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S-0882-0006-05-00001

Expanded Number S-0882-0006-05-00001

Title items-in-Permanent Observers

Date Created 08/09/1967

Record Type Archival Item

Container s-0882-0006: Correspondence Files of the Secretary-General: : with Heads of State, Governments, Permanent Representatives and Observers to the

Print Name of Person Submit Image Signature of Person Submit

End of Report United Nations - ARMS DafasefUNARMSDB 1 N S - ^'&~j -N< ATI O N S

jV.'fc'\V YORK

•j /.T; CJ N y w E wyrj :? K • A c « t £. rr r.

The Secretary-General of the United Nations presents his ..; compliments. to the Permanent Representative cf the Ur.icn of ;./• Soviet Socialist Republic £ arid ha"; the honour to refer to the ;• Note Verbaie of II June 19--7 addressed to him by the Permanent •: Mission of the Soviet Union concerning the cuestion cf inclusion : of reference to per^ar-eno observers of i-;on-:^s;r_bcrE in certain •'. - United Nations publications. ' - The Secre1ariat ras frequently no^/^d "thr't "t-h-^^g ^rc ro :' specific provisions relating to permanent observers of Non~ffieird;er£ in the United Nations Charter, in the Headquarters A.f/rceirent v/ith ,'. ••' the United Statec Governin.ent or in General Assenib.lv resolution ' 2fJ7 (ill) of. 3 Decen±cr 1948 concerning Permanent KiGS.iong of •i;. .Menslser States and has consistently held the view that Pcrrr-inent '(. Observers are n^rt cntitled_Jtp jdiplojiiatic privile^eo or irr-iiinitiec; •<. under the Headquarters Agreement or under other statutory prcvi- ;.' . sion.3 of the host State. This position of the Secretariat was •jcade clear net only in the rioto Verbalc of 25 October 1961 ;. addressed to the Perinanent i-Jssion of the USSR but also in a legal opinion issued on 22 August 196.2 ar;d reproduced in document •"I . ST/LEG/S (at page 236). The Socretary-C-eneral is therefore in •'.'' agresEcnt vrith the Perruanent hission of the Soviet Union that v: permanent- observers of Non-members have no officially recognised status at the United Nations. Nor are oersanent observers Dro- vided v/'ith protocol assistance which is accorded to Permanent '•.' I Jlissions of Msnber States by the Secretariat. A list of the :';, nair.es of Permanent Observers is appended tc the monthly list of v': permanent-I^ssion-s to the United Nations and is new also included. .Us' in-,.a section of the Journal of the United Nations r.erelv for . j.!» ''''••..''•'. . — .;/i cdnvenienc_e_.of-.referenc.e. L" N 1 T ?•; ]} NAT IONS M S l; N : i: S

'rVith rorjpa-t to the footnote rsf Grc::c-;: ir- doc'.'.r.cmt ,'2/7678, it will lie recalled tb?.t appeals for voluntary c;;i:tr:.tat.ic.r:3 have been c.ddresced to Kon-senbers ty rcsscn of their n:sr:bers]iip in the Bpecialised e.,2encic-E of the U^itGi ITations; in conferences convened under the aunpicer: of the United IT^tiors: or in certain United llations organs* Such a rsfercnce GOGS not imDl3r in any way the accordance or rocognl tier; of official status tD tho Fermc";ent Gt'servera. Since those !ior:-rr.--;:.-:bcrr; have establichea penranent onsorvcrs" oJ'TicGn at; a :;.e^i-c of li~.in:c-n wj.ih the United ITati on? at the latter ' s Headquarter", it is a."?, in for Hhn n^.he of ccnvonier'co that apjj0alc_ for vo? unt".:'y__ contrDtutionr, arc ch.-inr.elra through the o"boerverD_. The L-'-CC rotary -General TiiKhos to inform tho Po morion t Hipsion of tho Govic-t Union t!,c,t in providing the references to pcr.7. not deviated from its position as e;:pres-sed in itr-. lo/;:il opinion of 22 August ±962 and that he will take the roooccary ctepn in the future to a\roid any nii Gimderctir.dinr of that position.

8 Soptenber 1967 •";'' ' ' -' • '-- '. ,' ~~\r^~~-* ^Federal Republic of Germany 405 Lexington Avenuf i ,'. The Permanent Observer New York, N. Y. 10017 -" MUrray Hill 7-6882 to the United Nations A •;. Alexander Baker 9 September 1969

'./<•

As you may remember from our recent

conversation, Mr0 Georg Ferdinand Duckwitzs State Secretary of the German Foreign Office,

at the request of Foreign Minister Willy Brandt9 will "be in New York from 21 to 26 September 1969 on the occasion of the United Nations XXIVth General Assembly, During his stay in Hew York Mr. Luckwitz would very much appreciate being received by the Secretary-General, As you pro"bably remember, Mr. Duckwitz already had the privilege of calling on the Secretary-General last November during a previous stay in New York. Though I am fully aware of the Secretary-General's heavy schedule in the weeks to come, I would be most grateful to you if you could find it possible to arrange for a brief reception of Mr. Duckwitz by the Secretary-General.

Thanking you for your help,

(/ tl*U>\

Mr,, C.V. Narasimhan Under-Secretary-General and Chef de Cabinet of the Secretary-General United Nations JTew York V

[fRE4AU DE L'OBSERVATEUR PERMANENT DE LA SUISSE AUPRES DES NATIONS UNIES

New York, le 2k fevrier 1970.

Monsieur le Secretaire general,

J'ai eu 1'honneur de recevoir la lettre de Votre Excellence du 25 de ce mois par laquelle vous avez bien voulu exprimer la profonde emotion que vous a inspiree la catastrophe qui a frappe, le 21 fevrier, un avion de la Swissair. Vous me faites part, par la mime occasion, de vos condoleances pour le deces du capitaine Kuhn, premier pilote de I'e'quipage de 1'avion de la Balair que mon Gouvernement met a la disposition de 1'ONUST, et qui se trouvait parmi les passagers. Je n'ai pas manque de faire part a mon Gouver- nement et, par son entremise, a la famille du capitaine Kuhn de votre sympathie. En leur nom et en mon nom, je tiens a vous dire combien votre message m'a touche et a vous adres- ser la sincere reconnaissance pour les sentiments que vous avez eu la delicatesse d'exprimer. r Veuillez agreer, Monsieur le Secretaire general, I'assurance de ma tres haute consideration. L'OBSERVATEUR SUISSE •Son Excellence U'Thant Secretaire general de lfOrganisation des Nations Unies, New York, N.Y. .FEL/tsa

le 25 f$rei«r 1970

tie I''©r§sjais-atie-s4 J^ ties© a ]&as?t de la p^f-ss^ Ifeoti-esi <^u* sa'isspirfi la frapp4 1$ 21 frm-lm* l^avion d:e Is. Swissair I

CRT pascal lea fassagers s® iroawifc Is cspltein^ H *i@ T^airtes && &&• & la ge cfe 'la snyveiH^se© €a Is t® capitals® 1'tiha sou ^srvice spyia vm eoagl -?sa Saiss®, lorsqas le a -ais

asasl 1 la fssgllls €^ eaplteSm® Kiste sras eoailel©anefis Je tiers' 0gal«mes.fe I sa5sl? cette oee.as.ios pour yssrisr a Bfia-rosii Is S«m.trssHae;assifc s'4J,sse- d.e "i*app?d. ep*il a a|spdy%4 la :tf.ssios *tes ISatiass U33i©3 p«3«r is is^iaties. de la p;d.x su t t® 3tettsafc ws. avien I ss rlispissitloa et par d'autr-e®

• 8&e«I&eme Is R««m ., S.T. 1001? CVH/nt

7 April 19TO

Bear Sir>

5?he Seeretary-Seueral lias asked me to acknowledge your telegram to him dated h April •which came to his attention yesterday. By that time we had already received the ead news of the assassination, of the German Ambassador in Guatemala. In this connection, you may wish to know that the Seeretary-Seseral made the following public statement yesterday: "The Secretary-General deplores all acts of violence. In this particular ease, the senseless murder of a diplomat for political reasons is most despicable and should evoke universal condemnation.11 Secretary-General has asked me to convey his personal condolences to you,, to the Countess and to the other members of the bereaved family,, He would have written to you himself but for the fact that he had to leave this morning on an official visit to the Riilippiaee and Japan . I would like to avail myself of this opportunity to offer my personal sympathy to you^, to the Countess and to all the members of Count voa Spreti*s family.

Yours sincerely,

C. IT, Haraslmhan Chef de Cabinet Mr. Viktor Gottfried Rledl voa Ridenstein B/O Bermanent Observer of the Federal Republic of Germany to the 0 nlted Nations 405 Lexington Avenue York, 3$,Y. 100(17 cc-- ^ L !'

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-<-, "^ •• ' ^ «^" TO : The Secretary-General

FROM : Jean Gazarian

FOR YOUR INFORMATION

DME; MOCTB7D Translated from French

OFFICE OF THE PERMANENT OBSERVER OF TO THE UNITED NATIONS

New York, 2k October 1970

714. WO Sir, The Swiss Government wishes to make known, in a statement, its position regarding the resolution adopted today by the United Nations General Assembly concerning the International Development Strategy for the Second United Nations Development Decade. On instructions from my Government, I have the honour to transmit to you herewith, for information, the text of this statement. The Federal authorities reserve the right, if necessary, to explain in greater detail Switzerland's position in regard to some of the specific points mentioned in the Strategy, in the various United Nations specialized organizations and bodies of which Switzerland is a member. I am also informing the President of the General Assembly of the foregoing, and I am sending a copy of this letter, together with the annex thereto, to the Heads of Permanent Missions and to Permanent Observers. Accept, Sir, the assurances of my highest consideration.

(Signed) B. TURRETTINI Observer of Switzerland

Annex; Statement by the Swiss Government

His Excellency U Thant Secretary—General of the United Nations New York, N.Y. 10017 ORIGINAL: FRENCH

INTERNATIONAL STRATEGY FOR THE SECOND

UNITED NATIONS DEVELOPMENT DECADE

STATEMENT

BY THE SWISS GOVERNMENT

The international strategy for the Second United Nations Development Decade represents in the opinion of the Swiss Government the result of an unpre- cedented effort to place international co-operation in the field of development on a more rational and objec- tive basis. It also considers this strategy as the starting point for the concerted and systematic action which all States members of the United Nations, devel- oped and developing alike, intend to take during the next ten years.

The Swiss Government wholeheartedly supports the purpose and principles of the United Nations Charter, under which members declare that they are "determined to promote social progress and better standards of life in larger 2.

freedom". It was associated with the preparation of the strategy in the economic and social agencies and bodies of the UnitedNations, and wishes to confirm that it subscribes to the general lines of action contained in this resolution. In formulating and implementing its policy of co-operation for development it will be guided by the spirit of the strategy and the recommendations it contains.

The Swiss Government will participate in the common effort: and is prepared to take into consideration the measures recommended in the fields covered by this strategy,, namely: International trade - Trade expansion, economic co-operation and regional Integration among developing countries - Financial resources for develop- ment - Invisibles., including shipping - Special measures in favour of the least developed among the developing countries - Special measures In favour of the land- locked developing countries - Science and technology - Human development - Expansion and diversification of production - Plan formulation and implementation.

As a matter of priority, the Swiss Government has already indicated its intention of submitting to

Parliament, for approval, the legislation required for the implementation, in the field of international trade, of a system of generalised and non-discriminatory pre- ferences. As regards development financing, the Swiss Government will shortly propose to Parliament measures to serve as a basis for Switzerland's efforts to pro- vide, as regularly as possible, to developing countries private and public annual financial transfers of a minimum net amount of one per cent of its gross national product. For this purpose, official development assistance is to be increased substantially, in addition to the participation of the private sector and voluntary agencies in the implementation of development plans and programmes. The proposed measures are intended to take into account the needs of the developing countries for capital on concessional terms, as well as the implications, already referred to in the appropriate bodies, of the Swiss economic structures on the composition of its financial contributions to development.

The Swiss Government also intends to devote special attention not only to the quantitative, but also to the qualitative aspects of assistance, in particular by encouraging human development through education and by promoting social progress.

The Swiss Government considers that the search for ways and means of increasing the effectiveness of the efforts made by the developing, as well as the developed countries, constitutes an essential element of the development strategy. For this reason,, Switzerland will support procedures for the review of overall efforts.

The Swiss Government will participate in the co-operation aimed at stimulating in all countries the general public interest in the development require- ments, which call for a sustained effort on the part of each individual.

The Swiss Government is convinced that the strategy for the Second Development Decade offers particularly favourable prospects for an intensification of development efforts, and will thus help to bring peoples closer together.

October 24, 1970 cc: Mr. ,3. Sloan Z Leraieux

1971

Confidential

Mr. i actei0sFl03ge! receipt of yousr letter Sated 2$ April the Interest of t&e Swerelga Military Order of "in eatafeliehing official relations with tlie United Bastions"» I as refsrriug the azatter to Ms?* B3Lsins Sloan in the Gffiee of tfes I«^l Counsel an& ^e«jaesting Mm to reply to you direct* Personally, I eto not fceMevstlsa t it vill lae posslbt^ S"or tlse drd®3* to establish a Permanent Ctos^rvsr Mission at the tfeited kind Tours

C.V* Sarasiiahan & Cabinet

* Srwia Unites Hatioas Infoziaatioa Centre Pissza. 'Sail Ifef^e, 50 C03S6 UNITED NATIONS WWF NATIONS UNIES

INFORMATION CENTRE t PIAZZA SAM MAHOO, BO ooise ROME

• 64O.14O, 680.907 CABLHS, OMNIPRKSS, ROME

PERSONAL AMD CONFIDENTIAL, 29 April 1971

Dear Mr. Narasimhan, I should like to inform you that I have been approached by Marquis Rairaondo Giustiniani whom I know well from the days when he was the Italian Ambassador in The Hague and who is now the Secretary of Foreign Affairs of the Sovereign Military Order of Malta which, as you are aware, has its ~'''''~ .....-—-- " ...... -~' Ambassador Giustiniani told me that the Order was very much interested 1 in establishing official relations with the United Nations.' The most expeditious way, he thought, might be '"tHe""e"sTablishment of a Permanent Observer Mission at United Nations Headquarters. As you know, there is no doubt that the Order is a sovereign entity. It has, indeed, a unicpie position in international law. The order has diplomatic relations with eight African, three Asian, six European and eighteen Latin- American States. With all these States it has exchanged diplomatic missions, headed by ambassadors or ministers plenipotentiary. The Order is in the process of establishing relations with other States as well and also maintains relations with UNESCO, WHO and UNHCR. I attach a. copy of the Order's Yearbook for 1971 which, on pages 64 - 74 contains a list of the Diplomatic Corps to the Order. On pages 49 - 60 you can also find a list of diplomatic missions accredited by the Order to the above countries. i The Order is, obviously, not so much interested in the political aspects of the activities of the United Nations but very much so in practically all its social and economic work, including development, The Order itself;. (which, in ray opinion, has considerable financial resources) is very active in welfare work, particularly in the fight against hunger, disease and ignorance all over the world (recently and for old times' sake it also dispatched an economic aid mission to Malta).

Mr. C.V. Narasimhan Chef de Cabinet and Under-Secretary-General Executive Office of the Secretary-General United Nations, New York UNIC ROME PAOEI,

Apart from the above yearbook which is in French I also attach a copy of the Order's brochure "A Modern Crusade" in English which gives a good review of the Order's structure, activities and history. Could you kindly let me know whether you feel that the above is feasible, particularly as relations already exist with WHO, UNESCO and UMHCR? Ambassador Giustiniani thought that the work of the Order could be broadened considerably through direct co-operation with the United Nations. All my thanks in anticipation and kindest regards,

Yours sincerely,

Erwin K. Baumgarten Director

fa. 1 /

PERSOKAL ASP CONFIDENTIAL 13 Hey 1971

Dear Mr. Baumgarten, Mr* Karasiohan baa forwarded to me your letter of 29 April 1971, together with his reply, regarding a suggestion that the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta, establish a Permanent Observer Mission at United Rations Headquarter*. While ve certainly appreciate the Interest of the Order in the social an! economic wrk of the United Kations, and frilly realise its contributions in the fields of welfare and of health, ve regret that there vould be no possibility of its establishing a Permanent Observer Mission at Headquarters. The status of Permanent Observer is not laid down in the. Charter, nor has it been defined lay any principal deliberative organ of the Halted Hatlons. It rests, however, on what is now a clearly defined practice. I attach a legal opinion given in 1962, tfoich describes that practice and uiiieh has net changed eiaee the opinion vas given. The possibility of establishing a Bsrmaneat Observer Mission is open only to a State, not a naaber of the United Rations, which is a ftiH member of one or more of the sjpeeia!i*ed agencies , or of the fcsternatiosal Atomic Energy Agency or which i« a party to tha Statute of the International Court of Justice. !ESMt Order does not <$u$lify under these criteria for Permanent Observer status, as it is net a foil member of any of the agencies mentioned, nor ia it a party to the Statute of the Court. Yours sincerely,

Blalne •••.•- •'••''••' .'•':-' .. , •• .. "•• '•' - •' Director General Legal Division i» Charge of tha Off ice of . ' • •' ' • . . • •'':••,. :-''" Xe^il Affairs Mr. Erwln K. Batsagarten Director .•••.'•''; " ' " ''-: ; .- •• • '• Itaited Nations Ijxforffi&tlon Centre Fiassa San Marco, 50 00186 Roaie, ITALY ' ST/LEG/8 j.;.;* English f- • i- , Page 236 : HJ ,/:..^;;; ; ^^;;.j;;"f;,;if:.; ' CHAPTER VI te!'.'--.f iT.f-v.T, •••„;-... S^ ^ » K-- H ' •'SELECTED LEGAL OPINIONS OF THE SECRETARIAT OF THE UNITED f %? t •'•'•' NATIONS AND RELATED INTER-GOVERNMENTAL ORGANIZATIONS yfei #i it *t& '* J -:-.' ... A. LEGAL OPINIONS OF THE SECRETARIAT OF I;!-4 THE UNITED NATIONS tp, -- '• -.-' ' ' '. •" '' tfjJV '"'•' (issued by the Office of Legal Affairs) Mfe:( IPl • ' ••,,. • . - •lie. '' .'••••:'• 1. Accreditation of Permanent Observers by non-members at United Nations Headquarters. v

.:.':;' • Memorandum to the Acting Secretary-General

. .'"' Policy of the Organization regarding Permanent Observers

< , ' :f '' ' ' 1. In deciding whether or not to accord certain facilities to a Permanent Observer, it has been the policy of the Organization to make such facilities available only to those appointed by non-members of the United Nations which are X full members of one or more specialized agencies and are generally recognized by Members of the United Nations.—' . ...

', \ Legal basis for the institution of Permanent Observers

2. There.are no specific provisions relating to Perimnent Observers of ncn- \ ' ' member States in the United Nations Charter,. in the Headquarters Agreement with the -"••''United States Government or in General Assembly resolution 257 (Hi) pf ;; ; ! - :' 3 December 19^8 relating to Permanent Missions "pf Member States. The Secretary-

;/^General referred to Permanent Ob-iervers .of non-members' in his report to the fourth .'-' session of the,Assembly on Permanent Missions (A/939); but no specific action was ;;V:';::taken by the.'As^embly either at that time;, or. later i.to provide an express legal basis •V-"for the institution of Permanent Observers.'. It therefore rests purely on practice '-r •£•: • as so far followed. "• • ; . • ; > , v '.•-.. ; ; ••-,'...

•''".'.- I/ A Permanent' Observer was designated by the.vGovernmerit ;of ^'Switzerland in the summer of 19^6 and the practice of designating such Observers has been followed ; | by Switzerland since that time. Observers were subsequently appointed by : :-,. • certain States which later became Memtiers of: the United Nations, including . v/;/; Austria, Finland, Italy and Japan.- Certain'other States, which are not Members ".'':•-' of the Organization at the present time, maintain''Permanent Observers, namely '•-&; v - the Federal Republic of ,Germany (siiice,October 1952), Monaco (since May 1956), '.?;•"%;:; the Republic of Korea (since; February .1949), and!, the Republic of Viet-Nam ! 1 '.?i*p,-..'.', (since Ifereh I952).,.M-''...-•-"v';;- '-:';'''.-',-' • ' Ji:' ••-,' ^ ii-.*; ;: - • /...

^^ ST/LEG/3 English Page 237

Facilities accorded to Permanent Observers

3. Since Permanent Observers of non-member States do not have an officially recognized status, facilities which are provided them by the Secretariat are strictly confined to those vhich relate to their attendance at public meetings and are generally of the same nature as those^extend.e_d,.tp distinguished visitors at United Nations Headquarters. The Protocol Section arranges for their seating at such meetings in the- public gallery and for the distribution to them of the relevant unrestricted documentation. A list of their names is appended, for convenience of reference, to the List of Permanent Missions to the United Nations published monthly by the Secretariat, as Permanent Observers often represent their Governments at sessions of United Nations organs of which their Governments ara members, or at conferences convened by the Organization to which their Governments have been invited to participate. 4. No other formal recognition or protocol assistance is extended to Perrr.anent. Observers by the Secretariat. Thus no special steps are taken to facilitate the granting of United States visas to' them and their personnel, nor for facilitating the establishment of their offices in New York. Communications informing the Secretary-General of their appointment are merely acknowledged by the Secretary- General or on his behalf and they are not received by the Secretary-General for "the purpose of presentation of credentials as is the case for Permanent Representatives of States Members of the Organization.

Permanent Observers and the question of privileges and immunities

5- Permanent Observers are not entitled to diplomatic privileges or immunities under the Headquarters Agreement or under other statutory provisions of the host State. Those among them who form part of the diplomatic missions of their Governments to the Government of the United States may enjoy immunities in the United States for that reason. If they are not listed in the United States diplomatic list, whatever facilities they may be given in the United States are merely gestures of courtesy by the United States authorities.

•,..., • 22 August 1962.

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