REFORM OF SECRETARIAT'S INTERNAL JUSTICE SYSTEM SEEKS MORE PROFESSIONALISM, GREATER SPEED, SIXTH COMMITTEE TOLD

Press Release
GA/L/3004

REFORM OF SECRETARIAT'S INTERNAL JUSTICE SYSTEM SEEKS MORE PROFESSIONALISM, GREATER SPEED, SIXTH COMMITTEE TOLD

Under-Secretary-General for Administration, Management Outlines Efforts to Simplify System

Efforts to reform the internal justice system of the United Nations Secretariat aim at increasing professionalism, speeding up the administrative process, and reducing the amount of time needed to review appeals, Joseph Connor, Under-Secretary-General for Administration and Management, told the Sixth Committee (Legal) this morning.

Addressing the Committee as it began its consideration of the Secretary- General's reform proposals, he said there had been widespread dissatisfaction with the internal justice system, which was seen as being slow, ponderous and complex. The reforms aimed to simplify that system. Following his statement, the representative of Romania said the proposed new arbitrators should be independent, so as to avoid conflicts of interest.

Mr. Connor then answered questions on the proposed reforms, assisted by Ralph Zacklin, Director and Deputy of the Under-Secretary-General for Legal Affairs. Participating were the representatives of Portugal, France, Germany, Argentina, Austria, New Zealand, Côte d'Ivoire, Ireland, Syria and Mexico.

Also this morning, the Committee continued its consideration of the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. Once again, discussion focused on the effect of Security Council sanctions on third States.

The representative of Ukraine stressed the responsibility of all Member States for the consequences of such sanctions. The representative of Zambia stressed the need for a mechanism of consultations between the donor community and affected third States in order to assess their damages, and for support by the Security Council as well as through bilateral arrangements.

Statements on the Charter Committee report were also made by the representatives of the United States, Egypt, New Zealand, Italy, Iran, Colombia, Australia and the Central African Republic.

The Sixth Committee will meet again at 3 p.m. today to conclude its consideration of the report of the Charter Committee.

Committee Work Programme

The Sixth Committee (Legal) met this morning to conclude its consideration of the report of the Special Committee on the Charter of the United Nations and on Strengthening of the Role of the Organization. It was also to begin its consideration of reform of the internal system of justice in the United Nations Secretariat.

The Committee had before it a report of the Secretary-General containing his proposals for reform of the internal justice system in the United Nations Secretariat (document A/C.5/50/2). In it, he states that the proposed reforms are an integral part of the effort to rationalize the Organization's management and to make it more responsive to the needs of Member States, programme management and staff. They aim at promoting resolution of disputes before they develop into formal litigation; professionalizing the membership of appeals and disciplinary boards; and eliminating hidden costs within the justice system.

In additional to training managers in communication skills and dispute- resolution techniques, the Secretary-General proposes the establishment of ombudsman panels at all major duty stations to deal with disagreements, grievances and discrimination issues raised informally by staff members. Should the Assembly approve the proposal, a coordinator would be appointed to organize, train and guide the panels. The Secretary-General also proposes the appointment of two officers to review administrative decisions at an early stage of the appeals process.

In order to professionalize the justice system, the Secretary-General proposes the appointment of a legal officer to the Panel of Counsel, on which staff members frequently rely for representation, the report states. He also recommends replacement of the Joint Appeals Board, which relies on volunteers, with professional arbitrators recruited from outside to introduce binding arbitration proceedings on an optional basis. The new arbitration board would have a secretariat in New York, headed by a full-time chairperson, and one in Geneva, headed by an alternative chairperson.

The Secretary-General also proposes replacing the cumbersome Joint Disciplinary Committee, which currently advises him on disciplinary matters, with a disciplinary board composed of qualified professionals. It would be set up in New York under the chairmanship of the arbitration board's chairperson, and in Geneva under the alternate chairperson. The other members would be drawn from the staff.

In an addendum to his report (document A/C.5/50/2/Add.1), the Secretary- General transmits the comments of the United Nations Administrative Tribunal and of the Staff Union of the United Nations Secretariat on his proposals. By its resolution 50/290 of 2 August, the General Assembly had invited the Sixth

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Committee, as a matter of priority, to examine the legal implications of the Secretary-General's proposals.

Charter Committee

ROBERT B. ROSENSTOCK (United States) said that the Secretary-General's report on the impact of sanctions on third States had advanced the matter substantially. Several countries had made contributions and channelled assistance to affected third States. In consequence of the sanctions imposed on Iraq, efforts has been made by Member States to address the debt and balance-of-payments problems of such affected States. However, although the matter should continue to receive serious attention, it was important to affirm the centrality of Security Council sanctions.

He said the United States shared the view that publication of the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council was important; those publications should be brought up to date. He said the Trusteeship Council had completed its task and had no future role. Non-essential meetings in the United Nations should also be reduced.

HUSSEIN MUBARAK (Egypt) said adequate means of dealing with the economic consequences of sanctions on third parties had still not been found. Consultations should be held between the Council and third States. Systematic studies should be undertaken to review the effect of sanctions on those countries. Provisions should be made to expeditiously fulfill requests by them for assistance. The human dimension of sanctions could not be overlooked. The "oil-for-food" programme -- created to give humanitarian assistance to the Iraqi people who had been suffering for six years -- was a good example of assistance to those affected by sanctions.

FELICITY JANE WONG (New Zealand) said that until the Charter Committee had a meaningful agenda, there was unlikely to be much interest in its work. She said she doubted that the repertories had any real effect. The question of allocating internal resources to their production should be reconsidered. External resources should be used for that purpose.

ENCYLA TINA SINJELA (Zambia) said it was essential to consider the humanitarian effect of sanctions and their economic impact on third States. Otherwise, there was a risk of coming up with legal solutions that could not be implemented. Zambia continued to experience the past effects of sanctions. "Had there been at that time identifiable resources for alleviating the negative pact of such sanctions on economies, my country would have been in a better position economically today."

She said a mechanism of consultations between affected third States and the donor community should be established assess the damage on affected States, as well as to search for solutions. Those contacts should be

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supplemented with efforts by the Security Council, as well through bilateral arrangements. The international financial institutions should also be involved. "Sanctions should not be imposed without consulting the parties involved."

MAURO POLITI (Italy) said it was essential that international disputes be settled by peaceful means. Italy therefore supported the proposal for establishment of an early dispute-settlement service. His Government also supported Malta's proposal aimed at strengthening the Trusteeship Council's role in maintaining the common heritage of mankind.

YURI BOHAYEVSKY (Ukraine) said it was not enough merely to recognize the problems of affected third States. All Member States should bear responsibility for the implementation and consequences of Security Council sanctions. Steps must be taken to meet their special economic needs through such measures as formalized consultations with the Security Council. A standing committee of the Council should be created to conduct research on the effects of sanctions. A comprehensive and unified methodology for determining and evaluating the economic situation of non-target States was urgently needed.

SEYED HOSSEIN ENAYAT (Iran) said the special economic problems of third States as a result of sanctions must be evaluated. In order to abolish the Trusteeship Council, the United Nations Charter would have to be amended.

CLARA I. VARGAS DE LOSADA (Colombia) said the Secretary-General's report on the effect of Council sanctions on third States represented a procedural but not a substantive improvement on the issue. Further study was needed. Every effort must be made to protect the rights of third States to consult with the Security Council about the effects of sanctions against them.

She went on to say that the Trusteeship Council had fulfilled its mandate and contributed decisively to decolonization. Stressing the importance of the Repertories, she urged that every effort be made to bring them up to date.

MARK GRAY (Australia) expressed serious reservations about establishing a trust fund to provide financial assistance to affected third States, particularly in view of the financial problems facing the United Nations. A practical approach to the problem must be taken. It was better to focus on improving existing practices and procedures rather than establishing new ones. An improved flow of information to affected States at all stages of the process -- from the design of new sanctions regimes to their review -- would help them to address changes in trade flows. The means by which the Secretariat obtained, analyzed and provided information both to and from affected States could also be improved.

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FERNAND POUKRE-KONO (Central African Republic) said preventive measures should be taken to assist third States affected by Security Council sanctions. The Council should take responsibility for such measures. The majority of those States continued to suffer; every effort should be made to correct that situation. He also stressed the importance of the repertories and supported their continued publication.

Reform of Internal Justice System

JOSEPH CONNOR, Under-Secretary-General for Administration and Management, introduced the report of the Secretary-General on reform of the internal system of justice of the United Nations Secretariat. He said there had been widespread dissatisfaction with that system, which was said to be slow, ponderous and complex. It employed 15,000 staff members and received more than 100 appeals a year.

The current reform would professionalize the process of dispute- resolution, he said. It aimed at creating training programmes to emphasize dialogue, the exchange of information, and the reconciliation of differences. An ombudsmen mediation panel would also be established.

The bodies that considered appeals would also be professionalized, he said. Arbitrators would replace the hundreds of volunteers currently working. Volunteers were no longer available in sufficient numbers. The Secretary- General had considered a number of options and decided that arbitration represented the best solution. The arbitrators would be independent and would not be answerable to any constituency. Thus, there would be no conflicts of interest.

DUMITRU MAZILU (Romania) said the time had come for a real reform of the internal system of justice in the Secretariat. The goals of the reform -- promoting the early resolution of disputes and professionalizing the membership of appeal and disciplinary panels -- were fully justified. It was important to develop a management environment that allowed staff members to realize their maximum contribution.

Arbitrators should not be subject to any form of control by staff in the exercise of their functions, he said. Only that guarantee would solve the perennial problem of conflicts of interest. It was also important to maintain the quality of the process and the right to competent counsel. All appellants must have similar representation. The Office of the Coordinator of the Panel of Counsel must be strengthened.

Early resolution of employment disputes was essential to the new management culture within the Secretariat, he said. Professionalizing the internal justice system would guarantee greater efficiency within that system and in the Organization as a whole.

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Discussion

The representative of Portugal asked about the importance of the parties' perception of the arbitrators' independence and also about the administrative tribunal. Mr. Connor said that once the group of arbitrators was formed, a consistent set of rules would be applied.

Ralph Zacklin, Director and Deputy to the Under-Secretary-General of Legal Affairs, said the independence of arbitrators had been given great importance. The staff would be consulted in the process of their selection. It was important that the arbitrators be seen as independent.

Mr. Connor said the arbitrators would be working for 10 weeks in New York and six weeks in Geneva.

The representative of France asked about the origin of the Secretary- General's proposal for settling disputes which, he said, was foreign to the United Nations and most Member States. Mr. Connor said the change had originated with the General Assembly. The question of professionalism was very important to the staff.

The representative of Germany asked about the ombudsman panels. Was there a choice between calling the panel or immediately starting the review process? He also asked for more information regarding the disciplinary board.

Mr. Connor said there would be a choice on when to go to the ombudsman procedure. "We don't have in place a reconciliation process, we have more of a serial process." As to the disciplinary board, its chairman was a professional, but the other members were not. They were permanent officials, and not under the jurisdiction of the Secretary-General.

The representative of Argentina said the reform sought to prevent delays and would replace the current decentralized system. Could a centralized system of two boards really alleviate the delays?

Mr. Connor said the main reason for the delay was that it had not been easy to get panel members. Staff members had not seen that work as enhancing their careers. The proposed centralization aimed at improving the efficiency of the system.

The representative of Austria asked where the staff in Vienna would address their appeals and who would be responsible for travel expenses. Mr. Connor said they would address their appeals to Geneva; the panel would travel to Austria at the United Nations expense.

The representative of New Zealand asked about limits on appeals. Mr. Zacklin said the purpose of the appeals limit was to streamline the process, which was currently overburdened.

The representative of Cote d'Ivoire asked about the legal origins of the

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reform. Mr. Connor said they had evolved from discussions in the Staff Committee. The reforms aimed at developing a system with which everyone would feel comfortable.

The representative of Ireland asked about the appointment of arbitrators. Would the Administrative Tribunal be included in the reform process? Mr. Connor said the Secretary-General had the final word on appointments, but the staff would be consulted. Mr. Zacklin said there was no intention to change the Tribunal.

The representative of Syria asked for clarification on the proposed reforms. Mr. Connor said their main focus was to increase professionalism, speed up the administrative process and reduce the amount of time needed to review appeals. He was anxious to see an ombudsman in place, but that cost must be offset elsewhere in the system.

The representative of Mexico asked about the reasons for not having external legal counsel. Mr. Connor drew attention to the cost of outside lawyers, saying the aim of professionalization had been sought in a more modest manner.

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