In progress at UNHQ

Sixty-ninth session,
29th Meeting (AM)
GA/L/3494

Concluding Sixty-Ninth Session’s Final Debate, Legal Committee Holds to Tradition, Approving without Vote 10 Texts, Decisions

Draft Resolution on Geneva Conventions Marks 150th Anniversary, Universal Acceptance

Concluding its sixty-ninth session, the Sixth Committee took action today on ten matters, and held to its tradition of approving texts and decisions without a vote, with the first of those a draft resolution on the report of the Committee on Relations with the Host Country.

Several delegations, commenting on the Report of the Committee on Relations with the Host Country, noted that they needed more time to consider the matter, with Cuba’s representative stating that study of the agenda item in the seventieth session must be properly planned.  In that way, a lack of time would not hamper Member States’ initiative to improve the resolution on the topic.

Iran’s representative concurred with that stance, proposing that to better illustrate the Host Country Committee’s activities, it could present a matrix, indicating issues referred to, their consideration of those items, and results achieved up to the reporting cycle, along with its annual report.

Among the other texts approved were those on the rule of law, the protection of diplomatic and consular missions and representatives, the elimination of international terrorism and the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts.

Canada’s representative, introducing the draft resolution on measures to eliminate international terrorism, noted the inclusion for the first time of the issue of foreign terrorist fighters, with States being urged to address the issue and to cooperate to bring the perpetrators to justice.

Brazil’s representative, responding to the introduction of the text on measures to enhance the protection, security and safety of diplomatic and consular missions and representatives, said he was pleased at the mention of the inviolability of documents and other communications, in a preambular paragraph.  However, he had hoped for a more specific text, in which protections for archives, correspondence and communications had been more explicitly stated.

Liechtenstein’s representative, introducing the draft resolution on the rule of law at the national and international levels, noted that there had been substantive updates to previous resolutions on the matter in four areas, among them, the sharing of national experiences on access to justice and intensifying assistance to that end, as well as the need to support the Rule of Law Unit, so that it could carry out its tasks in an effective and sustainable manner.

Sweden’s representative introduced the 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.  A biennial resolution that emphasizes international humanitarian law also highlighted that, during its 150th anniversary this year, the Conventions had achieved universal acceptance.

However, the representative of the United Kingdom expressed regret that the Committee had been unable to agree to include in that resolution a reference to the 2013 Declaration of Commitment to End Sexual Violence in Conflict.  It defied understanding, he said, that a few delegations had been unable to recognize the efforts of 155 Member States to prevent rape and sexual violence in armed conflict, and hold perpetrators to account.

Also speaking today were representatives of Bulgaria, Cyprus, United States, Turkey, Armenia, Peru, Egypt, Syria, Finland, Costa Rica (speaking for the Community of Latin American and Caribbean States), Nicaragua and of the Delegation of the European Union.

Background

The Sixth Committee (Legal), concluding its work for the sixty-ninth session, would consider several topics, and hear introductions and take action on a number of draft resolutions and decisions.

The Committee had before it the Report of the Committee on Relations with the Host Country (document A/69/26), and would hear an introduction and take action on a draft resolution on the matter (document A/C.6/69/L.19).

The Committee would then consider Observer status for the Cooperation Council of Turkic-speaking States in the General Assembly, and Observer status for the International Chamber of Commerce in the General Assembly.  For background, see Press Release GA/L/3480.

Two other draft resolutions to be introduced and acted upon relate to the work of the International Law Commission: the Report of the International Law Commission on the work of its sixty-sixth session (document A/C.6/69/L.14); and Expulsion of Aliens (document A/C.6/69/L.15).

Other draft resolutions that would be introduced and acted upon concerned the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (document A/C.6/69/L.12); the Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/69/L.18); the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/69/L.13); and the rule of law at the national and international levels (document A/C.6/69/L.20).

Also before the Committee for introduction and action was the draft resolution on Measures to eliminate international terrorism (document A/C.6/69/L.17).

The Committee would then take up consideration of Programme planning and take action on a draft decision relating to Revitalization of the work of the General Assembly (document A/C.6/69/L.16).

In addition, it would also address the matter of the Sixth Committee’s election of its officers.

Introduction of Report and Draft Resolution on Relations with Host Country

BOYLAN BELEV (Bulgaria), Vice Chairman of the Committee on Relations with the Host Country, introducing that Committee’s report, enumerated the topics covered in the report, among which were “entry visas issued by the host country”; “question of privileges and immunities”; “host country activities: activities to assist members of the United Nations community”; “transportation: use of motor vehicles, parking and related matters” and “other matters”.  Noting that the Committee’s recommendations could be found in Chapter IV of the report, he pointed out that the report was short and clear, and could be easily read.  Thus, there was no need to elaborate on the individual topics discussed.

The representative of Cyprus, introducing the draft resolution on the Report (document A/C.6/69/L.19), said that by its text, it would endorse the recommendations and conclusions found therein.  Among those was the request that the host country consider removing the remaining travel restrictions imposed on staff of certain missions and Secretariat staff of certain nationalities.  The text also would note, with concern, the difficulties that some permanent missions continued to experience in obtaining suitable banking services, and would welcome General Assembly resolution 38/306 in that respect.  The Secretary General would also be requested to remain actively engaged in all aspects of relations of the United Nations with the host country.  The Committee on Relations with the Host Country would be requested to continue its work in conformity with its founding resolution and to consider additional appropriate measures to enhance its work and effectiveness.

Statements

GILLES MARHIC, Delegation of the European Union, said the Committee on Relations with the Host Country was essential in handling a variety of issues the diplomatic community might face, such as the security of missions, personnel safety and transportation issues.  Though such matters were often practical in nature, they went to the heart of preserving the legal regime that defined the status of the United Nations and outlined the rights and obligations of diplomatic agents.

It was paramount to safeguard the integrity of the relevant body of international law, he said, particularly the Headquarters Agreement, the Vienna Convention on Diplomatic relations and the Convention on the Privileges and Immunities of the United Nations.  He expressed appreciation for the host country’s continued efforts in the timely issuance of entry visas to representatives of Member States and observers, and in facilitating the provision of suitable banking services.  He also voiced encouragement for any possible improvements in such efforts.

TANIERIS DIEGUEZ LAO (Cuba) voiced concern regarding the irregularities in the timely compliance of the host country to issue entry visas to diplomatic representatives.  The host country would have to redouble its efforts to resolve those difficulties and to comply with the Headquarters Agreement and the related conventions.  Also, the policy of applying restrictions on the movements of Cuban diplomats and international civil servants of Cuban citizenship accredited to the United Nations was unfair, discriminatory, and politically motivated.  It flouted the obligations of the host country.  It must be eliminated immediately.

On the issue of speeding up of customs and immigration procedures, she called on the host country to continue its efforts to train police, security and customs and border control officers in order to respect diplomatic privileges.  The parking programme should be applied appropriately and equitably.  Noting the persistent problems related to the bank accounts of certain missions, she said the host country must also take all necessary measures to prevent its domestic regulations from creating difficulties of that kind.  Study of the agenda item in the seventieth session must be properly planned, so that a lack of time would not hamper Member States’ initiative to improve the text of the resolution on the topic.

HOSSEIN GHARIBI (Iran) said the report should continue to factually contain core elements and requests made by meeting participants as well as the activities of the Chair and host country authorities to resolve outstanding issues.  Noting that the agenda item had been taken up in the final hours of the Sixth Committee’s work in the current session, he stressed that the Host Country Committee should be prepared reasonably in advance of consideration of the item, to allow Member States sufficient time to take note.  To better illustrate the Host Country Committee’s activities, he proposed that, together with its annual report, a matrix, which indicated issues referred to the Host Country Committee, its consideration, and results achieved up to the reporting cycle be provided.  Such a matrix would be informative and helpful for Member States, and improve visibility of the Host Country Committee’s work.

Moreover, consideration of the agenda item in the Sixth Committee should be consistent with its practice on other items.  By its seventy-first session in 2016, there should be no distinction between consideration of that item and other items.  Also, there should be reasonable time for delegations to consult with their capitals in negotiating and drafting the resolution.  Recalling that General Assembly resolution 28/19 had asked the Secretary-General to report on the implementation of the Headquarters Agreement to the Host Country Committee, he asked the Secretariat to revive that practice by the Secretary-General.  Stressing that the Host Country Committee’s working methods needed to be improved, he said the Sixth Committee, through its relevant draft resolution this year, had shown its interest in enhancing the effectiveness of the Host Country Committee’s work.  The well-functioning of missions was in the interest of all Member States.

MARK SIMONOFF (United States) said that as the host country, the United States took all its obligations under the Headquarters Agreement seriously.  The Committee’s deliberations over the past year had focused on mitigating delays in visa issuance and ensuring the safety and security of United Nations missions.  In regards to the situation involving banking and financial services, the host country had worked hard to assist missions and mission staff to secure banking services.  It had participated in a briefing for all delegations, and had worked bilaterally with missions to help them secure such services.  Underscoring that the host country remained available to assist all missions in that respect, he encouraged delegations to bring any issues to the host country bilaterally, if they preferred.

Action on Draft Resolutions

The Committee first took up the draft resolution on the Report of the Committee on Relations with the Host Country (document A/C.6/69/L.19), which was then approved without a vote.

Turkey’s representative, on the matter of requesting Observer status for the Cooperation Council of Turkic-speaking States in the General Assembly, asked that consideration of the item be deferred to the next session of the General Assembly, as no consensus had been reached on the matter.

The Committee then decided to do so without a vote.

The representative of Cyprus, in explanation of position after that decision, reiterated serious reservations concerning whether the organization met the criteria for Observer status contained in General Assembly resolution 49/426.  Although appreciative of efforts by the sponsoring delegations to interact with her delegation on the concerns raised, she remained unconvinced that meaningful progress could be made before the next consideration of the item.  She agreed to continue such consideration, but encouraged the cosponsors to revisit the idea of withdrawing the item from the Sixth Committee’s work programme, if progress proved unfeasible in what would be the fifth consecutive consideration of the item.

The representative of Armenia pointed out that no progress had been made to address his country’s reservations.  However, in the spirit of consensus, he would not object to deferral.  Still, he strongly requested that the sponsoring delegations consider withdrawal of the item.

Turning to the request for Observer status in the General Assembly of the International Chamber of Commerce, the Sixth Committee Chair noted that on 14 October this year, the coordinating delegation, France, had decided not to pursue that request at the current session, while reserving the right to present it at a later date.  In keeping with that decision, the Committee concluded its consideration of the request.

The representative of Peru then introduced two draft resolutions relating to the International Law Commission.  The first, on the Report of the International Law Commission on the work of its sixty-sixth session (document A/C.6/69/L.14), was mainly a technical update of the previous resolution.  However, he highlighted that the resolution, recalling that the Commission was headquartered in Geneva, would call upon the Commission to deliberate on holding part of its sixty-eighth session, in 2016, in New York, and to conduct half of its session in New York every five years.

He then went on to say that by the text of the second resolution on Expulsion of aliens (document A/C.6/69/L.15), the General Assembly would take note of the comments of Governments and the Sixth Committee, so as to reflect the positions of States.  It would further take note of the draft articles.

The Sixth Committee then approved the two draft resolutions without a vote.

Sweden’s representative introduced the 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.6/69/L.12).  The general purpose of the biennial resolution, she said, was to stress the importance of international humanitarian law, to increase protections of civilians during armed conflict and to highlight recent developments in international humanitarian law that could help victims on the ground.  The resolution highlighted the universal acceptance of the Geneva Conventions during their 150th anniversary year.  Among other provisions of the draft, it would call upon States to respect and protect the wounded and sick, as well as health-care personnel and facilities, and medical vehicles in armed conflict, in accordance with their obligations under international humanitarian law.

The draft resolution was then approved without a vote.

In explanation of position after action, the representative of the United Kingdom expressed great regret that the Committee had been unable to agree to include in the resolution a reference to the 2013 Declaration of Commitment to End Sexual Violence in Conflict.  The Declaration recognized that rape and sexual violence inflicted unimaginable suffering, could significantly exacerbate situations of armed conflict and could impede the restoration of peace and security.  Thus, it defied understanding that a few delegations had been unable to recognize the efforts of 155 Member States to prevent rape and sexual violence in armed conflict, and hold perpetrators to account.  More disappointing was the message those delegations had sent to the survivors of rape and sexual violence about the Committee’s inability to recognize the gravity of those crimes.

The representative of Egypt said the strict application of adherence to international humanitarian law was instrumental in the protection of civilians, particularly those most vulnerable.  Noting the resolution’s great importance, he thanked the delegation of Sweden for its efforts.  Reference in the resolution to the third protocol, including all indirect references to it, was regrettable, as it had failed to take into account reservations that had been expressed.

Syria’s delegation said he had joined consensus on the draft resolution, demonstrating the importance he attached to international humanitarian law.  However, there were reservations on any direct or indirect reference to the third additional protocol; that protocol did not garner unanimity as it was approved by a vote.  Numerous Member States at that time had expressed reservations regarding it and the fact that it would establish a precedent, he said, adding that his concerns during the draft preparation phase for protocol III remained today.

The representative of Finland then introduced the draft resolution on the Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/69/L.18), pointing out that the draft text was based on relevant resolutions of the General Assembly.  An addition to its preambular paragraphs noted that diplomatic and consular missions might maintain archives and documents in various forms; official correspondence could also take a variety of forms; and such missions could use a variety of means of communication.

By the text’s operative paragraphs, she continued, States would be urged to strictly observe, implement and enforce all the applicable principles and rules of international law.  They would also be urged to take all appropriate measures at the national and international levels to prevent any acts of violence against diplomatic and consular missions and representatives of intergovernmental organizations, among others.  Furthermore, they would be called to ensure, with the participation of the United Nations, where appropriate, that such acts were fully investigated, with a view to bringing offenders to justice.  States that had not done so would also be urged to become parties to the relevant instruments.

The Committee then approved the draft resolution without a vote.

In explanation of position after action, Brazil’s representative pointed out that many delegations had expressed the hope that the resolution would go beyond the inviolability of officials, and extend to the inviolability of documents and other communications.  Expressing satisfaction that those means had been recognized, he said he would have favoured a more specific text, in which those concerns would have been expressed more explicitly.  Furthermore, the archives, correspondence and communications of international organizations should also have been included.  The new elements brought into the text would strengthen international law on the matter.

The representative of Egypt then introduced the draft resolution on the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/69/L.13), noting that the draft principally contained technical updates to the preceding resolution on the matter.  By the text, the Special Committee’s next session would take place over the course of seven days, from 17 to 25 February 2015, when it would consider an appropriate commemoration of the Organization’s seventieth anniversary, among other things.

The draft resolution was approved without a vote.

The representative of Liechtenstein, introducing the draft resolution on the rule of law at the national and international levels (document A/C.6/69/L.20), said that there had been a substantive update of the resolution in four areas.  The first related to rule of law assistance.  New language in operative paragraph 9 placed national perspectives at the centre of such assistance.  The second set of updates resulted from the High-level meeting on the rule of law, and sought to develop further linkages between the rule of law and the three pillars of the United Nations.  The text also encouraged States that had not yet done so to make voluntary pledges and share experiences in that regard.

The third set of updates, he continued, related to sharing national experiences on access to justice and intensifying assistance to that end. Operational paragraph 20 would decide to include the topic in the provisional agenda of the seventieth session, and would invite Member States to focus on the subtopic “the role of multilateral treaty processes in promoting and advancing the rule of law”.  The fourth set of updates, found in operative paragraph 19, would stress the need for the Rule of Law Unit to carry out its tasks in an effective and sustainable manner, and to be provided means to that effect.  The draft resolution was then adopted without a vote.

The representative of Canada introduced the draft resolution on Measures to eliminate international terrorism (document A/C.6/69/L.17), noting that operative paragraph 9, which was new, would urge States to address the issue of foreign terrorist fighters and to support other States in doing so.  Operative paragraph 10, also new, would emphasize the need for States to deny safe haven and bring to justice or, where appropriate, extradite, on the basis of the principle of extradite or prosecute, the perpetrators of terrorist acts or their supporters, facilitators, participants or those attempting to participate in the financing, planning or preparation of terrorist acts.

Operative paragraph 24, he continued, would establish a working group to finalize a draft comprehensive convention on international terrorism, as well as to discuss the question of convening a high-level conference under the auspices of the United Nations, and operative paragraph 25 would encourage Member States to redouble efforts towards resolving outstanding issues during the intersessional period.

The draft resolution was approved without a vote.

Programme Planning

The Chair noted that there were no documents before the Committee on the item.

He then noted that a number of delegations had expressed concern that the debate on the Report of the Host Country Committee should take place earlier, before negotiations on the draft resolution.  The Host Country Committee’s methods of work, as well as technical considerations, had made it very difficult to consider the item earlier in the session.  He had held discussions this week with the Sixth Committee Bureau and with the delegation of Cyprus, Chair of the Host Country Committee, to seek a solution.  On that basis, the Secretariat of the Host Country Committee had undertaken to use every effort to issue the report of the Host Country Committee at the seventieth session on 13 November 2015.  The debate on the item would then take place on 16 November 2015.  In that regard, the provisional programme of work was orally revised to that effect.

Action on Draft Decision

The Chair then drew the Committee’s attention to the draft decision relating to Revitalization of the work of the General Assembly (document A/C.6/69/L.16).

In explanation of position before action, Costa Rica’s representative, speaking on behalf of the Community of Latin American and Caribbean States (CELAC), expressed concern that, as had been reported, the Sixth Committee would start its work in the seventieth General Assembly session one week later than usual.  The implications of that decision should be thoroughly considered, and measures should be taken to avoid negative impact on the Committee’s work.  She expressed appreciation for the improvement in the delivery of reports, noting that it had greatly impacted the quality of discussions.  Greater interaction between the International Law Commission and the Committee was necessary, and should be facilitated.  Also necessary was increased financial support to the special rapporteurs.  Making possible their visits to New York would enable direct exchange with Member States’ legal experts.

 

Noting progress in the work planning, she said due consideration should be given next year to the time allotted for the Sixth Committee.  Also, the allocation of time for various agenda items should take into account the nature of each topic.  During the current session, delegations did not have enough time for the negotiation of some resolutions.  As a result, many had to be rushed.  The same problem occurred with time allocated to the meetings of Working Groups.  An option worth exploring was extending the Sixth Committee’s session.

Similarly, the granting of Observer status was not an item that would reasonably allow for several requests to be introduced and discussed in one single session, as had occurred during the current session, as well as in several prior ones.  It was also important to have available the constitutive instrument of each organization aspiring to Observer status.  As well, the names of facilitators must be made available early, and those appointments should take into account an equitable geographical representation.

On electronic tools and work platforms, she said the implementation of UniShare had been useful and effective, and PaperSmart had been convenient as well.  She commended the joint efforts of the outgoing and incoming Bureau members who, together with the Secretariat, had prepared a document on lessons learned on working methods to improve the efficiency and effectiveness of the Sixth Committee.

Speaking in explanation of position before action and associating herself with CELAC, Nicaragua’s representative said that in order to achieve the important objective of democratizing the United Nations, measures must be taken to re-establish the General Assembly’s authority.  The Assembly’s functions must be restored, and its relationship with other organs of the Organization strengthened.  On working methods, she said time allocated to the Committee must be considered.  At the current session, several resolutions had been negotiated without sufficient time.  Planning must be improved for future sessions.

Cuba’s representative, also associating herself with CELAC, said the Assembly’s revitalization was a determining element for true reform of the United Nations.  Reiterating several points made by Costa Rica’s representative, she also noted that the practice of approving resolutions at different points of the session had created difficulty in the work of some delegations.  Approving resolutions by the Committee must take place as a whole and at the end, make it possible for delegations to prepare explanations on the topic if necessary.  Also, while electronic tools were important in facilitating the work of the Committee, they should not be used as a substitute for paper documentation, which must be made available during negotiations and consultations.

The Committee then approved the draft decision as orally revised.

Procedural Matters

The Chair then turned to the matter of elections of Sixth Committee officers, noting that in accordance with the rules of procedure of the General Assembly, all Main Committees should elect a chair at least three months before the opening of the session.  He requested delegations to recall that, in keeping with the interim arrangement of the pattern for the rotation of Main Committee chairs, the Chair of the Sixth Committee for the seventieth session would come from Latin America and the Caribbean States.

Further, he said, the full Bureau should similarly be elected three months in advance of the next session.  He suggested that regional groups hold consultations to ensure that the Committee would be in a position to elect its next Chair, three Vice-Chairs and a Rapporteur at the appropriate time.  He then concluded the sixty-ninth session of the Sixth Committee.

For information media. Not an official record.