SPECIAL RAPPORTEURS CONCERNED ABOUT MALAYSIA'S DISREGARD OF ECOSOC'S DECISION

HR/98/66
4 September 1998


The following statement was issued today by Mona Rishmawi, Chairperson of the Fifth Meeting of Special Rapporteurs and Experts of the United Nations Commission on Human Rights:

"The Special Rapporteurs are concerned that Malaysia did not abide by the Economic and Social Council's decision (1998/297) in the case of Dato' Param Cumaraswamy, the Special Rapporteur of the Commission on Human Rights on the Independence of Judges and Lawyers.

On 5 August 1998, the UN Economic and Social Council (ECOSOC) adopted by consensus a welcome decision to request an advisory opinion from the International Court of Justice on the applicability of the Convention on the Privileges and Immunities of the United Nations in the case of Dato' Param Cumaraswamy as Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers.

The decision also called upon the Government of Malaysia ‘to ensure that all judgements and proceedings in this matter in the Malaysian courts are stayed pending the receipt of the advisory opinion of the International Court of Justice, which shall be accepted as decisive by the parties.’

We are alarmed to learn that in spite of this clear call, the Registrar of the Court of Appeal refused today a stay, stating that she did not receive any directive from the Chief Justice of Malaysia to stay or adjourn the matter. The Registrar then proceeded with the assessment of a bill of costs at RM 24,000 which is equivalent to approximately $6,015.

We are concerned that the decision of the Economic and Social Council has been ignored. It is essential that Malaysian courts do not pre-judge issues which are at this stage before the International Court of Justice (ICJ). Under international law, the ICJ advisory opinion will be binding on the parties. The adoption of the ECOSOC decision by consensus reflects the will of the international community that this matter is addressed within the framework of international law.

On several occasions, the Special Rapporteurs emphasised that undermining the immunity of one special rapporteur constitutes an attack on the entire system of the UN human rights mechanisms. We thus welcome the measures taken by the UN Secretary-General to place the case of the Special Rapporteur on the Independence of Judges and Lawyers, Dato' Param Cumaraswamy, whose immunity has been undermined by Malaysian Courts, before the UN Economic and Social Council for referral to the International Court of Justice for an advisory opinion.

The Rapporteurs continue to call upon the Government of Malaysia to abide by its international obligations that stem out of the 1946 Convent on the Privileges and Immunities of the United Nations. We also urge the Government of Malaysia to respect the decision of ECOSOC.