Sixth Committee (Legal) — 69th session

Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (Agenda item 80)

Documentation

Summary of work

Background (source: A/69/100)

This item was included in the agenda of the thirty-fifth session of the General Assembly, in 1980, at the request of Denmark, Finland, Iceland, Norway and Sweden (A/35/142).

The General Assembly considered the item annually at its thirty-sixth to forty-third sessions, and biennially thereafter (resolutions 36/33, 37/108, 38/136, 39/83, 40/73, 41/78, 42/154, 43/167, 45/39, 47/31, 49/49, 51/156, 53/97, 55/149, 57/15, 59/37, 61/31, 63/126 and 65/30).

At its sixty-seventh session, the General Assembly requested the Secretary-General to submit to the Assembly at its sixty-ninth session a report containing information on the state of ratification of and accessions to the instruments relevant to the protection, security and safety of diplomatic and consular missions and representatives and a summary of the reports received from States on serious violations involving diplomatic and consular missions and representatives and actions taken against offenders, as well as of the views of States with respect to any measures needed or already taken to enhance the protection, security and safety of diplomatic and consular missions and representatives (resolution 67/94).

Consideration at the sixty-ninth session

The Sixth Committee considered the item at its 15th and 29th meetings, on 21 October and 14 November 2014 (see A/C.6/69/SR.15 and 29).

Statements were made by the representatives of Costa Rica (on behalf of the Community of Latin American and Caribbean States (CELAC)), the European Union (also on behalf of its Member States. The candidate countries Turkey, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania, the country of the Stabilisation and Association Process and potential candidate country Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova, Armenia and Georgia aligned themselves with the statement), Finland (on behalf of the Nordic countries), the Russian Federation, Brazil, Cuba, Ethiopia, Israel, Eritrea, the United States of America, India, China [in English], Turkey, Algeria, El Salvador and the Syrian Arab Republic.

Delegations welcomed the Secretary-General’s report on the topic (A/69/185 and A/69/185/Add.1). They condemned the continuing acts of violence against the security and safety of diplomatic and consular missions and their representatives and urged States to respect their obligations under international law and to take all the necessary measures in order to protect the diplomatic and consular missions and the representatives within their territories. They also stressed the need for those States that have not already done so to become parties to the relevant instruments. A reference was also made to the need to protect missions and representatives of international organizations.

Some delegations stressed the special obligations and responsibilities that host countries have in protecting diplomatic and consular missions. The particular difficulty that developing countries face with respect to the financial costs of protecting their diplomatic missions was also highlighted. Some delegations emphasized the need for and responsibility of receiving States to take preventive measures before attacks on diplomatic missions occurred. It was also stressed that preventative measures must change to keep pace with evolving threats.

Some delegations urged international cooperation to prevent future attacks, in particular the exchange of information. In this regard, States were encouraged to report any violations as a means of raising awareness on the issue. A point was made that fewer reported violations in the most recent report of the Secretary-General signified a positive trend in this field.

Some delegations stressed the need to hold perpetrators of attacks on diplomatic and consular missions and representatives accountable. It was pointed out  that receiving States should also be held accountable for failing to fulfill their obligations stipulated in the Vienna Convention on Diplomatic Relations. The importance of respecting the laws of receiving States was also emphasized.

Some delegations expressed concern about the effects that State surveillance and the interception of their communications had on their diplomatic functions, calling such actions a violation of Vienna Convention on Diplomatic Relations. It was stated that the General Assembly should address new challenges in the digital era, and highlight the need to ensure the respect for diplomatic and consular immunities – including those of archives, documents and communications. Some speakers also underlined their concern of certain States using their diplomatic and consular missions as surveillance posts in host countries.

Action taken by the Sixth Committee

At the 29th meeting, on 14 November, the representative of Finland, on behalf of Australia, Austria, Belgium, Brazil, Bulgaria, Chad, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Ghana, Greece, Hungary, Iceland, Ireland, Italy, Japan, Lichtenstein, Lithuania, Luxembourg, the Netherlands, New Zealand, Norway, Peru, Portugal, the Republic of Moldova, Romania, the Russian Federation, Serbia, Slovenia, Sweden, Switzerland, Trinidad and Tobago, the United Kingdom of Great Britain and Northern Ireland and Uruguay introduced a draft resolution entitled “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives” (A/C.6/69/L.18). At the same meeting, the Committee adopted draft resolution A/C.6/69/L.18 without a vote. The representative of Brazil made a statement in explanation of position after the adoption of the draft resolution.

Under this draft resolution, the General Assembly would request the Secretary-General to submit to the Assembly at its seventy-first session a report containing information on the state of ratification of and accessions to the instruments relevant to the protection, security and safety of diplomatic and consular missions and representatives; and a summary of the reports received from States on serious violations of the protection, security and safety of diplomatic and consular missions and representatives as well as missions and representatives with diplomatic status to international intergovernmental organizations and actions taken against offenders, as well as of the views of States with respect to any measures needed to enhance the protection, security and safety of diplomatic and consular missions and representatives as well as missions and representatives with diplomatic status to international intergovernmental organizations. The General Assembly would urge States to report to the Secretary-General in a concise and expeditious manner and in accordance with the guidelines prepared by the Secretary-General.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-first session (2016).

A/69/185 - Full texts of reports

State Original report Translation
Algeria French English
El Salvador Spanish English
Finland English  
Gabon French English
Iran (Islamic Republic of) English  
Philippines English  
Qatar English  
Saudi Arabia Arabic English
English  
English  
English  
Syrian Arab Republic Arabic English

 

A/69/185/Add.1 - Full texts of reports

State Original report Translation
Cuba Spanish English
Iran (Islamic Republic of) English  
Mauritius English  
Oman English/Arabic English
Qatar English/Arabic  
Serbia English  
Sweden English  

 

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