GOPAC Policy Positions on Parliamentary Immunity

Policy Statement

• The legitimate purpose of immunity is to allow legislators to fulfill their role in legislation, supervision and representation without fear of criminal or civil penalties, including those that could hide political motives.
• Freedom of expression and vote (non-liability) are essential rights and duties of parliamentarians in democratic societies. The use of freedom of expression for defamatory purposes should be discouraged.
• Freedom from arrest – inviolability – is only justifiable where it is used to protect the effectiveness of parliament, as a corporate body that reflects the electoral distribution of majorities and minorities from politically motivated prosecution. Inviolability is not justifiable as a personal privilege, and should not shield criminal acts as defined in national laws and multilateral international and regional anti-corruption treaties. ¹
• Parliamentary immunity should be limited to the electoral term and to the parliamentary precinct, unless there are clearly justified special reasons for extension in a particular country.
• Institutional public outreach should be encouraged: the general public should be informed and educated about the provisions on parliamentary immunity and its legitimate purpose.
• Where the investigation of a parliamentarian requires authorization from Parliament, there should be clear parameters to ensure a depoliticized process to protect a member from politically motivated prosecutions while at the same time ensuring parliamentarians are held accountable before the law without delay.

Kuwait Resolution, November 2008

Arusha Resolution, September 2006 - Codes of Conduct

 

¹ It may provide parliamentarians with protection in countries where there are doubts about the impartiality of the judiciary system and the courts, or where the legislature is seen as dominated by an over powerful executive.