(a)
the Islamic Conference at the request of twelve members of the council has decided that the university should be dissolved; and
(b)
the decision has been communicated in writing to the Minister by the council or by the organisation, the Minister shall, by statutory instrument, dissolve the university from such date as may be specified by the Islamic Conference.
(2)
Where the university has been dissolved under subsection (1)-
(a)
all movable property of the university shall be transferred to the Islamic Solidarity Fund after settlement of all pending liabilities of the university;
(b)
any immovable property of the university situated in Uganda shall be transferred to the Uganda Muslim Supreme Council and such other Islamic associations and institutions in Uganda and in such proportions as may be determined by the organisation; and
(c)
any immovable property of the university situated outside Uganda shall be transferred to such Islamic organisations or institutions and in such proportions as the organisation may determine.
Agreement establishing Islamic University in Uganda
Agreement between the Government of the Republic of Uganda and the Organisation of the Islamic Conference on the establishment, status and immunity of the Islamic University in Uganda The two parties signatory to this Agreement have agreed that the Islamic University in Uganda and the staff thereof shall be subject to the provisions of this Agreement so that the aforesaid University can fulfil its objectives and perform the tasks stated in the statutes of the Islamic University in Uganda.
Article 1 In this Agreement unless otherwise understood from the context:
"University" means the Islamic University in Uganda.
"Statutes" means the statutes of the University as approved by the Islamic Conference of Foreign Ministers.
"Organisation" means the Organisation of the Islamic Conference.
"Secretary General" means the Secretary General of the Organisation of the Islamic Conference.
"General Secretariat" means the General Secretariat of the Organisation of the Islamic Conference.
"University Council" means the Council of the Islamic University in Uganda.
"Rector of the University" means the person in charge of the running of the academic, administrative and financial affairs of the University in accordance with the guidelines of the University Council.
"Executive Board" means the Executive Board of the University.
"Teaching Staff" means the professors, assistant professors and lecturers.
"Faculty or Institute" means an autonomous academic unit within the University.
"Executive regulations" means the regulations issued by the University Council.
"Rules of procedure" means the regulations issued by the Executive Board.
"Personnel and staff" means all the personnel or staff members and all the employees of the University.
Article II The University shall possess juridical personality. It shall have the capacity to contract, to acquire and dispose of movable and immovable property and to institute legal proceedings before courts of law within and outside the Republic of Uganda.
Article III The premises of the University shall be inviolable provided that they shall be used in conformity with the purposes of the University as stated in the Statute.
Article IV The funds and property and assets of the University, wherever located and by whomsoever held within the territory of the Republic of Uganda, shall enjoy such immunities and privileges as are approved in this
Agreement. In this context, such property and assets shall be immune from search, requisition, confiscation, expropriation or any other administrative, judicial or legislative action contrary to the provisions of the statutes of the University.
(1)
The archives and documents of the University shall be inviolable wherever located, provided that they shall be used in conformity with the objectives of the University.
(2)
No censorship shall be applied to the official communications or correspondence of the University except by the University Council or the University Executive Board.
Article VI Without being restricted by financial controls, regulations or compulsory interests of any kind-
(a)
the University may open bank accounts in any currency including hard currencies, in accordance with the University's own financial regulations and rules of procedures.
(b)
the University shall be free to transfer its funds inside or outside the Republic of Uganda and to convert any currency held by it into any other currency, in accordance with the official rate of exchange in force in the Republic of Uganda.
Article VII The University itself, its cash assets, income and other property shall be-
(a)
exempt from all direct taxes, it being understood, however, that the University will not claim exemption from taxes, duties or dues which are, in fact, no more than charges for public utility services.
(b)
exempt from customs duties and charges from restrictions on imports in respect of supplies and equipment imported by the University for its use or the use of its faculties, institutes or laboratories. It is understood, however, that supplies and equipment imported under such exemption will not be re-sold or ceded in the Republic of Uganda except under conditions agreed with the Ugandan Government.
(c)
exempt from customs duties and charges on imports and exports in respect of publications, books and bulletins.
Article VIII The University may not claim exemption from indirect taxes on the sale of movable or immovable property which form part of the price to be paid.
(1)
The responsibility of running the affairs of the University, its faculties and institutes, shall be vested in a group of personalities, personnel and staff recruited among nationals of Member States of the Organisation of Islamic Conference. Such personnel and staff shall enjoy international status as is the case for all members of the personnel and staff of other subsidiary organs and institutions of the Organisation of the Islamic Conference.
(2)
All such University personalities, personnel and staff shall, in the exercise of their functions, act in accordance with the objectives and interests of the University and with complete impartiality and rectitude as required by their missions and functions.
Article X In respect of privileges and immunities, the University personnel shall be divided into four categories as follows -
(1)
First category (principal missions and posts):
(a)
Rector of the University.
(b)
Members of the University Council.
(c)
Members of the Executive Board.
(2)
Second category (professional posts):
(a)
University Secretary.
(b)
University Registrar.
(c)
Teaching staff members.
(3)
Third category (administrative posts):
(a)
Administrative staff.
(4)
Fourth category (support service staff):
(b)
Other service staff members.
Article XI With the exception of the nationals of the Republic of Uganda, the personnel of the University shall enjoy the following privileges and immunities-
(1)
First category individuals:
(a)
immunity from legal process in respect of all acts done or words spoken or written by them in the discharge of their duties and within their fields of competence;
(b)
the same facilities as are accorded to the officials of diplomatic missions in the area of immigration, residence and exit procedures in force in the Republic of Uganda, in respect of themselves, the members of their families and their servants accompanying them;
(c)
the diplomatic right to import free of duty their furniture, personal effects and private cars for their own use. Sale of such articles to any person not enjoying such immunities shall be subject to the legislation in force applicable to the members of diplomatic missions.
(2)
Second category individuals shall enjoy the facilities stated in paragraphs (b) and (c) above.
(3)
Third category individuals shall enjoy the facilities stated in paragraph (b) above in addition to the provisions on temporary imports applicable in the Republic of Uganda.
Article XII Salaries and emoluments paid by the University to its non-Ugandan personnel and staff shall be exempt from direct taxation.
Article XIII Nationals of the Republic of Uganda employed by the University shall be immune from exchange restrictions when entrusted with the University missions outside the Republic of Uganda.
Article XIV Privileges and immunities are primarily accorded to the University personnel in order to safeguard the independent exercise of their functions in connection with the University. Consequently, the Rector of the University may, after consultation with the Secretary General and the latter's agreement in writing, waive the immunity of a member of the University personnel in any case where it becomes evident that immunity would impede the course of justice.
Article XV In order to facilitate the normal course of any legal process, the General Secretariat and the Rectorship of the University commit themselves to cooperation and consultation with the competent organs of the Government of the Republic of Uganda for guaranteeing the respect of security and legal procedures in order to avoid any abuses of the privileges and immunities stated in this Agreement.
Article XVI The Rector of the University shall take the necessary measures to amicably and adequately settle any differences to which the University is a party and which arise out of contracts or other operations of a private law character. This shall also be the case for differences involving members of the University personnel who enjoy the aforesaid immunities if immunity has not been waived under Article XIV.
Article XVII The Rector of the University shall work, in close cooperation with the Government of the Republic of Uganda, for guaranteeing the strict application of this Agreement.
(1)
This Agreement may be rescinded by either of the signatories hereto provided that the party concerned shall address a notification to that effect one year in advance.
(2)
In the event of any dispute between the two parties resulting from the rescission of this Agreement, the subject of the dispute shall be referred to the Islamic Conference of Foreign Ministers which shall take a decision thereon or refer it to the Islamic Court of Justice or the International Court of Justice should the case arise.
Article XIX This Agreement shall come into force when it has been ratified by the Government of the Republic of Uganda and the General Secretariat.
The original of this Agreement is in Arabic, English and French. The English text shall be referred to in case of differences of interpretation.
In witness whereof the two signatory parties being duly authorised hereto have signed this Agreement.
Done at Jeddah on 26th November, 1987; 5 Rabi-ul Thani 1408.
Prof. B. Kateregga, S. S. Pirzada, Ambassador, Republic of Uganda to the Kingdom of Secretary General, Organisation of Islamic Saudi Arabia. Conference.