UNFCCC Secretariat Releases Australia’s Submission on Privileges and Immunities

© UNFCCC29 April 2009: The UNFCCC Secretariat has released an addendum (FCCC/SBI/2009/MISC.5/Add.1) to a document on appropriate treaty arrangements relating to privileges and immunities for individuals serving on constituted bodies established under the Kyoto Protocol (FCCC/SBI/2009/MISC.5). The document contains a submission from Australia stating that it shares other parties' concerns with the limited immunities accessible to persons serving on Kyoto Protocol bodies, particularly immunity from legal action.

Australia states that the Protocol provisions should confer immunities on persons serving as members and alternates of bodies constituted under the Kyoto Protocol. It suggests that provisions should confer on such persons immunity from suit and from other legal processes in respect of acts and activities carried out in serving on the bodies, participating in their work or performing missions for the bodies. The immunity should continue to be accorded notwithstanding that the persons are no longer members or alternate members of the constituted bodies.

Australia further states that provisions should confer on the UNFCCC Executive Secretary the right and the duty to waive the immunity of any person serving on a constituted body in any case where, in his/her opinion, the immunity would impede the course of justice and could be waived without prejudice to the interests of the Protocol. [The document]