LEGAL COMMITTEE TAKES UP REPORT ON HOST COUNTRY RELATIONS, CONTINUES CONSIDERATION OF UN ASSISTANCE IN INTERNATIONAL LAW MATTERS
Press Release
GA/L/2893
LEGAL COMMITTEE TAKES UP REPORT ON HOST COUNTRY RELATIONS, CONTINUES CONSIDERATION OF UN ASSISTANCE IN INTERNATIONAL LAW MATTERS
19951120 Draft on Law Commission Introduced; Legal Counsel Describes Treaties' Transfer to Digital FormatResolution of the problem of diplomatic indebtedness was of the greatest importance for good relations between the diplomatic community, the United Nations and the authorities and people of host countries, the representative of Spain, speaking on behalf of the European Union, told the Sixth Committee (Legal) this afternoon as it took up the Report of the Committee on Relations with the Host Country.
The Chairman of the Host Country Committee, Nicos Agathocleous (Cyprus), introduced the report, which deals with the security of missions and their personnel, host country travel regulations, financial indebtedness of permanent missions and the use of motor vehicles.
As the Committee continued its consideration of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, the representative of Chile said the Academy of International Law at the Hague would benefit from the provision of additional funds through voluntary contributions.
Also this afternoon, Sixth Committee Chairman Tyge Lehmann (Denmark) introduced his draft resolution on the report of the International Law Commission. By that draft, the General Assembly would urge the Commission at its next session to complete the second reading of the draft code of crimes against the peace and security of mankind and the first reading of the draft articles on State responsibility. The Commission would also be urged to complete its first reading of the draft articles on activities causing transboundary harm and to continue work on the topics of reservations to treaties and State succession.
Finally this afternoon, United Nations Legal Counsel Hans Corell described the transfer of multilateral treaties on deposit with the Organization to digital format for distribution by optical disk and through the Internet.
The Sixth Committee will meet again at 10 a.m. tomorrow, 21 November, to continue its consideration of the report of the Committee on Host Country Relations.
Committee Work Programme
The Sixth Committee (Legal) met this afternoon to consider the report of the Committee on Relations with the Host Country (document A/50/26). The report indicates that during its five meetings between March and November 1995 the Committee's discussion centred on the question of security of missions and their personnel, host country travel regulations, the problem of financial indebtedness of missions, and the use of motor vehicles and parking.
In its recommendations and conclusions, the Committee expressed appreciation to the host country for its efforts on behalf of the security of the missions accredited to the United Nations and the safety of their personnel, and anticipated that it would continue to take all measures to prevent any interference with the function of missions. The Committee also expressed the hope that remaining travel restrictions issued by the host country with regard to personnel of certain missions and staff members of the Secretariat of certain nationalities would be removed as soon as possible.
The Committee stressed the importance of its Working Group on financial indebtedness, an issue which, it said, had tarnished the image of the United Nations and its Members in New York, and which had impaired the ability of some missions and diplomats to obtain services and suitable accommodation. It recommended that the Assembly adopt proposals of the Working Group -- among them that heads of mission who foresee that funds for the financing of the mission will not suffice should notify the head of the mission of the host State and take action to minimize the damage to third parties. Heads of mission that are informed that members of their staff do not fulfil their contractual obligations and incur debts should take measures to ensure that unpaid debts are promptly settled in full.
The mission of the host State should regularly forward to the Office of Legal Affairs information on undisputed debts, according to the Working Group recommendations. In cases where the debts of missions or individual diplomats have not been settled following bilateral contacts between the debtor and the representatives of the host country, the mission of the host country may request the Secretary-General to convey to the head of the mission concerned that there are legal and moral obligations to settle undisputed debts.
The Committee further recommended that the permanent missions, their personnel and Secretariat staff members meet their financial obligations promptly and in full.
The Committee also called upon the host country to review measures and procedures relating to the parking of diplomatic vehicles, with a view to resolving the parking problem and responding to the growing needs of the
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diplomatic community in that regard. It noted with appreciation the measures taken by the host country to accelerate immigration and customs procedures for diplomatic personnel.
Regarding the security of missions and the safety of their personnel, the Committee discussed the presence of demonstrators outside the permanent mission of Cuba. The representative of Cuba described travel restrictions placed on mission personnel attending a fiftieth anniversary commemorative event in San Francisco.
In discussion of the financial indebtedness of diplomatic missions, the United Nations Legal Counsel expressed the opinion that proposals for creating an emergency fund administered by the Secretariat, and of creating temporary employment in the Secretariat for mission personnel facing emergencies were not workable. The representative of the United States observed that as of 30 May 1995, 31 permanent missions owed slightly more than $9 million in debts.
On other matters, the representative of China discussed the matter of the relocation of the Chinese mission.
From November 1994 to the beginning of September 1995, Alecos Shambos (Cyprus) served as Chairman of the Committee. On 22 September 1995, he was succeeded by the newly appointed Permanent Representative of Cyprus to the United Nations, Nicos Agathocleous. The representatives of Bulgaria, Canada and Côte d'Ivoire continued to serve as Vice-Chairmen, and Mrs. Emilia Castro de Barish (Costa Rica) as Rapporteur.
The members of the Committee on Relations with the Host Country are: Bulgaria, Iraq, Canada, Mali, China, Russian Federation, Costa Rica, Senegal, Côte d'Ivoire, Spain, Cyprus, United Kingdom, France, Honduras and the United States of America.
The Sixth Committee also had before it a 17 March 1995 letter to the Secretary-General from the Permanent Representative of Iraq (document A/50/112) stating that the host country had refused an entry visa for Barzan Ibrahim Al-Tikriti, Permanent Representative of Iraq to the United Nations Office at Geneva. Mr. Al-Tikriti had wished to take part in a high-level Iraqi delegation to the Security Council headed by Tariq Aziz, Deputy Prime Minister of Iraq.
The Sixth Committee was also expected to complete its consideration of issues related to the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The Programme is related to the United Nations Decade of International Law (1990- 1999). The purposes of the Decade are to promote the principles of international law and methods for the peaceful settlement of inter-State disputes; encourage the progressive development and codification of
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international law; and encourage the teaching, study, dissemination and wider appreciation of international law. (For detailed background, see Press Release GA/L/2889 of 14 November.)
On the question of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wide Appreciation of International Law, DON SANTIAGO BENADAVA (Chile) said the Academy of International Law at the Hague would benefit from the provision of additional funds through voluntary contributions. He welcomed the updating of a number of United Nations publications, the re-printing of certain reports of the International Law Commission and volumes of the Reports of International Arbitral Awards.
The decision to create a videotape library on different themes relating to international law would assist the diffusion and understanding of international law, particularly in developing countries, he said.
Report of Committee on Relations with Host Country
NICOS AGATHOCLEOUS (Cyprus), Chairman of the Host Country Committee, introduced its report.
JORGE SANCHEZ (Spain), speaking on behalf of the European Union, expressed appreciation for various bodies that contributed to meeting the concerns of the diplomatic community in New York, particularly the United States Permanent Mission to the United Nations, and the New York City Commission for the United Nations, Consular Corps and International Business.
The European Union welcomed the measures taken by the host country to accelerate immigration and customs procedures for diplomatic personnel arriving in New York and urged it to continue to take appropriate action in that regard to ensure the application of those procedures.
The Union was aware of the importance of the question of indebtedness of diplomatic missions and staff members, he continued. It was of the highest importance for good relations between the diplomatic community, the United Nations and the authorities and the people of host countries, that greater effort be made by all concerned to resolve those problems. The European Union welcomed the recommendations of the Committee and hoped they would be endorsed by the General Assembly.
Regarding transport and the application of traffic laws, the European Union reiterated the importance of articles IV and V of the Headquarters Agreement of 1947 and articles 29 to 31 of the Vienna Convention of 1961 concerning inviolability and immunity from criminal, civil and administrative jurisdiction in receiving States. The European Union expected the host country to take appropriate steps to comply fully with those obligations. The Union also recognized the obligation under article 21 of the Vienna Convention
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of 1961 for all persons enjoying diplomatic privileges and immunities to respect the laws and regulations of the host country.
Statement by Legal Counsel
Hans Corell, United Nations Legal Counsel, answering questions raised during the Committee's discussion of the United Nations Decade of International Law (1990-1999), said that the Secretariat would make multilateral treaties deposited with the Secretary-General available on the Internet by the end of the month. That was a considerable technical achievement, given that the paper version of the 465-treaty collection comprised some 1,000 pages of text.
The Secretariat was also well on the way to converting 40,000 treaties on deposit with the Organization to the optical disk format. All new treaties registered with the Secretariat would also be scanned into the database. It would be available on the United Nations Local Area Network by early 1996.
Technical matters were now being considered to make that treaty series available on-line to the widest possible number of people for the most reasonable cost. Certain categories of users may be charged fees for accessing the treaties, he said. The technological innovations being introduced by the Treaty Section of the Office of Legal Affairs may also include the electronic transmission of treaties to the Treaty Section, he added.
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