Government Gazette

Government Gazette

Vol.400, No.19382, 23 October 1998

Regulation Gazette N0. 6324

PROCLAMATION

by the President of the Republic of South Africa

No. R. 105

IMMUNITIES AND PRIVILEGES TO BE CONFERRED ON THE PARTICIPANTS OF THE FOURTEENTH SESSION OF THE TECHNICAL WORKING GROUP OF THE BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL TO BE HELD IN PRETORIA FROM 2 TO 5 NOVEMBER 1998, THE JOINT MEETING BETWEEN THE TECHNICAL WORKING GROUP AND THE CONSULTATIVE SUB-GROUP OF LEGAL AN TECHNICAL EXPERTS, TO BE HELD FROM 6 TO 7 NOVEMBER 1998 IN PRETORIA, AND THE MEETING OF THE EXPANDED BUREAU OF THE FOURTH MEETING OF THE CONFERENCE OF PARTIES, TO BE HELD IN PRETORIA FROM 9 TO 10 NOVEMBER 1998

The immunities and privileges to be accorded to participants to the 14th session of the Technical Working Group of the Basel Convention, to be held in Pretoria from 2 to 5 November 1998, the Joint meeting between the Technical Working Group and the Consultative sub-group of legal and technical experts, to be held in Pretoria from 6 to 7 November 1998, and the meeting of the Expanded Bureau of the fourth meeting of the Conference of the Parties, to be held in Pretoria from 9 to 10 November 199B, are those contained in the relevant articles of the Convention on Privileges~and Immunities of the United Nations of 1946 as follows -

"ARTICLE al

FACILITIES IN RESPECT OF COMMUNICATIONS

Section 9

The United Nations shall enjoy in the territory of each Member for its official communications treatment not less favourable than that accorded by the Government of that Member to any other Government including its diplomatic mission in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information on the press and radio. No censorship shall be applied to the official correspondence and other official communications of the United Nations.

Section 10

The United Nations shall have the right to use codes and to despatch and receive its correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags.

ARTICLE IV

THE REPRESENTATIVES OF MEMBERS

Section II

Representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during the journey to and from the place of meeting, enjoy the following privileges 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 capacity as representatives, immunity from legal process of every kind;

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(b) Inviolability for all papers and documents;

(d) Exemption in respect of themselves and their spouses from immigration restrictions, aliens registration or national service obligations in the state 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;

The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also;

(g) Such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.

Section 12

In order to secure, for the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, complete freedom of speech and 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 the representatives of Members.

Section 13

Where the incidence of any form of taxation depends upon residence, periods during which the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations are present in a state for the discharge of their duties shall not be considered as periods of residence.

Section 14

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 United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

Section 15

The provisions of Section 11, 12, and 13 are not applicable as between a representative and the authorities of the state of which he is a national or of which he is or has been the representative.

Section 16

In this article the expression "representatives" shall be deemed to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegations.

. .

ARTICLE V

OFFICIALS

Section 17

The Secretary-General will specify the categories of officials to which the provisions of this Article and Article Vll shall apply. He shall submit these categories to the General Assembly.

Thereafter these categories shall be communicated to the Governments of all Members. The names of the officials included in these categories shall from time to time be made known to the Governments of Members.

Section 18

Officials of the United Nations shall:

(a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

(b) Be exempt from taxation on the salaries and emoluments paid to them by the United Nations;

(c)

(d)

(e)

Be immune from national service obligations;

Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

Be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government concerned;

(f) Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys;

(9) Have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question.

Section 19

In addition to the immunities and privileges specified in Section 18, the Secretary-General and all Assistant Secretaries-General shall be accorded in respect of themselves, their spouses