Singapore legislation

Section 3

of United Nations Personnel Act 2011

Section 3

UN workers

(1)

In this Act, “UN worker” means a person who is —

(a)

engaged or deployed by the Secretary‑General of the United Nations as a member of the military, police or civilian component of a UN operation;

(b)

in the person’s capacity as an official or expert on mission of the United Nations, a specialised agency of the United Nations or the International Atomic Energy Agency, present in an area where a UN operation is being conducted;

(c)

assigned, with the agreement of an organ of the United Nations, by the government of any State or by an intergovernmental organisation to carry out activities in support of the fulfilment of the mandate of a UN operation;

(d)

engaged by the Secretary‑General of the United Nations, a specialised agency or the International Atomic Energy Agency to carry out such activities; or

(e)

deployed by a humanitarian non-governmental organisation or agency under an agreement with the Secretary‑General of the United Nations, with a specialised agency or with the International Atomic Energy Agency to carry out such activities.

(2)

In this section, “UN operation” means an operation —

(a)

which is established, in accordance with the Charter of the United Nations, by an organ of the United Nations;

(b)

which is conducted under the authority and control of the United Nations; and

(c)

which —

(i)

has as its purpose the maintenance or restoration of international peace and security; or

(ii)

has, for the purposes of the Convention, been declared by the Security Council or the General Assembly of the United Nations to be an operation where there exists an exceptional risk to the safety of the participating personnel.

(3)

In this section, “UN operation” also includes an operation —

(a)

which is established, in accordance with the Charter of the United Nations, by an organ of the United Nations;

(b)

which is conducted under the authority and control of the United Nations; and

(c)

which is for the purpose of —

(i)

delivering humanitarian, political or development assistance in peacebuilding; or

(ii)

delivering emergency humanitarian assistance.

(4)

In this section, “UN operation” does not include any operation —

(a)

which is authorised by the Security Council of the United Nations as an enforcement action under Chapter VII of the Charter of the United Nations;

(b)

in which UN workers are engaged as combatants against organised armed forces; and

(c)

to which the law of international armed conflict applies.

(5)

If in any proceedings, a question arises as to whether —

(a)

a person is, or was at any time or in respect of any period, a UN worker; or

(b)

an operation is or was a UN operation,a written certificate issued under the hand of the Minister charged with the responsibility for foreign affairs and stating any fact relevant to the question is admissible as evidence of that fact until the contrary is proved.