Sixth Committee (Legal) — 77th session

Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (Agenda item 82)

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Documentation

Summary of work

Background (source: A/77/100)

The item entitled “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives” was included in the agenda of the thirty-fifth session of the General Assembly at the request of Denmark, Finland, Iceland, Norway and Sweden (A/35/142).

The Assembly had the item on its agenda annually at its thirty-fifth to forty-third sessions, and biennially thereafter (resolutions 35/168, 36/33, 37/108, 38/136, 39/83, 40/73, 41/78, 41/79, 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, 67/94, 69/121, 71/145, 73/205 and 75/139).

At its seventy-fifth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 15 delegations (see A/C.6/75/SR.16). The Assembly requested the Secretary-General to submit to it at its seventy-seventh 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 75/139).

Consideration at the seventy-seventh session

The Sixth Committee considered the item at its 17th, 18th, 32nd and 34th meetings, on 18 and19 October and on 3 and 7 November 2022 (see A/C.6/77/SR.17, 18, 32 and 34). For its consideration of the item, the Committee had before it the report of the Secretary-General (A/77/208).

During the general debate on the item, statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement), European Union (also on behalf of its member States (the candidate countries Montenegro, Serbia, Albania, Ukraine and the Republic of Moldova, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Georgia, Andorra and Monaco, aligned themselves with the statement)), the Bolivarian Republic of Venezuela [in English] (on behalf of Group of Friends in Defense of the Charter of the United Nations), Finland (on behalf of the Nordic Countries (Finland, Denmark, Iceland, Norway, Sweden)), the Islamic Republic of Iran, Belarus, the United States of America, Mexico, Egypt, China, El Salvador, Slovakia, Romania, Cuba, Sierra Leone, Cameroon, the Russian Federation, Equatorial Guinea, Ghana, Japan, Belgium, Algeria, Brazil, Eritrea, Türkiye, Azerbaijan, the Netherlands and Nigeria. The representative of Iraq spoke in the exercise of the right of reply.

Delegations generally welcomed the Secretary-General’s report on the topic (A/77/208) and highlighted the importance of the reporting mechanism established by the resolutions adopted by the General Assembly on this topic over the years. It was reiterated that an obligation to protect foreign emissaries had existed in the legal systems of all cultures. The immunities thus enshrined in international law were a cornerstone of friendly international relations among States and were aimed to protect channels of communications between States.

Delegations generally urged States to strictly observe and enforce relevant customary international law and treaty law, including the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations. They stressed the need for those States that had not already done so to become parties to the relevant international instruments.

States were also urged to take into account their special duties as receiving states, to investigate violations and to engage in a dialogue with diplomatic and consular missions. Several delegations provided information on specific incidents involving their diplomatic and consular missions and representatives, as well as measures they had taken in relation to incidents occurring in their territory. In this regard, concern was expressed regarding the number of such incidents, and delegations generally condemned attacks on diplomatic and consular missions.
A number of delegations reiterated the need to 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, offline and online.

In relation to the coronavirus disease (COVID-19) pandemic, several delegations emphasized that the duty to respect local law under the Vienna Conventions on Diplomatic and Consular Relations had to be balanced with preserving, to the extent possible and reasonable, the exercise of diplomatic and consular functions and the enjoyment of privileges and immunities of diplomatic and consular representatives. A call was made for States to ensure that their pandemic response measures were in compliance with their relevant international law obligations.

Archived videos and summaries of plenary meetings

Video   17th meeting (18 October 2022, 10:00am – 1:00pm) | Summary

Video   18th meeting (19 October 2022, 3:00pm – 6:00pm) | Summary

Video   32nd meeting (3 November 2022, 10:00am – 1:00pm) | Summary

Video   34th meeting (7 November 2022, 10:00am – 1:00pm) | Summary


Action taken by the Sixth Committee

At the 32th meeting, on 3 November, the representative of Finland, also on behalf of the sponsors, introduced the draft resolution contained in A/C.6/77/L.6 and announced that Estonia, Ireland, Lesotho and Luxembourg had joined in sponsoring the draft resolution.

At the 34th meeting, on 7 November, the representative of Finland announced that Azerbaijan, Canada, Latvia and Lithuania had joined in sponsoring the draft resolution A/C.6/77/L.6. At the same meeting, the Committee adopted draft resolution A/C.6/77/L.6 without a vote.

Under the terms of the draft resolution, the General Assembly would, inter alia, strongly condemn all acts of violence against diplomatic and consular missions and representatives, as well as against missions and representatives to international intergovernmental organizations and officials of such organizations, and emphasize that such acts can never be justified. The Assembly would also urge States to strictly observe, implement and enforce, including during a period of armed conflict, all the applicable principles and rules of international law. In addition, the Assembly would urge States to strictly comply with the applicable rules of international law governing the protection and inviolability of premises of diplomatic missions, consular premises and premises of permanent missions with diplomatic status to international intergovernmental organizations.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-ninth session (2024).

Full text of reports (A/77/208)

State Original report Translation
Austria English  
Azerbaijan English  
Belgium French English
Colombia Spanish English
Spanish English
Cuba Spanish English
Ecuador Spanish  
El Salvador Spanish English
Finland English  
Greece English  
English  
Iran English  
Iraq Arabic English
Malaysia English  
Norway English  
Peru Spanish English
Philippines English  
Poland English  
Qatar Arabic English
Russian Federation Russian English
English  
Slovenia English  
Sweden English  
Venezuela Spanish English
Spanish English
Spanish English
Spanish English

Full text of reports (A/79/...)

State Original report Translation
Azerbaijan English  
English  
Belarus Russian English
Moldova English  
Romania English  

 

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