General
Assembly Resolution 42/229 (A/RES/42/229
(A+B)) 2
March 1988 42/229.
Report of the Committee on Relations with the Host Country A The
General Assembly, Having
considered the reports of the Secretary-General of 10 and 25 February 1988,1/ Recalling
its resolution 42/210 B of 17 December 1987, Having
been apprised
of the provisions of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989,
which was signed on 22 December 1987, Title X of which establishes certain prohibitions
regarding the Palestine Liberation Organization, inter alia, a prohibition "to
establish or maintain an office, headquarters, premises, or other facilities or
establishments within the jurisdiction of the United States at the behest or direction of,
or with funds provided by the Palestine Liberation Organization or any of its constituent
groups, any successor to any of those, or any agents thereof", Noting
also from the report of the Secretary-General of 10 February 1988 3/ that the United
States was not in a position and was not willing to enter formally into the dispute
settlement procedure under section 21 of the Headquarters Agreement, that the United
States was still evaluating the situation, and that the Secretary-General had sought
assurances that the present arrangements for the Permanent Observer Mission of the
Palestine Liberation Organization would not be curtailed or otherwise affected, Affirming
that the United States of America, the host country, is under a legal obligation to enable
the Permanent Observer Mission of the Palestine Liberation Organization to establish and
maintain premises and adequate functional facilities and to enable the personnel of the
Mission to enter and remain in the United
States to carry out their official functions, 4.
Considers that a dispute exists between the United Nations and the United States of
America, the host country, concerning the interpretation or application of the
Headquarters Agreement, and that the dispute settlement procedure set out in section 21 of
the Agreement should be set in operation; 5.
Calls upon the host country to abide by its treaty obligations under the Agreement
and to provide assurance that no action will be taken that would infringe on the current
arrangements for the official functions of the Permanent Observer Mission of the Palestine
Liberation Organization to the United Nations 6.
Requests the Secretary-General to continue in his efforts in pursuance of the
provisions of the Agreement, in particular section 21 thereof, and to report without delay
to the Assembly; B The
General Assembly, Affirming
the position of the Secretary-General that a dispute exists between the United Nations and
the host country concerning the interpretation or application of the Agreement between the
United Nations and the United States of America regarding the Headquarters of the United
Nations, dated 26 June 1947,2/ and
noting his conclusions that attempts at amicable settlement were deadlocked and that he
had invoked the arbitration procedure provided for in section 21 of the Agreement by
nominating an arbitrator and requesting the host country to nominate its own arbitrator, Decides,
in accordance with Article 96 of the Charter of the United Nations, to request the
International Court of Justice, in pursuance of Article 65 of the Statute of the Court,
for an advisory opinion on the following question, taking into account the time
constraint: In
the light of facts reflected in the reports of the Secretary-General,1/ is the United
States of America, as a party to the Agreement between the United Nations and the United
States of America regarding the Headquarters of the United Nations,2/ under an obligation
to enter into arbitration in accordance with section 21 of the Agreement? 2/
See resolution 169 (II). 3/
A/42/915. RECORDED
VOTE ON RESOLUTION 42/229 A: 143-1-0 (Negative vote was Israel. The United States
announced that it was not participating in the vote.) RECORDED
VOTE ON RESOLUTION 42/229 B: 143-0-0 (Israel and the United States announced that they
were not participating in the vote.) |