Statement by

H.E. Ms. Zahra Ershadi

Ambassador and Deputy Permanent Representative

of the Islamic Republic of Iran to the United Nations

Before the Sixth Committee, UNGA 76

on Agenda Item 167: “Report of the Committee on Relations with the Host Country”

New York, 9 November 2021

In the Name of God, the Compassionate, the Merciful.

Madam Chairperson,

At the outset, I would like to align myself with the statement delivered on behalf of Non-Aligned Movement and would like to deliver the following in my national capacity.

Hosting the UN Headquarters is a privilege in and of itself. In this respect, while the UN Headquarters is located in their territory, the Host Countries are expected to provide an environment that enables the UN to fully and efficiently discharge its responsibilities to the best of its capabilities. The Host Countries are obligated to create a composed environment for Missions accredited to the UN in order to ensure that said Missions are able to carry out their normal activities. This includes adequate access to the UN Headquarters, travel and transit to and within the Host Countries as well as prompt issuance of visas. All aforementioned obligations are based on relevant international instruments, including Headquarters Agreements as well as Vienna Convention on Diplomatic Relations (1961), without the involvement of bilateral political considerations between Member States and the relevant Host Country.

  My delegation extends its gratitude to the Chair of the Committee on Relations with the Host Country and appreciates the Secretary-General for his report contained in document A/76/26.

According to the report which reflected several meetings of the Committee on relations with the Host Country, outstanding issues such as visa restrictions, travel and movement restrictions, security of missions and their personnel, property of a mission and banking issues all still exist unresolved. The application of Section 21 of the Headquarters Agreement is among the issues that have yet to be materialized by the Secretary-General.

Among the lengthy problems faced by my Mission and the Iranian representatives, the three mile-radius movement restriction in January 2021 was reverted back to the 25 mile-radius movement restriction that was implemented prior to 2019 which is an obvious example of discrimination against my delegation. My delegation, while taking note of this action by the Host Country as a promising step to resolve all other problems and remove the remaining outstanding restrictions, however, does not recognise it as a progressive development and fundamental change in the latter’s behaviour towards abiding its responsibilities under Headquarters Agreement and other relevant instruments. It is those restrictions that are arbitrary and discriminatory in nature that still exist, contrary to the Host Country’s obligations.

 With that in mind, my delegation believes the unresolved cases before the Host Committee represent a systematic policy of discriminatory application of the Headquarters Agreement against certain Member States.

Madam Chairperson,

Invocation of humanitarian exemptions by the Host Country’s representatives as a justification for releasing some restrictions on Missions or providing some facilities for their activities before the UN does not exonerate this Country’s intrinsic obligations to abide by its responsibilities under the relevant instruments.

In the same vein, unsubstantiated and excessive use of “security issues” for justification of imposing different kinds of restrictions on some specific Missions is not only contrary to the Host Country’s obligations but also assaultive to the targeted Missions and their representatives that are in reality respecting of the Headquarters Agreement’s provisions as well as the Host Country’s rules and regulations.

Furthermore, taking into account the absolute illegality of the unilateral coercive measures, and where the perpetrator of such inhumane and unlawful measures is the Host Country of the UN Headquarters in NYC, it is therefore incumbent upon the Host Country to fully fulfil its obligations under the Headquarters Agreement in order to refrain from imposing any forms of sanctions which in any way whatsoever disrupt or constitute an impediment to the normal activities of Member States.

Madam Chairperson,

As an undisputable rule, there is no room for the application of measures based on reciprocity in the treatment accorded to permanent missions accredited to the UN. In this regard, I would like to reemphasis the position of the UN Legal Counsel contained in paragraph 191 of document A/75/26.

Madam Chairperson,

We welcome the recommendation of the Host Committee to the Secretary-General this year to consider and take the appropriate steps under Section 21. We understand that several years of negotiations between the UN Secretariat and the Host Country have not yielded to fundamental change in the latter’s policies in the discriminatory application of Headquarters Agreement. In this regard, I would like to bring your kind attention to the joint letter of a group of Countries addressed to the Secretary-General dated 31 August 2021 highlighting this issue. We reiterate our constant call to the Secretary-General to trigger the Dispute Settlement Mechanism in Section 21. There is no doubt that the Secretary-General not only has the discretion but also the obligation to trigger that Mechanism in the Headquarters Agreement in implementing two consecutive UN General Assembly resolutions in order to preserve the credibility, independence and functionality of our Organization.           

 I thank you, Madam Chairperson.