Sixth Committee (Legal) — 71st session
Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (Agenda item 82)
- Authority: resolution 69/121
Documentation
Summary of work
Background (source: A/71/100)
This item was included in the agenda of the thirty-fifth session of the General Assembly, in 1980, at the request of Denmark, Finland, Iceland, Norway and Sweden (A/35/142).
The General Assembly considered the item annually at its thirty-sixth to forty-third sessions, and biennially thereafter (resolutions 36/33, 37/108, 38/136, 39/83, 40/73, 41/78, 42/154, 43/167, 45/39, 47/31, 49/49, 51/156, 53/97, 55/149, 57/15, 59/37, 61/31, 63/126, 65/30 and 67/94).
At its sixty-ninth session, the General Assembly requested the Secretary-General to submit to the Assembly at its seventy-first session a report containing information on the state of ratification of and accessions to the instruments relevant to the protection, security and safety of diplomatic and consular missions and representatives and a summary of the reports received from States on serious violations involving diplomatic and consular missions and representatives and actions taken against offenders, as well as of the views of States with respect to any measures needed or already taken to enhance the protection, security and safety of diplomatic and consular missions and representatives (resolution 69/121).
Consideration at the seventy-first session
The Sixth Committee considered the item at its 11th, 30th and 32nd meetings, on 10 October, 3 November and 7 November 2016 (see A/C.6/71/SR.11, 30 and 32). For its consideration of the item, the Committee had before it the reports of the Secretary-General (A/71/130 and Add.1).
During the general debate on the item, statements were made by the representatives of the Dominican Republic (on behalf of the Community of Latin American and Caribbean States (CELAC)), the European Union (also on behalf of its Member States; The candidate countries Turkey, the former Yugoslav Republic of Macedonia, Montenegro, Serbia, and Albania, the country of the Stabilisation and Association Process and potential candidate country Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova, and Georgia aligned themselves with the statement), Finland (on behalf of the Nordic countries), Cuba, Brazil, the Russian Federation, Sri Lanka, Ethiopia, Bangladesh, Algeria, the United States of America, Venezuela (Bolivarian Republic of), El Salvador, Eritrea, Saudi Arabia, China [in English], Morocco and Iran (Islamic Republic of).
Delegations welcomed the Secretary-General’s report on the topic (A/71/130 and Add.1). Some delegations again encouraged States to report any violations as a means of raising awareness on the issue. Delegations denounced continuing acts of violence against the security and safety of diplomatic and consular missions and their representatives and urged States to respect their obligations under international law and to take all the necessary measures in order to protect the diplomatic and consular missions and the representatives within their territories, given that such protection was central to international relations. They also stressed the need for those States that have not already done so to become parties to the relevant international conventions. Several delegations highlighted the particular threats posed by terrorist and other armed groups to diplomatic and consular missions, while some other delegations referred to the need to protect missions and representatives of international organizations. Several delegations provided information on specific incidents involving their diplomatic and consular missions and representatives that had occurred.
Some delegations stressed the special obligations and responsibilities that host countries have in protecting diplomatic and consular missions. Delegations provided information on measures taken at the national level to comply with their host country obligations. A number of delegations emphasized the need for and responsibility of receiving States to take preventive measures before attacks on diplomatic missions occurred, with some other delegations stressing that preventive measures must change to keep pace with evolving threats.
Several delegations emphasized that international cooperation was important to assist in the prevention of future attacks, in particular through the exchange of information, with some other delegations underlining that all disputes regarding compliance with international obligations be resolved with peaceful means and all actors should refrain from the threat and use of force.
Several delegations stressed the need to hold perpetrators of attacks on diplomatic and consular missions and representatives accountable and to bring them to justice. It was reaffirmed that the sending state should be entitled to obtain prompt compensation for loss or injury suffered as a result of the failure of receiving States to fulfil their obligations stipulated in the Vienna Convention on Diplomatic Relations; the importance of respecting the laws of receiving States was pronounced once more.
Some delegations reiterated their concern about the effects that State surveillance and the interception of their communications have on their diplomatic functions. A number of delegations restated their view that the General Assembly should address new challenges in the digital era, and highlighted the need to ensure the respect for diplomatic and consular immunities – including those of archives, documents and communications. The concern was raised again regarding certain States using their diplomatic and consular missions as surveillance posts in host countries.
Action taken by the Sixth Committee
At the 30th meeting, on 3 November, the representative of Finland, on behalf of Algeria, Australia, Austria, Belgium, Brazil, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Gabon, Germany, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova, Slovakia, Sweden, Switzerland, Turkey and the United Kingdom of Great Britain and Northern Ireland, subsequently joined by Greece and Hungary, introduced a draft resolution entitled “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives” (A/C.6/71/L.18). At the 32nd meeting, on 7 November, the Committee adopted draft resolution A/C.6/71/L.18 without a vote.
Under this draft resolution, the General Assembly would urge States to strictly observe, implement and enforce, including during a period of armed conflict, all the applicable principles and rules of international law governing diplomatic and consular relations, including those relating to inviolability. The General Assembly would request the Secretary-General to submit to the Assembly at its seventy-third session a report containing information on the state of ratification of and accessions to the instruments relevant to the protection, security and safety of diplomatic and consular missions and representatives; and a summary of the reports received from States on serious violations of the protection, security and safety of diplomatic and consular missions and representatives as well as missions and representatives with diplomatic status to international intergovernmental organizations and actions taken against offenders, as well as of the views of States with respect to any measures needed to enhance the protection, security and safety of diplomatic and consular missions and representatives as well as missions and representatives with diplomatic status to international intergovernmental organizations. The General Assembly would urge States to report to the Secretary-General in a concise and expeditious manner and in accordance with the guidelines prepared by the Secretary-General, on measures taken to bring the offender to justice and to communicate, in accordance with its laws, the final outcome of the proceedings against the offender, and to report on measures adopted with a view to preventing a repetition of such violations.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-third session (2018).
Full texts of reports (A/71/130 + Add.1)
| State | Original report | Translation |
|---|---|---|
| Belgium | French | English |
| El Salvador | Spanish | English |
| Finland | English | |
| Iran (Islamic Republic of) | English | |
| English | ||
| Lebanon | English | |
| Qatar | Arabic | English |
| Russian Federation | Russian | English |
| Serbia | English |
