33 B. Privileges and immunities Treaty body members have the status of United Nations experts on mission.20 Experts performing missions for the United Nations shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions (e.g., attending treaty bodies’ sessions), including the time spent on journeys in connection with their missions. In particular they shall be accorded: (a) Immunity from personal arrest or detention and from seizure of their personal baggage; (b) In respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations; (c) Inviolability for all papers and documents; (d) For the purpose of their communications with the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealed bags; (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 diplomatic envoys.21 The rationale for guaranteeing that members enjoy these privileges and immunities is to ensure that they are free from any interference while on mission. According to article VI, section 23, of the Convention on the Privileges and Immunities of the United Nations, privileges and immunities are granted to the members in the interests of the United Nations and not for their personal benefit. The SecretaryGeneral has the right and the duty to waive the immunity of any member in any case where, in his or her opinion, immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations. Whether or not privileges and immunities apply to a specific situation will depend on the facts of each case.22 See United Nations Juridical Yearbook, 1969, pp. 207— 210, on the privileges and immunities of the members of the Committee on the Elimination of Racial Discrimination. See also Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations, Advisory Opinion, I.C.J. Reports 1989, p. 177, known as the Mazilu case. Paragraphs 40 — 52 are particularly relevant. 21 Convention on the Privileges and Immunities of the United Nations, art. VI, sect. 22. 22 Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, I.C.J. Reports 1999, p. 62, para. 52. 20 

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