Transfer of functions of the International Penal and Penitentiary Commission

V. RESOLUTIONS ADOPTED ON THE REPORT OF THE JOINT SECOND AND THIRD COMMITTEE AND THE FIFTH COMMITTEE, MEETING JOINTLY
415. Transfer of functions of the International Penal and Penitentiary Commission

The General Assembly, Noting resolutions 262 B (IX) and 333 H (XI) of the Economic and Social Council and the resolution [1] adopted by the International Penal and Penitentiary Commission on 12 August 1950,

1. Approves the plan contained in the report prepared by the Secretary-General, in consultation with the International Penal and Penitentiary Commission, concerning the transfer of the functions of the Commission to the United Nations and which is annexed to the present resolution;

2. Notes the decision of the Commission with respect to its residual assets;

3. Expresses its appreciation to the Commission for donating its library and its archives to the United Nations on the conditions specified in the above-mentioned plan;

4. Notes that these arrangements do not involve the assumption by the United Nations of responsibility for any liabilities of the Commission;

5. Authorizes the Secretary-General of the United Nations, in consultation with the Secretary-General of the International Penal and Penitentiary Commission, to make arrangements for the transfer of the functions of the Commission and of its library and archives to the United Nations on a mutually satisfactory date prior to 31 December 1951;

6. Pays tribute to the accomplishments of the Commission, during the long period of its existence, in the field of the prevention of crime and the treatment of offenders.

314th plenary meeting,
1 December 1950.

ANNEX Plan[2]a prepared by the Secretary-General of the United Nations in consultation with the Inter. national Penal and Penitentiary Commission:

(a) All Members of the United Nations, and all existing members of the International Penal and Penitentiary Commission (IPPC) which are not Members of the United Nations, and any other States designated by the Economic and Social Council, shall be invited by the Council to appoint one or more representatives of expert qualifications or experience, professional or scientific, in the field of the prevention of crime and the treatment of offenders. The experts so appointed shall act in the first instance as individual correspondents with the United Nations Department of Social Affairs.

(b) They shall also be called upon to meet together in appropriate groups (in the composition of which ethnical, legislative and customary affinities shall be taken into account) to consider questions of particular interest to such groups, as well as those which may be submitted by the participating governments, by the Economic and Social Council, the Social Commission or by the Secretary-General of the United Nations. The experts so appointed shall constitute "United Nations consultative groups" in the field of the prevention of crime and the treatment of offenders. The groups shall meet biennially, or more often if required. The first group set up shall be composed of the present members of the IPPC. Pending the establishment of other groups, new members may be added to the first group. As other groups are set up, any members of the first group may join such groups as is most appropriate. With respect to the composition of groups to study questions of special importance to the less-developed areas it might be practicable to utilize the procedure employed for United Nations seminars under General Assembly resolution 58 (I). Findings of fact and recommendations as to policy approved by the experts appointed under (a) or by the expert group meeting under (b) shall be transmitted to the Secretary-General of the United Nations for publication, for communication in appropriate cases to the policy-making bodies, or such other action as he considers necessary.

(c) The Secretary-General shall invite each group to submit names from among its members to assist the Secretary-General in selecting a small international Ad Hoc Advisory Committee of Experts. The purpose of such a committee would be to advise the Secretary-General and the Social Commission in devising and formulating programmes for study on an international basis and policies for international action in the field of the prevention of crime and the treatment of offenders and also to advise on the co-ordination of the work of the United Nations consultative groups. It is hoped that such a committee will be able to meet annually at the Headquarters of the United Nations.

(d) The United Nations shall convene every five years an international congress similar to those previously organized by the IPPC. Resolutions adopted at such international congresses shall be communicated to the Secretary-General and, if necessary, to the policy-making bodies.

(e) The expenses of attendance of the international Ad Hoc Advisory Committee of Experts at meetings convened at the Headquarters of the United Nations will be borne by the United Nations. The expenses of experts who participate in the biennial group meetings and in the quinquennial congresses will be borne by the respective governments. The United Nations will be financially responsible for furnishing the services required for the efficient organization of such meetings when held at the Headquarters or at the regional offices of the United Nations. When such meetings, on the invitation of a government, are held away from the Headquarters and the regional offices, the financial responsibility for the furnishing of similar services shall be otherwise met.

(f) The United Nations shall publish an international review which shall include the recommendations and the findings of the groups mentioned under (b) and the Committee mentioned under (c), as well as a legislative and administrative series on the prevention of crime and the treatment of offenders.

(g) The United Nations welcomes the transfer of the library of the IPPC to the Library of the United Nations in Geneva. Suitable measures will be taken to indicate that the volumes donated originated from the IPPC, by arranging for appropriate markers to be used, and the preservation of the library as an entity so far as practicable. The archives of the IPPC shall also be transferred to the archives of the United Nations and shall be available to delegations and to other interested parties.

(h) In view of the enlargement of the functions of the United Nations, and in order to maintain continuity in the work, the United Nations shall invite the services of two professional officers at present employed by the IPPC. One officer specialized in the field of the prevention of crime and the treatment of offenders shall be detached for duty at the United Nations Office at Geneva.

(i) While it is for the IPPC to decide as to the disposition of its residual assets, the United Nations would welcome a decision to transfer those assets to the United Nations. Such a decision would not, however, involve the assumption by the United Nations of responsibility for any liabilities of the IPPC. In the event of the transfer of the assets or proceeds realized, all such funds would become part of the general revenue of the United Nations unless the IPPC would prefer that they be added to the capital of the Library Endowment Fund. The resulting increase in the income of the Library Endowment Fund would make it possible for the United Nations Library to become one of the most complete and up-to-date libraries in the field of social defence. The setting aside of the residual assets of the IPPC in a special fund in the United Nations is not desirable from the point of view of United Nations policy and practice, nor is such a fund necessary to ensure the continuation within the United Nations of the objectives and purposes described in article I of the constitutional regulations of the IPPC.

(j) The transfer shall take place at such time as may be agreed upon between the Secretary-General of the IPPC and the Secretary-General of the United Nations and, in any case, before the end of 1951.

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[1] See document A/C.2&3/93-A/C.5/375, annex II [2]a For the draft plan, see annex I of document A/C.2&3/93-A/C.5/375.