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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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