Delivering a statement on behalf of the State of Qatar at the plenary session of the UPU Council of Administration, HE the Permanent Representative of the State of Qatar to the UN Office in Geneva, Ambassador Ali Khalfan Al Mansouri expressed the State of Qatar’s sincere appreciation and thanks for the efforts undertaken at the UPU to promote the Universal Postal work and strengthen constructive cooperation among Member States.
HE pointed out that, for more than two years, Bahrain, Egypt, Saudi Arabia and the UAE maintained their suspension of all postal services with Qatar, in contravention of the UPU Constitution and implementing acts, and notwithstanding the Council of Administration’s resolution dated 27 October 2017 strongly urging them to re-establish direct postal relations with Qatar, which “they continue to ignore up until today”.
HE Ambassador said that Article 32 of the UPU Constitution “provides a remedy for such brazen conduct in the form of binding arbitration”, that Qatar invoked that provision on 20 September 2018, and it subsequently appointed Sweden as its arbitrator, whereas each of the Suspending States appointed Cyprus.
“Nevertheless, for more than a year now, the Suspending States have not cooperated with Qatar or the International Bureau in the constitution of the arbitral panels, in particular the appointment of the third arbitrators” HE said.
HE Ali Al Mansouri explained that the International Bureau first requested them to provide their views on Qatar’s proposals for the third arbitrators by 28 February 2019. But they failed to do so. On 28 June 2019, the International Bureau provided the parties with its own proposals for the third arbitrators, requesting them to provide their views by 15 July. Qatar provided its views within this timeframe. To Qatar’s knowledge, the Suspending States did not, once again in disrespect of the International Bureau’s request.
HE Ambassador recalled that the International Bureau finally, on the Suspending States’ own request, organized meetings on 19-20 September 2019 at the premises of the UPU between the legal representatives of the parties on the appointment of the third arbitrators. He added that “Qatar’s legal representatives were there, but they were alone in the room”.
He also said that “in circumstances such as these, Article 153(8) of the UPU General Regulations vests the International Bureau with power” to appoint the third arbitrators. The draft resolution Qatar sought to place on the agenda of the Council supported precisely the exercise of this power by the Bureau.
HE Ambassador continued that for about a year then Qatar worked with the Bureau to make every possible effort to come to a mutual agreement on the appointment of the presiding arbitrators with the Suspending States. He added “Indeed, the reason why we sought to place this item on the agenda of the Council so close to the start of its session was because we wanted to accommodate the International Bureau’s good offices to the greatest possible extent. And it is for the same reason that we have decided to withdraw the proposed agenda item.”
In this regard, HE extended Qatar’s thanks and gratitude to the Member States of the Council which understood its proposal to include this item and that expressed their readiness to support Qatar in that endeavour.
HE the Ambassador said that in an important step from the International Bureau: “I note that on 22 October 2019 we received a written note from the Director General acknowledging the continued non-cooperation of the four countries and also requesting, I quoting from the note “ that the State of Qatar and the four countries should, as a last opportunity, communicate their preferences on the Bureau’s proposals for the third arbitrators , initially circulated by the International Bureau on 28 June 2019 as I mentioned earlier. ''
HE the Permanent Representative went on saying that in consistent with Qatar’s good faith efforts to see the arbitral panels finally constituted “Qatar cannot but agree to the International Bureau’s request and shall promptly reiterate its preferences on the Bureau’s proposals for the third arbitrators. At the same time, Qatar unequivocally shares the International Bureau’s understanding that this is indeed “the last opportunity”—if the Suspending States do not seize upon it, Qatar understands that the International Bureau shall adopt the necessary action, including under Article 153(8) of the UPU General Regulations.”
In conclusion, HE Ambassador Ali Khalfan AL Mansouri said: “on this special day marking the anniversary of the entry into force in 1945 of the United Nations Charter, it is our sincere hope that the arbitration proceedings will move forward as a result of the International Bureau’s latest initiative. Indeed, the conduct of Bahrain, Egypt, Saudi Arabia and the UAE is not offensive merely to Qatar. It is also an affront to the organs of the UPU, whose good offices in the resolution of this dispute they have blatantly ignored. It is in the final analysis an affront to the very idea of dispute resolution under international law and in the UPU framework, which, if left unchecked, threatens the legitimacy and relevance of the UPU.