Sixth Committee (Legal) — 72nd session

Report of the Committee on Relations with the Host Country (Agenda item 166)

Documentation

Summary of work

Background (source: A/72/100)

At its twenty-sixth session, in 1971, the General Assembly established the Committee on Relations with the Host Country and decided to include the item in the provisional agenda of its twenty-seventh session (resolution 2819 (XXVI)).

The General Assembly considered this item at its twenty-seventh to seventy-first sessions (resolutions 3033 (XXVII), 3107 (XXVIII), 3320 (XXIX), 3498 (XXX), 31/101, 32/46, 33/95, 34/148, 35/165, 36/115, 37/113, 38/140, 39/87, 40/77, 41/82, 42/210, 42/229, 42/230, 42/232, 43/48, 43/49, 43/172, 44/38, 45/46, 46/60, 47/35, 48/35, 49/56, 50/49, 51/163, 52/159, 53/104, 54/104, 55/154, 56/84, 57/22, 58/78, 59/42, 60/24, 61/41, 62/72, 63/130, 64/120, 65/35, 66/108, 67/100, 68/120, 69/128, 70/121 and 71/152).

The Committee is currently composed of the following 19 Member States: Bulgaria, Canada, China, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, France, Honduras, Hungary, Iraq, Libya, Malaysia, Mali, Russian Federation, Senegal, Spain, United Kingdom of Great Britain and Northern Ireland and United States of America.

At its seventy-first session, the General Assembly endorsed the recommendations and conclusions of the Committee on Relations with the Host Country contained in its report. It requested the host country to consider removing the remaining travel restrictions imposed by it on staff of certain missions and staff members of the Secretariat of certain nationalities. The Assembly also requested the Secretary-General to remain actively engaged in all aspects of the relations of the United Nations with the host country and recalled that the Secretary-General might bring to the Committee’s attention issues of mutual concern relating to the implementation of the Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations. The Assembly requested the Committee to continue its work in conformity with resolution 2819 (XXVI) and, in this framework, to continue to consider additional appropriate measures to enhance its work and effectiveness (resolution 71/152).

Consideration at the seventy-second session

The Sixth Committee considered the item at its 27th and 30th meetings on 2 and 10 November 2017 (see A/C.6/72/SR.27 and 30). The Chair of the Committee on Relations with the Host Country introduced the report of the Committee (A/72/26).

Statements were made by the representatives of the European Union, also on behalf of its member States (the candidate countries the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania; the country of the Stabilization and Association Process and potential candidate Bosnia and Herzegovina, the country of the European Free Trade Association Liechtenstein, member of the European Economic Area, as well as Ukraine, the Republic of Moldova and Georgia, aligned themselves with the statement), the Russian Federation [in English], the Sudan, the Syrian Arab Republic, Cuba, Bangladesh, the Islamic Republic of Iran, China [in English], Nicaragua, Belarus and the United States. The representative of the Russian Federation made a further statement.

The conclusions and recommendations formulated by the Committee were endorsed, with some delegations noting its essential role as a forum addressing the full range of issues concerning the relationship between the host country and the United Nations community. Appreciation of the host country’s efforts to accommodate the needs of the diplomatic community in various areas, including the timely issuance of visas and obtaining suitable banking services necessary for the effective functioning of the missions, was also expressed. The importance of the observance of diplomatic privileges and immunities in light of the relevant rules of international law was underlined.

Concern was expressed over alleged restrictions on movements of some international civil servants and diplomats accredited to the United Nations, including secondary screening procedures, with some delegations stressing that this was contrary to the Headquarters Agreement and to the customary rules of diplomatic law. Concern was also expressed in relation to banking issues as well as alleged restrictions arising from the bilateral relations of the Host country in relation to the security of missions, their premises and the safety of their personnel. Efforts of the host country to accelerate customs and immigration procedures were noted. Some delegations also highlighted that the realization of the principle of sovereign equality of all Member States of the United Nations depended on the equal representation in the United Nations. The role of the Secretary-General in the implementation of the provisions of the Headquarters Agreement was stressed with reference to the General Assembly resolution 2819 (XXVI).

Action taken by the Sixth Committee

At the 30th meeting, on 10 November 2016, the representative of Cyprus, on behalf of the Bureau, introduced the draft resolution entitled “Report of the Committee on Relations with the Host Country” (A/C.6/72/L.20).

At the same meeting, the Committee adopted draft resolution A/C.6/71/L.20 without a vote.

Under the draft resolution, the General Assembly would, inter alia:  consider that the maintenance of appropriate conditions for the normal work of the delegations and the missions accredited to the United Nations and the observance of their privileges and immunities, which cannot be subject to any restrictions arising from the bilateral relations of the host country, are in the interest of the United Nations and all Member States; request the host country to continue to solve, through negotiations, problems that might arise and to take all measures necessary to prevent any interference with the functioning of missions; urge the host country to continue to take appropriate action, such as training of police, security, customs and border control officers, with a view to maintaining respect for diplomatic privileges and immunities; takenote of the alleged violations of the privileges and immunities applicable to the premises of the permanent missions to the United Nations enjoyed under international law, and the obligations of the host country to observe such privileges and immunities by the host country and of the concerns expressed thereon and urge the host country to address such alleged violations and to remove any restrictions inconsistent with those privileges and immunities applied to the premises of a Permanent Mission, and in that regard ensure respect for such privileges and immunities; request the host country to consider removing the remaining travel restrictions imposed by it on staff of certain missions and staff members of the Secretariat of certain nationalities; note the concerns expressed by some delegations concerning the denial and delay of entry visas to representatives of Member States; and note with concern the difficulties experienced by some Permanent Missions to the United Nations in obtaining suitable banking services, and stress the need for the Permanent Missions and the United Nations to benefit from appropriate banking services, anticipating that the host country will continue to assist the Permanent Missions accredited to the United Nations and their staff in obtaining such services. The General Assembly would also, inter alia, request the Secretary-General to remain actively engaged in all aspects of the relations of the United Nations with the host country and recall that the Secretary-General may bring to the attention of the Committee issues of mutual concern relating to the implementation of the Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations; and request the Committee to continue its work in conformity with General Assembly resolution 2819 (XXVI). The General Assembly would also decide to include the item entitled “Report of the Committee on Relations with the Host Country” in the provisional agenda of its seventy-third session.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-third session (2018).

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