FIFTH COMMITTEE APPROVES $116 MILLION FOR MISSIONS IN FORMER YUGOSLAVIA, CRIMINAL TRIBUNALS AT CONCLUSION OF FIRST PART OF RESUMED SESSION

8 April 1996

Press Release
GA/AB/3071

FIFTH COMMITTEE APPROVES $116 MILLION FOR MISSIONS IN FORMER YUGOSLAVIA, CRIMINAL TRIBUNALS AT CONCLUSION OF FIRST PART OF RESUMED SESSION

19960408 10 Draft Texts Include Those on Administrative Aspects of Peace-keeping Financing; Procurement Reform

As the Fifth Committee (Administrative and Budgetary) closed the first part of its resumed session on Thursday night, 4 April, it approved 10 draft texts, without a vote, on matters ranging from the funding of missions in former Yugoslavia and the International Criminal Tribunals, to reforms of the procurement system and how States are reimbursed for peace-keeping equipment.

In a decision taken by a vote of 46 in favour to 1 against (United States), with 1 abstention (Ukraine) on a motion by Uganda, the Committee closed the debate on a draft resolution on the compensations of the Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ) and full-time members of the International Civil Service Commission (ICSC).

The draft before the Committee would have asked the Secretariat to implement General Assembly resolution 46/192 of 20 December 1991 to adjust the officials' pensionable remuneration according to the procedure for adjusting those of Professional- and higher-category staff. (According to the Secretary-General, in an October 1995 report, if the resolution is applied, the pensionable remuneration for the ICSC and ACABQ chairmen would increase to $164,900 from $140,000 per annum.)

Uganda's representative proposed the motion that no action be taken on the draft after the United Nations Controller, Yukio Takasu, assured that resolution 46/192 would be implemented as it was still in force. That answer was clear enough to forestall further search for answers, unless there were other motives. The representative of Cuba had asked why it was necessary to adopt another text to ask the Secretary-General to implement an existing legislation.

Opposing, first, action on the draft resolution and then, the motion to close discussions on it, the United States' representative said at various points before the vote that more consultations should be held on the matter, that the meeting should be suspended and that consideration of the text had

not complied with the 24-hour rule. After the vote, he questioned whether a quorum had been present. After being informed by Committee Secretary Joseph Acapko-Satchivi that a quorum was not needed for a procedural motion, he said he reserved his position on the financial implications of the adjustment.

Also speaking were the representatives of Kenya, China, Indonesia, Algeria, Portugal, Mali, Mexico, Egypt and Ukraine.

Under the terms of three drafts, the Assembly would authorize about $116.2 million gross to maintain several peace-keeping operations in the former Yugoslavia and the International Criminal Tribunals for the Former Yugoslavia and Rwanda for varying periods this year, as follows:

-- $100 million gross ($98.4 million net) for the period 1 January to 31 May for the United Nations Protection Force (UNPROFOR), the United Nations Confidence Restoration Operation in Croatia (UNCRO), the United Nations Peace Forces in the former Yugoslavia (UNPF), the United Nations Peace Forces Headquarters, the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES), the United Nations Mission in Bosnia and Herzegovina (UNMIBH) and the United Nations Preventive Deployment Force (UNPREDEP);

-- $8.6 million gross ($7.6 million net) for the International Criminal Tribunal for the Former Yugoslavia for 1 April to 30 June;

-- $7.6 million gross ($7.1 million net) for the International Criminal Tribunal for Rwanda for the same period.

Among the actions it took on administrative and budgetary aspects of peace-keeping financing, the Committee approved a draft resolution that would have the Assembly decide that the reformed procedures for determining reimbursement for contingent-owned equipment shall be in place as of 1 July 1996 on the basis of recommendations by working groups that had studied those issues and by the ACABQ. (The recommendations include proposals for the new lease arrangements for contingent-owned equipment, the Secretariat's preparatory role for conversion to the new system and the draft contributions agreement.)

The draft would also endorse proposals presented by the ACABQ regarding loss and damage to major equipment due to hostile action or forced abandonment. (The ACABQ had also recommended that, should either the United Nations or a State fail to meet its full obligations under the lease system, the matter could be referred to a dispute settlement mechanism. It could include mediators and/or arbitrators appointed by the President of the International Court of Justice.)

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The Assembly would increase Greece's assessments for peace-keeping missions from 1 July by placing it in the group of Member States paying higher dues for peace-keeping, according to another draft resolution. By its terms, the Assembly would also relocate Ukraine to a group of Member States charged lower peace-keeping dues. The text would move Greece from group c to group b of the States in the special peace-keeping scale. Ukraine will go in the opposite direction as long the dollar cuts in its dues will match the additional sums Greece will be charged.

Ukraine was placed in group b by its previous membership in the former Soviet Union. Since its independence, it is the only former Soviet and eastern European State still in that group. Greece has been in group c since the special scale for peace-keeping funding was adopted in Assembly resolution 3101 (XXVIII) of 11 December 1973.

The 1973 resolution divided the United Nations membership into four groups for apportioning peace-keeping expenses. Those in group d would pay 10 per cent of their regular budget rates; group c, 20 per cent; and group b, 100 per cent. In group a are the permanent Security Council members, which would pay 100 per cent plus what is left unapportioned. The rates are further adjusted in proportion to States' regular budget dues.

Ukraine is assessed at 1.1400 per cent for the regular budget and 1.1438 per cent for peace-keeping in 1996. Moved to group c, it will be assessed about a fifth of its regular budget rate. Greece, assessed at 0.3800 per cent for the regular budget and 0.0763 per cent for peace-keeping, will be charged 100 per cent in group b.

Singapore spoke on the draft. The representatives of the United States, Ukraine, Greece, Russian Federation, New Zealand, India, Indonesia and Mexico explained their positions.

Regarding death and disability benefits for United Nations peace- keepers, the Committee approved a draft resolution to ask the Secretary- General to study the possibility of an insurance scheme to cover all troops. He is to base it on a request for proposals from the global insurance market and to present its results by 15 July for the Assembly's consideration.

The draft approved on the support account for peace-keeping missions would extend through 30 June, 61 temporary posts the Assembly had previously approved, and authorize $50,000 for general temporary assistance, $40,000 for overtime, $60,000 for travel, $189,500 for training and $660,100 for common services through that date. They would be financed from the current formula for financing the support account.

The United States explained its position.

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If the Assembly adopts a draft on the scale of assessments, approved as amended, it would permit Liberia, Rwanda, Tajikistan and Comoros to vote through various parts of its next regular session, and Georgia through its current session.

Mexico and Singapore spoke in explanation of position.

By the terms of the draft decision on the implementation of procurement reforms in the Secretariat, the Assembly would ask the Secretary-General to submit to its next regular session a comprehensive report on implementing the reform as defined by the ACABQ. (In its report, the ACABQ states that the Secretary-General's previous report should have covered all the procurement at Headquarters and field operations. It recommends that the Secretary-General submit to the next Assembly session a full implementation report on procurement reform no later than 1 October.)

Speaking in explanation of position, the representative of Italy, also speaking for the European Union, expressed regret that a provision that would ensure preference for vendors from Member States who had paid up their dues was dropped due to some opposition.

The representative of the United States said his delegation had opposed that provision because the awarding of contracts should be based on objective commercial criteria. The representative of Uganda also spoke on the issue.

The Committee also approved an oral draft decision, submitted by its Chairman, Erich Vilchez Asher (Nicaragua), to defer consideration of the question of unforeseen and extraordinary expenses to May.

The Committee will meet again in May, on a date to be announced.

Action on Draft Decision on Procurement Reform

By the terms of the draft decision on the implementation of procurement reforms in the United Nations Secretariat (document A/C.5/50/L.39), the Assembly would ask the Secretary-General to submit to the fifty-first session a comprehensive report on implementing the reform as defined in the report of the ACABQ.

In its report, the ACABQ states that the report of the Secretary-General should have been comprehensive and covered all the procurement activities of the Secretariat at Headquarters and all field missions and operations. It recommends that he submit to the fifty-first session a full implementation report on procurement reform no later than 1 October. The report should cover comprehensively all the procurement activities of the Secretariat, taking into account the relevant comments and recommendations of the Board of Auditors and

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observations of the ACABQ. The report should include progress made on the measures being proposed by the Secretary-General and accepted by the Assembly and on the proposed consequential changes in the financial regulations, standard operating procedures. It should provide information on coordination with other United Nations bodies such as the United Nations Office for Project Services and the Inter-Agency Procurement Services Office.

MOVSES ABELIAN (Armenia), a Vice-Chairman of the Committee, who had conducted informal consultations on the draft text, introduced it and reviewed some of its provisions. He asked for its adoption without a vote, since it was the result of a consensus.

The Committee draft approved the decision without a vote.

Speaking in explanation of position, RENATA ARCHINI (Italy), also speaking for the European Union, said she welcomed the progress that had been made in implementing the reforms of the Secretariat's procurement system. The Secretary-General should continue those efforts to make the process more transparent. She regretted that the Secretary-General had not been authorized in the text to appoint a well-qualified director to oversee the procurement system. She said a provision that would give preference to vendors from Member States that had paid up their dues to the Organization had been dropped due to the opposition by some countries. Such preference should be to qualified vendors or suppliers from countries that were not in arrears. She expressed regret that no agreement had been reached on that matter. The Union would continue to pursue that principle whenever the question of procurements was brought up.

WILLIAM K. GRANT (United States) said the Secretary-General's plans should proceed and that he looked forward to the future report expected of him. He expressed regret at the lack of agreement on a more substantive draft text. That had partly been due to disagreement on a new provision that would have had the Secretary-General award contracts based on a Member State's payment of assessments to the United Nations. The United States had opposed that provision. The award of contracts should be based on objective commercial criteria. Imposing a penalty on Member States would have gone beyond the Charter. The matter could be discussed in the high-level working group on the United Nations financial situation. The issue of reforms should not be side-tracked by other matters.

NESTER ODAGA-JALOMAYO (Uganda) expressed regret that the Committee had not been able to examine the more substantive issues and looked forward to the Secretary-General's comprehensive report on the reform of procurement. The Secretariat should take note of the outstanding issues regarding the procurement reform, especially those concerning the International Tribunal.

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Action on Draft Decision on Unforeseen Expenses

AMMAR AMARI (Tunisia), Vice-Chairman of the Committee, said that informal consultation had indicated that a decision should be taken to refer the question of unforeseen and extraordinary expenses to the next resumed session of the Assembly.

ERICH VILCHEZ ASHER (Nicaragua), Committee Chairman, proposed an oral draft decision that would recommend that the Assembly defer considering the issue to the next part of the resumed session.

The Committee approved the oral decision to defer considering the question of unforeseen and extraordinary expenses to May.

Action on Draft Resolution on Scale of Assessments

According to the draft resolution on the scale of assessments (document A/C.5/50/L.38), the Assembly would decide that Liberia, Rwanda, Tajikistan and Comoros be permitted to vote through the Assembly's fifty-first session and Georgia through the fiftieth session. It would also decide that the failure of Liberia, Rwanda and Tajikistan to pay the minimum sums necessary to avoid the application of Article 19 of the Charter was due to conditions beyond their control. For Comoros, the Assembly would decide on that action, as an exceptional measure, pending consideration of the Committee on Contributions' report on that country by the Assembly. (Article 19 states that a Member State which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years.

Other provisions of the draft would request the Secretary-General to ensure the earliest possible notification of Member States liable to fall under the provisions of the Article in the following year. The Secretary- General is also requested to inform the President of the Assembly of Member States subject to the provisions of Article 19 as soon as possible after 1 January of each year. He should ensure that a list of such States is made available to all Member States at least seven days before the first formal meeting of the Assembly each year.

PATRICK KELLEY (Ireland) introduced the draft resolution and made some amendments. He then reviewed some its contents and asked for it to be approved without a vote.

The Committee approved the draft resolution without a vote.

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Speaking in explanation of position, MARTA PENA (Mexico) said she had not opposed the consensus so as to permit the adoption of the text by the Fifth Committee. That gesture of flexibility was meant to show understanding for the concerns expressed by many delegations. It would be paradoxical for the General Assembly to grant such a large number of exemptions from the provisions of Article 19 while it faced a financial crisis. That would be detrimental to the spirit of that Article; some of the countries had not provided plans or schedules on how they would clear their arrears.

HO TONG YEN (Singapore) said that the granting of large numbers of exemptions went against what the United Nations was trying to achieve through such avenues as the high-level working group on the United Nations financial situation and other means to get Member States to pay their dues on time. The granting of such exemptions would make it harder to make members pay their dues. He supported the work of the Committee on Contributions. Singapore supported the exemption to Takijistan because it had provided additional information. The Comoros had been in a special situation which had not been considered by the Committee on Contributions. Exemptions should not be a commonplace occurrence and should be granted only in exceptional circumstances. If Article 19 could not be applied by the Assembly, its efforts to make Member States pay their assessments would fail.

Action on Drafts on Financing of International Tribunals

The draft on the financing of the International Criminal Tribunal for the former Yugoslavia (document A/C.5/50/L.35) would have the Assembly authorize the Secretary-General to commit $8.6 million gross ($7.6 million net) to maintain the Tribunal for the period 1 April to 30 June, pending a detailed report of the ACABQ. Half that sum would be transferred from the account of the United Nations Protection Force, on an exceptional basis, and the other would be assessed according to the regular budget scale of assessments.

By the terms of the draft decision on the financing of the Tribunal for Rwanda (document A/C.5/50/L.36), the Assembly would decide to authorize the Secretary-General to enter into commitments for its continued operation for the period 1 April to 30 June up to the amount of $7.6 million gross ($7.1 million net), pending a detailed report of the comments and recommendations of the ACABQ. Also by that text, the Assembly would decide that, as an ad hoc and exceptional arrangement, Member States will waive their respective shares in the credits arising from previous budgets of the United Nations Assistance Mission for Rwanda (UNAMIR) of up to $3.8 million gross ($3.5 million net) and accept an equivalent increase in their assessments for a future budget period of the Mission, which then be transferred to the Tribunal's account from that of UNAMIR. The Assembly would also decide to apportion another $3.8 million

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gross ($3.5 million net) for the period 1 April to 30 June according to the 1996 regular budget scale of assessments.

MARIA ROTHEISER (Austria) introduced the draft resolution on the financing of the International Tribunal for the former Yugoslavia and recommended its adoption without a vote.

SAM HANSON (Canada) introduced the draft on the Rwanda Tribunal. He said that it had been agreed upon with a minimum of discussion "in somewhat less time than it has taken me to introduce this resolution" and recommended its adoption without a vote.

VIRGINIA GRAHAM (United States) asked for confirmation of whether it was the sum of about $7.6 million that was to be approved.

The Committee approved the draft texts on the International Criminal Tribunals for the Former Yugoslavia and Rwanda without a vote.

YUKIO TAKASU, United Nations Controller, said that it was very clear that the amount approved by the Committee was significantly short of what would be needed to maintain the two Tribunals. In particular, there was no staff commitment nor were other items taken into account, such as the construction of court rooms and other facilities for the Rwanda Tribunal, for instance. All available resources would be used judiciously to effectively implement the tribunal activities.

Action on Draft Resolutions on Peace-keeping Financing

PETER MADDENS (Belgium), Rapporteur of the Fifth Committee, said he had presided over the informal consultations of the Committee regarding agenda item 138, which included the following four topics: reform of procedures for calculating reimbursements to Member States for contingent-owned equipment; death and disability benefits; Secretary-General's proposals for the support account for peace-keeping missions; and reclassification of Ukraine to group c for funding quotas for peace-keeping operations. He then introduced the draft resolutions on those subjects.

Under the provisions of the draft resolution on the support account for peace-keeping operations (document A/C.5/50/L.42), the Assembly would extend through 30 June, 61 temporary posts it had previously approved and authorize $50,000 for general temporary assistance, $40,000 for overtime, $60,000 for travel, $189,500 for training and $660,100 for common services through the same date. They would be financed from the current formula for financing the support account.

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It would also have the Assembly decide to revert in May to the Secretary-General's proposals on the support account for the period 1 July 1996 to 30 June 1997. The Assembly would then request the Secretary-General to ensure that all submissions on backstopping at Headquarters are presented in the context of the support account report. It would also decide that the Secretary-General's 1996-1997 regular budget measures would not be extended to the support account posts due to their temporary nature.

The Committee approved the draft on the support account without a vote.

Speaking in explanation of position, Mr. GRAHAM (United States), said that some points should be understood. The 61 temporary posts would not be extended beyond 30 June. The status quo of posts would be maintained. The use of support account for renting of the building space and the ACABQ would not be authorized. Thorough analysis of the methodology proposed and its effects should be done. The use of the support account for other activities that were not those of the Department of Peace-keeping Operations, such as those for the ACABQ and the Department of Administration and Management, would have to be curtailed.

Mr. TAKASU, United Nations Controller, said the Secretary-General had hoped that the Assembly would set up an adequate and predictable level of resources for backstopping functions related to peace-keeping missions. The Secretariat needed predictable resources for the Department of Peace-keeping Operations and the other departments that supported missions. The Department of Peace-keeping Operations needed support administratively, financially and legally. Many staff members were only given short-term contracts. Consequently, the Secretary-General had great difficulty in planning ahead and to inform staff as to whether their contracts would be extended. The Secretariat could not say if the posts would be approved. It did not know what the Fifth Committee would decide come July, either. The deferral of decisions made planning difficult. He expressed the hope that the Committee would be able to make decisions to allow the Secretariat to plan ahead. To meet the need for 370 posts, it would be necessary to draw down the operating reserve. There would be a shortage of resources.

The draft resolution on death and disability benefits for United Nations peace-keepers (document A/C.5/50/L.44) would have the Assembly ask the Secretary-General to examine the possibility of an insurance scheme to cover all troops. He is to base it on a request for proposals from the global insurance market and present its results by 15 July for the Assembly's consideration, through the ACABQ.

According to the text, the Assembly would reiterate its view that any compensation system would be based on equal treatment of Member States, on compensation to a beneficiary being no less than the reimbursement from the

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United Nations and on the simplification administrative arrangements and speedy settlement of claims.

The draft resolution on reimbursement for contingent-owned equipment (document A/C.5/50/L.40) would have the Assembly endorse the proposal for loss and damage to major equipment due to hostile action or forced abandonment as presented in paragraph 11 of the ACABQ's report on the matter. (That paragraph concerns the assumption by the United Nations of total responsibility for loss or damage under the system for leasing contingent- owned equipment. The ACABQ recommends that the draft contribution agreement be amended to include a mechanism for settlement of disputes if questions arise on that issue. Such mechanisms could include the use of mediators and/or arbitrators appointed by the President of the International Court of Justice.)

Also according to the text, the Assembly would decide that the reformed procedures for determining reimbursement for contingent-owned equipment shall be in place as of 1 July 1996 on the basis of the recommendations in the report of the working groups that had examined those issues and on the ACABQ report. (Those recommendations would include proposals for the new lease arrangements for contingent-owned equipment, the Secretariat's preparatory role for conversion to the new system and the draft contributions agreement.) The Assembly would also decide to review the operation of the reformed procedures for determining reimbursement to Member States for contingent owned equipment at its fifty-second session.

By other provisions of the text, the Assembly would decide that the review and report shall pertain to all elements of the reformed procedures and to those elements of the working groups' recommendations which were not specifically endorsed by the Secretary-General in his report. The Assembly would ask the Secretary-General to include in the report comparative data on the differences between the adopted system and other proposals contained in the reports of the Secretary-General and the ACABQ.

The Committee approved the draft text on death and disability benefits and on reforming the procedure for reimbursements for contingent-owned equipment without a vote.

The draft resolution on relocating Ukraine to group c for sharing out peace-keeping costs (document A/C.5/50/L/41) would have the Assembly move Greece from group c to b and apportion its dues based on the proportion determined by the scale of assessments in the following manner: 35 per cent as from 1 July 1996, 55 per cent in 1997, 75 per cent in 1998, 95 per cent in 1999 and 100 per cent in 2000 and beyond. The Assembly would launch Ukraine's transition to group c as long as the dollar cuts in its dues as from 1 July

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1996 will match the additional sums Greece will be charged. It would stress that the decision would not affect other Member States' assessments.

Mr. HO (Singapore) said the draft text, on Ukraine, had merely spelled out the beginning of that country's movement to group c. The text said nothing about when that country would actually be a full-fledged member of that group; that question should be considered further. Pending the final resolution of the matter, Ukraine's dues should be lowered at the equivalent rate as the increase in Greece's assessments. Any shortfalls would be borne by Ukraine.

The Committee approved the draft resolution on Ukraine and Greece without a vote.

Speaking in explanation of position, Mr. GRANT (United States) commended the action of Greece moving to another group that paid more peace-keeping dues. Other countries should be inspired to do the same. He expressed concern at the slow movement of Greece from group c to b, though. The special scale for peace-keeping operations should be overhauled. The cause of the problems of countries such as Ukraine, and earlier for Belarus, was the fact that the scale system for peace-keeping missions was not working properly. Its methods were rigid and it was not easy to amend it to take into account changes in the situations of various countries. "There should be no group c or group b but individual assessments of Member States." The groupings were based on arbitrary criteria and the scale based on them should be revised. If it was not done soon, other States would appeal for similar attention. That would not be a good use of the time of the Committee. The peace-keeping scale was one of the issues before the high-level working group on the financial situation, with several proposals before the group. The United States had made one of the proposals. Bargaining should begin, with the reforms of the scale for peace-keeping missions as a top priority.

IGOR GOUMENNY (Ukraine) expressed his delegation's satisfaction with the draft resolution as "a step in the right direction" and its satisfaction with Greece's decision to move to group b. His delegation hoped that a final solution would be found.

DIONYSIOS KYVETOS (Greece) expressed his delegation's satisfaction for the decision adopted without a vote.

EVGENY DEINEKO (Russian Federation) said that in the past three years, his delegation had consistently pointed out the need to move Ukraine from group b to c. It was very apparent that Ukraine's contributions, both to the regular and the peace-keeping budgets, did not correspond to reality. The action of Greece to help Ukraine was a bold and responsible one. However, that was only a partial resolution of the question. In the case of Belarus,

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an ad hoc decision had been taken. The existing assessments for peace-keeping missions clearly did not correspond to the situation at hand. The system of apportioning costs by group, adopted 20 years ago, was obsolete, as was the method for calculating contributions to the regular budget. The concerns of Mexico and Singapore were shared by the Russian Federation. The method did not reflect real capacities to pay and was unjust.

DENISE ALMAO (New Zealand) welcomed the decision of Greece, taken in direct response to the United Nations's financial crisis and the Secretary- General's appeal. However, it was an exceptional arrangement, the third taken recently. Other countries were heavily penalized. As New Zealand had said six months ago, the Assembly must urgently address the anomalies in the current system; the rates did not reflect countries' real capacities to pay. New Zealand had proposed a package in the high-level working group and urged that reform of the scale be addressed as soon as possible in that forum.

VIJAY GOKHALE (India) welcomed the decision to put Ukraine in group c, which India had always supported. The delay in doing so was noted. The scale for peace-keeping operations should be institutionalized as the "Group of 77" developing countries and China had stated. The matter had no bearing on the discussion going on in the high-level working group on the financial situation.

PRAYONO ATIYANTO (Indonesia) said the scale should be maintained and further institutionalized, as was the view of the Group of 77 and the Non- Aligned Movement.

Ms. PENA (Mexico) associated herself with what India had said on the draft resolution that had been adopted. When would the Committee consider the location of Slovakia and the Czech Republic in the scale? Mexico would like to see them placed somewhere so that they could contribute to the peace- keeping assessments. Any slack would have to be picked up by other Member States. She asked when the issue would be taken up.

Mr. ERICH VILCHEZ ASHER (Nicaragua), Committee Chairman, said consultations would be held and delegates informed on the matter.

Action on Draft on Financing of Missions in Former Yugoslavia

Under the terms of the draft decision on financing peace-keeping and other missions in the former Yugoslavia (document A/C.5/50/L.37), the Assembly would authorize, on an exceptional basis, the Secretary-General to commit $100 million gross ($98.4 million net) for the period 1 January to 31 May for pre- liquidation of UNPROFOR, UNCRO, UNTAES and UNPREDEP.

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By other terms of the draft text, the Assembly would decide, as an ad hoc arrangement, to assess $50 million gross ($49.2 million net) for that period as follows: $14 million gross ($13.8 million net) for UNMIBH; $29.5 million gross ($29 million net) for UNTAES; and $6.5 million gross ($6.4 million net) for UNPREDEP.

It would also decide to review in detail the missions' cost estimates for the period 1 January to 30 June in May.

Mr. ABELIAN (Armenia) introduced draft resolutions on the funding of those missions. He reviewed its contents and asked for its approval without a vote.

The Committee approved the draft on the financing of peace-keeping and other mission in the former Yugoslavia without a vote.

Action on Draft on Conditions of Service

According to the draft decision on the conditions of service full-time members of the ICSC and the ACABQ Chairman (document A/C.5/50/L.43), the Assembly would ask the Secretary-General to fully implement the provisions of paragraphs 3 and 4 of section III of resolution 46/192 of 20 December 1991, on the pensionable remuneration and pensions of those officials. (Those provisions state, inter alia, that the pensionable remuneration of those officials should be adjusted between comprehensive reviews according to the procedure for adjusting the scale of pensionable remuneration of Professional and higher-category staff.)

In an October 1995 report on the matter (document A/C.5/50/12), Secretary-General Boutros Boutros-Ghali states that if resolution 46/192 was applied, and given the projected level of compensation as of 1 January 1996, the corresponding pensionable remuneration for the ICSC and ACABQ Chairmen would be $164,900. He states that additional requirements of $56,000 a year would arise in 1996-1997 should the Assembly approve the draft.

Mr. VILCHEZ ASHER (Nicaragua), Committee Chairman, introduced the draft text.

VICTOR MARRERO (United States) said his delegation was not ready to take a decision on the draft decision that had been circulated. It should be the subject of informal consultations, given the impact of the text. The matter should be postponed to the May session. Proper discussions should be held on it at that time. It would not be considered now without a long battle. Since there had been no consensus, it should be deferred so that the Committee could decide on a date on which to revert to the matter.

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ANA SILVIA RODRIGUEZ ABASCAL (Cuba) said that the text had called for the implementation of a previous resolution of the General Assembly that was, as far as she knew, still in force. She asked why it was necessary to adopt another resolution to ask the Secretariat to implement an existing legislation. Why should there be an attempt to call for the implementation of a resolution that had not been reversed? A decision could be taken as resolution 46/192 had already set out the way in which certain conditions of service could be applied to ICSC members and the ACABQ Chairman.

Mr. ODAGA-JALOMAYO (Uganda) said he would reserve his comment until the Secretariat had answered.

PHILIP OWADE (Kenya) said that, having participated in the debates on the subject, the proposal submitted was the minimum that could receive a consensus. His delegation would like an explanation from the Secretariat on the issue raised by Cuba. He added, "We would be very disappointed if we could not reach an agreement at this stage, when we have reached agreements on much more complicated issues."

ZHANG WANHAI (China) said, "The Chinese delegation does not wish to play badminton with the ACABQ, nor does it wish to join the marathon of the Fifth Committee on that matter."

Mr. ATIYANTO (Indonesia) said his delegation would also very much like to hear the Secretariat's explanation.

Mr. TAKASU, United Nations Controller, said the Secretariat was guided by resolution 46/192, which was very clear. Pensionable remuneration would be adjusted as that for the Professional and higher-category staff. In the absence of a decision to change that resolution, the Secretariat would apply it.

Ms. RODRIGUEZ ABASCAL (Cuba) said she had gathered from the Controller's comment that, since the Secretariat was guided by the previously adopted Assembly resolution 46/192, there was no need to adopt another, and the Secretariat should implement the existing legislation.

Mr. MARRERO (United States) said if that had been the case, why had the Secretariat asked for the action along the lines suggested in the draft before the Committee? What was the purpose of the request for the action that would have been taken under the provisions of the draft text? he asked.

DJAMEL MOKTEFI (Algeria) said that Assembly resolution 46/192 fully applied and that decision should be fully respected.

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Mr. MARRERO (United States) said that his question should be answered before any recess as had been mentioned by the Chairman. Why was the resolution 46/192 not implemented? he asked.

Mr. ODAGA-JALOMAYO (Uganda) said he would reserve his comments until the American question had been answered.

REGINA EMERSON (Portugal) said that there was no point in debating the issue again. "Let's say good night and go home."

Mr. MARRERO (United States) said that the issue of whether there was any authority to expend funds on the implications of the decision should be considered by the Controller in his response.

Mr. ODAGA-JALOMAYO (Uganda) expressed support for Portugal's view. Extensive informal consultations had been held on the issue, costing as much money as might be needed to pay for the pensions being discussed. The Secretariat 's explanation was clear enough to avoid the search for more answers, unless there were other motives. He proposed a motion that no action be taken and that the matter be closed.

Ms. RODRIGUEZ ABASCAL (Cuba) expressed support for the statement by Uganda. Resolution 46/192 was in the books and there was no need to adopt another unless someone would present a text that would contradict it.

ALIOU ZACKARIA TOURE (Mali) expressed support for the statements by Uganda and Cuba.

Mr. MARRERO (United States) said he did not see how any motion could be considered before the information he had sought was provided. He would not support the motion.

Mr. TAKASU, United Nations Controller, said the text before the Committee was not the product of the Secretariat. Assembly resolution 46/192 had said that between comprehensive reviews of the pensionable remuneration of those officials, their adjustments would be similar to those granted Professional and higher-category staff. The arrangements in Assembly resolution 46/192 were in force as they had not been reversed or changed.

Mr. MARRERO (United States) said he was still waiting for the answer to his second question about the draft's financial implications and whether there were funds and authority to expend those funds to pay for the increases the text would bring.

Mr. TAKASU, United Nations Controller, said, "Yes."

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Ms. PENA (Mexico) said, "We are not in a position to take a position, the only thing we can do is postpone this matter and go home."

HISHAM ELZIMAITY (Egypt) said, "If we can agree on Uganda's motion, we can accept it without voting. On the other hand, if we do not agree, then we would have to vote."

Mr. MARRERO (United States) said, perhaps it would be useful to have a recess to allow for further consultations and to find a way to resolve the question.

Mr. ELZIMAITY (Egypt) said his delegation thought that when a delegation presented a motion, a decision would be taken on that motion. The issue, which had been discussed for such a long time, should be resolved.

Ms. EMERSON (Portugal) said a decision should be taken.

Mr. MARRERO (United States) said that a 24-hour rule existed in relation to the introduction of draft resolutions to Committees before action could be taken on them by a vote. The motion was not properly before the Committee, according to the rules of procedure.

Mr. ELZIMAITY (Egypt) said the Committee was not yet voting on the text of any resolution. However, it had to decide on the motion proposed by Uganda.

The Chairman, Mr. VILCHEZ ASHER (Nicaragua), said that action had to be taken on the motion before the Committee.

Mr. MARRERO (United States) said that, under rule 77 of the rules of procedures, the meeting should be suspended. Uganda's proposal for a motion had assumed that there was a proper resolution before the Committee, while there was none actually.

(Rule 77 states that subject to rule 71 -- on points of order -- the motions included below shall have precedence in the following order over all other proposals or motions before the meeting: (a) to suspend the meeting; (b) To adjourn the meeting; (c) To adjourn debate on the item under discussion; (d) To close the debate on the item under discussion.)

The Chairman, Mr. VILCHEZ ASHER (Nicaragua), said that Uganda's motion had precedence over what the United States had said.

Mr. MARRERO (United States) asked, "What is your ruling on rule 77?".

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The Chairman said that action would be taken on Uganda's motion.

The Committee approved the motion by Uganda by a vote of 46 in favour to 1 against (United States); with 1 abstention (Ukraine).

After the adoption of the motion, the Chairman declared the consideration of the question concluded.

Mr. MARRERO (United States) asked whether a quorum had been necessary or present for the vote.

JOSEPH ACAKPO-SATCHIVI, Fifth Committee Secretary, said, "The Committee is the master of its own house". There was no established quorum for votes on procedural motions since the vote had not been on any draft text before the Committee. A quorum was not necessary for procedural motions.

Speaking in explanation of vote, Mr. GOUMENNY (Ukraine) said that draft resolution, on the compensation of the officials, had not been included in Thursday's Journal. That had led to his delegation's decision to abstain.

Mr. ELZIMAITY (Egypt) said that the draft had been included in Thursday's Journal. That was one of the reasons why Egypt supported the motion.

Mr. OWADE (Kenya) said, "It was time to say that the Committee had concluded its work so that we can start preparing for the Easter holidays."

Mr. MARRERO (United States) said the United States reserved its position on the Secretary-General's report on the issue. The financial implications submitted by the Secretary-General had shown that there were no clear sources of funds to pay for the action. So, the action was not final and the United States reserved its position on it.

The Chairman, Mr. VILCHEZ ASHER (Nicaragua), declared the first part of the resumed session closed. The second part would start in May and would last for four weeks.

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