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

Act· 1977· 9 pages
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Summary

This 1977 Act gives legal force in Pakistan to an international agreement on the immunities and privileges of the Organization of the Islamic Conference (OIC, now the Organisation of Islamic Cooperation), which Pakistan had ratified. Section 2 makes the Agreement, reproduced in the Schedule to the Act, binding as Pakistani law, overriding anything inconsistent in other laws. Section 3 says that if there is ever a dispute about whether someone is entitled to immunity or privileges under the Act, a certificate from the Federal Government stating the relevant facts is treated as conclusive proof. Section 4 lets the Federal Government update the Schedule by notification whenever the underlying international Agreement itself is amended.

The Schedule (the Agreement itself) sets out in detail what immunities and privileges apply. The OIC as an organization gets legal personality, immunity of its property and assets from legal process and from search or seizure, inviolability of its archives, freedom to hold and transfer funds, and exemption from most direct taxes and customs duties on official imports (Articles 1-9). Representatives of member states attending OIC meetings get immunity from arrest and legal process related to their official statements and acts, inviolability of their papers, exemption from immigration restrictions while on OIC business, and treatment similar to diplomatic envoys, though member states retain a duty to waive that immunity if it would obstruct justice (Articles 10-17). OIC officials get immunity for official acts and exemption from tax on their OIC salary, with senior officials (Secretary General, Assistant Secretary General) receiving full diplomatic-style immunities (Articles 18-22). Experts performing OIC missions get similar but more limited immunities tied specifically to their mission work (Articles 23-24), and OIC officials may travel on OIC-issued "laissez-passer" travel documents that member states must recognise (Articles 25-28).

The Agreement is careful to state that all these immunities exist to protect the OIC's ability to function, not to benefit individuals personally, and that member states can and should waive immunity where it would obstruct justice and it is safe to do so (Article 13, 21, 24). Article 30 preserves each member state's authority to take measures necessary for its own security and public order.

Key topics

diplomatic immunityOrganization of the Islamic Conferenceinternational agreementstax and customs exemptions for international bodiesrepresentative and official privileges

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