Speakers Question Host Country’s Political Biases in Discharging Duties, Issuing Visas, Imposing Travel Restrictions, as Sixth Committee Takes up Annual Report
Delegates Take Action on Draft Resolutions, Conclude Special Charter Committee Debate
Along with taking action on several draft resolutions today, the Sixth Committee (Legal) also took up the report of the Committee on Relations with the Host Country, as many speakers expressed concern that bilateral political considerations have impacted the host country’s discharge of its multilateral duties under the United Nations Headquarters Agreement.
The Committee approved without a vote several draft resolutions, including “Report of the United Nations Commission on International Trade Law on the work of its fifty-fifth session” (document A/C.6/77/L.7); “United Nations Convention on the International Effects of Judicial Sales of Ships” (document A/C.6/77/L.8); “Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services” (document A/C.6/77/L.9); “Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm” (document A/C.6/77/L.11); “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives” (document A/C.6/77/L.6); and “The rule of law at the national and international levels” (document A/C.6/77/L.10).
Andreas Hadjichrysanthou (Cyprus), Chair of the Committee on Relations with the Host Country, introduced the report of that Committee during the session (document A/77/26) and highlighted the expectation therein that the host country ensure the issuance of entry visas to all representatives of Member States in line with the Headquarters Agreement. He noted that, if certain issues raised in that text remain unresolved following a reasonable, finite period, the Host Country Committee would reiterate its recommendation for the Secretary-General to take any appropriate steps under section 21 of the Headquarters Agreement.
On that point, the representative of Venezuela, speaking for the Group of Friends in Defense of the Charter of the United Nations, said that the activation of the arbitration procedure provided under section 21 seems to be the only viable way forward to end selective policies. He also said that issues with visas, movement restrictions, banking and the inviolability of diplomatic premises only affect — not by coincidence — States with which the host country’s Government has political differences at the bilateral level.
Iran’s representative, speaking for the Non-Aligned Movement, underscored that political considerations must not interfere with the provision of facilities required under the Headquarters Agreement for States to participate in United Nations activities. The Agreement applies irrespective of the bilateral relations existing between Governments and the host country, he added, underlining the host country’s critical role in preserving multilateralism.
The representative of China concurred, stressing that “only when the legitimate rights of each and every Member State are guaranteed will the United Nations be able to fully fulfil its functions in multilateral diplomacy”. He also pointed out that section 21 of the Headquarters Agreement provides for the methods and steps of dispute settlement, which should be applied to ensure participation of Member States as equals in the Organization’s work.
The representative of the European Union, in its capacity as observer, echoed that sentiment, stressing the importance of all delegations fully participating in United Nations activities. She also expressed concern that issues related to the implementation of the Headquarters Agreement may affect the work and effective functioning of the Organization, encouraging all concerned parties to engage bilaterally with the host country in a timely manner to find solutions.
The representative of Belarus, however, said that despite regular requests to the host country, issues are still outstanding. Urging the host country to comply with the Headquarters Agreement, he stressed that the obstacles that country has imposed are artificial and “blatantly political in nature”. They result from Washington, D.C.’s egocentric policy of pursuing its own aims to the detriment of multilateral diplomacy, he added.
Similarly, the representative of the Russian Federation pointed out that the situation has not improved for years, noting that a whole group of Member States have been subject to systemic discrimination based on the degree of their bilateral relations with the United States. “Russia is one of those countries worst affected by this kind of discrimination,” he stressed, underlining that the United States is deliberately abusing its position as host country.
The representative of the United States then took the floor to report that the host country issued the vast majority of requested visas for this fall’s General Assembly on time, including approximately 95 per cent of visas requested by the Russian Federation. This was a significant number, she noted, given challenges faced as a result of that State’s actions and decisions. Stressing that the United States Mission continues constructive dialogue to resolve issues, she said that calls for more formal dispute resolution are inappropriate, unjustified and counterproductive. “The United States is honoured to have the privilege of hosting the United Nations in this great city of New York,” she added, stressing: “We do not take our responsibilities lightly”.
At the outset of the meeting, the Sixth Committee concluded its debate on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. (For background, see Press Release GA/L/3675.)
Sudan’s representative said that the Security Council’s encroachment on the mandates of the General Assembly and the Economic and Social Council requires States to reconsider creating balance between these mandates. Further, the Security Council should only impose sanctions to achieve specific goals. Such measures should be determined based on applicability, bound by specific timeframes and lifted when their goals cease to exist. He added that the Security Council should avoid resorting to Chapter VII when looking into disputes that do not necessarily constitute a threat to international peace and security.
At the close of the meeting, the representative of Israel introduced a draft resolution titled “The law of transboundary aquifers” (document A/C.6/77/L.12).
Also speaking on the Special Committee were representatives of Cuba and the Philippines.
Also speaking on the Host Country Committee were representatives of Iran (in its national capacity), Singapore, Cuba, the United Kingdom and Syria.
The representative of Syria spoke during action on draft resolutions.
The Sixth Committee will next meet at 10 a.m. on Thursday, 10 November, to receive the reports of certain working groups, take action on a draft resolution, consider requests for observer status in the General Assembly and begin its consideration of “Revitalization of the work of the General Assembly”.
Special Committee on the Charter of the United Nations
ARIANNA CARRAL CASTELO (Cuba), associating herself with the Non-Aligned Movement and the Group of Friends in Defense of the Charter of the United Nations, said that the importance of the mandate of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization is reaffirmed in current international circumstances. Certain countries are attempting to reinterpret the Charter’s principles to promote their political agendas of interventionism and interference in the internal affairs of other States. The United States, as part of such interference, imposes unilateral coercive measures on States, including its economic, financial and trade blockade against the Cuban people. She pointed out that certain delegations impeded the Special Committee’s work this year, demonstrating an aggressive attitude during the debate on peaceful settlement of disputes that prevented the adoption of other chapters of the report. Further, some States are making it difficult to adopt any decisions in the Special Committee, alleging disagreement without discussing their stances. She also voiced her rejection of the double standards imposed by some countries in the context of the Special Committee’s work.
CHARLENE ARAVEJO BERIANA (Philippines), associating herself with the Non-Aligned Movement, pointed out that the 1982 Manila Declaration on the Peaceful Settlement of International Disputes is the first comprehensive plan and consolidation of the legal framework for the peaceful settlement of international disputes, building upon and promoting general international law, the Charter of the United Nations and other key instruments. Spotlighting the fortieth anniversary of the Declaration, she noted that her country marked this milestone with an exhibit, “When the World Declared Peace”. She underscored that the peaceful settlement of disputes remains the central concern of the United Nations and of its Member States, equal to the imperative obligation of each one to its self-preservation and defence. The efforts to strengthen the process of the peaceful settlement of disputes must continue tirelessly, she said, underlining the need to adapt the Declaration to the realities that have since emerged. “This Declaration marks an important step forward for the United Nations and the international community generally in our efforts to enhance the capacity of the United Nations for peacemaking,” she added.
AMMAR MOHAMMED MAHMOUD MOHAMMED (Sudan), associating himself with the Non-Aligned Movement and the African Group, stressed that the Special Committee should play a key role in the reform of the Organization. Encroachment by the Security Council on the mandates of the General Assembly and the Economic and Social Council requires States to reconsider creating balance between these mandates, especially considering that the Assembly is the widest representative organ. Further, the Special Committee should continue to study Chapter IV of the United Nations Charter, especially Articles 10 to 14 on the power of the Assembly. Turning to sanctions, he said the Security Council should only impose them for specific goals. Sanctions should be determined based on applicability, bound by specific timeframes and lifted when their goals cease to exist, he stressed, adding that requirements asked of States subject to them should be reviewed periodically. Supporting international and regional efforts for the peaceful settlements of disputes, he called for enhancing the International Court of Justice. Further, the Security Council should avoid resorting to Chapter VII when looking into disputes that do not necessarily constitute a threat to international peace and security.
Committee on Relations with Host Country
ANDREAS HADJICHRYSANTHOU (Cyprus), Chair of the Host Country Committee, introducing the related report (document A/77/26), noted it reiterates the expectation that the host country will ensure the issuance of entry visas to all representatives of Member States and members of the Secretariat in line with the Headquarters Agreement and addresses the treatment of diplomats transiting to and from the United Nations Headquarters district. Citing the tightening of travel restrictions applied to a certain mission, he spotlighted the intense discussions on several items of great importance to the affected Member States related to the implementation of the Headquarters Agreement — in particular with respect to entry visas.
The Committee has continued to grapple with the differing views as to whether progress has been made by the host country regarding recommendations and conclusions that the Host Country Committee adopted last year, he continued. In that regard, he noted that if certain issues raised in the report of the Host Country Committee remained unresolved following a reasonable and finite period of time, the Host Country Committee would accordingly reiterate its recommendation to the Secretary-General to “now give most serious consideration and take any appropriate steps under section 21 of the Headquarters Agreement and to enhance efforts to resolve the issues”. Underlining that the recommendations and conclusions of this year’s Report accurately reflect this situation, he thanked the Secretary-General and the Legal Counsel for their engagement with the Host Country Committee, in particular their ongoing bilateral engagement with senior officials of the host country.
MOHAMMAD GHORBANPOUR NAJAFABADI (Iran), speaking for the Non-Aligned Movement, underlined the critical role of the host countries of the United Nations Headquarters and Offices in preserving multilateralism, as well as in facilitating multilateral diplomacy and inter-Governmental norm-making processes. He called on all such States to facilitate the presence of Member States’ representatives in relevant United Nations meetings, noting that the provisions of the Headquarters Agreement apply irrespective of the bilateral relations existing between Governments and the host country. Expressing concern over the host country’s denial of, or delay in issuing, entry visas to representatives of the Movement’s member States, he underscored that political considerations must not interfere with the provision of facilities required under the Headquarters Agreement for such States to participate in United Nations activities.
He also expressed concern over arbitrary movement restrictions imposed on diplomatic officials of some of the Movement’s member States by the host country. Such restrictions are flagrant violations of the Vienna Convention on Diplomatic Relations, the Headquarters Agreement and international law. He therefore urged the host country to take all necessary measures to remove the same without delay. He recalled the decision adopted by the Heads of State and Government of the Movement’s member States in 2019 to present a short, action-oriented draft resolution demanding that the host country fulfil its responsibilities. This aims to ensure that Member States’ delegations have the capacity to fully exercise their right of participation in multilateral meetings — as well as their diplomatic duties and official responsibilities — in a proper manner, he added.
SIMONA POPAN, representative of the European Union, in its capacity as observer, noted that during the reporting period the Host Country Committee examined a number of important topics, including the security of premises of missions, issuance of visas, travel regulations issued by the host country and banking services. Acknowledging the degree of progress made, she also stressed the importance of all delegations fully participating in the work of the Organization and the unrestricted right of the persons mentioned in section 11 of the Headquarters Agreement to enter the United States for the purpose of proceeding to the Headquarters district. She further pointed out the long-standing position of the Host Country Committee that there is no room for the application of measures based on reciprocity in the treatment accorded to permanent missions accredited to the United Nations in New York. Noting that for the fourth consecutive year, the Host Country Committee engaged in difficult negotiations for the adoption of its recommendations and conclusions, she welcomed the successful conclusion of the consultations and the adoption of a compromise text.
Expressing concern that issues related to the implementation of the Headquarters Agreement may affect the work and the effective functioning of the Organization, she encouraged the Host Country Committee, the host country and the Secretariat to remain seized of the issues of its agenda and to continue resolving them in a spirit of compromise in full regard for the interest of the Organization. She further encouraged all concerned parties to engage bilaterally with the host country in a timely manner to find solutions in an expedient manner. She also urged the Secretary-General and the Legal Counsel to continue engaging with the authorities of the host country to resolve outstanding issues in line with the Headquarters Agreement, in consultation with the permanent missions of the affected Member States. “We believe that dialogue in a spirit of good faith and in full regard for the interest of the Organization remains the best avenue for finding acceptable solutions in line with international law,” she stressed.
JHON GUERRA SANSONETTI (Venezuela), speaking for the Group of Friends in Defense of the Charter of the United Nations and associating himself with the Non-Aligned Movement, said that the issues with visas, travel and movement restrictions, banking issues and the inviolability of diplomatic properties remain unresolved. Recalling the possibility of action under section 21 of the Headquarters Agreement if these issues are not resolved in a reasonable time, he said that despite efforts, progress was not made. The ongoing challenges with the implementation of the Headquarters Agreement have resulted in systematic episodes that have turned into “obstacles that continue to deliberately limit the ability of certain Member States to effectively discharge their responsibilities and, thus, fulfil the purposes of the Organization”, he said.
Adding that this is “an abuse” of the host country and a violation of the Charter of the United Nations, particularly the sovereign equality of States, he highlighted that, not by coincidence, this situation affects only the States with which the host country’s Government has political differences at the bilateral level. The Secretary-General’s efforts to redress these issues with the host country have not yielded the desired outcome. The activation of the arbitration procedure provided under section 21 seems to be the only viable way forward to ensure its integrity and an end to selective policies, he added. He urged the Secretary-General to proceed accordingly, without further delays. He also called for the host country to show respect for diplomatic customs, norms of international law and the United Nations Charter, irrespective of bilateral differences with States.
ZAHRA ERSHADI (Iran), associating herself with the Non-Aligned Movement and the Group of Friends in Defense of the Charter of the United Nations, noted that hosting United Nations Headquarters is a privilege in and of itself. Host countries are expected to provide an environment that enables the Organization to fully and efficiently discharge its responsibilities, and obligated to create a composed environment, including adequate access to the Headquarters, travel and transit to and within the host countries and prompt issuance of visas. However, outstanding issues such as visa restrictions, travel and movement restrictions, security of missions and their personnel, property of a mission and banking issues all still exist unresolved. Highlighting the 25-mile radius movement restriction imposed on her Mission, which was reverted to after a 3-mile radius restriction, she stressed that it was an obvious example of discrimination. Invocation of humanitarian exemptions by the host country’s representatives does not exonerate its intrinsic obligations to abide by its responsibilities under the relevant instruments. She also added her rejection of the unsubstantiated and excessive use of “security issues” to justify imposing different forms of restrictions on some specific missions. The Secretary-General not only has the discretion but also the obligation to turn towards implementing three consecutive General Assembly resolutions in order to preserve the credibility, independence and functionality of the Organization.
EVGENY SHAEV (Belarus), associating himself with the Group of Friends in Defense of the Charter of the United Nations and the Non-Aligned Movement, expressed concern over delays and rejections in renewing and issuing visas, movement restrictions, blocked financial transactions, impediments to the use of property and the inadequate provision of security for diplomats and their family members. Despite regular requests to the host country, these issues are still outstanding, he said, highlighting the need for a swift response to address these impediments that affect the work of foreign missions and their staff. Urging the host country to comply with the Headquarters Agreement, he recalled the words of the United States representative in the Host Country Committee regarding staff shortages, the COVID‑19 pandemic and technical problems that led to issues. Such statements are unfounded, and these obstacles are artificial and “blatantly political” in nature. They result from Washington, D.C.’s egocentric policy of pursuing its own aims to the detriment of multilateral diplomacy. He added that statements of support by a number of foreign partners of the United States are purely political.
LI KAI (China) underlined the importance of the leadership of the Chair of the Host Country Committee in strengthening the coordination and cooperation between the host country and the permanent missions of the United Nations. He thus expressed appreciation of the work of the Host Country Committee for adopting a work report by consensus. However, relevant visa and travel restrictions have been long-standing and remain without proper settlement, affecting the normal participation of Member States concerned in the work of the Organization. He underscored, once again, that the relevant issues must be properly resolved in compliance with the Charter and the Headquarters Agreement. “Only when the legitimate rights of each and every Member State are guaranteed will the United Nations be able to fully fulfil its functions in multilateral diplomacy,” he stressed. He pointed out that section 21 of the Headquarters Agreement provides for the methods and steps for dispute settlement. These should be applied to settle disputes and ensure participation of the Member States as equals in the work of the Organization, he said.
BURHAN GAFOOR (Singapore) said relevant instruments of international law, including the Charter of the United Nations, Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations — also known as the New York Convention — must be fully respected by the host country. He expressed concern regarding the non-issuance of entry visas to representatives of certain Member States, including heads of delegations, and cited the “unrestricted right of the persons mentioned in section 11 [of the Headquarters Agreement] to enter the United States for the purpose of proceeding to the Headquarters district”. He called on the host country and other relevant States to resolve such issues and supported the Host Country Committee’s call for the host country to review its processes of granting visas. Further, if visa-related issues are not resolved, the multilateral system will be gradually weakened, he said, calling on the host country to assume its responsibilities in this context. The Secretariat and the host country should engage in discussions on issues raised in this Committee regularly, he added.
YURI ARIEL GALA LÓPEZ (Cuba) highlighted the repetition of a scenario of unjustified restrictions on a number of Member States that cannot exercise their functions due to non-compliance by the United States as host country. He pointed to arbitrary restrictions on movement, the arbitrary delay and denial of visas, unjustified expulsion of accredited representatives and the seizure of property and bank accounts. Three years after the adoption of General Assembly resolution A/Res/74/195, there is still no arbitration on the issue. The report reflects violations by the host country, a lack of respect for Member States and an open abuse of power to wield its political agenda. Since November 2020, there have been hostile demonstrations outside his Mission, without any measures taken by the host country to protect it — inaction that makes it impossible for staff to fulfil their duties. Noting that his delegation’s representatives can only circulate in Manhattan, he underlined the moral and legal imperative mandating that General Assembly resolutions be carried out, bringing an end to the host country’s violations.
CHANAKA LIAM WICKREMASINGHE (United Kingdom) noted that the Host Country Committee has considered a number of issues this year, including those concerning visas, travel restrictions and banking. While there has been progress in resolving some aspects of such issues, others remain unresolved for some States. Noting that the Host Country Section of the United States mission has expressed its ongoing willingness to work with all States to overcome difficulties, he said that the Section’s work has been widely appreciated by members of the Host Country Committee. Further, the Secretary-General has continued dialogue with the host country’s authorities, and both sides remain committed to such talks on an ongoing basis. He emphasized, therefore, that the most appropriate way to resolve outstanding issues is through continuing dialogue, whether that be bilateral between a concerned State and the host country, between the Secretary-General and the host country’s authorities or in the Host Country Committee.
SERGEI A. LEONIDCHENKO (Russian Federation) pointed out that the situation has not improved for years, and violations are becoming increasingly varied. In this regard, a whole group of Member States have been subject to systemic discrimination based on the degree of their bilateral relations with the United States. “Russia is one of those countries worst affected by this kind of discrimination,” he stressed, describing the situation with visa renewals for the Mission’s staff and their family members. He also spotlighted increasing discrimination regarding visas against his country’s citizens who have been successful in the competitive exams for positions at the Secretariat. “Russians who already work there, can’t get visas for years either,” he stressed, adding that visa-related difficulties encountered by Russian Federation experts from the capital either prevented their participation or left them underrepresented “practically at all the United Nations meetings”. The United States is deliberately abusing its position as the country hosting the Organization’s Headquarters. Further, he recalled the unlawful seizure of the Mission’s premises in Long Island. “Essentially, diplomatic properties were stolen from us,” he stressed, saying that United States authorities recognized for decades privileges and immunities thereof.
MHD. RIYAD KHADDOUR (Syria), associating himself with the Non-Aligned Movement and the Group of Friends in Defense of the Charter of the United Nations, welcomed the recommendations in the Host Country Committee’s report, including invoking section 21 of the Headquarters Agreement. Noting inaction by the host country on outstanding issues, he said his State continues to face restriction and discriminatory treatment, despite its requests being based on legal obligations. Issuance of visas and the extension of residencies take a long time, he said, adding that the host country’s Government issues single-entry visas for six months without consideration of emergencies that might force delegates to travel and come back. Stressing that the 25-mile radius travel restriction is still being imposed on Syria, in addition to banking restrictions, he called these measures punitive and discriminatory. In case there is a lack of progress on outstanding issues, the Host Country Committee is incumbent to look into the legal alternatives in section 21 of the Headquarters Agreement, he added.
ELIZABETH MARYANNE GROSSO (United States) reported that the Host Country Section works countless hours to assist missions with an array of issues ranging from routine administrative questions to emergency situations. Its leadership has engaged throughout the year with the members of the Host Country Committee, representatives of interested States and with the United Nations Office of Legal Affairs to address concerns. For this fall’s General Assembly, the host country issued the vast majority of requested visas on time — including approximately 95 per cent of visas requested by the Russian Federation, a significant number given challenges faced as a result of that State’s actions and decisions. Ambassador Linda Thomas-Greenfield explained these concerns in two letters to the Secretary-General this year, shared with all Member States, she pointed out. To ensure timely issuance, she encouraged all Member States to continue to apply for visas well in advance of their intended travel, include all requested application information and share any concerns about a particular visa, especially when it comes to last-minute travel.
She further reminded them to refrain from applying for diplomatic visas to engage in unauthorized activities that are unrelated to United Nations business. Stressing that the United States Mission and senior officials in the Government continue to be in constructive dialogue with the United Nations Office of Legal Affairs — and the Host Country Committee’s work to resolve issues — she noted that calls for more formal dispute resolution are inappropriate, unjustified and counterproductive. She welcomed the Host Country Committee’s approval by consensus of the recommendations and conclusions that appear at the end of its report. The Sixth Committee should follow prior practice, folding recommendations of the Host Country Committee into its own resolution and approving that resolution by consensus, she said. “The United States is honoured to have the privilege of hosting the United Nations in this great city of New York,” she added, stressing: “We do not take our responsibilities lightly.”
Introduction and Action on Draft Resolutions
The Sixth Committee then took up the draft resolution “Report of the United Nations Commission on International Trade Law on the work of its fifty-fifth session” (document A/C.6/77/L.7). (For background, see Press Release GA/L/3675.)
By the text, the General Assembly would, among other things, commend the United Nations Commission on International Trade Law (UNCITRAL) for the finalization and approval of the United Nations Convention on the International Effects of Judicial Sales of Ships and the finalization and adoption of the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services. The Assembly would also welcome UNCITRAL’s decision to proceed with its exploratory work on the impact of the COVID‑19 pandemic on international trade law, the stocktaking of developments in dispute resolution in the digital economy and the progress of preparatory work on warehouse receipts. Further, the Assembly would reaffirm the importance — particularly for developing countries — of UNCITRAL’s work concerned with technical cooperation and assistance in the field of international-trade-law reform and development.
Through the resolution, the General Assembly would also appeal to Governments, relevant United Nations bodies, organizations, institutions and individuals to make voluntary contributions to the trust fund established to provide travel assistance to developing countries that are UNCITRAL members. The Assembly would additionally decide, in order to ensure all Member States’ full participation in UNCITRAL’s sessions and working groups, to continue its consideration of granting travel assistance to the least developed countries. The Assembly would also stress the importance of promoting the use of texts emanating from UNCITRAL’s work for the global unification and harmonization of international trade law and, to this end, would urge States that have not yet done so to consider signing, ratifying or acceding to conventions, enacting model laws and encouraging the use of other relevant texts.
The Sixth Committee approved the draft resolution without a vote.
The Sixth Committee then took up the draft resolution, “United Nations Convention on the International Effects of Judicial Sales of Ships” (document A/C.6/77/L.8). (For background, see Press Release GA/L/3675.)
By the text, the General Assembly would, among other things, commend the United Nations Commission on International Trade Law for preparing the draft convention on the international effects of judicial sales of ships. It would also adopt the United Nations Convention on the International Effects of Judicial Sales of Ships, contained in the annex to the present resolution. Further, the Assembly would authorize a ceremony for the opening for signature of the Convention to be held as soon as practicable in 2023 in Beijing. Upon this occasion the Convention will be open for signature, whereby the General Assembly would recommend that the Convention be known as the “Beijing Convention on the Judicial Sale of Ships”.
The General Assembly, therefore, would call upon those Governments and regional economic integration organizations that wish to strengthen the international legal framework for shipping and navigation to consider becoming a party to the convention.
The Sixth Committee approved the draft resolution without a vote.
The Sixth Committee next took up the draft resolution “Model Law On The Use and Cross-Border Recognition of Identity Management and Trust Services” (document A/C.6/77/L.09).
By its terms, the General Assembly, among other things, would express its appreciation to the United Nations Commission on International Trade Law for adopting the Model Law. It would request the Secretary-General to publish the Model Law together with an explanatory note in the six official United Nations languages and to disseminate it. Further, it would recommend that all States consider the Model Law when revising legislation and invite those that have used it to advise the Commission.
Also by that text, the General Assembly would recommend that States consider becoming parties to the United Nations Convention on the Use of Electronic Communications in International Contracts and to consider using the Model Law on Electronic Commerce, Model Law on Electronic Signatures and the Model Law on Electronic Transferable Records when revising or adopting legislation on electronic commerce. Further terms would appeal to relevant bodies of the United Nations system and other international and regional organizations to coordinate their legal activities on electronic commerce with those of the Commission.
The Sixth Committee then approved the draft resolution without a vote.
Next, the Sixth Committee took up the draft resolution, “Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm” (document A/C.6/77/L.11). (For background, see Press Release GA/L/3675.)
By the text, the General Assembly would commend the articles on prevention of transboundary harm from hazardous activities, the text of which is annexed to General Assembly resolution 62/68, to the attention of Governments, without prejudice to any future action, as recommended by the International Law Commission regarding the articles.
Further to the draft, the Assembly would invite Governments to submit further comments on any future action, particularly on the form of the respective articles and principles, bearing in mind the recommendations made by the Commission in that regard, including in relation to the elaboration of a convention on the basis of the articles, as well as on any practice in relation to the application of the articles and principles.
The Committee then approved the draft without a vote.
The Sixth Committee then took up the draft resolution titled, “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives” (document A/C.6/77/L.6). (For background, see Press Release GA/L/3675.)
By the text, the General Assembly would strongly condemn all acts of violence against diplomatic and consular missions and representatives, as well as those against missions and representatives to international inter-Governmental organizations and officials of the same. The Assembly would urge States to strictly observe, implement and enforce — including during armed conflict — all applicable rules and principles of international law governing diplomatic and consular relations, and to take all appropriate measures at the national and international levels to prevent any acts of violence against such missions, representatives and officials present in territories under their jurisdiction. Further, the Assembly would call on States that have not yet done so to consider becoming parties to the instruments relevant to the protection, security and safety of diplomatic and consular missions and representatives and, in cases where a dispute arises in connection with a violation of their international obligations in this area, to make use of the means available for the peaceful settlement of disputes.
The Sixth Committee approved the draft resolution without a vote.
The Sixth Committee then took up the draft resolution, “The rule of law at the national and international levels” (document A/C.6/77/L.10). (For background, see Press Release GA/L/3675).
By the text, the General Assembly would, among other things, request the Sixth Committee to continue its consideration of ways and means of further developing the linkages between the rule of law and the three pillars of the United Nations. Further, it would encourage the Secretary-General and the United Nations system to accord high priority to rule of law activities and reaffirm the role of the General Assembly in encouraging the progressive development of international law and its codification. Recognizing the importance of restoring confidence in the rule of law as a key element of transitional justice, the General Assembly would also recall the commitment of Member States to take all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all.
The Assembly would, among other things, also stress the importance of promoting the sharing of national practices and of inclusive dialogue, inviting Member States to voluntarily exchange national best practices on the rule of law in informal meetings and on an electronic depository of best practices on the United Nations rule of law website. Furthermore, it would invite the International Court of Justice, the United Nations Commission on International Trade Law (UNCITRAL) and the International Law Commission to continue to comment on their current roles in promoting the rule of law. Stressing the need for the Rule of Law Unit to carry out its tasks in an effective and sustainable manner, the General Assembly would decide to include in the provisional agenda of its seventy-eighth session the item entitled “The rule of law at the national and international levels” and invite Member States to focus their comments on the subtopic “Using technology to advance access to justice for all”.
The Sixth Committee approved the draft resolution without a vote.
The representative of Syria, in explanation of position after action, said he distanced himself from any consensus over operative paragraph 3 in “L.10”, indicating that paragraph 86 of the Secretary-General’s report referred to the International, Impartial and Independent Mechanism in Syria (document A/77/213). Reiterating his country’s position that what is mentioned in that paragraph is considered unbalanced behaviour and is not suitable to the Secretariat, he added that his country’s joining of the consensus on “L.10” cannot be interpreted as its acceptance or recognition of the Mechanism or any of its mandates and activities.
The representative of Israel then introduced the draft resolution “The law of transboundary aquifers” (document A/C.6/77/L.12), noting technical updates to preambular paragraphs. The major issue that arose during this year’s negotiations on the resolution was the question of retaining consideration of the topic every three years. Eventually, States reached consensus that a four-year cycle would constitute the best compromise to allow for adequate time to develop law and State practice.
By the text, the General Assembly would call the attention of Governments to the draft articles on the law of transboundary aquifers annexed to its resolution 68/118 as guidance for bilateral or regional agreements and arrangements for the proper management of transboundary aquifers.
Further to the draft, it would encourage the Intergovernmental Hydrological Programme of the United Nations Educational, Scientific and Cultural Organization to continue its contribution by providing further scientific and technical assistance upon the consent of the recipient State and within its mandate.
The Committee then decided to take action on Thursday, 10 November at 10 a.m.