EU Presidency Statement - Protection, security and safety of diplomatic and consular missions and representatives

Statement by Ms. Anna Sotaniemi, Legal Adviser, Permanent Mission of Finland to the United Nations, on behalf of the European Union, UN 61st Session; Sixth Committee, Agenda Item 76: Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives, New York


Mr. Chairman,

I have the honour to speak on behalf of the European Union.

The Acceding Countries Bulgaria and Romania, the Candidate Countries Turkey, Croatia* and the former Yugoslav Republic of Macedonia*, the countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia, as well as Ukraine and the Republic of Moldova align themselves with this declaration.

Mr. Chairman,

The norms of international law, as codified in the Vienna Conventions on Diplomatic and Consular Relations of 1961 and 1962, lay down the legal basis for diplomatic and consular relations between States. The Convention regulates the privileges and immunities of diplomatic and consular representatives, as well as the obligations of receiving states. The European Union notes with satisfaction the increasing number of ratifications to the conventions and their protocols and urges Members States to implement them fully and to honour their obligations.

We need to keep in mind that privileges and immunities under those conventions are not to benefit individuals but to protect the sending State and to ensure the efficient performance and functions of diplomatic and consular missions as representatives of States. Diplomatic and consular personnel, for its part, are of course under obligation to respect the laws of receiving State.

The responsibility of a receiving State to provide protection to the diplomatic and consular missions functioning in its territory is at the heart of the international law relating to diplomatic relations. The physical safety of diplomatic and consular missions and representatives which is a prerequisite for their smooth functioning, is in our common interest and must be secured.

Mr. Chairman,

The European Union is deeply concerned about the continued attacks against diplomatic and consular missions and their personnel, as well as other incidents of violation of the Vienna Conventions around the world, as stated in the Secretary-General's report under the agenda item (A/61/199 and the addendums). The EU condemns in particular attacks that are deliberately directed against diplomatic and consular missions in the strongest terms as they are unacceptable and totally without justification.

The EU strongly urges Member States to honour their obligations under international law to provide protection to foreign missions, and do their utmost to prevent such attacks from taking place on their territory. Where attacks have occurred, they have to be fully investigated and prosecuted. The Member States are also encouraged to engage in a dialogue with the diplomatic missions in their territory with a view to finding the most effective ways in ensuring the full protection of diplomatic premises and representatives.

Breaches by a State of its obligations under the Vienna Conventions on Diplomatic and Consular Relations clearly engage its international responsibility, which entails an obligation on its part to make reparation and, in accordance with the facts of particular cases, may also entail an obligation to take other remedial action.

Finally Mr. Chairman,

The European Union encourages the Member States to comply with the reporting procedures established in the resolution under the agenda item. This is particularly important with a view to preventing future attacks against diplomatic and consular missions and representatives.

I thank you.


* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.

| Haut |

• EU Presidency Explanation of Position - Hostage-taking (10/11/2006)
• EU Presidency Statement - Human Resources Management (30/10/2006)
• EU Presidency Statement - Report of the ILC: Responsibility of international organizations (27/10/2006)
• EU Presidency Statement - Comprehensive review of the whole question of peacekeeping operations in all their aspects (23/10/2006)