Sixth Committee (Legal) — 74th session

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

«»

Documentation

Summary of work

Background (source: A/74/100)

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

The Assembly has had the item on its agenda annually since its twenty-seventh session (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 A and B, 42/229 A and B, 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, 70/121, 71/152, 72/124 and 73/212.

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

At its seventy-third session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by seven delegations (see A/C.6/73/SR.32). The Assembly endorsed the recommendations and conclusions of the Committee on Relations with the Host Country contained in its report. The Assembly requested the Committee to continue its work in conformity with resolution 2819 (XXVI) and, in that framework, to continue to consider additional appropriate measures to enhance its work and effectiveness (resolution 73/212).

Consideration at the seventy-fourth session

At its 2nd plenary meeting, on 20 September 2019, the General Assembly, on the recommendation of the General Committee, decided to include the item in its agenda and to allocate it to the Sixth Committee.

The Sixth Committee considered the item at its 33rd and 35th meetings, on 6 and 20 November 2019 (see A/C.6/74/SR.33 and 35). The Chair of the Committee on Relations with the Host Country introduced the report of the Committee (A/74/26).

Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement (NAM)), the European Union (also on behalf of its Member States (the candidate countries the Republic of North Macedonia, Montenegro, Serbia and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, and the EFTA country Liechtenstein, member of the European Economic Area, as well as the Republic of Moldova, aligned themselves with the statement)), Iran (Islamic Republic of), the Syrian Arab Republic, the Russian Federation, Cuba,  Mauritius, Venezuela (Bolivarian Republic of), the Democratic People’s Republic of Korea (DPRK), Indonesia, Singapore and the United States of America.

The conclusions and recommendations formulated by the Committee were endorsed, with some delegations noting its important role in handling a variety of matters that the large, diverse and dynamic diplomatic community may face in the context of the relationship between the host country and the United Nations. Appreciation of the fact that the Committee continued to be an open and efficient forum was also expressed, and the Committee was encouraged to continue its productive work in the same spirit of cooperation and in accordance with international law. It was further emphasized that the observance of privileges and immunities of diplomatic personnel was an issue of great importance, based on solid legal principles, and the necessity to safeguard the integrity of the relevant body of international law, particularly the Headquarters Agreement between the United Nations and the Host Country, the Vienna Convention on Diplomatic Relations and the Convention on the Privileges and Immunities of the United Nations was underlined.  Appreciation of the host country’s efforts to accommodate the needs, interests and requirements of the diplomatic community in various areas was also expressed. 

Concern was voiced over alleged restrictions on movements of some diplomats accredited to the United Nations and international civil servants, especially the more stringent restrictions imposed on the permanent and visiting representatives of two Missions, with some delegations stressing that such restrictions impeded their ability to carry out their functions, restricted their access to services and their choice of residence, and negatively impacted their families. These measures were considered unjustified, selective, discriminatory, politically motivated and contrary to the Headquarters Agreement, the Vienna Convention on Diplomatic Relations and customary rules of diplomatic law. 

Concern was also expressed in relation to the non-issuance of entry visas to certain representatives of certain Member States and other difficulties experienced by some permanent missions in obtaining visas, opening bank accounts and carrying out banking transactions, as well as alleged unjustified expulsion of civil servants and restrictions arising from the bilateral relations of the Host Country in relation to the permanent missions, their premises and their personnel. The need for the host country to take appropriate action, such as the training of police, security, customs and border control officers, with a view to maintaining respect for diplomatic privileges and immunities, was also noted.

In this regard, it was noted that, if the issues raised are not resolved in a reasonable and finite period of time, serious consideration should be given to taking steps under Section 21 of the Headquarters Agreement.

It was further observed that the working methods of the Host Committee needed to be improved as, e.g., there was no meaningful interaction between the Committee and observer States in terms of negotiation and preparation of the recommendations and conclusions of the Committee.  The Secretary-General was called upon to ensure that the Host Country strictly and fully complied with the provisions of the Headquarters Agreement in accordance with General Assembly resolution 2819 (XXVI).

Action taken by the Sixth Committee

At the 35th meeting, on 20 November 2019, the representative of Cyprus, on behalf of Bulgaria, Canada, Costa Rica, Côte d’Ivoire and Cyprus, introduced the draft resolution entitled “Report of the Committee on Relations with the Host Country” (A/C.6/74/L.19).

At the same meeting, the Committee adopted draft resolution A/C.6/74/L.19 without a vote. The representatives of Iran (Islamic Republic of), the Russian Federation, the Syrian Arab Republic, Cuba and Venezuela (Bolivarian Republic of) spoke in explanation of their position after the adoption of the draft resolution.

Under the draft resolution, the General Assembly would, inter alia: urge the host country to remove all remaining travel restrictions imposed by it on staff of certain missions and staff members of the Secretariat of certain nationalities, and in this regard take seriously the more stringent travel restrictions imposed on the permanent and visiting representatives of two Missions; expectthe prompt issuance by the host country of entry visas to all representatives of Member States and members of the Secretariat; consider that if the issues raised in the report of the Committee on Relations with the Host Country (A/74/26) are not resolved in a reasonable and finite period of time, serious consideration will be given to taking steps under Section 21 of the Headquarters Agreement; request the Secretary-General to more actively engage in the work of the Committee; and request the Committee to continue its work in conformity with Assembly resolution 2819 (XXVI).

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-fifth session (2020).

Quick Links

Key Documents

Resources