(Ed. note: This statement was issued on 4 September 1998 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 U.N. Economic and Social Council (ECOSOC) adopted by consensus a welcome decision to request an advisory opinion from the International Court of Justice (ICJ) 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 240,000, which is equivalent to approximately US,150.

We are concerned that the decision of the ECOSOC has been ignored. It is essential that Malaysian courts do not pre-judge issues which are at this stage before the 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 U.N. human rights mechanism. We thus welcome the measures taken by the U.N. 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 ECOSOC for referral to the ICJ 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 Convention on the Privileges and Immunities of the United Nations. We also urge the government of Malaysia to respect the decision of the ECOSOC.