Taking Up Report, Sixth Committee Speakers Welcome Host Country’s Progress Issuing Visas, While Others Highlight Unresolved Matters Impeding Delegations’ Work at UN
As the Sixth Committee (Legal) took up the report of the Committee on Relations with the Host Country today, many speakers welcomed progress of the host country on issuing and renewing entry visas to representatives of certain States, while others pointed to unresolved issues that hinder the exercise of functions of representatives in connection with the United Nations.
Andreas Hadjichrysanthou (Cyprus), Chair of the Committee on Relations with the Host Country, introducing the report of that Committee (document A/78/26), said that it presents the differing views of the concerned missions and the host country on issues relating to the implementation of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, including the way each party considers that they should be resolved.
Emphasizing that the Host Country Committee continued to struggle with differing views on whether the host country made progress regarding the recommendations and conclusions adopted in 2022, he reiterated his personal commitment to help address all outstanding issues in a spirit of compromise and continue engaging with the relevant stakeholders to that end.
On that point, the representative of the European Union, in its capacity as observer, said that notwithstanding serious challenges, a compromise text was adopted. Acknowledging the progress made by the host country on the issuance or renewal of entry visas, she added: “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.”
While acknowledging that the Host Country Committee has been effective in tackling certain issues, Venezuela’s delegate, speaking for the Group of Friends in Defense of the Charter of the United Nations, said that many other issues — including issuance and timely renewal of visas, travel and movement restrictions and banking issues — have worsened. Despite efforts to enter good-faith conversations, it has not been possible to make progress to resolve these pending questions, he emphasized.
Similarly, Iran’s representative, speaking for the Non‑Aligned Movement, expressed concern over the denial of or the delay in the issuance of entry visas to member States of the Movement, stressing that political considerations should not interfere with the provision of facilities required for delegations to participate in UN activities. Voicing opposition to arbitrary movement restrictions, he urged the host country to remove them without delay.
Echoing that stance, the representative of Syria stressed that the United States has turned hosting the Headquarters into a right to impose measures at its own will, “as if it was managing a hotel and identifies the class and grade of its guests”. Calling the continued silence of the Secretariat unacceptable, he expressed hope for its engagement in resolving the legal debate and disagreement over the interpretation and application of the Headquarters Agreement’s provisions.
Singapore’s representative, however, spotlighted the meeting of the Secretary-General and the Russian Federation’s Minister for Foreign Affairs in April, stressing that such leadership on host country issues is welcomed and necessary. However, emphasizing that entry visas are not “favours” of the host country, but rather its responsibility, he said that visa-related issues can potentially lead to the weakening of the rules-based multilateral system.
The representative of the United States, underscoring that her country takes great pride in serving as the host country, reported that 99 per cent of visas were issued for the high-level week. She also called attention to the decline in visa-related issues and the reduction of processing times. Welcoming the consensual adoption of the Host Country Committee’s recommendations, she emphasized: “We have a special responsibility to each and every person in this room, to each and every delegate in the halls of the United Nations, and to all of the international civil servants at the United Nations.”
The Sixth Committee will meet next on Wednesday, 8 November, at 10 a.m. to consider existing requests for the observer status, revitalization of the General Assembly and the reports of the Working Groups.
Introduction to Report
ANDREAS HADJICHRYSANTHOU (Cyprus), Chair of the Committee on Relations with the Host Country, introducing the report of that Committee (document A/78/26), noted that it is a forum in which Member States’ representatives seek to resolve problems relating to the implementation of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations. During the reporting period, the Committee held four meetings and discussed the implementation of the United Nations Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations, he reported, noting that issues concerning entry visas and travel restrictions were of particular concern.
The report presents the differing views of the concerned missions and the host country on these issues, including the way each party considers that they should be resolved, he continued, pointing out that it also reiterates the expectation that the host country will ensure the issuance of visas to all Member States’ representatives and Secretariat members. In addition, the report addresses the treatment of diplomats transiting to and from the UN Headquarters district, as well as the tightening of travel restrictions that was applied to a certain mission.
Emphasizing that the Committee on Relations with the Host Country continued to struggle with the differing views on whether the host country made progress regarding the recommendations and conclusions adopted in 2022, he expressed hope that this year’s conclusions — on which Member States reached consensus — accurately reflect the situation. He also reiterated his personal commitment to help address all outstanding issues in a spirit of compromise, noting that he will continue to engage with the representatives of the host country, affected Member States and other stakeholders to resolve all outstanding issues.
Statements
YAHYA AREF (Iran), speaking for the Non-Aligned Movement, underlined the critical role of the host country in preserving multilateralism as well as facilitating multilateral diplomacy and intergovernmental norm-making processes. He underlined that the United Nations Headquarters Agreement is applicable irrespective of the bilateral relations existing between Governments and the host country. He also expressed grave concern regarding the denial of or the delay in the issuance of entry visas to the representatives of any Non-Aligned Movement member States by the host country; political considerations should not interfere with the provision of facilities required under the Headquarters Agreement for Member States to participate in UN activities.
He went on to express serious concern regarding the arbitrary movement restrictions imposed on the diplomatic officials of some missions by the host country. Such restrictions constitute flagrant violations of the Vienna Convention on Diplomatic Relations, the United Nations Headquarter Agreements and international law. In this regard, he voiced his opposition to these restrictions as well as their continued application and urged the host country to take all necessary measures to remove them without delay.
SIMONA POPAN, representative of the European Union, in its capacity as observer, noted that the respect for privileges and immunities cannot be subject to any restrictions arising from the host country’s bilateral relations. Acknowledging the progress made by the host country on the issuance or renewal of entry visas to representatives of certain States, she underlined the importance of the full participation of all delegations in the work of the United Nations. Nevertheless, the United Nations Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations apply only to the exercise of functions in connection with the Organization. She also welcomed the easing in 2023 of travel restrictions on two permanent missions, as well as the modification of restrictions for Secretariat staff by increasing authorized ports-of-entry by the host country.
The Host Country Committee participated in extensive and difficult negotiations, she continued, reporting that, notwithstanding serious challenges, a compromise text was adopted. Also acknowledging the commitment of the United States to engage on all matters related to its status as host country and to uphold its obligations under the Headquarters Agreement, she encouraged all concerned parties to engage bilaterally and find timely solutions. She further urged the Secretary-General and the Legal Counsel to continue engaging, in consultation with the permanent missions of the concerned countries and the Chair of the Host Country Committee, with the host country authorities. “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 said.
JOAQUÍN ALBERTO PÉREZ AYESTARÁN (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 Host Country Committee has been effective in tackling certain issues — particularly those linked to guaranteeing the protection and security of the UN Headquarters. However, many other issues remain and, in some cases, have worsened. These include questions surrounding the issuance and timely renewal of visas — including restrictions on single-entry visas — as well as secondary controls imposed on certain diplomatic agents and their belongings; travel and movement restrictions; banking issues; and concerns relating to the inviolability of diplomatic property. Despite efforts and commitments to enter good-faith conversations, it has not been possible to make progress towards resolving these pending questions. Rather, continued challenges in implementing the Headquarters Agreement have resulted in routine, deliberate obstacles that hinder certain delegations from fulfilling their responsibilities.
This, he underscored, does not only constitute abuse by the host country of its role as such, but also a violation of the Charter of the United Nations, particularly its principle of sovereign equality. Further, this has only affected a limited number of Member States, and he said that it is “not a coincidence” that the host Government has “known differences” with such Member States on a bilateral level. Against that backdrop, he stressed that such bilateral differences must not give way to selectiveness or interference in the way the Headquarters Agreement is applied. Noting a lack of realistic, tangible solutions offered in a reasonable timeframe, he said that the activation of arbitral proceedings under section 21 of the Headquarters Agreement seems to be the only way to guarantee integrity and end selective policies. He also demanded that the host country not only respect diplomatic customs, international-law norms and the Charter’s principles, but also comply with its international obligations — including those deriving from the Headquarters Agreement.
BURHAN GAFOOR (Singapore), expressing concern over some countries’ issues relating to entry visas, welcomed a reduction in processing times for certain delegations and a relative decrease in the visas that were not issued. Emphasizing that entry visas are not “favours” granted by the host country, but rather its responsibility under the Headquarters Agreement, he said that visa-related issues should be addressed as a matter of priority. They can potentially lead to the weakening of the rules-based multilateral system, which would not be in the interest of any delegation, including the host country, he stressed. Spotlighting the meeting of the host country and the Russian Federation’s representatives that facilitated the issuance of visas for several Moscow officials, he encouraged the host country to build on this development. Also highlighting the meeting of the Secretary-General and the Russian Federation’s Minister for Foreign Affairs in April, he emphasized: “Such leadership by the Secretary-General on host country issues is welcomed and also necessary.”
ZAHRA ERSHADI (Iran), associating herself with the Group of Friends in Defense of the Charter of the United Nations and the Non‑Aligned Movement, said the United States remains intransigent and continues to impose impediments, as well as unlawful discriminatory measures against Iranian representatives, which hinder their efficient performance and independent exercise of functions. These include impediments on the movement of Iranian representatives, the secondary screening procedure, directing affront to the dignity of Iranian representatives, non-issuance and delayed issuance of visas and issuance of single-entry visas, which are discriminatory in nature and hinder the exercise of functions of representatives in connection with the United Nations. It is regrettable that decades after the establishment of the United Nations, not only have the issues arising due to the host country non-compliance not been resolved but have also been exacerbated.
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 solidarity with Member States that have issues with the host country. These include delays or denials in granting and renewal of visas; restriction on movement; blocking of financial transactions; impediments to the use of property; searches of diplomats; and shortcomings in ensuring safety of diplomats’ family members and other members of official delegations. Despite regular requests from respective permanent missions to the host country, such problems remain unresolved. The formalistic approach to removing those obstacles, impacting the effectiveness of the work of foreign representations, is unacceptable. Immediate response and intervention to overcome them are required, he underscored, calling on the United States to uphold the Host Country Agreement.
ALEXANDER S. PROSKURYAKOV (Russian Federation), aligning himself with the Group of Friends in Defense of the Charter of the United Nations, said that his delegation has been facing “unprecedented problems” for over five years. The reason for this is clear, he stressed: the United States is not performing its obligations under the Headquarters Agreement, despite its “unconditional” obligation under that instrument to grant visas. As arbitration between the United Nations and that country has seemingly not been initiated, it is difficult to understand why section 21 is in the Agreement in the first place. The continuing postponement of that process is being interpreted as action by both affected States and the United States, he noted. For affected States, it calls into question the credibility of the United Nations. For the United States, it gives the impression that the Government “can do anything they like” with impunity. He therefore called on the Secretary-General to initiate arbitral proceedings under section 21 of the Headquarters Agreement.
YURI ARIEL GALA LÓPEZ (Cuba), associating himself with the Non—Aligned Movement and the Group of Friends in Defense of the Charter of the United Nations, pointed to the host country’s arbitrary restrictions on the movement of diplomats and their families; delay or denial of visas; expulsion of accredited diplomats; and obstacles imposed on Member States being able to make transactions for their financial commitments that can cause the loss of their right to vote. He also pointed out that demonstrations have been taking place outside of Cuba’s Mission since 2020 and called attention to the host country’s inaction. Noting that the host country has also modified the “unique movement restrictions” for his country’s diplomats, he called the return to the 25‑mile radius limit from Columbus Circle a discriminatory treatment. Expressing regret that the Host Country Committee’s procedures allow the United States to be the “judge of what it is a party to”, he added: “As long as the Committee is not able to address situations with determination, the Organization will not be able to ensure that its Member States participate and are represented on an equal footing.”
LI LINLIN (China) said issues relating to visas and travel restrictions have been without adequate solutions for quite some time, undermining the ability of relevant Member States to participate in the work of the Organization. He reiterated his hope that the host country’s Government takes seriously the legitimate demands of Member States and effectively observes the principles and spirit of the relevant instruments and agreements on the privileges and immunities of the United Nations. Further, he urged them to actively fulfil their obligations by refraining from obstructing the representatives of Member States attending the meetings and from obtaining visas based on bilateral relations and political considerations. He also voiced his concern that some Member States’ personnel are stopped and inspected at airports, noting his hope that similar situations will not occur in the future.
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, expressed hope for engagement by the Secretariat and the Legal Counsel to resolve the legal debate and disagreement over the interpretation and application of the Headquarters Agreement’s provisions. This would contribute to putting an end to the discriminatory, politicized and selective coercive restrictions imposed by the host country on delegations of a number of countries, including Syria. The United States turned hosting the Headquarters into a right to impose measures at its own will, “as if it was managing a hotel and identifies the class and grade of its guests”. The continued silence of the Secretariat is unacceptable, he said, asking that country’s delegate: “Would you not feel humiliated if those measures were imposed on you?” A legal decision to solve the situation is required, he underscored.
NUSAIBA HASHIM MOHAMED ALI IDRES (Sudan) recalled that the Headquarters Agreement, the Vienna Convention on Diplomatic Relations and the Convention on the Privileges and Immunities of the United Nations are the foundation for discussions on this topic. Underlining the need to ensure conditions conducive for delegations to discharge their duties, she expressed hope that the host country will settle all issues raised in the report, particularly those relating to entry visas and to restrictions on movement and banking — according to the spirit of compromise and international law. Sudan’s delegation, like others, has suffered from delays in the issuance or renewal of visas and from restrictions on movement, she pointed out, calling on the host country to resolve these matters. Further, she emphasized that all delegations should enjoy the same rights. As such, the host country should assume its obligations regardless of its bilateral relations with the States concerned, as such relations should be discussed in other forums.
DOROTHY PATTON (United States), noting that her country takes great pride in serving as the host country, urged Member States that have any concerns or questions to contact the Host Country Section right away. “The sooner we know of an issue, the more quickly we can help address it,” she added. Recalling that the United States has issued 99 per cent of the visas requested for the high-level week, she spotlighted the decline in visa-related issues and the reduction of processing times. To ensure timely issuance, she encouraged Member States to apply for visas in advance, while urging them to refrain from applying for diplomatic visas to engage in unauthorized activities that are unrelated to UN business. Abuse of UN visas is an affront to the Organization and undermines its critical work, she stressed.
Emphasizing that travel control policies do not affect missions’ ability to transit to UN Headquarters, she reported that the United States has modified these policies for certain permanent missions and expanded particular port of entry/exit policies. She further welcomed the consensual adoption of the Host Country Committee’s recommendations accomplished through extensive negotiations. Stressing that her country does not take the privilege of hosting the UN in New York lightly, she added: “We have a special responsibility to each and every person in this room, to each and every delegate in the halls of the United Nations, and to all of the international civil servants at the United Nations.”