Organization of the Islamic Conference (Immunities and Privileges) Act, 1977

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THE ORGANIZATION OF THE ISLAMIC CONFERENCE 
(IMMUNITIES AND PRIVILEGES) ACT, 1977 
 
              
 
CONTENTS 
1.   Short title, extent and commencement 
2.  Provisions of the Agreement 
3.  Certificate of the Federal Government 
4.  Power to amend the Schedule 
5.  Repeal 
THE SCHEDULE 
  
 
 

 
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THE ORGANIZATION OF THE ISLAMIC CONFERENCE (IMMUNITIES 
AND PRIVILEGES) ACT, 1977 
Act No. XV of 1977 
           [5th May 1977] 
 
An Act to give effect in Pakistan to the Agreement on Immunities and Privileges of the 
Organization of the Islamic Conference. 
 
 WHEREAS Pakistan has ratified the Agreement on Immunities and Privileges of the 
Organization of the Islamic Conference; 
 
 AND WHEREAS it is necessary to give effect in Pakistan to the said Agreement on 
Immunities and Privileges of the Organization of the Islamic Conference: 
 
 It is hereby enacted as follows:— 
 
 1. Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the 
Organization of the Islamic Conference (Immunities and Privileges) Act, 1977.  
 
 (2) It extends to the whole of Pakistan. 
 
 (3) It shall come into force at once. 
 
 2. Provisions of the Agreement. Notwithstanding anything contained in any other law 
for the time b eing in force, the provisions of the Agreement on Immunities and Privileges of  the 
Organization of the Islamic Conference set out in the Schedule shall, subject to the oth er 
provisions of this Act, have the force of law in Pakistan. 
 
 3. Certificate of the Federal Government. If any question arises whether or not any person 
is entitled to any p rivileges or immunities under this Act, a certificate issued by or und er the 
authority of the Federal Government stating any fact relating to that question shall be conclusive 
evidence of that fact. 
 
 4. Power to amend the Schedule. The Federal. Government may, by no tification in the  
official Gazette, amend the Schedule in conformity with any amendment duly made in the provisions 
of the said Agreement set out therein. 
 
 5. [Repeal.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 
(XXVII of 1981), s. 3 and Sch., II. 
 
THE SCHEDULE 
 
(See section 2) 
 
 Whereas Article VI (8) of the Charter of the Organization of the Islamic Conference 
provides: 
 “In the light of the agreement on immunities and privileges to be approved by the conference, 
 
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(a)       The  Conference  shall  enjoy,  in  the  Member  States,  such  legal  capacity, 
immunities and privileges as may be necessary for the exercise of its functions 
and the fulfilment of its objectives. 
(b)       Representatives of member states shall enjoy such immunities and privileges 
as may be  necessary for the exercise of their functions related to the 
Conference. 
(c)       The  staff  of  the  Conference  shall  enjoy  the  immunities  and  privileges 
necessary for the performance of their duties as decided upon by the 
conference”. 
 So, it  is  required  to  clarify  in  detail  the  varieties  of  immunities  and  privileges 
indicated in the Chapter, and to specify its  scope and cases in which it is applied, in order to 
facilitate the functions of the Organization of Islamic Conference. 
 
 Consequently, the Seventh Islamic Conference of Foreign Ministers held in Istanbul, 
Republic of Turkey, on 12—15 May, 1976 (13—16 Jamad Al Awal 1396 H) has approved the 
Convention placed below. 
 
CHAPTER I 
JURIDICAL PERSONALITY 
 
 Article 1.—The Organization of the Islamic Conference shall possess juridical personality. It 
shall have the capacity: 
 
(a)       To acquire and dispose of immovable and movable property.  
(b)       To contract. 
(c)       To institute legal proceedings. 
CHAPTER II  
PROPERTY, FUNDS AND ASSETS 
 
 Article 2.—The Organization of the Islamic Conference, its property and assets, wh erever 
located shall enjoy immunity from every form of legal process unless the Secretary General decides 
to waive it expressly. It is, however, understood that no waiving of immunity shall extend in any 
measure of execution. 
 
 Article 3 —The premises occupied by the Organization of the Islamic Conference shall 
be inviolable. Its property and assets wherever lo cated s hall be immune from search, requisition, 
confiscation, expropriation and any other form of interference, by executive action. 
 
 Article  4.—The  archieves  of  the  organization  of  the  Islamic  Conference  and  in general, 
all documents belonging to it, or held by it, shall be inviolable. 
 
 Article 5.— The organization may, 
 
 (1) Hold funds, gold or currency of any kind and operate accounts in any currency according 
to laws and regulations in force in Member States. 
 
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 (2) Be free to transfer its funds, gold or currency from one country to another, or within the 
country itself and to convert it to any currency according to the laws in force. The Organization may 
not, in contravention of any regulations prevailing, transfer any amount of funds subjected to special 
restrictions, from one State, in excess of any amount it has brought into that State. 
 
 Article 6.—In exercising its rights under Article 5 above, the Organization of the Islamic 
Conference shall pay due regard to any representations made by Member States, in so far as is 
considered that effect can be given to s uch representations, without detriment to the int erest of the 
Organization and Member States. 
 
 Article 7.—The Organization of the Islamic Conference, its movable or immovable property 
and its assets shall be: 
 
(a) Exempt from all direct taxes, except for those which are no more than charges 
for public utility services. 
 
(b) Exempt from custom duties, p rohibitions and restrictions on imports and 
exports in respect of articles imported or exported by the Organization, for its 
official use. Such articles, imported under such exemption, will not be sold in 
the country in  which they were imported, except with the consent of the 
Government concerned. 
 
(c) Exempt from custom imports and exports in respect of its publications. 
 
 
CHAPTER III 
FACILITIES IN RESPECT OF COMMUNICATIONS 
 
 Article 8.—The Organization of the Islamic Conference shall enjoy, in the territory of each 
Member States, for its official communications, treatment not less favourable than that accorded by 
that State to the communications of any other Member State, including its diplomatic mission, in the 
matter of priorities and rates, taxes on mails, cables, telegrams, radiograms, telephone and other 
communications and press rates for information to the  press and radio. No censorship shall be 
applied to such official correspondence and other official communications. 
 
 Article 9.—The Organization of the Islamic Conference may use codes and despatch its  
correspondence by couriers or bags, which shall have the same immunities and privileges as 
diplomatic couriers and bags. 
 
CHAPTER IV 
THE REPRESENTATIVES OF MEMBER STATES 
 
 Article 10.—Representatives of Member States to the Principal and subsidiary organs and 
conferences convened by th e organization, shall while exercising their functions and du ring the 
journey to and from the place of the meeting, enjoy the following immunities and privileges: 
 
(a)       Immunity from personal arrest or detention and from seizure of their personal 
baggage. 
 
 
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(b)       Immunity from legal process of any kind in respect of words spoken or 
written and acts done by them in their capacity as representatives. 
 
(c)       Inviolability for all papers and documents. 
 
(d)       The right to use codes and to receive papers or correspondence by courier or in 
sealed bags. 
 
(e) Exemption in respect of th emselves and th eir 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. 
 
(f)        The facilities accorded to the representatives of Foreign States, delegated on 
temporary official missions in respect of laws relevant to currency and 
exchange. 
 
(g)       The same immunities and facilities, in respect of their personal baggage, as 
accorded to diplomatic envoys. 
 
(h)       Such other immunities and facilities, not inconsistent with the foregoing as 
diplomatic envoys, except that they shall have no right to claim exemptions 
from custom and excise duties on articles imported other than their personal 
baggage. 
 
 Article 11.—Representatives of Member States in the Principal and subsidiary organs of the 
Organisation of the Islamic Conference and in conferences convened by the O rganization, shall 
enjoy immunity from legal process in respect of words spoken or written, in discharging their duties 
as representatives of their States in the organs of the Organization of the  Islamic Conference 
notwithstanding that the persons concerned are no longer the representatives of Member States. 
 
 Article 12.—Periods spent by the representatives of Member States to the Principal and 
Subsidiary organs of the Organization of the Islamic Conference and to conferences convened 
by it, in one of the territories of a Member State shall not be considered as periods of residence for 
the assessment of a tax, if the imposition of such a tax is consequent upon such period of residence. 
 
 Article 13.—Immunities and privileges are accorded to the representatives of Member States, 
not for their personal benefits, but in order to safeguard the independent exercise of their functions in 
connection with the Organization. 
 
 Consequently, Member States are under a duty to waive the immunity of its representatives 
in any case where that immunity would impede the course of justice and if it can be waived without 
prejudice to the purpose for which the immunity is accorded. 
 
 Article 14.—The p rovisions of A rticles 10, 11 and 12 are not  applicable as between a 
representative and the authorities of the State of which he is a national, or the approval of the State 
concerned. 
 
 
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 Article  15.—The  expression  “representative”  in  this  chapter  shall  be  deemed  to include 
all delegates of M embers States, their d eputies, advisers and technical experts and s ecretaries of 
delegations. 
 
 Article 16.—Permanent State representatives shall enjoy, during the  period of their 
representing their State in the organs of the Organization of the Islamic Conference, such immunities 
and privileges as are enjoyed by diplomatic envoys. 
 
 Article 17.—The Secretary General shall notify Member States of the Organization, as 
well as their permanent delegates and members of permanent committees. 
 
CHAPTER V  
OFFICIALS 
 
 Article  18 —The Conference  of  the  O rganization  of the  Islamic  Con ference  sh all 
specify the categories of officials to which the provisions of Article 19 and the provisions of Chapter 
VII shall be applied, as submitted to it by the Secretary General, who will communicate to Member 
States periodically a list containing the names of such officials and their respective functions. 
 
 Article 19.—(I) Officials of the  General Secretariat of the  Organization of the Islamic 
Conference  shall, regardless  of  their  nationality,  enjoy  the  following  immunities  and privileges 
:— 
 
(a)       Immunity from legal process, in respect of words spoken or written and all 
acts performed by them in their official capacity. 
 
(b)       Exemption from taxation on their salaries and emoluments paid or to be paid 
to them by the organization. 
 
(c)       Furthermore, officials of the General Secretariat other than the nationals of the 
host country, shall enjoy: 
 
 (1) Together with their spouses and relatives dependent on them, immunity from immigration 
restrictions and aliens registration. 
 (2) Facilities as accorded to diplomatic envoys of their ranks, accredited with  the 
Government concerned, in respect of the regulations-relevant to exchange. 
 
 (3) Facilities as accorded to diplomatic envoys, in times of international crisis, as 
regards their repatriation. 
 
 (4) The right to import, free of duty, their furniture and effects, within a year from the time of 
first taking up their posts in the country in question. 
 
 Article 20.—Further to the immunities and privileges provided for by the  two p receding 
articles, the Secretary General, Assistant Secretary General and senior officials, together with their 
spouses and their minor children, shall enjoy immuniti es and privileges, whi ch are accorded, in 
accordance with international law, to diplomatic envoys, each according to his rank. 
 
 
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 Article 21.—Immunities and privileges are accorded to officials to safeguard the 
interests of the Organization and to enable it to accomplish its aims. The Secretary General has  
the  right  and  is  under  the  duty to  waive  the  immunity of  officials  of  the  General Secretariat, 
not specified in the foregoing article, in any case where, in his opinion, the immunity would impede 
the administration of justice and can be waived without prejudice to the  interests of the 
Organization. As to officials provided for in that article, the immunity is not to be waived except 
by approval of the Conference. 
 
 Article 22.—The Organization shall cooperate, at all times, with the appropriate authorities of 
Member States, to ensure the p roper administration of justice, secure the obs ervance of police 
regulations and prevent the occurrence of any abuse, in connection with the immuniti es and 
privileges mentioned in this chapter. 
 
CHAPTER VI 
EXPERTS 
 
 Article 23.― Experts (other than officials coming within the scope of Chapter V) 
performing missions for the Organization of the Islamic Conference shall be accorded, in execution 
of a resolution to be adopted by its Conference, such immunities and privileges, necessary for the 
fulfilment of that mission, more specifically: 
 
(a)     Immunity from personal arrest or detention and from seizure of their personal 
baggage except in emergency cases as decided by the concerned state upon 
consultation with the Secretary General. 
 
(b)     Immunity from legal process, even after termination of their mission, in 
respect of words spoken or written and acts done by them in the course of the 
performance of their mission. 
 
(c)  Inviolability for all papers and documents of the Organization.  
 
(d)     The  same  facilities  in  respect  of  currency  of  exchange  restrictions,  as  
are accorded to representatives of foreign States on temporary official 
missions according to the laws in force in the concerned country. 
 
(e)     The same immunities and facilities in respect of their personal baggages as are 
accorded to diplomatic envoys. 
 
(f)      Immunity, together with their spouses and minor children, from 
immigration restrictions and alien registration and the oblig ation concerning 
national service. 
 
 Article 24.—Immunities and privileges are granted to experts: in the interest of the 
Organization. The Secretary General shall have the right and the duty to waive the immunity in any 
case where, in his  opinion, the immunity would impede the course of justice and it can be waived 
without prejudice to the interests of the Organization. 
 
 
 
 
 
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CHAPTER VII  
LAISSEZ-PASSER 
 
 Article 25.—The G eneral Secretariat of the  Organization of Islamic Conference may issue  
laissez-passers to its officials. Those laissez-passers shall be recognised and accepted as valid 
travel documents by Members States, taking into account the provisions of the two su cceeding 
articles. 
 
 Article 26.—Visas are accorded to holders of laissez-passer at the request of the G eneral 
Secretariat, in which it is stated that they are officials, travelling on official business of the General 
Secretariat. 
 
 Article 27.—The grant of visas shall be dealt with as speedily as possible. In addition, such 
persons shall be granted facilities for speedy travel. . 
 
 Article 28.—Similar facilities to those specified in Article 27 shall be accorded to experts  and  
officials  who,  though  not  holders  of  Organization  laissez-passer,  have  a certificate that they are 
travelling on business for the Organization. 
 
CHAPTER VIII  
SETTLEMENT OF DISPUTES 
 
 Article 29.—The Organization of the Islamic Conference shall establish an organ for 
settling: 
 
(a)       Disputes arising out of contracts, or other disputes of a private law character, 
to which the Organization is a party. 
(b)       Disput es involving any official of the Organization, who, by reason of his 
official capacity, enjoys immunity, when immunity has not been waived in his 
case. 
FINAL PROVISIONS 
 Article 30.—Nothing under the provisions of this Agreement shall affect the authority of a 
Member State to take such measures as are deemed appropriate for the safety of its territory or the 
establishment of security and maintenance of public order. 
 
 Any State deeming necessary the taking of such steps, shall hasten to contact the General 
Secretariat, as circumstances will permit, in order to  agree upon the m easures w arranting the 
safeguarding of the interests of the Organization. 
 
 Article 31—The Immunity w henever provided in this Convention either clearly or 
inclusively-means official immunity and not personal. 
 
 Article 32—The Secretary General shall submit this Convention to Member States of the 
Organization for accession thereto. 
 
 
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 Article 33—This Convention shall become binding on the respective State as from the date of 
the deposit of the instruments of accession by that State with the General Secretariat. The Secretary 
General shall inform all Member States of the Organization of the deposit of each accession. 
 
 Article 34.—The accession of any M ember State to this Convention means that it has 
accomplished the Constitutional processes to render this Agreement part of its internal legislation. 
 
 Article 35.—This Convention shall remain binding on each acceding State, as long as it  
remains a Member State of the Organization. 
 
 Article 36.—The Organization of the Islamic Conference may conclude suppl ementary 
agreements for proper application of the provisions of this Convention, within the t erritories of 
Member States. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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