Legal Committee Notes Improved Relations with Host Country, But Urges Additional Efforts to Revitalize General Assembly
Draft Texts on Special Charter Committee, Universal Jurisdiction Approved without Vote
Prior to approving without a vote two draft resolutions, the Sixth Committee (Legal) noted improvements in relations with the host country and stressed the key role of the General Assembly in the revitalization of the United Nations, as they considered reports on both matters.
Taking up the draft text on the report of the “Special Committee on the Charter of the United Nations and on the Strengthening of the role of the Organization” as well as a draft on “the scope and application of the principle of universal jurisdiction”, the Committee kept to its tradition of approving draft resolutions without a vote.
The first of those texts, among other things, would have the Special Committee continue to consider all proposals concerning the maintenance of international peace and security, while the second text would establish a working group of the Sixth Committee on universal jurisdiction that would be open to all Member States.
Prior to the action, Nicholas Emiliou (Cyprus), Chair of the Committee on Relations with the Host Country, introduced that body’s report, noting that the Committee provided a forum for constructive discussions within the framework of international law. While issues had been raised on the issuance of entry visas and the timeliness of their issuance, he pointed out that there had been improvements in other matters of long standing such as the ability of permanent missions to open bank accounts, crucial to the performance of their missions.
On behalf of the host country, the representative of the United States called the Committee “a valuable forum in which to discuss relevant issues relating to this large, diverse and dynamic diplomatic community in New York”. Its meetings provided the host country with an opportunity to address the diplomatic community’s concerns.
Indeed several delegates highlighted improvements in situations affecting them, with Syria’s representative noting “a degree of success” in the provision of banking services for some missions. He said that was very positive and expressed thanks to the Host Country Relations Committee and to the host country.
The representative of Cuba also thanked the host country for expediting diplomatic processing in immigration and customs matters, as well as for its spirit of respect and professionalism in preparing for the high-level segment of the General Assembly. However, she pointed to the continuing policy of travel restrictions that hindered the movement of Cuban diplomats and its nationals working for the United Nations. That policy was politically motivated and contravened applicable international law, she underscored.
Turning to the report on the revitalization of the work of the General Assembly, Cuba’s delegate also stressed that sufficient time must be allocated to all agenda items for negotiations; the early presentation of the report of the Committee on Relations with the Host Country had been an example of such timely issuance. In addition, she proposed a return to the prior practice in approving all draft texts at the session’s end.
Several other delegations also addressed the issue of when to take action on draft resolutions in order to provide enough time for their full consideration. Argentina’s representative suggested that it might be useful to bear in mind good practices of other committees, such as setting aside a day at the end of each week to take up draft texts.
Other aspects of revitalizing the General Assembly were brought to the forefront during the Sixth Committee’s debate on the matter. Colombia’s representative, speaking for the Group of Friends in Favour of a Woman Candidate for Secretary-General of the United Nations, a cross-regional initiative comprised of 48 Member States, highlighted the increasing support for the possibility of selecting a woman to that post. “It is time to consider a woman [for] the highest position at the UN,” she said, trusting that a “good number” of women candidates would be presented and considered.
As Co-Chair of the Ad Hoc Working Group on the Revitalization of the Work of the General Assembly, the representative of Namibia took a broad perspective, stating that a thorough evaluation of how Assembly resolutions were being implemented was needed and the underlying causes and constraints that had prevented revitalization identified. In that regard, he said it was necessary to consult with Member States and underscored the need to respect the Charter.
In opening remarks, Eden Charles (Trinidad and Tobago), Chair of the Sixth Committee recalled his disappointment at the previous meeting, particularly in light of the attacks on Lebanon, at the failure to conclude the draft convention on measures to eliminate international terrorism. That night, he said, everyone went home to the news of the attacks in Paris.
Noting that there would be intersessional meetings to continue work on the matter, he said, that if there were no action “this scourge of terrorism, this menace” would continue. “We must, we have to, there is no alternative,” he stated. “We must complete our work on this convention.”
Most of the issues hindering conclusion of the draft convention were political rather than legal, he emphasized, adding that delegations must keep that in mind as he called for observance of a moment of silence in memory of those lost in Lebanon and Paris.
Also speaking today on relations with the host country were representatives of Iran and Venezuela. A representative of the European Union spoke as well.
Participating in discussions on revitalization of the work of the General Assembly were delegates of Ecuador (speaking for the Community of Latin American and Caribbean States (CELAC)), Nicaragua, Portugal, Venezuela and Paraguay.
The Sixth Committee (Legal) would next meet for its final plenary meeting of the current session at 10 a.m. on Friday, 20 November, to hear introductions to and take action on the outstanding draft resolutions of the session.
Background
The Sixth Committee (Legal) met today to take up the report of the Committee on Relations with the Host Country (document A/70/26) and to debate revitalization of the work of the General Assembly.
It also took action on two draft resolutions, one 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.6/70/L.11), and the other on the scope and application of the principle of universal jurisdiction (document A/C.6/70/L.12).
Introduction of Report
NICHOLAS EMILIOU (Cyprus), Chair of the Committee on Relations with the Host Country, introduced the report of that body, noting that, during the reporting period, the Committee had continued to provide a forum where constructive discussions took place within the framework of relevant international law, including the Headquarters Agreement between the United Nations and the host country. Issues had been raised relating to the issuance of entry visas, as well as the timeliness of their issuance. It was anticipated that such issues would be addressed in accordance with the applicable international law and in a spirit of cooperation.
The report, furthermore, welcomed the significant efforts of the host country to facilitate the opening of bank accounts for permanent missions with other financial institutions, he said. As such services were crucial to the ability of missions to perform their functions, the host country was encouraged to sustain its efforts. Acknowledging that the Committee’s work required flexibility while also ensuring its documents and reports were issued in a timely manner, he said it was his intention to continue working to maintain that balance. In closing, he congratulated the host country and the City of New York for coping “very successfully” with the extended high-level segment, including the convening of the General Assembly and the Sustainable Development Summit, both with unparalleled level of high level participation.
Statements on Committee on Relations with Host Country Report
TANIERIS DIEGUEZ LAO (Cuba), as a member of the Committee, stressed the need for its work to be carried out in a timely manner, an aim she was committed to. She then pointed to the policy of hindering the movement of Cuban diplomats and its nationals working for the United Nations, noting that it was politically motivated and contravened measures in applicable international law. Furthermore, the host country had failed to take measures against restrictions preventing diplomats from travelling beyond 25 miles of Columbus Circle. Such restrictions must be dispensed with “forthwith”.
She went on to thank the host country for expediting diplomatic processing in immigration and customs matters, as well as for its spirit of respect and professionalism in preparing for the high-level segment of the General Assembly. She then emphasized that the programme for parking diplomatic vehicles should be applied appropriately, equitably and in a non-discriminatory manner.
GILLES MARHIC, European Union, said the Committee on Relations with the Host Country was essential in handling a variety of issues that the diplomatic community faced. He expressed appreciation, as well, to the host country for its timely issuance of entry visas to representatives of Member States and observers, and encouraged it to enhance efforts in that regard. He also welcomed its significant efforts in provision of suitable banking services. Underscoring the Host Country Relations Committee’s importance in addressing issues effectively and constructively, he encouraged further consideration of measures to make its work more effective.
KOUSSAY ABDULJABBAR ALDAHHAK (Syria) expressed condolences to the French people and condemned the terrorist attacks they had suffered. The Syrian people, too, had suffered from terrorism and shared with all victims of terrorism bravery and an unfailing desire to combat terrorism. He then commended efforts of the Committee on Relations with the Host Country, as well as the host country, in settling matters that potentially had a negative impact on the work of missions and delegations in New York.
During the period since the last General Assembly, he had noted ongoing problems, he said, adding that he expected them to be resolved. Also evident was a degree of success in terms of the provision of banking services for some missions. That was very positive, he said, expressing thanks to the Host Country Relations Committee and to the host country. He also expressed hope that that Committee would continue to strive in the same way in order to meet the goals that delegations desired.
ALI NASIMFAR (Iran) noted that the Host Country Committee’s annual report had been presented with enough time for its consideration by Member States, as had been requested. In the same vein, he noted that consideration of the item in the Sixth Committee and on its draft resolution was now more consistent with the practice of the Sixth Committee on other items, and encouraged more efforts to that end.
In that light, he stressed the need for a reasonable amount of time to consider all resolutions so that delegations could consult with their Governments. He also said that, while there had been some improvement in the work of the Host Country Committee, he encouraged further enhancement of its work and effectiveness in accordance with the request in last year’s Assembly resolution on the matter.
ISAÍAS ARTURO MEDINA MEJÍAS (Venezuela), associating himself with Cuba, noted positive changes in the host country’s external diplomacy and expressed hope that the policy applied to the free restriction of Cuban diplomats would come to an end “once and for all”. That must occur because that restriction was unfair, selective and a flagrant violation of the Headquarters Agreement. He said he was grateful in advance to host country representatives for their efforts in order to achieve that objective.
MARK SIMONOFF (United States) said his country was always proud to serve as host to the United Nations and took that role seriously. The Committee on Relations with the Host Country was “a valuable forum in which to discuss relevant issues relating to this large, diverse and dynamic diplomatic community in New York”. Its meetings provided the host country with an opportunity to address the diplomatic community’s concerns. He also valued the cooperation and constructive spirit of the Committee in its work.
Noting the Committee’s focus in the current year on mitigating delays in visa issuance, ensuring the safety and security of missions, as well as on issues involving banking and financial services, he encouraged delegations to bring any issues to the host country bilaterally, if they preferred. He expressed appreciation for the efforts of many United Nations officials and staff members. He also singled out the valuable services provided to the United Nations diplomatic community by the New York City government and its municipal agencies, especially during high-level activities, which were busier than past years.
Statements on Revitalization of Work of General Assembly
AGUSTÍN FORNELL (Ecuador), speaking for the Community of Latin American and Caribbean States (CELAC), said he was pleased that some of the proposals the Community had suggested last year in the Sixth Committee had been taken into account. While improvements had made on the scheduling of meetings, further coordination was needed so as to avoid scheduling conflicts. Special entry requirements for important debates especially impacted permanent missions that had few delegates. That situation affected not only the attendance, but the quality of substantive discussions. Additional efforts should be made in planning in order to ensure transparent, inclusive and efficient work at all times.
Also needed was close cooperation and coordination among all principal organs, he said. Such coordination should be extended to the agenda and programme of work of the respective principal organs in order to promote an efficient, coherent and respectful relationship among them. All six official languages of the Organization must be treated equally. That important task could not be hindered under excuses related to budgetary matters.
He also underscored the need for the full and timely implementation of General Assembly resolution 69/321 calling for a more democratic selection process of the next Secretary-General. The current General Assembly President’s commitment to base his conduct on integrity, impartiality, transparency and accountability, professionalism and effectiveness was welcomed, especially in light that the credibility and work of the United Nations was closely linked to the performance of the Assembly and its president.
MARÍA EMMA MEJÍA VÉLEZ (Colombia), aligning herself with CELAC stressed, in her national capacity, the need to revitalize the General Assembly as the primary representative organ of the Organization. Speaking for the Group of Friends in Favour of a Woman Candidate for Secretary-General of the United Nations, a cross-regional initiative comprised of 48 Member States, she expressed deep appreciation for the excellent work done in resolution 69/321. She welcomed that “milestone achievement”, underscoring that it had resulted from constructive dialogue among delegations, was based on consensus and was oriented towards achieving the “long overdue” reforms the Organization needed.
Due to the innovative process put in place by that resolution, she noted the increasing support for the possibility of selecting a woman to the post of Secretary-General, stating, “It is time to consider a woman [for] the highest position at the UN.” In that light, she observed that some Governments had already endorsed women for the post and suggested that others should follow suit. To make the process more open and inclusive, she said she trusted that a “good number” of women candidates would be presented and considered. She also said she hoped that process would be initiated soon and with the highest standards of transparency and accountability.
WILFRIED I. EMVULA (Namibia) said the work of the Ad Hoc Working Group on the Revitalization of the Work of the General Assembly, of which he was co-chair along with the delegate of Croatia, was an important aspect of the broader efforts to strengthen and reform the United Nations. Recalling that General Assembly resolution 69/321 mandated that group’s work, he said a thorough evaluation of the status of implementation of Assembly resolutions was needed.
Furthermore, the underlying causes and constraints that had prevented revitalization must be identified he said, stressing the necessity to consult with Member States on the initiatives and activities undertaken with the General Assembly, the Security Council and the Organization’s other organs. Underscoring the need to respect the Charter, he voiced objection to encroachment by the Security Council on issues that clearly fell under the Assembly’s powers, such as norm setting, legislation, administrative and budgetary matters.
TANIERIS DIEGUEZ LAO (Cuba), said revitalization of the General Assembly was a key part of revitalizing the United Nations, as it was the highest expression of the full sovereign equality of States and the cornerstone of international law. On the work of the Sixth Committee, she stressed that sufficient time must be allocated to agenda items for negotiations. Furthermore, negotiations should start before the deadline for submission of the draft texts and delegations must have the necessary reports prior to the commencement of negotiations.
In that regard, she said the early presentation of the report of the Committee on Relations with the Host Country had been helpful. Her comments held true, particularly regarding requests for observer status. She also emphasized the need for fair geographic representation in appointing facilitators of draft resolutions. In addition, the approving of all draft texts should occur at the end of the session as in previous years. Underscoring the usefulness of the electronic platforms available to delegations, she underscored the continuing need for hard copies during negotiations, particularly for developing countries which did not always have the technology to make full use of the electronic tools.
ALINA JULIA ARGÜELLO GONZÁLEZ (Nicaragua), associating herself with CELAC, said re-establishment of the Assembly’s authority as the Organization’s most democratic and deliberative organ was essential to democratization of the United Nations. She highlighted the importance of the full implementation of Assembly resolution 69/321 on revitalization of that body’s work, welcoming its focus on flexibility adoption by consensus. That resolution was a milestone in that it requested that nominations to the post of Secretary-General be circulated to the membership as a whole and encouraged States to present female candidates. Underscoring the importance of division of work among the Organization’s bodies, she said the Security Council must refrain from taking on work that was within the Assembly’s mandate. The United Nations must be rebuilt so that the voice and interests of all could be heard.
JOÃO MIGUEL MADUREIRA (Portugal) thanked the Chair for submitting a draft programme of work for next year. It would facilitate the work and allow delegations to prepare for next year’s session. Referencing issues raised at intersessional meetings, he highlighted the issue of responsibility of States, which was on the agenda for the next session. He expressed concern that the working group on the matter had been allocated only two meetings, while working groups on other issues had had been allocated three. While understanding that the programme was a draft, he wished to flag the issue because interest in the issue required more meeting time.
Mr. MEDINA (Venezuela), associating himself with CELAC, expressed satisfaction with the Bureau’s leadership and in particular with the skilful guidance of the Sixth Committee Chair. The Assembly represented the universality of the Organization and it needed to be the forum for debate “par excellence”, with its independence from other organs preserved. Weakening of the Assembly was a direct result of the “mandate creep” by the Security Council. Revitalization of the Assembly needed to transcend simple consideration of reducing the number of items in its agenda.
He continued, saying that the Assembly needed to function as a political space in the forging of agreements. Its role in relation to issues of peace and security must be respected. Reform of the Organization would be successful only if principles of the Charter were fully respected. He called for the fair treatment of languages in the United Nations and urgently requested the avoidance of overlapping meetings so that they all could be attended by the greatest number of delegations to enrich debate.
JOSÉ LUIS FERNANDEZ VALONI (Argentina), aligning with CELAC and the Group of Friends, noted the recommendation of the representative of Cuba to approve resolutions at end of session. However, it might be useful to bear in mind good practices of other committees, such as setting aside a day at the end of each week to take up draft texts. That way delegations could have advance notice and be better prepared.
ANA EDELMIRA ROLON CANDIA (Paraguay) expressed appreciation that the Sixth Committee’s draft programme of work for 2016 had been circulated, noting that it would facilitate the work of delegations. She reiterated that it would be useful if draft resolutions could be approved at the very end of the Committee’s deliberations “in one fell swoop”.
Action on Draft Texts
The Sixth Committee then took up 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.6/70/L.11). By that text, the General Assembly would, among other things, request the Special Committee to continue its consideration of all proposals concerning the question of the maintenance of international peace and security in all its aspects and to consider other proposals, in that regard, which might be submitted to it at its session in 2016.
Further by that text, the Assembly would also reiterate its call for voluntary contributions to the Trust Fund for the Elimination of the Backlog in the Repertory of Practice of United Nations Organs, as well as for voluntary contributions to the Trust Fund for Updating the Repertoire of the Practice of the Security Council.
The draft resolution was approved without a vote.
The Sixth Committee then turned to the draft resolution on the scope and application of the principle of universal jurisdiction (document A/C.6/70/L.12). By that text the Assembly would, among other things, decide that the Sixth Committee should continue its deliberations on the topic without prejudice to such consideration and related issues in other forums of the United Nations. In addition, a working group of the Sixth Committee at its seventy-first session would be established and be open to all Member States.
The Committee also approved that draft without a vote.