Agreement between OAS and Peru on the privileges and immunities of observers of the general elections of 11 April 2021

The Agreement, concluded between the General Secretariat of the Organization of American States and the Government of Peru, regulates the privileges and immunities of OAS observers of the general elections of 11 April 2021

The property and assets of the OAS Observer Group, wherever situated in the territory of the Republic of Peru and by whomsoever held, shall enjoy immunity from every form of legal process, except insofar as in any particular case for which the Secretary General of OAS has expressly waived such immunity (Article 2).

During the period when they are carrying out their duties in Peruvian territory and during their journeys to and from the Republic of Peru, the Observers shall enjoy Immunity from all administrative or judicial proceedings in respect of all acts performed and words spoken or written in the performance of their duties (Article 7).

The Observers shall cooperate with the competent authorities of the Republic of Peru to prevent any abuse of the privileges and immunities granted. Similarly, the competent authorities of the Republic of Peru shall make every effort to facilitate the cooperation requested of them by the Observers (Article 10). The Secretary General of OAS shall waive the Observers’ privileges and immunities if he or she judges that the exercise of these privileges and immunities may impede the course of justice, and that they can be waived without prejudice to the interests of OAS (Article 13).

The Government and the Secretary General shall take such steps as may be necessary to achieve an amicable settlement for the proper resolution of: (a) Disputes arising out of contracts or other private law issues; (b) Disputes to which any of the Observers is a party and which relate to matters in respect of which they enjoy immunity (Article 12).