UNGA/C-6: UNGA'S SIXTH (LEGAL) COMMITTEE ADOPTS 14

UNCLAS USUN NEW YORK 001112

SIPDIS

E.O. 12958: N/A
TAGS: UNGA
SUBJECT: UNGA/C-6: UNGA'S SIXTH (LEGAL) COMMITTEE ADOPTS 14
RESOLUTIONS AND CONCLUDES ITS WORK

REF: A. STATE 120867

B. STATE 120839

C. STATE 120339

D. STATE 119645

E. STATE 119217

F. STATE 117582

G. STATE 117575


1. Summary: The 63rd UNGA's Sixth Committee held its final
meeting November 14. The Committee on Relations with the
Host Country presented its report. During the meeting, the
Sixth Committee adopted by consensus 14 draft resolutions.
End Summary.

REPORT OF THE HOST COMMITTEE
--------------


2. France (on behalf of the EU),Mauritius (on behalf of the
African Group),Cuba, Iran, India, Russia, and the United
States spoke in the debate on the Report of the Committee on
Relations with the Host Country. Several delegations
expressed concerns about the issues discussed in the Report
including secondary screening at airports, timely issuance of
visas, restrictions on travel for some delegations, exemption
from property taxes in New York City, and parking. India
noted its appeal of the Federal District court decision that
existing regulations do not exempt residences, other than
that of the head of Mission, from New York City property tax.
Cuba and Iran highlighted their problems in getting visas
for representatives and expressed their concern over
"discriminatory" travel restrictions. Conversely, Russia
thanked the United States for its support as the Host
Country.


3. Per Department guidance, USUN affirmed its fulfillment of
Host Country obligations and emphasized the continuing,
increasingly successful, efforts to address concerns. USUN
noted that personal, non-official travel falls outside the
scope of the Host Country's obligations. Following the
debate on the Host Country Committee's Report, the Sixth
Committee agreed by consensus to recommend the Resolution on
the Report of the Committee on Relations with the Host
Country (A/C.6/63/L.18) for adoption by the General Assembly.


OBSERVER STATUS FOR
THE INTERNATIONAL FUND FOR SAVING THE ARAL SEA (IFSAS)
-------------- --------------


4. Ambassador S.M. Aslov, Permanent Representative of
Tajikistan, had previously introduced the IFSAS observer
status resolution to the Sixth Committee on November 5th,

2008. The IFSAS is an intergovernmental organization created
in 1993. It thus meets the criteria established by UNGA
decision 49/426, for observer status. IFSAS finances joint
interstate ecological and scientific programs aimed at saving
the Aral Sea. The Sixth Committee recommended by consensus
that the General Assembly adopt the resolution approving
observer status for IFSAS. (A/C.6/63/L.13).

ADOPTION OF RESOLUTIONS
--------------


5. The Sixth Committee also recommended by consensus that
the General Assembly adopt the following resolutions:

- UNCITRAL-related resolutions: Omnibus Resolution on
the Report of UNCITRAL (A/C.6/63/L.4); Legislative Guide on
Secured Transactions (A/C.6/63/L.5); United Nations
Convention on Contracts for the International Carriage of
Goods Wholly or Partly by Sea (A/C.6/63/L.6);

- International Law Commission related resolutions:
Report of the International Law Commission (A/C.6/63/L.20 and
an amendment thereto A/C.6/63/L.22),as orally amended; Law
of Transboundary Aquifers (A/C.6/63/L.21); Nationality of
Natural Persons in Relation to the Succession of States
(A/C.6/63/L.14);

- Criminal Accountability (A/C.6/63/L.10);

- Consideration of Effective Measures to Enhance the
Protection, Security and Safety of Diplomatic and Consular
Missions and Representatives (A/C.6/63/L.12);

- Status of the Protocols Additional to the Geneva
Convention (A/C.6/63/L.15);

- Report of the Special Committee on the Charter of
the United Nations (A/C.6/63/L.19);

- The Rule of Law at the National and International
Levels (A/C.6/63/L.17); and



- Measures to Eliminate International Terrorism
(A/C.6/63/L.11).


In addition, the Sixth Committee also recommended by
consensus that the General Assembly adopt the decision on the
Administration of Justice at the United Nations
(A/C.6/63/L.9.) and a decision on the schedule of work for
the 64th session (A/C.6/63/L.16). The United States joined
consensus, per Department instructions (Reftels). Texts of
all the draft resolutions can be found on www.un.org through
the UN Official Document System.

EXPLANATIONS OF POSITION
--------------


6. Several countries offered explanations of position (EOP).
On the Status of the Protocols Additional to the Geneva
Convention (A/C.6/63/L.15),Egypt stated prior to adoption
that it had been flexible on the aspects relating to the
Third Protocol in order to facilitate consensus. However,
the delegate highlighted perceived shortcomings regarding the
situation in the Palestinian territory. After the resolution
was adopted, Israel said that it would not respond to Egypt's
EOP for now, and gave an EOP that noted that Israel had not
joined the First and Second Protocols because the language
therein had been politicized.


7. Four countries gave EOP's regarding Measures to Eliminate
International Terrorism (A/C.6/63/L.11). Egypt, Iran, Cuba,
and Tunisia expressed misgivings about the inclusion of
references to NATO in preambular paragraph 22. The delegates
argued that NATO was a military organization, unlike the
other international organizations that the paragraph notes
are working to prevent and suppress international terrorism.

ELECTIONS AND REVITALIZATION OF THE GA
--------------


8. The Chair urged regional groups to consult in advance of
the 64th UN General Assembly in order to provide nominations
for officers of the Sixth Committee at least three months
before the start of the next session. In conclusion, New
Zealand and Mexico praised the efforts that were made to
avoid overlaps of the Sixth Committee meetings with
oceans-related meetings and other meetings with legal
aspects. The representatives noted that this year the
smaller delegations were able to participate fully in both
Sixth Committee and General Assembly meetings. New Zealand
and Mexico urged scheduling for the 64th General Assembly to
continue this practice. The Sixth Committee also decided by
consensus to adopt the provisional agenda for next year's
session. (A/C.6/63/L.16).
Wolff