Implementation of Geneva Conventions Act, 2012
R 385
Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)SchedulesSchedule 4Convention on the Privileges and Immunities of the Specialized Agencies, 1947Article V : Representatives of Members |
Section 13
Representatives of members at meetings convened by a specialised agency shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:
| (a) | Immunity from personal arrest or detention and from seizure of their personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind; |
| (b) | Inviolability for all papers and documents; |
| (c) | The right to use codes and to receive papers or correspondence by courier or in sealed bags; |
| (d) | Exemption in respect of themselves and their spouses from immigration restrictions, aliens' registration or national service obligations in the State which they are visiting or through which they are passing in the exercise of their functions; |
| (e) | The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions; |
| (f) | The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions. |
Section 14
In order to secure for the representatives of members of the specialised agencies at meeting convened by them complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.
Section 15
Where the incidence of any form of taxation depends upon residence, periods during which the representatives of members of the specialised agencies at meetings convened by them are present in a member State for the discharge of their duties shall not be considered as periods of residence.
Section 16
Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the specialised agencies. Consequently, a member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.
Section 17
The provisions of sections, 13, 14 and 15 are not applicable in relations to the authorities of a State of which the person is a national or of which he is or has been a representative.
