Sixth Committee (Legal) — 78th session
Report of the Committee on Relations with the Host Country (Agenda item 161)
- Authority: resolution 77/114
Documentation
- A/78/26 — Report of the Host Country Committee
- A/C.6/78/L.11 — Draft resolution
Summary of work
Background (source: A/78/100)
At its twenty-sixth session, the General Assembly established the Committee on Relations with the Host Country and decided to include the item entitled “Report of the Committee on Relations with the Host Country” in the provisional agenda of its twenty-seventh session (resolution 2819 (XXVI)).
The Assembly has had the item on its agenda annually since its twenty-seventh session (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 A and B, 42/229 A and B, 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, 71/152, 72/124, 73/212, 74/195, 75/146, 76/122 and 77/114).
At present, the Committee is 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-seventh session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 12 delegations (see A/C.6/77/SR.34). The Assembly requested the Committee to continue its work in conformity with resolution 2819 (XXVI) and, in that framework, to continue to consider additional appropriate measures to enhance the work of the Committee and its effectiveness and to make recommendations in its report to the Assembly at its seventy-eighth session (resolution 77/114).
Consideration at the seventy-eighth session
The Sixth Committee considered the item at its 35th and 37th meetings, on 6 and 17 November 2023 (see A/C.6/77/SR.35 and 37). The Chair of the Committee on Relations with the Host Country introduced the report of the Committee (A/78/26).
Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement), the European Union (also on behalf of its member States, the candidate countries North Macedonia, Montenegro, Serbia, Albania, the Republic of Moldova and Bosnia and Herzegovina, the potential candidate country Georgia, as well as Andorra aligned themselves with the statement), the Bolivarian Republic of Venezuela (on behalf of the Group of Friends in Defense of the Charter of the United Nations), Singapore, the Islamic Republic of Iran, Belarus, the Russian Federation, Cuba [in English], China, the Syrian Arab Republic, Sudan and the United States of America.
The conclusions and recommendations formulated by the Committee were endorsed, with some delegations noting the important role of the Committee in handling a variety of matters on relations with the host country.
It was emphasized that the observance of privileges and immunities of diplomatic personnel was an issue of great importance which was based on solid legal principles. The necessity to preserve multilateralism and safeguard the integrity of the relevant body of international law, particularly the Headquarters Agreement between the United Nations and the Host Country, the Vienna Convention on Diplomatic Relations and the Convention on the Privileges and Immunities of the United Nations was underlined. Some delegations emphasized that there was no room for application of measures based on reciprocity in the treatment accorded to permanent missions accredited to the United Nations in New York.
Appreciation of the host country’s efforts to accommodate the needs, interests and requirements of the diplomatic community in various areas was also expressed. Some delegations noted the progress achieved in resolving some of the issues pending before the Committee.
Concern was voiced over the remaining travel and movement restrictions imposed by the Host Country on staff of certain missions and staff members of the Secretariat of certain nationalities. The Host Country was called upon to take all necessary measures to remove all remaining travel restrictions without delay. A concern was also raised about the secondary screening procedure imposed by the Host Country against representatives of certain Member States. At the same time, the easing of travel restrictions on two permanent missions as well as the modification of restrictions for Secretariat staff by increasing authorized ports-of-entry by the Host Country were welcomed.
Concern was also expressed in relation to the non-issuance of entry visas or the issuance of single-entry visas to certain representatives of certain Member States and other difficulties experienced by some permanent missions in obtaining visas, as well as restrictions in relation to the permanent missions, their premises and their personnel. The actions taken by the Host Country in 2023 that led to a relative reduction in processing times of visas for certain delegations, as well as a relative decrease in the percentage of visas that not being issued, were welcomed.
The existing restrictions were considered by some delegations as politically motivated, arbitrary and discriminatory in nature. A call was made to treat the outstanding issues, in particular visa-related ones, with priority. The increased active engagement of the Legal Counsel, as well as that of the Secretary General himself, with the authorities of the Host Country and concerned Permanent Missions was welcomed.
The Secretary-General was called upon to ensure that the Host Country strictly and fully complied with the provisions of the Headquarters Agreement and to consider and take any appropriate steps under section 21 of the Headquarters Agreement.
Archived videos and summaries of plenary meetings
35th meeting (6 November 2023, 10:00am – 11:30am) | Summary
37th meeting (17 November 2023, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 37th meeting, on 17 November, the representative of Cyprus, also on behalf of the sponsors, introduced a draft resolution entitled “Report of the Committee on Relations with the Host Country” (A/C.6/78/L.11).
At the same meeting, the Committee adopted draft resolution A/C.6/78/L.11 without a vote.
Under the draft resolution, the General Assembly would, inter alia, strongly urge the host country to remove all travel restrictions imposed by it on staff of certain missions and staff members of the Secretariat of certain nationalities; express serious concern regarding multiple cases of denial and non-issuance of entry visas, including in particular to delegates participating in high-level events and in the work of the Main Committees at the seventy-seventh session of the General Assembly; anticipate that the host country will ensure the issuance of entry visas to all representatives of Member States and members of the Secretariat pursuant the Headquarters Agreement; and reiterate its request to the Secretary-General to now give most serious consideration and take any appropriate steps under section 21 of the Headquarters Agreement and to intensify efforts to expedite resolution of the issues.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-ninth session (2024).
