Garcia Lamus v. United Nations Population Fund

The instant constitutional proceeding originated from a civil law dispute between Mr Garcia Lamus and the Colombian Office of the United Nations Population Fund (UNFPA). At the merit stage of the dispute, national courts recognized that the respondent organization, as a subsidiary agency of the United Nations, enjoyed immunity from legal process.

The Constitutional Court confirmed the immunity of the UNPFA in the instant case. However, the Court underlined that the UNFPD is not absolute. In particular, the Court affirmed that “when a Colombian national or permanent resident enters into a contract with a subject of international law, the scope of the latter’s jurisdictional immunity depends on the legal nature—labor or civil—of the contract.” Following this reasoning, the Court held that national courts can exercise their jurisdiction over employment disputes. By contrast, the scope of immunity of international organizations, as international subjects, include disputes arising from commercial relationships.