HOST COMMITTEE DISCUSSES TRAVEL RESTRICTIONS ON CERTAIN MISSION STAFF

Committee on Relations

with Host Country

206^th Meeting (AM)

HOST COMMITTEE DISCUSSES TRAVEL RESTRICTIONS ON CERTAIN MISSION STAFF

The Committee on Relations with the Host Country held its first meeting for 2001 this morning, to hear a complaint from Cuba that the host country (United States) had denied travel authorization to a member of its permanent Mission to the United Nations.

The representative of Cuba said the host country’s travel limitations and restrictions of movement imposed on certain nationalities were discriminatory, unfair and politically motivated.  Those policies were a peculiar relic of the Cold War era.

The representative of the United States said no country would jeopardize its national security.  The United States had constantly worked within the provisions of the Headquarters Agreement with the United Nations, and abided by that Agreement.  It could and did legally restrict the movements of the staff of certain missions.  If States affected by such restrictions wanted to contest them, they could do so through the United Nations Legal Counsel. 

The representative of the Russian Federation told the Committee he hoped the United States would review its travel restrictions policy.

The representative of Iraq informed the Committee of difficulties some Iraqi delegates faced because many rental agencies in New York City refused to provide them with housing.  He said those practices were discriminatory.

The representative of the United States explained that the housing market in New York City was highly competitive.

A second United States representative clarified some elements of New York State property tax law following queries from Committee members on that subject.

The Committee on Relations with the Host Country will meet again at a date to be announced in the United Nations Journal.

Background

Before the Committee was a letter, dated 8 February, from the Deputy Permanent Representative of Cuba, Rafael Dausa Cespedes, addressed to the Chairman of the Committee on Relations with the Host Country (document A/AC.154/339). Annexed to the letter was a complaint that the authorities of the host country had verbally denied him authorization to travel to honour an invitation from the International Education Office of Lehigh University in Bethlehem, Pennsylvania.

The Cuban Mission letter stated that the host country authorities had used the argument that the trip of its official “had no relation whatsoever to the official business of the United Nations”.  It said the practice of travel limitations and restrictions imposed by the host country authorities on some Permanent Missions accredited to the United Nations, including the Permanent Mission of Cuba to the United Nations, as well as on United Nations staff members of certain nationalities, disregarded the provisions of General Assembly resolutions.

The host country continued to impose travel restrictions arbitrarily, and for political motives, on Cuban staff, the letter stated.  He asked it to take the necessary steps to comply fully with international law, and to give a satisfactory reply to repeated demands by the Cuban Mission that its rights be respected in relation to the travel control being imposed on its staff members.   

Statements

ABDUL MUNIM AL-KADHE (Iraq) said his delegation supported the position expressed in the letter to the Committee.  The arbitrary restrictions placed on certain Permanent Missions by the United States were clearly politically motivated.  Such practices often hampered the work of diplomatic Missions and, even more seriously, contravened agreements between the United Nations and the host country regarding the privileges and immunities of diplomatic Missions.  He hoped the host country would take the necessary steps to respect those agreements.

He then raised some difficulties certain Iraqi delegates were facing because many rental agencies in New York City refused to provide them with accommodation.  To make matters worse, some building administrators were requesting approvals in writing for rental contracts from the United States Mission.  That practice was a problem because by the time the agents received the proper documentation, the apartments in question had usually already been rented. 

His delegation disagreed with the representative of the host country that this was a “special” problem about which nothing could be done.  The host country, in fact, was bound to abide by international rules and regulations regarding diplomatic housing and relevant immunities, he said.  It should be clear to all that the rental polices practiced by some agencies in New York were blatantly discriminatory and even contravened United States equal opportunity laws.  The discrimination was particularly disturbing, as no problems with renters from Iraqi delegations had ever been reported.  He hoped that the host country would look into this problem with the utmost seriousness.

SORAYA ALVAREZ NUNEZ (Cuba) said her delegation’s letter clearly showed that the host country’s policies on restrictions of movement based on nationality were discriminatory and unfair.  Indeed the politically motivated practice of refusing travel requests in such a manner -– a peculiar relic of the Cold War era -- was abusive and humiliating.  She added that while the host country continually stressed the participation of civil society and the private sector in the work of the United Nations, it also placed arbitrary restrictions on the travel of certain Permanent Missions that limited that involvement. 

She went on to say that the refusal of the request from a Cuban delegate to travel to Pennsylvania to give a lecture at a university had been particularly unjustified.  She said that proof should be provided that the host country was working to put an end to such practices.

She had also noted difficulties that some members of the Cuban delegation faced when seeking rental accommodation.  Discriminatory policies of the host country seriously hampered the work of Permanent Missions, she said, and she expressed the hope that these problems would be taken seriously by the United States representative.

VLADIMIR Y. TARABRIN (Russian Federation) reiterated his country’s position -- expressed several times previously in the General Assembly’s Sixth Committee (Legal), he explained -- that restrictions placed on travel by the host country were discriminatory and contravened international instruments.  He hoped its authorities would review those policies in the near future.

ROBERT C. MOLLER (United States) said he was “frankly dismayed” by the statements.  He said the Host Country Committee had been working by consensus on very difficult issues, with the full involvement of the United Nations Legal Affairs Office.  The United States had responded to the letter from the Cuban Mission, outlining its position as to what it considered official and non-official business.  He said he would like to know what speaking at Lehigh University had to do with the United Nations. 

He said the United States had constantly worked within the provisions of the Headquarters Agreement and abided by it.  It also dealt with the United Nations Legal Counsel and had abided by his opinion.  He said the representative of the Russian Federation could raise the issue at the Sixth Committee if he chose.  The United States would defend its position there.  No country should be asked to jeopardize its national security, he said.

Referring to the complaints about housing, he explained that the New York housing market was a free market and highly competitive.

MS. ALVAREZ NUNEZ (Cuba) said she was not surprised by the statement from the United States representative.  There had been no change in the United States position on the subject matter.  Its selective implementation of international agreements ran counter to the Law of Treaties.  The United States must apply international agreements in good faith, adding that the host country knew full well that the reasons for travel restrictions were political.

MR. MOLLER (United States), on a point of order, said his country could  legally restrict the movement of staff of certain missions.  If the States affected wanted to contest those actions, they could do so through the United Nations Legal Counsel. 

MR. AL-KADHE (Iraq) said the Headquarters Agreement and other relevant international agreements must be respected.  The issues raised were of great interest to Missions.  It was important that conditions existed that allowed Missions to operate properly.

MS.ALVAREZ NUNEZ (Cuba) repeated that there had clearly been no change in the United States position.

Other Matters

When the Committee turned its attention to other matters, RUSSELL GRAHAM (United States) said he would like to read a letter which would offer some clarifications regarding the payment of property tax, as he had received inquiries from Committee members on that subject following the broadcasting of a local news programme on diplomatic and consular missions in New York which appeared to owe city taxes.  Many Permanent Missions in New York owned the buildings in which their office space was located, he said.  Some Missions had more space than they needed and often rented or leased that space to other entities.  That was considered a commercial transaction and taxes must be paid on that section of the building, even if the tenant was another diplomatic mission.

He said that buildings owned and occupied by Missions that rented or leased space to other entities were considered “mixed-use” buildings.  Governments that owned premises in this category might wish to discuss their tax status through normal bilateral channels.  He also added that water and sewage taxes were charged for those services by the local Government.  Diplomatic missions were, of course, expected to pay for those services.

SOTIRIOS ZACKHEOS (Cyprus), Committee Chairman, asked if all Members of the United Nations could receive copies of the letter the United States representative had read?

MR. GRAHAM (United States) said a more detailed circular diplomatic note would be issued in the very near future.

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