Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)SchedulesSchedule 4Convention on the Privileges and Immunities of the Specialized Agencies, 1947Article VI : Officials |
Section 18
Each specialised agency will specify the categories of officials to which the provisions of this article and of article: VIII shall apply. It shall communicate them to the Governments of all States parties to this Convention in respect of that agency and to the Secretary-General of the United Nations. The names of the officials included in these categories shall from time to time be made known to the above- mentioned Governments.
Section 19
Officials of the specialised agencies 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) | Enjoy the same exemptions from taxation in respect of the salaries and emoluments paid to them by the specialised agencies and on the same conditions as are enjoyed by the officials of the United Nations; |
(c) | Be immune, together with their spouses and relatives dependent on them from immigration restrictions and alien registration; |
(d) | Be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank of diplomatic missions; |
(e) | Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as officials of comparable rank of diplomatic missions; |
(f) | 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 20
The officials of the specialised agencies shall be exempt from national service obligations provided that, in relation to the States of which they are nationals, such exemptions shall be confined to officials of the specialised agencies whose names have, by reason of their duties, been placed upon a list compiled by the executive head of the specialised agency and approved by the State concerned.
Should other officials of specialised agencies be called up for national service, the State concerned shall, at the request of the specialised agency concerned, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work.
Section 21
In addition to the immunities and privileges specified in section 19 and 20, the executive head of each specialised agency, including any official acting on his behalf during his absence from duty, shall be accorded in respect of himself, his spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.
Section 22
Privileges and immunities are granted to officials in the interests of the specialised agencies only and not for the personal benefit of the individuals themselves. Each specialised agency shall have the right and the duty to waive the immunity of any officials in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the specialised agency.
Section 23
Each specialised agency shall co-operate at all times with the appropriate authorities of member States to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connection with the privileges, immunities and facilities mentioned in this article.