HOST COUNTRY COMMITTEE CONSIDERS PARKING SITUATION, HEALTH INSURANCE FOR DIPLOMATIC STAFF
Press Release
HQ/578
HOST COUNTRY COMMITTEE CONSIDERS PARKING SITUATION, HEALTH INSURANCE FOR DIPLOMATIC STAFF
19971015 The number of parking tickets issued to the diplomatic corps had decreased significantly in recent months and efforts were under way to assign new parking spaces for diplomats, the representative of the United States said this morning, as the Committee on Relations with the Host Country considered issues relating to transportation.While the City of New York did enforce its parking policies strenuously, tickets were dismissed when factual defences were provided, he told the Committee. However, non-payment of fines could not be based on complaints that cars belonging to the diplomatic corps received tickets when other cars did not. Work was in progress to establish a fair parking programme for the diplomatic corps, he said.
A number of representatives expressed concern that diplomats did indeed receive tickets when other drivers did not. The representative of Mali said his Mission received tickets daily because neighbours parked in its designated space, compelling diplomats to park elsewhere. Diplomats must pay their tickets, the representative of France said, but such fines must be legally valid.
In addition, the Committee considered the question of insurance and health, hearing a report on the results of consultations held by its Chairman with five health insurance companies. It was decided that the Committee would meet with them directly in December or January concerning proposals for the provision of health coverage for staff accredited to diplomatic missions.
Also this morning, the representative of Libya expressed concern about actions taken by the host country which had impeded the work of his delegation. The number of diplomatic staff had been significantly reduced and members of Libya's delegation to the Assembly's current session were still awaiting their visas. Libya was ready to undertake negotiations to resolve those difficulties, he said.
Responding, the representative of the United States said the size of Libya's Mission had been reduced in accordance with Security Council resolution 748 (1992), because Libya had failed to comply with its obligations under an earlier resolution; the matter should be dealt with by the Council.
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As to visas, he said the question of what constituted reasonable time for their issuance should be raised with the United Nations Legal Counsel.
Statements were also made by the representatives of the Russian Federation, Costa Rica, Mali, Spain, Cyprus, China, United Kingdom, Honduras, Canada, France and Malaysia. A representative of the Office of Legal Affairs introduced a non-paper describing the health insurance proposals.
The Committee on Relations with the Host Country will meet again at a date to be announced in the Journal.
Committee Work Programme
The Committee on Relations with the Host Country met this morning to resume its consideration of transportation issues, including the use of motor vehicles, parking and related matters. It was also expected to consider issues relating to insurance and health and other matters.
Statements on Transportation Issues
ROBERT C. MOLLER (United States) said that efforts had been made to establish a fair parking programme for the United Nations diplomatic corps and the citizens of New York City. The United States Mission, the City of New York, and the United States Department of State had not yet reached agreement on a programme, but hoped to do so soon.
The city's parking policy was clear, and the United States supported it, he said. The number of parking tickets issued to the diplomatic corps had decreased significantly in recent months. Thus the diplomatic corps were being "good neighbours". Nevertheless, the issue still required continued consideration. The police hotline set up for the towing of scofflaws did not work perfectly.
The United States Mission was working to establish parking spaces for the diplomatic corps, he said. However, there were things that the Mission could not do. The city would not dismiss tickets for missions based on the fact that missions had not received assigned parking spaces. The city had indeed dismissed tickets when missions had provided factual defences. Still, the city did enforce its parking policies strenuously.
"No Stopping" signs meant exactly that, he said. There were almost no exceptions to that rule. "No Standing" signs created the most confusion: they meant that vehicles could stop there for 10 minutes but then must leave. Drivers were not permitted to leave their vehicles to deliver packages under a "No Standing" sign. Parking near fire hydrants was illegal. There had been some complaints that cars belonging to the diplomatic corps received tickets when other cars did not, but that was not a basis for the non-payment of fines. Allegations of discrimination against the diplomatic corps, however, would be considered. Diplomatic parking was still a problem, but much less of a problem than it had been six months ago. Further steps should be taken to create a fair parking programme.
ALEXANDRE V. ZMEEVSKI (Russian Federation) said the United States statement represented an interpretation of the rules of traffic which seemed to differ from those in the drivers manual published by the New York City Department of Transportation. Clarification, preferably in written form, was requested. In order to feel confident as a driver, it was necessary to know what the rules were, he said.
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Mr. MOLLER (United States) said the representative of the Russian Federation had a valid point. The new federal licensing of diplomatic drivers had created a situation in which that driver was not receiving the same information that other drivers received. Steps would be taken to correct that situation.
EMILIA CASTRO DE BARISH (Costa Rica) said that if one had to stop -- whether in a "No Standing" zone or not -- one had to stop. In the case of such zones, drivers who did not speak English often became confused, did not understand the rules and incurred a ticket. Attempts to resolve the issue had not been successful. The Costa Rican Mission was on 43rd Street and could not park there because of trucks. Tickets were given out liberally. Diplomats were given discriminatory treatment, often receiving parking tickets which would not have been given to other drivers. It was difficult to pay parking fees on a diplomat's salary.
ILLALKAMAR AG OUMAR (Mali) said statements made by the Russian Federation and Costa Rica had gone to the heart of the matter. Mali's Mission received tickets daily because neighbours parked in its designated space, forcing Mali's diplomats to park just outside of that space. Cargo vehicles also often parked there. Despite increased discipline shown by the missions, tickets were still issued frequently, and police officers were often not helpful. Also, it was not for diplomats to call the police to have cars towed from their designated spaces. The efforts of the United States delegation with respect to the question of parking were highly appreciated.
JULIO MONTESINO (Spain) asked the representative of the United States when the new parking programme would be implemented. Also, what steps would be taken to avoid discrimination against the diplomatic community?
Mr. MOLLER (United States) said he took issue with some of the previous comments and would stand by his opening statement. The United States Mission was looking into allegations of discrimination. If discrimination occurred, it would be investigated. In some areas, parking at meters was not permitted until 9 a.m., so that streets could be prepared for rush hours. That was a problem with some missions. The main point was that the United States Mission was still negotiating with the city and was bringing missions' inquiries to its attention. The situation was not yet resolved.
CONSTANTINE MOUSHOUTAS (Cyprus) said his delegation was not in a hurry to have the proposed parking programme implemented. It was ready to wait on such an agreement.
Mr. ZMEEVSKI (Russian Federation) said he knew of specific instances when cars belonging to the Russian Mission were fined; the Ambassador's car seemed to be particularly popular in that respect. The United States Mission had been informed about such instances. There was no "normal" situation for
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diplomatic transportation in the city. Diplomats had to abide by rules, but the authorities must inform them of the rules. The diplomatic community was ready to meet the city half way on the matter. The recent reduction in tickets was encouraging, but discrimination remained unacceptable. There was a need to seek a solution, as well as to accommodate one another.
DUAN JIELONG (China) said the Chinese delegation had experienced some discrimination with respect to parking. Fair treatment should be a basic requirement for the diplomatic community. There would be exceptional situations concerning diplomats' parking, especially when other vehicles occupied their parking spaces. Attention should be given to that matter.
JOHN GRAINGER (United Kingdom) said it was important for a mission to pay its parking fines. Diplomats should not receive special treatment, and local law should be respected. It was alarming that there was a feeling among delegates that discrimination was practised against them. Any such discriminatory practices should be reported to the United States Mission.
JULIO ANTONIO RENDON BARNICA (Honduras) associated his delegation with the statement made by the Russian Federation. Discrimination did exist and it was hoped the problem would be speedily resolved. Also, he asked why fines were not imposed on drivers who parked in diplomats' spaces.
ANDRE FRANCOIS GIROUX (Canada) said that diplomatic vehicles should respect the law. The contents of the new diplomatic parking programme was eagerly awaited. Hopefully, diplomats would be able to comment on that programme. Reports of discriminatory practices were troubling. The willingness of the United States Mission to communicate those concerns to the City of New York was appreciated.
Mr. AG OUMAR (Mali) said he had driven in New York for two years and held a New York driver's licence. His earlier remarks had been based on his experience.
Ms. CASTRO DE BARISH (Costa Rica) said her earlier remarks reflected actual occurrences. She associated herself with the representative of Honduras in asking why was it that ordinary vehicles parked in diplomatic spaces were not fined.
Mr. MONTESINO (Spain) said that the specific situations being cited represented real problems. The efforts of the United States to resolve those problems were appreciated.
Mr. MOLLER (United States) said that while discrimination might possibly exist, proof of that was needed. Non-diplomatic cars parked in diplomats' parking spaces would be ticketed and towed. Increased police patrols could be arranged. The towing "hotline" had been established to have cars towed from
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parking spaces that were not their own. If such cars were parked in front of missions, they would be towed. Allegations of retaliation by the city against mission staff members who called the hotline were ridiculous. The police should not be maligned. Police salaries did not depend on the number of summonses they issued.
HUBERT LEGAL (France) said that with regard to the "hotline", it was not normal for diplomats to undertake negotiations with the police; they should contact the host country. The Committee's discussion was valuable. Diplomatic immunity had been traumatized at the beginning of the year, so trust must be restored. Diplomats must pay their tickets, but only those which were legally valid. Efforts to impose binding, mandatory fines contravened international law. The United States representative had not addressed that matter.
RAMEEZ YAHAYA (Malaysia) said that parking regulations must comply with international law. Parking spaces at missions were sometimes used for other purposes. Recently, parking spaces in front of the Malaysian Mission had been used by a movie studio. The parking situation must be addressed.
Insurance and Health
NICOS AGATHOCLEOUS (Cyprus), Committee Chairman, said he had held informal meetings with representatives of the health insurance industry regarding proposals for the provision of health insurance coverage for members of missions accredited to the United Nations. Specifically, he had met with representatives of the following organizations: Well Care Management Group, Inc.; University Group Medical Associates, P.C.; AETNA US Healthcare; Empire BlueCross BlueShield; and Louise Maher and Associates, Inc. A summary of their proposals had been circulated to the Committee in the form of a non-paper.
ANTHONY J. MILLER, of the Office of Legal Affairs, then introduced the non-paper cited by the Chairman. He said the fastest growing segment of the United States insurance industry was comprised of health maintenance organizations (HMO), which provided a list of participating doctors and hospitals to which members could go to receive inexpensive treatment. The cost of basic plans ranged from $140 to $430 dollars. The cost of more comprehensive plans, which gave members their choice of physicians, ranged from $240 to $600.
He said that the United Nations held annual insurance fairs during which insurers could make presentations to Secretariat staff; it was then up to the individual staff member to select an insurer. That approach had been quite successful and seemed a useful way in which to proceed on the current matter. The fair could be announced in the Journal and interested delegates could attend. The more costly plans provided better benefits, while the less
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expensive plans offered fewer benefits. All the plans, however, provided for emergency care.
Mr. AGATHOCLEOUS (Cyprus), Committee Chairman, proposed that an open-ended meeting with the prospective providers be held in December 1997 or January 1998.
Mr. LEGAL (France) suggested that, at the proposed meeting, a direct exchange should be facilitated. Also, delegates should be informed in writing and not simply by an announcement in the Journal. The Chairman said that would be done.
Ms. CASTRO DE BARISH (Costa Rica) said the suggestion that all interested delegates meet with insurance providers to express their concerns was a good one. January of next year was a good time for that meeting.
The Committee then accepted the Chairman's proposal.
Mr. AGATHOCLEOUS (Cyprus), Committee Chairman, said that a situation involving diplomats of the Russian and Belarus Missions and two New York City police officers had been dealt with directly with the United States Mission. It was therefore not necessary for the Committee to consider the matter further.
ALI SUNNI MUNTASSER (Libya) said that his Mission faced many difficulties in New York City. Those difficulties went far back in time and the Committee had frequently been made aware of them. Libya had several times informed the United States Mission that it was prepared to enter into dialogue on the matter and to speak with the Secretary-General about it.
Last August, it was decided that a high-level Libyan delegation would come to Headquarters, to meet with the Secretary-General and the President of the Security Council, he said. Six Libyan officials were to have received visas and to have met with the Secretary-General on 15 August. The host country hesitated in the issuing of those visas and the meeting was postponed until 17 September. Then, only three visas were issued. The meeting was able to take place only after the other entry visas were granted.
Visas were usually given to Libyan diplomats for one entry only, he said. Libya's delegation to the current session of the General Assembly was still awaiting its visas. Such difficulties impeded the delegation's work. The host country had also informed the Mission that it must reduce its diplomatic staff from 12 to 9 members. Libyan diplomats numbered 19 to 21 a few years ago. Contacts were made with the United Nations Legal Counsel, who had contacted the United States Mission on the question of increasing the number of Libya's diplomatic staff. Libya would like to contribute to the work of the Organization.
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Libyan Mission staff members were not allowed to leave the five boroughs of New York City, he said. The Ambassador had a home in New Jersey but was only allowed to visit it twice per month. Libya's Mission was prevented from leasing half its building for investment. His Government had been told by the city that it must pay taxes for its Mission, and presently owed the city $16 million in taxes. Libya had taken recourse to the Host Country Committee but to no avail. Limitations were placed on the Libyan Mission's account in New York -- limits which were set when the cost of living was far less than now. Libya had been facing those problems for a while and was ready to undertake negotiation regarding them. The United States Mission had treated the Libyan Mission with respect; the problem was with Washington, DC, he said.
Mr. MOLLER (United States) said that, in April 1992, the size of the Libyan Mission had been reduced from 12 to 9 diplomats. That represented a 25 per cent reduction, imposed in accordance with paragraph 6 (a) of Security Council resolution 748 (1992) because Libya had failed to comply with the provision of Council resolution 731 (1992) [Resolution 731 concerned the destruction of Pan Am flight 103 and Union de Transports Aeriens flight 772.] The matter should be dealt with by the Security Council. The Libyan Government knew what it had to do to end sanctions.
The Libyan Government had argued that the normal number of its diplomats at headquarters, despite a momentary flux in 1992, was 22. However, at no time had there been more than 17 diplomats. He said that visa requests would be answered within a reasonable amount of time -- 15 working days. The question of multiple entry visas should be raised with the Legal Counsel; the United States was not in violation. The United States had also been true to its obligations with respect to travel restrictions. Countries were always allowed to enter the United States for the conduct of United Nations business; the five boroughs represented more than ample space for the conduct of that business. The Committee was asked to note that if the United Nations was not in New York, Libya would have no representatives in the United States.
Mr. MUNTASSER (Libya) said that the number of employees at the Libyan Mission was 17 in 1991. Why had not that figure been used to calculate the number of mission staff? Two weeks to grant visas to staff who had already been granted visas was too long. Libya would get in touch with the United States through the Embassy of the United Arab Emirates, which represented it. Hopefully, a solution could be reached. It was unusual that while the Libyan representative's children were United States citizens, they were not allowed to go to places like Walt Disney World because of their parents' status. That was a humanitarian question. Delegates had a right to leave the five boroughs.
Mr. MOLLER (United States) said the overall average number of Libyan diplomatic staff was 12 persons. Further, it was considered that the reasonable amount of time to issue visas was three working weeks. Also,
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waivers were acquired for those who would normally not be allowed to enter the United States.
Mr. MUNTASSER (Libya) said the figure was two working weeks.
Mr. MOLLER (United States) said it was three working weeks, or 15 working days, but the time could vary. The issue of what constituted a reasonable time should be raised with the Legal Ccounsel.
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