Sixth Committee (Legal) — 71st session

Report of the Committee on Relations with the Host Country (Agenda item 165)

Documentation

Summary of work

Background (source: A/71/100)

At its twenty-sixth session, in 1971, the General Assembly established the Committee on Relations with the Host Country and decided to include the item in the provisional agenda of its twenty-seventh session (resolution 2819 (XXVI)).

The General Assembly considered this item at its twenty-seventh to sixty-ninth sessions (resolutions 3033 (XXVII), 3107 (XXVIII), 3320 (XXIX), 3498 (XXX), 31/101, 32/46, 33/95, 34/148, 35/165, 36/115, 37/113, 38/140, 39/87, 40/77, 41/82, 42/210, 42/229, 42/230, 42/232, 43/48, 43/49, 43/172, 44/38, 45/46, 46/60, 47/35, 48/35, 49/56, 50/49, 51/163, 52/159, 53/104, 54/104, 55/154, 56/84, 57/22, 58/78, 59/42, 60/24, 61/41, 62/72, 63/130, 64/120, 65/35, 66/108, 67/100, 68/120, 69/128 and 70/121).

The Committee is currently composed of the following 19 Member States: Bulgaria, Canada, China, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, France, Honduras, Hungary, Iraq, Libya, Malaysia, Mali, the Russian Federation, Senegal, Spain, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

At its seventieth session, the General Assembly endorsed the recommendations and conclusions of the Committee on Relations with the Host Country contained in its report. It requested the host country to consider removing the remaining travel restrictions imposed by it on staff of certain missions and staff members of the Secretariat of certain nationalities. It also requested the Secretary-General to remain actively engaged in all aspects of the relations of the United Nations with the host country, and recalled that the Secretary-General might bring to the Committee’s attention issues of mutual concern relating to the implementation of the Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations. The Assembly requested the Committee to continue its work in conformity with resolution 2819 (XXVI) and, in this framework, to consider additional appropriate measures to enhance its work and effectiveness (resolution 70/121).

Consideration at the seventy-first session

The Sixth Committee considered the item at its 30th and 33rd meetings on 3 and 11 November 2016 (A/C.6/71/SR.30 and 33) respectively. The Chair of the Committee on Relations with the Host Country introduced the report of the Committee (A/71/26).

Statements were made by the representatives of the European Union, also on behalf of its Member States (the candidate countries the former Yugoslav Republic of Macedonia, Montenegro, Serbia, and Albania, the country of the Stabilization and Association Process and potential candidate Bosnia and Herzegovina, the European Free Trade Association country Iceland, as well as Ukraine and Moldova aligned themselves with the statement), Cuba, the Syrian Arab Republic, Iran (Islamic Republic of), and the United States of America.

The conclusions and recommendations formulated by the Committee were endorsed, with some delegations noting its essential role as a forum addressing the full range of issues concerning the relationship between the host country and the United Nations community. Appreciation of the host country’s efforts to accommodate the needs of the diplomatic community in various areas, including the timely issuance of visas and obtaining suitable banking services necessary for the effective functioning of the missions, was also expressed. The importance of the observance of diplomatic privileges and immunities in light of the relevant rules of international law was underlined.

Concern was expressed over alleged restrictions on movements of some international civil servants and diplomats accredited to the United Nations, with some delegations stressing that this was contrary to the Headquarters Agreement and to the customary rules of diplomatic law. Efforts of the host country to accelerate customs and immigration procedures were noted, with some delegations further highlighting the importance of enhancing the training of police and security personnel with the aim of guaranteeing diplomats’ privileges and immunities.

Some delegations also highlighted that the realization of the principle of sovereign equality of all Member States of the United Nations depended on the equal representation in the United Nations. The role of the Secretary-General in the implementation of the provisions of the Headquarters Agreement was stressed with reference to the General Assembly resolution 2819 (XXVI).

Action taken by the Sixth Committee

At the 33rd meeting, on 11 November 2016, the representative of Cyprus, on behalf of the Bureau, introduced the draft resolution entitled “Report of the Committee on Relations with the Host Country” (A/C.6/71/L.29).

At the same meeting, the Committee adopted draft resolution A/C.6/71/L.29 without a vote.

Under the draft resolution, the General Assembly would, inter alia:  request the host country to continue to solve, through negotiations, problems that might arise and to take all measures necessary to prevent any interference with the functioning of missions; urge the host country to continue to take appropriate action, such as training of police, security, customs and border control officers, with a view to maintaining respect for diplomatic privileges and immunities; request the host country to consider removing the remaining travel restrictions imposed by it on staff of certain missions and staff members of the Secretariat of certain nationalities; note the concerns expressed by some delegations concerning the denial and delay of entry visas to representatives of Member States; and note with concern the difficulties experienced by some Permanent Missions to the United Nations in obtaining suitable banking services, and stress the need for the Permanent Missions and the United Nations to benefit from appropriate banking services, anticipating that the host country will continue to assist the Permanent Missions accredited to the United Nations and their staff in obtaining such services. The General Assembly would also, inter alia, request the Secretary-General to remain actively engaged in all aspects of the relations of the United Nations with the host country and recall that the Secretary-General may bring to the attention of the Committee issues of mutual concern relating to the implementation of the Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations; and request the Committee to continue its work in conformity with General Assembly resolution 2819 (XXVI). The General Assembly would also decide to include the item entitled “Report of the Committee on Relations with the Host Country” in the provisional agenda of its seventy-second session.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-second session (2017).

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