UNITED NATIONS HUMAN RIGHTS EXPERTS EXPRESS PROFOUND CONCERN OVER MALAYSIAN COURT DECISION ON IMMUNITY OF SPECIAL RAPPORTEUR

HR/98/11
27 February 1998


The following is a statement by Professor Philip Alston (Australia), Chairperson of the Meeting of Chairpersons of Treaty Bodies, and Professor Paulo Sergio Pinheiro (Brazil), Chairperson of the Meeting of Special Rapporteurs/Representatives/Experts and Chairpersons of Working Groups of the special procedures of the Commission on Human Rights and of the advisory services programme.

'We are dismayed and profoundly concerned over the recent decision of the Federal Court of Malaysia denying the application for leave to appeal filed by our colleague, Mr. Param Cumaraswamy, the Special Rapporteur on the independence of judges and lawyers. As a result of this decision, defamation suits filed against Mr. Cumaraswamy for statements made in his capacity as Special Rapporteur can proceed in the domestic courts of Malaysia.

By ignoring Malaysia's obligations under the Convention on Privileges and Immunities of the United Nations, the Federal Court, Malaysia's apex court, has set a dangerous precedent which exposes independent experts of the United Nations to the threat of future legal suits.

This decision is an attack on the entire system of the United Nations human rights mechanisms. If allowed to stand, it could have a chilling effect on the ability of independent experts to speak out against violations of international human rights standards. It threatens to undermine our independence and impartiality.

We believe the language used in the Federal Court decision describing the Special Rapporteur as an "unpaid, part-time provider of information" is demeaning and agree with the High Commissioner for Human Rights statement of 24 February that it "profoundly misconstrues the role of Special Rapporteurs of the Commission on Human Rights."

If the Special Rapporteurs are to carry out the mandates to which they have been entrusted by Member States, they must be entitled to all privileges and immunities including immunity from legal process of every kind, as provided in Section 22 of the Convention on Privileges and Immunities of the United Nations.

We join with the High Commissioner for Human Rights in urging the Government of Malaysia to respect its obligations under the Convention and ensure that Mr. Cumaraswamy is protected from further action in this matter.

We also call upon the Secretary-General to declare that a dispute exists between the United Nations and Malaysia under the provisions of the Convention on Privileges and Immunities of the United Nations and to take as soon as possible the necessary steps to seek an advisory opinion from the International Court of Justice.'