COMMITTEE ON RELATIONS WITH HOST COUNTRY WOULD INCREASE MEMBERSHIP BY FOUR, BY TERMS OF DRAFT TEXT APPROVED THIS AFTERNOON BY SIXTH COMMITTEE

17 November 1998

Press Release
GA/L/3101

COMMITTEE ON RELATIONS WITH HOST COUNTRY WOULD INCREASE MEMBERSHIP BY FOUR, BY TERMS OF DRAFT TEXT APPROVED THIS AFTERNOON BY SIXTH COMMITTEE

19981117 Draft Texts Also Approved on Principles for International Negotiations and on Centennial of First International Peace Conference

The membership of the Committee on Relations with the Host Country would be increased by four new members, according to one of three draft resolutions approved, without votes, this afternoon by the Sixth Committee (Legal).

The new members of the Host Country Committee would be drawn, one each, from among the African, Asian, Latin American and Caribbean, and Eastern European regional groups. They would be chosen by the President of the General Assembly, in consultations with the regional groups.

Other terms of the draft would have the Assembly request the host country to continue to take all measures necessary to prevent any interference with the functioning of missions and to consider removing travel controls imposed on staff of certain missions and Secretariat staff of certain nationalities. The General Assembly would ask the host country to continue to take steps to resolve the problem relating to the parking of diplomatic vehicles. The Assembly would welcome the efforts of the Committee to identify affordable health-care programmes for the diplomatic community.

The representative of Cyprus introduced that draft.

The representative of Cuba spoke in explanation of position on that draft.

Statements on the report of the Committee on Relations with the Host Country, introduced this afternoon by its Chairman, were made by representatives of Austria (on behalf of the European Union and associated States), Malaysia, Russian Federation, China, Syria and the United States.

In another action, the Committee approved, as orally amended, the draft resolution on action dedicated to the 1999 centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law by which the Assembly would encourage activities to contribute to the further development of the themes of the first and second International Peace Conferences

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(held in 1899 and 1907, respectively). It would also request that reports on the outcome of the centennial celebrations at The Hague and St. Petersburg be submitted.

Also this afternoon, the Committee approved, as orally amended, a text on draft principles and guidelines for international negotiations, that would have the General Assembly reaffirm a number of principles relevant to international negotiations, including sovereign equality of all States; duty of States not to intervene in matters within the domestic jurisdiction of others, and settlement of their international disputes by peaceful means.

By other terms of that text, the General Assembly would affirm the importance of the conduct of negotiations in accordance with international law and in line with guidelines in international negotiations, including good faith negotiations. Other guidelines are that the purpose and object of all negotiations must be fully compatible with the principles and norms of international law, including United Nations Charter provisions; and adherence to mutually agreed framework for conducting negotiations.

The representatives of Cuba, Lebanon, United Kingdom, France, Sweden, United States, Japan and Australia, spoke in explanation of position on that draft.

The representative of Cyprus introduced a draft resolution on the International Criminal Court which sets dates for the convening of the preparatory commission to prepare the ground for the functioning of the Court.

A draft resolution on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts was introduced by the representative of Sweden.

The Committee will meet again tomorrow at 3 p.m. to take action on remaining draft resolutions.

Committee Work Programme

The Sixth Committee (Legal) met this afternoon to consider recommendations and conclusions of the Committee on Relations with the Host Country contained in its report and to take action on a related draft resolution. The Committee was also scheduled to consider draft texts relating to the International Criminal Court preparatory commission, the International Peace Conference Centennial, guidelines for international negotiations, and the report of the International Law Commission.

Host Country Committee

The report of the Committee on Relations with the Host Country (document A/53/26) reviews matters such as membership and composition of the Committee; host country travel regulations; financial indebtedness of missions and their personnel; and insurance and health. The report also contains the Committee's recommendations and conclusions, reflecting the main issues raised and discussed during its deliberations.

Annex I of the draft report contains a detailed list of topics for consideration by the Committee, adopted in 1992 and slightly modified in 1994. Annex II lists documents issued in connection with the Committee's work.

Noted in the report is the Committee recommendation that its membership be increased by four members, including one each from the African, Asian, Latin American and Caribbean, and East European regional groups.

In other recommendations and conclusions, the Committee states that a system-wide approach was required to resolve the problem of financial indebtedness and notes that the issue had also arisen in other host cities. It stresses the importance of permanent missions, their personnel and Secretariat staff meeting their financial obligations.

The Committee expressed anticipation that the host country would continue to take all measures necessary to prevent any interference with the work of missions, considering that their security and the safety of their personnel were indispensable for their effective functioning.

On the problem of parking of diplomatic vehicles, the Committee again asks the host country to continue to take steps, in conjunction with the City of New York, to resolve it in a manner that was fair, non-discriminatory, efficient and consistent with international law. The host country is also urged to remove, as soon as possible, the remaining travel restrictions on personnel of certain missions and Secretariat staff members of certain nationalities.

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The Committee reiterates its appreciation to the representative of the United States Mission in charge of host country affairs and to the Host Country Affairs Section of the United States Mission, as well as to those local entities that contributed to its efforts to help accommodate the needs, interests and requirements of the diplomatic community and to promote mutual understanding between the diplomatic community and the people of New York City.

The draft resolution on the report of the Host Country Committee (document A/C.6/53/L.13) would have the General Assembly endorse the Committee's recommendations and conclusions, including that to increase its membership by four new members, as outlined. The Assembly would also accept the recommendation that new members be chosen by the President of the General Assembly, in consultation with regional groups.

By the draft text, the Assembly would ask the host country to continue to take all measures necessary to prevent any interference with the functioning of missions, considering that the maintenance of appropriate conditions for their normal work was in the interests of the United Nations and all Member States. The host country would also be asked to consider removing travel controls imposed on staff of certain missions and Secretariat staff of certain nationalities.

The General Assembly would ask the host country to continue to take steps to resolve the problem relating to the parking of diplomatic vehicles in a fair, balanced and non-discriminatory way to respond to the growing needs of the diplomatic community and to continue to consult with the Committee on that important issue.

The Assembly would welcome the efforts of the Committee on Relations with the Host Country to identify affordable health-care programmes for the diplomatic community, and would ask the Secretary-General to remain actively engaged in all aspects of the Organization's relations with the host country. The draft text was co-sponsored by Bulgaria, Canada, Costa Rica, Côte d'Ivoire, Cyprus, Honduras and Spain.

International Criminal Court Preparatory Commission

By a draft resolution on the establishment of the International Criminal Court (document A/C.6/53/L.9), the General Assembly would ask the Secretary- General to convene the preparatory commission -- called for under a resolution adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court -- on the following dates: from 16 to 26 February 1999; 26 July to 13 August 1999; and 29 November to 17 December 1999.

(By resolution F, adopted at the Rome Diplomatic Conference, held from 15 June to 17 July 1998, the preparatory commission would take all possible measures to ensure the coming into operation of the International Criminal

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Court, without undue delay, and to make the necessary arrangements for the commencement of its functions. Such measures include preparation of rules of procedure and evidence; elements of crimes; a relationship agreement between the Court and the United Nations; basic principles governing a headquarters agreement to be negotiated between the Court and host country (Netherlands); and a budget for the first financial year. The draft texts of the rules of procedure and evidence and of the elements of crimes shall be finalized before 30 June 2000.)

By the draft text, the Secretary-General would be asked to invite, as observers to the preparatory commission, representatives of organizations and other entities that have received a standing invitation from the General Assembly pursuant to its relevant resolutions to participate, as observers, in its sessions and work. He would also be asked to invite, as observers, representatives of interested regional intergovernmental organizations and other interested bodies, including the International Tribunals for the former Yugoslavia and Rwanda.

By other terms of the draft, the General Assembly would note that non-governmental organizations (NGOs) might participate in the work of the preparatory commission, including attending its plenary and other open meetings in accordance with the rules of procedure to be adopted by the preparatory commission, receiving copies of official documents and making available their materials to delegates.

Furthermore, the Secretary-General would be requested to take steps to expand the mandate of the trust funds established in Assembly resolutions 51/207 and 52/160 for voluntary contributions towards meeting the costs of participation in the work of the preparatory commission of the least developed countries and specified developing countries, respectively.

The Assembly would decide to include in the provisional agenda of its fifty-fourth session the item entitled "Establishment of the International Criminal Court". It would ask the Secretary-General to report to that session on the implementation of the present draft resolution. The draft was submitted by the Bureau of the Sixth Committee.

International Peace Conference Centennial

A draft resolution on the action dedicated to the 1999 centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law (document A/C.6/53/L.12) would have the General Assembly welcome the progress made in realization of the programme of action, presented by the Governments of the Netherlands and the Russian Federation, which aims at contributing to the further development of the themes of the first and second International Peace Conference (held in 1899 and 1907, respectively) and could be regarded as the third international peace conference.

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The draft would encourage the two Governments to continue with implementation of the programme of action and encourage other States to participate in the activities set out. It also would encourage United Nations bodies and NGOs, groups and individuals to contribute to the discussion on the themes of the commemoration of the first International Peace Conference on the basis of the preliminary report and to consider participation in the activities.

It would request that the two Governments prepare reports on the conclusion of the centennial celebrations at The Hague and St. Petersburg for submission to the General Assembly at its fifty-fourth session. The Assembly would also request the Secretary-General to consider activities to promote the outcome of the United Nations Decade of International Law, including the possibility of releasing by the United Nations a set of jubilee postage stamps and post cards in commemoration of the centennial of the first International Peace Conference. The draft is co-sponsored by the Netherlands and the Russian Federation.

International Negotiations Guidelines

By the draft text on draft principles and guidelines for international negotiations (document A/C.6/53/L.14), the General Assembly would reaffirm a number of principles relevant to international negotiations, including sovereign equality of all States; duty of States not to intervene in matters within the domestic jurisdiction of others; and settlement of their international disputes by peaceful means.

By other terms of the draft text, the General Assembly would affirm the importance of the conduct of negotiations in accordance with international law and in line with guidelines in international negotiations, including good faith negotiations. Other guidelines are that the purpose and object of all negotiations must be fully compatible with the principles and norms of international law, including United Nations Charter provisions; and adherence to mutually agreed framework for conducting negotiations. The draft was proposed by the Chairperson of the Working Group on the United Nations Decade of International law.

International Law Commission

A draft resolution on the report of the International Law Commission on the work of its fiftieth session (document A/C.6/53/L.16) would have the General Assembly recommend that the Commission continue its work on the topics in its current programme. The Commission would also be asked to continue to pay special attention to indicating in its annual report topics on which it would welcome the views of governments, either in the Sixth Committee or in written form.

The Assembly would stress the desirability of the enhancement of dialogue between the Commission and the Sixth Committee and would ask the Commission to submit recommendations to that effect.

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By other terms of the draft, the Assembly would welcome the valuable work done by the Commission on the topic of "International liability for injurious consequences arising out of acts not prohibited by international law". It would ask the Commission, while continuing its work on prevention of such acts, to examine other issues arising out of the topic, and to submit recommendations on its future work on the subject.

The Assembly would reaffirm its previous decisions concerning the role of the Codification Division of the Office of Legal Affairs of the Secretariat and those concerning the summary records and other documentation of the Commission.

The Assembly would once again express the wish that seminars would continue to be held in conjunction with the sessions of the Commission, and that an increasing number of participants from developing countries would be given the opportunity to attend. The Assembly would appeal to States to make voluntary contributions urgently needed for holding those seminars.

Statements on Host Country Committee SOTIRIOS ZACKHEOS (Cyprus), Chairman of the Committee on Relations with the Host Country, introduced the Committee's report. He said the Committee was an important forum in which representatives of Member States sought to resolve different problems faced by the diplomatic community through a frank and constructive exchange of views and cooperation. It had proved to be an open, transparent and flexible body. No member had a right of veto in the Committee. Any interested delegation could participate in it as an observer.

Moreover, he said the Committee was of a unique nature since it was the only body in the United Nations system mandated to consider matters in relation to the host country and then report thereon to the General Assembly. As Chairman of the Committee, he expressed gratitude to Committee members, to the Host Country Section of the United States Mission, to the New York City Commission for the United Nations and Consular Corps, and to all observer delegations who participated in the Committee's work, as well as to the Secretariat for their help, support and cooperation.

LILLY SUCHARIPA (Austria), speaking on behalf of the European Union and its associated States, welcomed the efforts made by the United States, through its Mission to the United Nations, to accommodate the interests and requirements of the diplomatic community in New York. While the European Union took note of the wish of the Committee to increase its membership, the European Union believed that the Committee, in its current composition, had discharged its functions most efficiently over the years. The Committee's work involved practical day-to-day issues which required that decisions be taken rapidly and efficiently. The wish for a larger participation of Member States in the Committee had to be carefully balanced against the principles of rationality and efficiency. The European Union was prepared to support the recommendation to increase membership by four members.

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Concerning the problem of financial indebtedness, she said it was of significant concern and potentially touched on the image of the entire diplomatic community. She commended the excellent work of the working group on the subject which had resulted in a substantial decrease in the amounts owed during the years 1996 and 1997. Unfortunately, though, diplomatic debts had increased again at the end of 1997. She expressed appreciation for the holding of the health insurance fair and for efforts to deal with problematic issue of transportation, in particular, parking of diplomatic vehicles.

MOHHAMA RAMEEZ YAHAYA (Malaysia) said travel restrictions on certain nationalities not only impinged on the right of those concerned to freedom of movement, but would also impede the functions of those diplomats and Secretariat staff. Such restrictions were not consonant with international law. He noted with concern the refusal by some apartment owners to rent to diplomats, as well as sometimes requiring higher deposits and higher rental charges for diplomats. That amounted to discrimination against diplomats, he said. Referring to the explanation that the practice was the result of some diplomats defaulting on their rent, he said that should not be a reason for an almost blanket refusal to rent to diplomats. He urged the Committee to look into that new development.

Concerning transportation, he said that when the City of New York decided to introduce new parking regulations, he seriously hoped that those regulations would take into full account the concerns and needs of the diplomatic community. Noting that there had been some problems concerning the tax exemption status of diplomats in some commercial establishments, he recommended that the host country disseminate relevant information to commercial establishments to avoid recurrences. There had also been problems with recognition of drivers licences issued by the State Department. Finally, he supported the increase of four new members to the Committee.

ALEKSANDR V. ZMEEVSKY (Russian Federation) said his delegation attached great importance to the Committee's work. It fully supported efforts to enhance its work and to give impetus to the resolution of problems faced by missions. It welcomed the consensus proposal of the Committee to expand its membership and hoped the new members would bring with them a spirit of cooperation. He paid tribute to the host country for creating conditions to facilitate the work of missions.

At the same time, he said, his delegation could not remain silent about problems still awaiting resolution, such as the travel restrictions imposed on personnel of certain missions. He observed that the Committee in its report had pointed out that those restrictions had still not been removed. He said the travel restrictions were discriminatory and contravened fundamental international legal instruments. It was high time they were removed, he said, adding that adequate response from the host country would be appreciated by the diplomatic community.

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He said every effort should be made to resolve the problem relating to the parking of diplomatic vehicles. His delegation had taken a constructive approach during meetings of the working group of the Host Country Committee on the parking problems. He hoped the issue would be resolved in the New Year, as well as other problems facing the diplomatic community, including the question of indebtedness and health care.

He also referred to the security arrangements introduced during the initial phase of the General Assembly session, and stated they had created difficulties for missions. Recalling his statement yesterday on the subject at the meeting of the Committee on Relations with the Host Country, he said he hoped discussions would continue to improve security arrangements for United Nations events. He also hoped the recommendations of the Host Country Committee would be adopted. His delegation favoured the approval of the draft resolution by consensus.

QU WENSHENG (China) expressed satisfaction about the proposed increase in the Committee membership, which would strengthen its work. He commended the Committee Chairman for his excellent leadership, and thanked the host country for the support it provided to missions. He recalled that the host country had made efforts to improve conditions for the work of missions. There was, however, room for improvement in accommodating the needs of the diplomatic community, especially with regard to restrictions on the movement of personnel of certain missions. He urged the removal of those restrictions.

GHASSAN OBEID (Syria) expressed gratitude to the Committee and its Chairman for the efforts to address problems facing delegations. He welcomed the fact that the Committee's work was being carried out in a spirit of frankness and openness. Syria fully supported the Committee's recommendations. He hoped the Committee would continue to focus on the question of medical insurance and diplomatic indebtedness, and the problem of parking of diplomatic vehicles.

He said diplomats also faced discrimination by the New York Police with regard to the problem of parking. His mission had faced those problems and hoped the Police would show respect to the diplomatic community. He also hoped that travel restrictions would be lifted as soon as possible. He thanked the host country for the understanding shown towards the problems faced by the diplomatic community. His delegation would support the draft resolution on the report of the Committee on Relations with the Host Country.

CAROLYN L. WILLSON (United States) thanked Member States which had commended the host country. The host country was gratified that many mission personnel and their families, as well as Secretariat staff and their families, enjoyed their stay in New York and the cultural facilities the city offered. Since 1946, the United States Government, together with the help of the local authorities, had sought to keep its treaty obligations. It remained committed to doing so. She said the Host Country Committee provided opportunities for the host country to appreciate the problems faced by the diplomatic community.

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Her delegation, together with several others, did not support the expansion of the Committee membership. It had, however, decided to join the consensus and hoped the expansion would prove to be successful. She said the new members would perhaps bring new perspectives to the Committee's work.

With regard to the problems relating to the parking of diplomatic vehicles, she said the host country would continue to work to improve the situation. On the question of travel restrictions, she said the host country provided unimpeded access to United Nations Headquarters. The host country was not required under the Headquarters Agreement to allow travel to other parts of the country without permission.

The United States was proud to be host country, she said, and hoped delegations would feel welcome in the country.

CONSTANTINE MOUSHOUTAS (Cyprus) introduced the draft resolution on the report of the Committee on Relations with the Host Country. He announced that China, France, Malaysia, Mali, Senegal, Syria and the United Kingdom had joined as sponsors of the draft.

Action on Drafts The representaive of Cuba, speaking in explanation of position on the Host Country Committee draft, said Cuba had worked with the members of the Committee on important discusions. The Committee had the important responsibility of considering issues of fundamental importance to the entire diplomatic community. Cuba supported the draft resolution, in particular the decision to increase the membership by four. She hoped that consultations on the new members with the President of the General Assembly would reflect the wishes of the relevant regional groups.

The Committee then approved the draft, without a vote.

Following the presentation of minor oral amendments on the draft resolution on the centennial of the first International Peace Conference and the closing of the United Nations Decade of International Law, the Committee approved the text as orally amended.

The Committee then turned to the draft on principles and guidelines for international negotiations, orally amended this morning by the Committee. Under those amendments, the word "non-exhaustive" was inserted between "general" and "frame of reference" in the ninth preambular paragraph. Also, in operative paragraph 1(d), the phrase "in their international relations" would be added after the word "refrain". In operative paragraph 2, the phrase "in international negotiations" should be deleted.

The representative of Cuba, speaking in explanation of position on that text, said he interpreted operative paragraph 1(e) to mean that any agreement

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arrived at, not only through the use of force, but also any other coercive means counter to international law embodied in the Charter, was null and void.

The representative of Lebanon, also speaking in explanation of position, said that the reference in operative paragraph 1(e) to the threat or use of force was not sufficient, as there were other forms of coercive measures that ran counter to the principles of international law embodied in the Charter.

The Committee then approved the draft, without a vote, as orally amended.

The representative of the United Kingdom, speaking in explanation of position on the text on international negotiations, said her delegation had not wanted to block consensus on the draft but, nevertheless, the United Kingdom had a number of concerns about it, in particular that the principles and guidelines were not relevant to each and every negotiation. While some of them might be relevant to particular negotiations, there were clearly others not listed which could be equally, if not more, relevant in particular cases. The principles stated were clearly not exhaustive, and she was pleased that it was decided to acknowledge that in the draft resolution.

The representatives of France, Sweden, United States, Japan and Australia, also speaking in explanation of position, all associated themselves with the statement of the United Kingdom.

Status of Geneva Convention Protocols

KLAS NYMAN (Sweden) introduced a draft resolution on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (document A/C.6/53/L.17).

By the draft text, the General Assembly would appeal to all States to become parties to the 1949 Geneva Conventions. It would call upon those that had become parties to Additional Protocol I to the Geneva Conventions to make the declaration accepting the International Fact-Finding Commission in relation to armed conflict, created under article 90 of that Protocol.

States parties to the additional Protocols, which cover international and non-international armed conflicts, would be called upon to ensure their wide dissemination and full implementation.

The General Assembly would affirm the necessity of making the implementation of international humanitarian law more effective. The Assembly would welcome the activities of the Advisory Service of the International Committee of the Red Cross (ICRC) in supporting efforts undertaken by Member States to implement international humanitarian law and to promote exchange of information on the subject.

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