

ARTICLE XII Financial Resources

1. The annual contributions to be paid by the members of .the Centre

shall be determined on the basis of a scale of contributions which shall be adopted by the Governing Council, concurrently with- the budget of'the Centre. A majority of two-thirds of the members of the Governing

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Council shall "be required for the adoption cf the scale of contributions and of the budget.

2. Members of the Centre may be required to make special contributions in kind or cash, in respect of programmes or projects carried out in

their territories. The nature and extent of such contributions shall be determined by the Governing Council and provided for in agreements

entered into by the parties concerned. . ' . ■

3. The timing,, mode of payment jjid currency of contributions in cash shall, be determined by the Governing Council or by the Executive Director

of the Centre on the- authority of the Governing Council, and in-

accordance with such rules that may be made by the Governing Council. ■

4. The Executive Director of the Centre shall submit to the Governing Council at each annual, meeting a report on contributions due under

paragraphs 1 and 2 of tiLis- Article. A member of the Centre which is

in arrears in the payment, of." its contributions to. the Centre shall have

no.vote in the Governing Ccuncil if the amount of its arrears equals or

.exceeds the amount icf:contributions due from it for the preceding

two financial years.

5. .IThe.'.Centre shall have-the powers-to:,accept- gifts, legacies, grants*

loans,and other contribunions-■in-.klndvibaf.idn'a.-cash from governments, inter-goyernmental organizations, nom*-intexgovernmental or national •

organizations or institutions,' ancUfrom other sources provided1 that

such .gifts, .legacies, -grange, ;.ldana ©r ^ther contributions are intended for the furtherance of the objectives of the Centre. The Governing Council shall determine, by means.of rules or otherwise, the conditions under which the Executive Director of the Centre may accept gifts,

legacies, grants, loans and mother contributions and enter into appropriate agreements with donors without requiring the authority

of the Governing Council.

6. The Executive Director of the Centre shall inform the Governing Council at each annual meeting and, as appropriate, also the Technical Advisory Committee, of any contributions received and agreements

concluded in pursuance of the ""provisions of paragraph 5 of this Article.

7- Subject to the directions of the Governing Council, the Executive

Director of the Centre shall,be responsible for the collection, receipt

and acknowledgement of contributions--due under paragraphs 1,2 or 5 of

this Article and for keeping them in appropriate accounts, for use for

the purposes laid down in the approved programme of activities and

budget of the Centre or in the relevant agreements or similar documents

relating to contributions, gifts, legacies, grants or loans referred

to in paragraphs 2 and 5 of this Article as the case may be. ■ : . :

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ARTICLE XIII

Expenses

1. The Centre may incur expenses for its administrative and opera tional purposes in accordance with an approved programme of activities and within the limits of a budget., of the Centre. In addition,

expenditure may be met from ^ifts, legacies, grants, loans and other contributions received by. the Centre pursuant to agreements concluded in accordance with the provisions of paragraph 5 °f Article JIIII of this Constitution.

2. Expenses incurred by representatives of members of the Centre or Co-operating States and Organizations and by their alternates and advisers, as well as expenses, incurred by observers, for the purpose of. attending meetings of the Governing Council, the' Technical Advisory Committee or other organs of the Centre, shall be borne by the respective governments or organizations.

3. Where the Centre disburses funds in the form of grants or loans for the purpose of supporting activities or projects carried out by governments or institutions of members of the Centre, it shall make appropriate arrangements for the submission to it by the recipient of the funas of adequate reports and financial statements showing- the use to which the funds have been put, and shall enter into related agreements for the repayment of any loans granted.

4. The Executive Director of the Centre shall be responsible for authorizing, recording, and accounting for all disbursements made by or on behalf of the Centre.

ARTICLE XIV

Withdrawal and suspension.of.membership

1. Any member of the Centre may withdraw from the Centre at any time ■ after the expiration of one year from the date on which it became a ' member of the Centre by giving written notice of its withdrawal to the Executive Secretary ..of the United Nations Economic Commission for Africa who shall forthwith inform all members of the Centre of the receipt of such notice of withdrawal. .:, -

2. Withdrawal shall become effective one year from the date of receipt by the Executive Secretary of the United Nations Economic Commission for Africa of the notice of withdrawals

Provided that any member of the Centre withdrawing from the Centre shall nevertheless remain liable for the fulfillment of its financial obligations to the Centre including the payment o£^ass.essed contributions in respect of the entire year in which the notice of with drawal takes effect.

3. (a)-: The Governing Council may by a two-thirds majority .of

the votes of its members suspend a member of the Centre who has, in spite of written reminders, failed'to meet its ' . financial obligations towards the Centre for three consecutive

■ years, fails..to. fulfill any other obligations under this Constitution or fails to cc.r.iply with the decisions of the

■ , , . Governing Council to revoke the suspension imposed on a member,

of the Centre.

(b) The suspension of a member of the Centre shall not relieve

that member from the fulfillment of its financial obligations incurred prior to its suspension unless otherwise decided by

the Governing Council.

(c) The suspension or the revocation of. a suspension, with' respect to a member of the Centre shall be communicated by the Executive Secretary of the. United Nations Economic Commission for Africa

to all other members, of the Centre.

ARTICLE XV

Amendment nf the Constitution

i +J Constitution mav °e amended by a two-thirds vote of the members

of the Centre at a meeting of the Governing- Council. ' ■ - 2. No amendment to this Constitution shall be considered by the : Governing Council unless it shall L.ve been notified to all the members of the Governing Council three months prior to such consideration.

ARTICLE XVI Dissolution

The Centre may be dissolved by agreement of all the members of- the Centre and upon such agreement, the Governing Council shall appoint"a

Committee for the liquidation of the Centre.

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ARTICLE XVII Settlement of disputes

1. Any dispute that may arise concerning the interpretation or

application of any of the provisions of .this Constitution which cannot - be settled--by the-members of. the Centre concerned, shall be submitted

to the Governing Council.

2. If the:to*erning Council cannot reach a decision on the dispute or if the decision of the Governing Council is not accepted by the

members of the Centre concerned, either party to the dispute may request that the matter be submitted to arbitration by an Arbitral Tribunal composed of three members who shall be nominated as followss

(a) each parity..shall nominate one arbitrators

(b) the third arbitrator, who shall be-, the Chairman of the

Arbitral Tribunal, shall be chosen by agreement between

the arbitrators nominated by the parties.

3. If the 'nomination of the members: of the Arbitral Tribunal is not made within a period of three months from the date of the- request for arbitration, either of the parties to the dispute may request the

Executive Secretary of the United Nations Economic Commission for Africa to make the necessary nominations except that in cases where the Centre is a party to a dispute the nominations shall be made by the Administra tive Secretary General of the Organization of African Unity.

4. The decision of the Arbitral"Tribunal shall be binding on the

parties to the dispute.

5. ■' The provisions of paragraphs 2 and 3 of this Article shall be without prejudice to the choice nf any other mode of settlement that

the parties concerned may .jointly decide upon in keeping with the spirit

of this Constitution. . . . .

ARTICLE XVIII

Final and transitional provisions

1 This Constitution of which the English and French texts are equally authentic shall:be deposited with the .Executive Secretary of the United

Nations Economic-Commission for Africa. : ^ ;

2. This Constitution shall be applied provisionally when signed on

behalf of at least nine of the member States of the United Nations

Economic Commission for Africa and shall be open for signature at the

office of the Executive Secretary of the United Nations Economic Commission for Africa from the . day of ... 0O0 ...

19 .. .

3. This Constitution shall enter into force months from the date of its provisional application if ratified, accepted or

approved on behalf of at least nine of the member States of the United Nations Economic Commission for Africa.

4. Instruments of ratification^ acceptance or approval shall be deposited with the Executive Secretary of the United Nations Economic

Commission for Africa.

5. A member State of the United Nations Economic Commission for

Africa desirous of becoming a member of the Centre after the entry into

force of this Constitution may do so by depositing *ith the Executive

Secretary of the Economic Commission for Africa its instrument of accession to this Constitution.

6. The Executive Secretary of the United Nations Economic Commission

for Africa shall transmit certified copies of this Constitution and information concerning ratification, acceptance, approval or accession to this Constitution to all member States of the United nations Economic Commission for Africa and Co-operating States and Organizations with which the Centre co-operates.

7. Upon the entry into force of this Constitution and until the

appointment of the Executive Director of the Centre and the establishment of the Secretariat, the functions of the Secretariat of the Centre shall be performed by the United Nations Economic Commission for Africa and a senior officer of the Social Development Division of the United Nations Economic Commission for Africa shall be designated to act as the

Executive Director of the Centre.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective governments have signed this Constitution on the dates

appearing under their signatures.