The Bar Council welcomes the decision of the United Nations to refer the dispute concerning the question of the immunities and privileges of Dato’ Param Cumaraswamy as UN Special Rapporteur on the Independence of Judges and Lawyers to the International Court of Justice.
The Bar Council notes that the timely determination of the UN Secretary–General, Kofi Annan, to take this issue to the World Court as stipulated in the 1946 Convention on Privileges and Immunities of the United Nations has been adopted by consensus on 5th August, 1998 by the UN Economic and Social Council. The UN Economic and Social Council has called upon the Government of Malaysia “to ensure that all judgments and proceedings in this matter in the Malaysian Courts are stayed pending receipt of the advisory opinion of the International Court of Justice, which shall be accepted by the parties”. It is significant to note that Malaysia acceded to the 1946 Convention on Privileges and Immunities of the United Nations.
The Bar Council believes that as a UN Special Rapporteur, Dato’ Param Cumaraswamy is protected by Article VI, Section 22 of the 1946 Convention. This provision accords UN experts on mission, such as Dato’ Param Cumaraswamy, the privileges and immunities necessary for the independent exercise of their functions. Accordingly on 7th March, 1997 UN Secretary–General issued a certificate asserting Dato’ Param Cumaraswamy’s immunity.
The Bar Council looks forward to the decision of the International court of Justice on the standing of Special Rapporteurs.
Dated: 13 August 1998.
R. R. Chelvarajah
Vice–President
Malaysian Bar
Change Password
Search the site
Member Login
Immunities and privileges of Dato' Param Cumaraswamy as UN Special Rapporteur
13 Aug 1998 12:00 am