LEGAL COMMITTEE SUPPORTS REVIEW OF PARKING ARRANGEMENTS FOR UNITED NATIONS PERSONNEL AT NEW YORK HEADQUARTERS
| Press Release GA/L/3245 |
Fifty-eighth General Assembly
Sixth Committee
22nd Meeting (AM)
LEGAL COMMITTEE SUPPORTS REVIEW OF PARKING ARRANGEMENTS
FOR UNITED NATIONS PERSONNEL AT NEW YORK HEADQUARTERS
Welcome for Decision of Committee on Relations with Host Country;
United States Says Programme Has Led to Fewer Tickets for Diplomatic Community
The General Assembly would welcome the decision by the Committee on Relations with the Host Country to conduct a detailed review of implementing the Parking Programme for Diplomatic Vehicles initiated last November, the Sixth Committee (Legal) decided this morning by one of two draft resolutions approved without a vote. It approved the resolution after taking up the report of the Committee on Relations with the Host Country.
The second text approved today was on measures to eliminate international terrorism. By its items, the Assembly would decide that the ad hoc committee on the matter would meet from 28 June to 2 July 2004. That committee would continue work on a comprehensive convention on terrorism and one related to nuclear terrorism.
On the host country report, Italy’s representative -– speaking for the European Union and associated countries -- said practical difficulties in implementing the parking Programme could compromise its efficacy and consistency with international law. Host country efforts to improve implementation and inform missions about the Programme’s functioning, and to resolve problems, were appreciated. However, the Programme needed careful monitoring and review.
Introducing his report, the representative of Cyprus, as Chairman of the Host Country Committee, said the parking issue had dominated the Committee’s work all year. An intense review of the Programme’s implementation would be conducted, as had been recommended by the United Nations Legal Counsel.
On another issue, Malaysia’s representative said delegations had met problems with the issuance of entry visas and restrictions in movement. The host country had a right to expect members of the diplomatic community to not abuse the privileges and immunities accorded them; similarly it was to be expected that the full scope of immunities and privileges would be ensured.
The representative of Cuba said delegates from his country had been refused permission to travel to other parts of the United States, away from Headquarters in New York, to attend conferences relevant to the United Nations agenda. He said the actions of the United States authorities contravened the Host Country Agreement and international law.
The United States delegate said his country was honoured to serve as host country to the United Nations and was proud of its record. It had always fulfilled its treaty obligations and commitments in every respect, and remained committed to doing so. The parking Programme was a success; the number of tickets issued to the diplomatic community during 2003 was a very small fraction of that for 2002. Also, Mission members and delegations were given unimpeded access to the Headquarters area. The United States was not required to issue permits for travel to other parts of the country, except for official United Nations business.
Sierra Leone’s delegate acknowledged and thanked the host country for addressing complaints his delegation had made last year. He said some concerns remained and would be taken up with the United States authorities.
The Committee on Relations with the Host Country was established in 1971 to deal with the security of diplomatic missions accredited to the United Nations, the safety of their personnel, and responsibilities with regard to diplomatic delegations. Other questions considered by the Committee include diplomatic privileges and immunities; transportation and parking; housing; activities to assist the diplomatic community; and public relations on behalf of United Nations aims within the community.
Current Committee members are Bulgaria, Canada, China, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, France, Honduras, Hungary, Iraq, Libya, Malaysia, Mali, Russian Federation, Senegal, Spain, United Kingdom and the host country, United States.
The Committee Chairman is currently Andreas Mavroyiannis (Cyprus). The Vice-Chairmen are the representatives of Bulgaria, Canada and Côte d’Ivoire. Emilia Castro de Barish (Costa Rica) serves as rapporteur. A representative of the host country attends Bureau meetings ex officio.
The Sixth Committee meets again at 10 a.m. tomorrow, Thursday, 6 November, when it is expected to take up a number of draft resolutions, relating to the question of a convention against reproductive cloning and on the report of the International Law Commission.
Background
The Sixth Committee met this morning to discuss the report of the Committee on Relations with the Host Country and to take action on draft resolutions.
Report of Host Country Committee
The report of the Committee on Relations with the Host Country (document A/58/26) contains an account of its sessions during the year on a range of issues, as well as the Committee’s recommendations and conclusions.
Topics considered by the 19-member Committee included entry visas issued by the host country, parking and related problems, security of missions and safety of their personnel. Another issue dealt with was host country travel regulations.
In its recommendations and conclusions, the Committee, as in previous years, reaffirmed the Headquarters Agreement between the United Nations and the host country, as well as the provisions of the 1961 Vienna Convention on Diplomatic Relations and the 1946 Convention on the Privileges and Immunities of the United Nations.
The Committee noted that the observance of privileges and immunities was an issue of great importance, and emphasized the need for solving, through negotiations, problems that might arise for the normal functioning of the delegations and the missions accredited to the United Nations.
It said that following the first anniversary of the implementation of the parking Programme of Diplomatic Vehicles, it would conduct a detailed review of it, as recommended by the United Nations legal Counsel. The host country was asked to bring to the attention of New York City officials reports about problems experienced by permanent missions or their staff and to promote compliance with international norms concerning diplomatic privileges and immunities.
Recalling General Assembly resolution 43/172 of 9 December 1988, the Committee stressed the importance of a positive public perception of the United Nations, and urged that efforts continue to build up awareness of its role in the strengthening of international peace and security.
The Committee said it anticipated that the host country would continue to ensure the issuance, in a timely manner, of entry visas to representatives of Member States. It again urged the removal of the remaining travel restrictions as soon as possible on personnel of certain missions and staff members of the United Nations Secretariat of certain nationalities.
The Committee on Relations with the Host Country was established by General Assembly resolution 2819 (XXVI) of 15 December 1971. Non-members of the Committee participate in its work as observers.
Draft Resolutions
A draft resolution on the report of the Committee on Relations with the Host Country (document A/C.6/58/L.23) would have the Assembly endorse the Committee’s recommendations and consider that maintaining appropriate conditions for the work of delegations and missions was of great importance and in the interest of all Member States. It would request the host country to continue solving problems through negotiation and to take all measures to prevent interference in the functioning of missions.
Further, the Assembly would welcome the Committee’s decision to conduct a detailed review of the parking Programme’s implementation. It would note that travel controls imposed on certain staff remained in effect and that timely issuance of visas to Member State delegates was anticipated. Finally, the Secretary-General would be requested to remain actively engaged in all aspects of relations between the United Nations and the host country.
Also before the Committee is a draft on measures to eliminate international terrorism (document A/C.6/58/L.19). By it, the Assembly would urge all States to become parties to the relevant conventions and protocols, as a matter of urgency, and to make the best use of the existing United Nations institutions for the purpose. Further, it would urge States to cooperate with the Secretary-General and each other in ensuring that technical and other expert assistance were provided to States requiring and requesting it.
By the draft, the Assembly would also decide that the ad hoc committee on the matter would continue elaborating a draft comprehensive convention on international terrorism, and continue efforts to resolve outstanding issues on this and also on the convention related to nuclear terrorism. Also, the question of convening a high-level conference under United Nations auspices to formulate a joint organized international response to terrorism in all its forms and manifestations would remain on the agenda.
Introduction of report and draft resolution
ANDREAS D. MAVROYIANNIS (Cyprus), Chairman of the Committee on Relations with the Host Country, introduced the Committee’s report contained in document A/58/26.
He said the Committee was an important forum for Member States to have a constructive exchange on their problems. It was the only body in the United Nations mandated to discuss problems of the diplomatic community in New York and to report to the General Assembly. The issue that had dominated its work had been the parking problems of diplomatic missions. The Committee intended to conduct an intense review of the implementation of the parking Programme for Diplomatic Vehicles, which was introduced a year ago as recommended by the United Nations Legal Counsel.
He expressed appreciation for the cooperation of the Host Country, Committee members and the Office of the Legal Counsel for their cooperation.
He later introduced a draft resolution on the Committee’s report contained in document A/C.6/58/L.23.
SARAH AL BAKRI DEVADASON (Malaysia) said she recognized the host country’s right to expect members of the diplomatic community to not abuse the privileges and immunities accorded them, and trusted that the full scope of immunities and privileges would be ensured in turn. Ongoing dialogue within the Committee should continue, so as to create better understanding and cooperation between the host country, the United Nations and Member State representatives.
On travel controls, she noted instances of delegations meeting problems with the issuance of entry visas and restrictions in movement. An address of that issue in a manner satisfactory to all concerned would be welcome. The parking Programme initiative of the United States Mission and New York City was valuable with regard to resolving issues in the parking of diplomatic vehicles. Unfortunately, implementation in the past year had shown the Programme was riddled with shortcomings needing to be addressed. The detailed review was anticipated and would, hopefully, ensure that it would be implemented in a fair, non-discriminatory and effective manner consistent with international law.
GIUSEPPE NESI (Italy), speaking on behalf of the European Union and related countries, said the Committee this year had discussed a number of problems related to entry visas, transportation, security of missions and personnel as well as host country travel regulations. Many delegations had expressed concerns about the modalities of implementing the parking Programme for Diplomatic Vehicles initiated in 2002. Practical difficulties had occurred that could compromise the Programme’s efficacy and consistency with international law if they were left unresolved. Host country efforts to improve implementation and inform missions about the Programme’s functioning, and to resolve problems, were appreciated. However, it must be stressed that the Programme needed careful monitoring. The host country had also given assurance that the Programme would be reviewed to fully address difficulties.
Further, he said the European Union understood the host country’s security concerns. However, missions had to efficiently carry out mandates and that meant entry visas needed to be issued in a timely manner. Issues arising with regard to travel and movement of representatives must be settled in conformance with the Headquarters Agreement. At the same time, there was gratitude for the host country’s efforts to ensure the security of missions and personnel after 11 September 2001. The extraordinary measures introduced since then were understood and fully supported.
ORLANDO REQUEIJO GUAL (Cuba) referred to the recommendations and conclusions of the Committee, among which, he said, was the need for timely issuance of entry visas for representatives of Member States under the Headquarters Agreement, including to attend official United Nations meetings. Another related to the travel regulations issued by the host country regarding personnel of certain missions and staff members of the Secretariat of certain nationalities.
He said he regretted that Cuban delegates had been denied entry visas to attend sessions of the General Assembly and other conferences on subjects on the United Nations agenda within the United States, but away from the Organization’s Headquarters in New York. The actions of the United States authorities contravened the Headquarters Agreement. Those restrictions were also unjust, discriminatory and against customary standards of international law. He hoped the parking Programme would be implemented without discrimination, as recommended by the United Nations Legal Counsel.
ALLIEU IBRAHIM KANU (Sierra Leone), a Vice-Chairman of the Sixth Committee, extended profound thanks to the host country for addressing concerns he had expressed last year during the consideration of the Committee’s report. His delegation still had some concerns which he would raise with the representatives of the host country.
ERIC ROSAND (United States) said his country was honoured to serve as Host Country to the United Nations and was proud of its record in that respect. Since 1946, the United States Government had fulfilled its treaty obligations and commitments in every respect, and it remained committed to doing so in the future.
He said the United States delegation believed that the Committee on Relations with the Host Country was a valuable forum for discussing all issues relating to the presence of “this large, diverse and dynamic diplomatic community in one of the largest, most diverse and most dynamic cities in the globe”. He also said the Committee’s meetings –- and those of its working groups –- provided the host country with an opportunity to assess the United Nations community’s concerns, allowing the United States to address those issues together.
He said the new diplomatic parking programme had been a success. The number of parking tickets received by the diplomatic and consular corps in New York during 2003 was a very small fraction of what it has been in 2002. As of today, almost 99 per cent of all diplomatic vehicles were in compliance with the parking programme. That was a figure of which all could be proud, he said. The United States Mission was committed to working with the appropriate authorities of the City of New York to ensure that the programme functioned as it was intended to.
He said the restrictions on private non-official travel on members of certain Missions did not violate international law. The United States was required to, and did, provide Mission members and delegations with unimpeded access to the United Nations Headquarters district. It was required to permit those individuals to travel to other parts of the country, unless they did so on official United Nations business.
Action on Drafts
The Committee took up the draft resolution on the report of the Committee on Relations with the host country (document A/C/6/58/L.23).
The draft was approved without a vote.
The draft on measures to eliminate international terrorism was taken up. It had been introduced by Australia on behalf of the Bureau with an oral amendment that the ad hoc committee on the matter would reconvene from 28 June to 2 July of next year.
The Committee Secretary read out the programme budget implications. He said conference servicing costs were expected to be approximately $216,500. The meetings had already been programmed into the budget and therefore no additional costs would be incurred.
The draft was approved without a vote.
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