LEGAL COMMITTEE CONCLUDES CONSIDERATION OF MEASURES TO ENHANCE PROTECTION, SECURITY AND SAFETY OF DIPLOMATIC MISSIONS, REPRESENTATIVES
Press Release
GA/L/3098
LEGAL COMMITTEE CONCLUDES CONSIDERATION OF MEASURES TO ENHANCE PROTECTION, SECURITY AND SAFETY OF DIPLOMATIC MISSIONS, REPRESENTATIVES
19981116 The premises of the Iranian Consulate General continued to be occupied by Taliban forces and there was no information on its archives and moveable property, the representative of Iran told the Sixth Committee (Legal) this morning as it concluded its consideration of effective measures to enhance the protection, security and safety of diplomatic missions and representatives.Iran held the Taliban leadership fully responsible for the seizure of its Consulate General, massacre of its diplomats and damage to its property, the representative said. He asked the Secretary-General and the Security Council to expedite the dispatch of a fact-finding mission to Afghanistan, and take appropriate measures for bringing the perpetrators to justice.
Referring to the bombings of United States Embassies in Kenya and the United Republic of Tanzania and the cold-blooded murder of Iranian diplomats in Afghanistan, the representative of Austria, said it was absolutely unacceptable that a principle existing since time immemorial should be so brutally violated. Speaking on behalf of the European Union and associated States, he said the privileges and immunities of diplomatic and consular missions and personnel were not for personal benefit. They were granted to ensure that diplomatic and consular missions could be exercised without hindrance.
The representative of Turkey, who also cited attacks against her country's diplomatic missions and diplomats, said that to successfully combat those violent acts of terrorism States should refrain from the selective treatment, based on narrow policy considerations, of those cowardly acts and should fulfil their obligations under international law.
Also speaking were the representatives of Panama (on behalf of the Rio Group) and Norway (on behalf of the Nordic countries). A draft resolution on measures to enhance the protection, security and safety of diplomatic missions and representatives was also introduced this morning. The Committee will meet again at 3 p.m. today to take action on draft resolutions.
Committee Work Programme
The Sixth Committee (Legal) met this morning to consider effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives. It had before it, a report of the Secretary-General (document A/53/276 and Corr.1) containing information received from the Government of Iran on violent intrusion of its Embassy in Sierra Leone last December, and theft of property, including cars.
The report also includes information on the status of participation of States, as at 30 June, in the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963 and their respective optional protocols on the acquisition of nationality and on the compulsory settlement of disputes. There is also information on the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents.
The communication from Iran states that on 31 December 1997, 20 members of the military forces of the then military Government in Sierra Leone went to the Embassy of Iran in Freetown and demanded keys to the premises and diplomatic vehicles. Failing to obtain the keys, they smashed windows and took away with them all movable office property, including computers, along with the embassy cars in violation of the 1961 Vienna Convention on Diplomatic Relations.
Statements
HERNAN TEJEIRA (Panama), speaking on behalf of the Rio Group, said the topic was as timely as ever, particularly in light of the recent attacks on embassies and their officials around the world. The Rio Group strongly condemned those attacks. They not only caused tremendous damage, they also affected relations between States. States must completely fulfil the obligations they have contracted to protect diplomatic and consular missions. States and their representatives must fulfil those obligations according to international law and relevant international agreements. It must be remembered that privileges and immunities were granted in order to facilitate the unobstructed carrying out of their responsibilities. At the same time, though, representatives must see to it they do not abuse those privileges and strictly observe the laws of the receiving State.
KJELL ELIASSEN (Norway), speaking on behalf of the Nordic countries, referred to the Secretary-General's report on the General Assembly resolution which urged States to strictly observe and enforce the rules governing diplomatic and consular relations and assure their safety. The duties of governments to protect those missions could not be stated more clearly. He welcomed the fact that the Assembly continued to monitor the issue on a regular basis. The need to protect agents of States was recognized at a very early stage in history. Such rules seem to have appeared in all cultures and
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countries. It was the duty of representatives to respect the laws of the receiving State. The Nordic countries were deeply concerned and strongly condemned the attacks in Kenya and the United Republic of Tanzania, as well the attack on Iranian diplomats in Afghanistan. Such acts could never be justified. It was important that there be close cooperation between the sending and receiving States.
KURT HERNDL (Austria), spoke on behalf of the European Union and the Czech Republic, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Cyprus, Iceland and Liechtenstein. He said that the topic was important because it not only addressed the effective conduct of diplomatic and consular relations, but was also relevant to relations between States in general. The privileges and immunities of diplomatic and consular missions and personnel were not for personal benefit. They were granted to ensure that diplomatic and consular missions could be exercised without hindrance and thus, to facilitate normal healthy exchanges between States over a wide range of subjects. The collective beneficial effect of smoothly running diplomatic and consular relations between individual States was obvious.
It was absolutely essential that every government did its utmost to prevent infringements on the inviolability of internationally protected premises and persons, he said. Referring to the bombings in Kenya and Tanzania, and the cold-blooded murder of Iranian diplomats in Afghanistan, he said it was absolutely unacceptable that a principle existing since time immemorial should be so brutally violated.
YESIM BAYKAL (Turkey) said the attacks on the United States embassies in Nairobi and Dar es Salaam showed that diplomatic missions were targets for terrorists. Turkey condemned those attacks, as well as the killing of Iranian diplomats and United Nations officials in Afghanistan in the area under the control of the Taliban. Turkey's diplomatic and consular missions, as well as its representatives, had been the victims of terrorism. Many ranking diplomats, including Ambassadors, had lost their lives to vicious attacks by certain terrorist organizations in certain countries. The protection provided by some States to Turkish missions was clearly not adequate and not commensurate with the threat posed by terrorism.
Whenever Turkey was a victim of such an attack, or when an attack had occurred on its territory, her Government had always informed the Secretary-General, but usually did receive a satisfactory reply from the States where the violations had taken place. She appealed to all States parties to relevant Conventions to adopt all necessary measures to protect the safety and security of the diplomatic and consular missions in their territories and to comply with their obligations. To successfully combat the violent acts of terrorism against diplomatic and consular missions and representatives, all States should refrain from the selective treatment, based on narrow policy considerations, of those cowardly acts and should fulfil their obligations.
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SEYED MOHAMMAD HADI NEJAD HOSSEINIAN (Iran) said that the term "inviolability" in respect of diplomatic agent meant that the envoy shall be immune from any form of arrest or detention; that receiving States shall treat him with due respect; that it was required to take all appropriate steps to prevent any attack on his person, freedom and dignity; and that the receiving State was required to accord a higher degree of protection to the diplomatic agent. Inviolability in respect of premises implied that the receiving State was obliged to prevent its officials and agents from entering or performing any official acts within the premises. It was also under a special duty to take all appropriate steps to protect the premises from being entered into or damaged by any private person.
He said that on 8 August, the Taliban forces, in continuation of their military campaign in Afghanistan, had attacked the city of Mazar-i-Sharif, shot their way into the premises of the Consulate General of Iran, seized the premises and murdered all members of the Consulate, as well as a journalist who was present. That barbaric action had been condemned by governments throughout the world and by the Secretary-General of the United Nations as a blatant violation of fundamental principles and norms of international law. The Security Council had also condemned the seizure of the Iranian Consulate-General in Mazar-i-Sharif and the massacre of Iranian diplomats and a journalist as a heinous crime violating international norms and principles.
As a result of the international pressure and endeavours of the Special Envoy of the Secretary-General for Afghanistan, he said, the bodies of the Iranian diplomats had been returned to Iran and buried there weeks after the massacre. However, Taliban leaders had yet to heed the demand of the international community and the Security Council's call to apprehend the perpetrators of those outrageous crimes with a view to bringing them to justice. Moreover, the premises of the Iranian Consulate General continued to be occupied by Taliban forces, and there was no information on the condition of the Consulate General, its archives and moveable property.
Iran held the Taliban leadership fully responsible for the seizure of its Consulate General and massacre of its diplomats and damage to its property. Iran expected the Secretary-General and the Security Council to expedite the dispatch of a fact-finding mission to Afghanistan, and take appropriate measures for bringing the perpetrators to justice.
He said Iran similarly condemned acts of violence against diplomatic and consular missions by whomever they were committed, including the bombings of diplomatic missions in Nairobi and Dar es Salaam and the killing of United Nations personnel in Afghanistan. The recent events referred to indicated that acts of violence against diplomatic and consular missions, and representatives continued to remain a major threat to the normal conduct of relations among nations. There was every reason that the item should remain on the agenda of the General Assembly, and States should continue to report to
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the Secretary-General, acts of violence against diplomatic and consular missions as required by General Assembly resolution 42/154 of 7 December 1987.
Introduction of Draft Resolution
The representative of Finland introduced a draft resolution on consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/53/L.11). Under its provisions, the Assembly would express alarm over the recent acts of violence against diplomatic and consular representatives as well as against representatives of international intergovernmental organizations and officials of such organizations. It would strongly condemn those acts and emphasize that they can never be justified. It would also express sympathy for the victims of such illegal acts.
Further, by the draft, States would be urged to strictly observe and enforce the principles and rules of international law governing diplomatic and consular relations and to take all necessary measures to enhance the protection and security of missions, representatives and officials. They would also be urged to ensure, with the participation of the United Nations, where appropriate, that such acts are fully investigated with a view to bringing the offenders to justice. The Assembly would recommend that States cooperate closely to enhance the protection and security and safety of diplomatic and consular missions and representatives. In addition, States would be urged to take any appropriate measures to prevent any abuse of diplomatic or consular privileges and immunities.
The draft requests that reporting procedures of States as well as the Secretary-General's reporting be maintained.
The draft is sponsored by Argentina, Austria, Canada, Chile, Czech Republic, Denmark, Finland, Germany, Hungary, Iceland, Lesotho, Netherlands, Norway, Romania, Russian Federation, Spain, Sweden, The former Yugoslav Republic of Macedonia, Turkey, United Kingdom, Uruguay and Zimbabwe.
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