{ "schema_version": "qanun-law-text/1", "id": "pk-code-b55b56ff1709a8f0", "title": "Organization of the Islamic Conference (Immunities and Privileges) Act, 1977", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-bpuUZWVo-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "fac6bbb4760411458872ee8ae0d06b73df8e85b3b244caafeacbbc28412eb38a", "source_sha256": "fac6bbb4760411458872ee8ae0d06b73df8e85b3b244caafeacbbc28412eb38a", "text_version_id": "law:pk-code-b55b56ff1709a8f0:sha256:fac6bbb4760411458872ee8ae0d06b73df8e85b3b244caafeacbbc28412eb38a", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 9 \r\n \r\n \r\n \r\n \r\n \r\nTHE ORGANIZATION OF THE ISLAMIC CONFERENCE \r\n(IMMUNITIES AND PRIVILEGES) ACT, 1977 \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Provisions of the Agreement \r\n3. Certificate of the Federal Government \r\n4. Power to amend the Schedule \r\n5. Repeal \r\nTHE SCHEDULE \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 9 \r\n \r\nTHE ORGANIZATION OF THE ISLAMIC CONFERENCE (IMMUNITIES \r\nAND PRIVILEGES) ACT, 1977 \r\nAct No. XV of 1977 \r\n [5th May 1977] \r\n \r\nAn Act to give effect in Pakistan to the Agreement on Immunities and Privileges of the \r\nOrganization of the Islamic Conference. \r\n \r\n WHEREAS Pakistan has ratified the Agreement on Immunities and Privileges of the \r\nOrganization of the Islamic Conference; \r\n \r\n AND WHEREAS it is necessary to give effect in Pakistan to the said Agreement on \r\nImmunities and Privileges of the Organization of the Islamic Conference: \r\n \r\n It is hereby enacted as follows:— \r\n \r\n 1. Short title, extent and commencement.—(1) This Act may be called the \r\nOrganization of the Islamic Conference (Immunities and Privileges) Act, 1977. \r\n \r\n (2) It extends to the whole of Pakistan. \r\n \r\n (3) It shall come into force at once. \r\n \r\n 2. Provisions of the Agreement. Notwithstanding anything contained in any other law \r\nfor the time b eing in force, the provisions of the Agreement on Immunities and Privileges of the \r\nOrganization of the Islamic Conference set out in the Schedule shall, subject to the oth er \r\nprovisions of this Act, have the force of law in Pakistan. \r\n \r\n 3. Certificate of the Federal Government. If any question arises whether or not any person \r\nis entitled to any p rivileges or immunities under this Act, a certificate issued by or und er the \r\nauthority of the Federal Government stating any fact relating to that question shall be conclusive \r\nevidence of that fact. \r\n \r\n 4. Power to amend the Schedule. The Federal. Government may, by no tification in the \r\nofficial Gazette, amend the Schedule in conformity with any amendment duly made in the provisions \r\nof the said Agreement set out therein. \r\n \r\n 5. [Repeal.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 \r\n(XXVII of 1981), s. 3 and Sch., II. \r\n \r\nTHE SCHEDULE \r\n \r\n(See section 2) \r\n \r\n Whereas Article VI (8) of the Charter of the Organization of the Islamic Conference \r\nprovides: \r\n “In the light of the agreement on immunities and privileges to be approved by the conference, \r\n \r\nPage 3 of 9 \r\n \r\n(a) The Conference shall enjoy, in the Member States, such legal capacity, \r\nimmunities and privileges as may be necessary for the exercise of its functions \r\nand the fulfilment of its objectives. \r\n(b) Representatives of member states shall enjoy such immunities and privileges \r\nas may be necessary for the exercise of their functions related to the \r\nConference. \r\n(c) The staff of the Conference shall enjoy the immunities and privileges \r\nnecessary for the performance of their duties as decided upon by the \r\nconference”. \r\n So, it is required to clarify in detail the varieties of immunities and privileges \r\nindicated in the Chapter, and to specify its scope and cases in which it is applied, in order to \r\nfacilitate the functions of the Organization of Islamic Conference. \r\n \r\n Consequently, the Seventh Islamic Conference of Foreign Ministers held in Istanbul, \r\nRepublic of Turkey, on 12—15 May, 1976 (13—16 Jamad Al Awal 1396 H) has approved the \r\nConvention placed below. \r\n \r\nCHAPTER I \r\nJURIDICAL PERSONALITY \r\n \r\n Article 1.—The Organization of the Islamic Conference shall possess juridical personality. It \r\nshall have the capacity: \r\n \r\n(a) To acquire and dispose of immovable and movable property. \r\n(b) To contract. \r\n(c) To institute legal proceedings. \r\nCHAPTER II \r\nPROPERTY, FUNDS AND ASSETS \r\n \r\n Article 2.—The Organization of the Islamic Conference, its property and assets, wh erever \r\nlocated shall enjoy immunity from every form of legal process unless the Secretary General decides \r\nto waive it expressly. It is, however, understood that no waiving of immunity shall extend in any \r\nmeasure of execution. \r\n \r\n Article 3 —The premises occupied by the Organization of the Islamic Conference shall \r\nbe inviolable. Its property and assets wherever lo cated s hall be immune from search, requisition, \r\nconfiscation, expropriation and any other form of interference, by executive action. \r\n \r\n Article 4.—The archieves of the organization of the Islamic Conference and in general, \r\nall documents belonging to it, or held by it, shall be inviolable. \r\n \r\n Article 5.— The organization may, \r\n \r\n (1) Hold funds, gold or currency of any kind and operate accounts in any currency according \r\nto laws and regulations in force in Member States. \r\n \r\nPage 4 of 9 \r\n \r\n \r\n (2) Be free to transfer its funds, gold or currency from one country to another, or within the \r\ncountry itself and to convert it to any currency according to the laws in force. The Organization may \r\nnot, in contravention of any regulations prevailing, transfer any amount of funds subjected to special \r\nrestrictions, from one State, in excess of any amount it has brought into that State. \r\n \r\n Article 6.—In exercising its rights under Article 5 above, the Organization of the Islamic \r\nConference shall pay due regard to any representations made by Member States, in so far as is \r\nconsidered that effect can be given to s uch representations, without detriment to the int erest of the \r\nOrganization and Member States. \r\n \r\n Article 7.—The Organization of the Islamic Conference, its movable or immovable property \r\nand its assets shall be: \r\n \r\n(a) Exempt from all direct taxes, except for those which are no more than charges \r\nfor public utility services. \r\n \r\n(b) Exempt from custom duties, p rohibitions and restrictions on imports and \r\nexports in respect of articles imported or exported by the Organization, for its \r\nofficial use. Such articles, imported under such exemption, will not be sold in \r\nthe country in which they were imported, except with the consent of the \r\nGovernment concerned. \r\n \r\n(c) Exempt from custom imports and exports in respect of its publications. \r\n \r\n \r\nCHAPTER III \r\nFACILITIES IN RESPECT OF COMMUNICATIONS \r\n \r\n Article 8.—The Organization of the Islamic Conference shall enjoy, in the territory of each \r\nMember States, for its official communications, treatment not less favourable than that accorded by \r\nthat State to the communications of any other Member State, including its diplomatic mission, in the \r\nmatter of priorities and rates, taxes on mails, cables, telegrams, radiograms, telephone and other \r\ncommunications and press rates for information to the press and radio. No censorship shall be \r\napplied to such official correspondence and other official communications. \r\n \r\n Article 9.—The Organization of the Islamic Conference may use codes and despatch its \r\ncorrespondence by couriers or bags, which shall have the same immunities and privileges as \r\ndiplomatic couriers and bags. \r\n \r\nCHAPTER IV \r\nTHE REPRESENTATIVES OF MEMBER STATES \r\n \r\n Article 10.—Representatives of Member States to the Principal and subsidiary organs and \r\nconferences convened by th e organization, shall while exercising their functions and du ring the \r\njourney to and from the place of the meeting, enjoy the following immunities and privileges: \r\n \r\n(a) Immunity from personal arrest or detention and from seizure of their personal \r\nbaggage. \r\n \r\n \r\nPage 5 of 9 \r\n \r\n(b) Immunity from legal process of any kind in respect of words spoken or \r\nwritten and acts done by them in their capacity as representatives. \r\n \r\n(c) Inviolability for all papers and documents. \r\n \r\n(d) The right to use codes and to receive papers or correspondence by courier or in \r\nsealed bags. \r\n \r\n(e) Exemption in respect of th emselves and th eir spouses from immigration \r\nrestrictions, aliens registration or national service obligations in the State they \r\nare visiting, or through which they are passing, in the exercise of their \r\nfunctions. \r\n \r\n(f) The facilities accorded to the representatives of Foreign States, delegated on \r\ntemporary official missions in respect of laws relevant to currency and \r\nexchange. \r\n \r\n(g) The same immunities and facilities, in respect of their personal baggage, as \r\naccorded to diplomatic envoys. \r\n \r\n(h) Such other immunities and facilities, not inconsistent with the foregoing as \r\ndiplomatic envoys, except that they shall have no right to claim exemptions \r\nfrom custom and excise duties on articles imported other than their personal \r\nbaggage. \r\n \r\n Article 11.—Representatives of Member States in the Principal and subsidiary organs of the \r\nOrganisation of the Islamic Conference and in conferences convened by the O rganization, shall \r\nenjoy immunity from legal process in respect of words spoken or written, in discharging their duties \r\nas representatives of their States in the organs of the Organization of the Islamic Conference \r\nnotwithstanding that the persons concerned are no longer the representatives of Member States. \r\n \r\n Article 12.—Periods spent by the representatives of Member States to the Principal and \r\nSubsidiary organs of the Organization of the Islamic Conference and to conferences convened \r\nby it, in one of the territories of a Member State shall not be considered as periods of residence for \r\nthe assessment of a tax, if the imposition of such a tax is consequent upon such period of residence. \r\n \r\n Article 13.—Immunities and privileges are accorded to the representatives of Member States, \r\nnot for their personal benefits, but in order to safeguard the independent exercise of their functions in \r\nconnection with the Organization. \r\n \r\n Consequently, Member States are under a duty to waive the immunity of its representatives \r\nin any case where that immunity would impede the course of justice and if it can be waived without \r\nprejudice to the purpose for which the immunity is accorded. \r\n \r\n Article 14.—The p rovisions of A rticles 10, 11 and 12 are not applicable as between a \r\nrepresentative and the authorities of the State of which he is a national, or the approval of the State \r\nconcerned. \r\n \r\n \r\nPage 6 of 9 \r\n \r\n Article 15.—The expression “representative” in this chapter shall be deemed to include \r\nall delegates of M embers States, their d eputies, advisers and technical experts and s ecretaries of \r\ndelegations. \r\n \r\n Article 16.—Permanent State representatives shall enjoy, during the period of their \r\nrepresenting their State in the organs of the Organization of the Islamic Conference, such immunities \r\nand privileges as are enjoyed by diplomatic envoys. \r\n \r\n Article 17.—The Secretary General shall notify Member States of the Organization, as \r\nwell as their permanent delegates and members of permanent committees. \r\n \r\nCHAPTER V \r\nOFFICIALS \r\n \r\n Article 18 —The Conference of the O rganization of the Islamic Con ference sh all \r\nspecify the categories of officials to which the provisions of Article 19 and the provisions of Chapter \r\nVII shall be applied, as submitted to it by the Secretary General, who will communicate to Member \r\nStates periodically a list containing the names of such officials and their respective functions. \r\n \r\n Article 19.—(I) Officials of the General Secretariat of the Organization of the Islamic \r\nConference shall, regardless of their nationality, enjoy the following immunities and privileges \r\n:— \r\n \r\n(a) Immunity from legal process, in respect of words spoken or written and all \r\nacts performed by them in their official capacity. \r\n \r\n(b) Exemption from taxation on their salaries and emoluments paid or to be paid \r\nto them by the organization. \r\n \r\n(c) Furthermore, officials of the General Secretariat other than the nationals of the \r\nhost country, shall enjoy: \r\n \r\n (1) Together with their spouses and relatives dependent on them, immunity from immigration \r\nrestrictions and aliens registration. \r\n (2) Facilities as accorded to diplomatic envoys of their ranks, accredited with the \r\nGovernment concerned, in respect of the regulations-relevant to exchange. \r\n \r\n (3) Facilities as accorded to diplomatic envoys, in times of international crisis, as \r\nregards their repatriation. \r\n \r\n (4) The right to import, free of duty, their furniture and effects, within a year from the time of \r\nfirst taking up their posts in the country in question. \r\n \r\n Article 20.—Further to the immunities and privileges provided for by the two p receding \r\narticles, the Secretary General, Assistant Secretary General and senior officials, together with their \r\nspouses and their minor children, shall enjoy immuniti es and privileges, whi ch are accorded, in \r\naccordance with international law, to diplomatic envoys, each according to his rank. \r\n \r\n \r\nPage 7 of 9 \r\n \r\n Article 21.—Immunities and privileges are accorded to officials to safeguard the \r\ninterests of the Organization and to enable it to accomplish its aims. The Secretary General has \r\nthe right and is under the duty to waive the immunity of officials of the General Secretariat, \r\nnot specified in the foregoing article, in any case where, in his opinion, the immunity would impede \r\nthe administration of justice and can be waived without prejudice to the interests of the \r\nOrganization. As to officials provided for in that article, the immunity is not to be waived except \r\nby approval of the Conference. \r\n \r\n Article 22.—The Organization shall cooperate, at all times, with the appropriate authorities of \r\nMember States, to ensure the p roper administration of justice, secure the obs ervance of police \r\nregulations and prevent the occurrence of any abuse, in connection with the immuniti es and \r\nprivileges mentioned in this chapter. \r\n \r\nCHAPTER VI \r\nEXPERTS \r\n \r\n Article 23.― Experts (other than officials coming within the scope of Chapter V) \r\nperforming missions for the Organization of the Islamic Conference shall be accorded, in execution \r\nof a resolution to be adopted by its Conference, such immunities and privileges, necessary for the \r\nfulfilment of that mission, more specifically: \r\n \r\n(a) Immunity from personal arrest or detention and from seizure of their personal \r\nbaggage except in emergency cases as decided by the concerned state upon \r\nconsultation with the Secretary General. \r\n \r\n(b) Immunity from legal process, even after termination of their mission, in \r\nrespect of words spoken or written and acts done by them in the course of the \r\nperformance of their mission. \r\n \r\n(c) Inviolability for all papers and documents of the Organization. \r\n \r\n(d) The same facilities in respect of currency of exchange restrictions, as \r\nare accorded to representatives of foreign States on temporary official \r\nmissions according to the laws in force in the concerned country. \r\n \r\n(e) The same immunities and facilities in respect of their personal baggages as are \r\naccorded to diplomatic envoys. \r\n \r\n(f) Immunity, together with their spouses and minor children, from \r\nimmigration restrictions and alien registration and the oblig ation concerning \r\nnational service. \r\n \r\n Article 24.—Immunities and privileges are granted to experts: in the interest of the \r\nOrganization. The Secretary General shall have the right and the duty to waive the immunity in any \r\ncase where, in his opinion, the immunity would impede the course of justice and it can be waived \r\nwithout prejudice to the interests of the Organization. \r\n \r\n \r\n \r\n \r\n \r\nPage 8 of 9 \r\n \r\nCHAPTER VII \r\nLAISSEZ-PASSER \r\n \r\n Article 25.—The G eneral Secretariat of the Organization of Islamic Conference may issue \r\nlaissez-passers to its officials. Those laissez-passers shall be recognised and accepted as valid \r\ntravel documents by Members States, taking into account the provisions of the two su cceeding \r\narticles. \r\n \r\n Article 26.—Visas are accorded to holders of laissez-passer at the request of the G eneral \r\nSecretariat, in which it is stated that they are officials, travelling on official business of the General \r\nSecretariat. \r\n \r\n Article 27.—The grant of visas shall be dealt with as speedily as possible. In addition, such \r\npersons shall be granted facilities for speedy travel. . \r\n \r\n Article 28.—Similar facilities to those specified in Article 27 shall be accorded to experts and \r\nofficials who, though not holders of Organization laissez-passer, have a certificate that they are \r\ntravelling on business for the Organization. \r\n \r\nCHAPTER VIII \r\nSETTLEMENT OF DISPUTES \r\n \r\n Article 29.—The Organization of the Islamic Conference shall establish an organ for \r\nsettling: \r\n \r\n(a) Disputes arising out of contracts, or other disputes of a private law character, \r\nto which the Organization is a party. \r\n(b) Disput es involving any official of the Organization, who, by reason of his \r\nofficial capacity, enjoys immunity, when immunity has not been waived in his \r\ncase. \r\nFINAL PROVISIONS \r\n Article 30.—Nothing under the provisions of this Agreement shall affect the authority of a \r\nMember State to take such measures as are deemed appropriate for the safety of its territory or the \r\nestablishment of security and maintenance of public order. \r\n \r\n Any State deeming necessary the taking of such steps, shall hasten to contact the General \r\nSecretariat, as circumstances will permit, in order to agree upon the m easures w arranting the \r\nsafeguarding of the interests of the Organization. \r\n \r\n Article 31—The Immunity w henever provided in this Convention either clearly or \r\ninclusively-means official immunity and not personal. \r\n \r\n Article 32—The Secretary General shall submit this Convention to Member States of the \r\nOrganization for accession thereto. \r\n \r\n \r\nPage 9 of 9 \r\n \r\n Article 33—This Convention shall become binding on the respective State as from the date of \r\nthe deposit of the instruments of accession by that State with the General Secretariat. The Secretary \r\nGeneral shall inform all Member States of the Organization of the deposit of each accession. \r\n \r\n Article 34.—The accession of any M ember State to this Convention means that it has \r\naccomplished the Constitutional processes to render this Agreement part of its internal legislation. \r\n \r\n Article 35.—This Convention shall remain binding on each acceding State, as long as it \r\nremains a Member State of the Organization. \r\n \r\n Article 36.—The Organization of the Islamic Conference may conclude suppl ementary \r\nagreements for proper application of the provisions of this Convention, within the t erritories of \r\nMember States. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n Last Uploaded on 22.9.2023", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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