INVESTIGATORS TO CHECK IMPROVEMENTS AT RWANDA TRIBUNAL IN SEPTEMBER, USG FOR INTERNAL OVERSIGHT TELLS FIFTH COMMITTEE

Press Release
GA/AB/3152

INVESTIGATORS TO CHECK IMPROVEMENTS AT RWANDA TRIBUNAL IN SEPTEMBER, USG FOR INTERNAL OVERSIGHT TELLS FIFTH COMMITTEE

The Office of Internal Oversight Services would send auditors and investigators to Arusha and Kigali in September to check improvements in operations and efforts to address management errors in the International Criminal Tribunal for Rwanda, the Fifth Committee (Administrative and Budgetary) was told this morning.

Presenting his Office's reports on the Tribunals for Rwanda and the former Yugoslavia and on the United Nations Postal Administration, Under- Secretary-General for Internal Oversight Services Karl Theodor Paschke said that some of the major problems found in the Rwanda Tribunal had been addressed and remedial action taken in a number of areas.

On the former Yugoslavia Tribunal, he said his Office had recommended cuts of at least $6 million from its 1997 budget. The content of the former Yugoslavia Tribunal report differed from the one on Rwanda because it had been inspired by Member States' concerns about the steep increase in its resource requests, rather than allegations of irregularities and mismanagement.

Saudi Arabia's representative said the unreliable financial records in the Rwanda Tribunal were a matter of concern. On the Postal Administration, he asked the Secretariat to report on the cost-sharing for space between the United Nations and the Postal Administration.

Also this morning, the Committee concluded its debate on the financing of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) and the United Nations Preventive Deployment Force (UNPREDEP), without statements being made.

The Committee is scheduled to meet again at 10 a.m., on Monday, 2 June, to continue discussing the financing of the two International Criminal Tribunals.

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this morning to continue discussing the financing of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) and the United Nations Preventive Deployment Force (UNPREDEP). It was also scheduled to take up the funding of the International Criminal Tribunals for Rwanda and for the former Yugoslavia and the review of United Nations efficiency, under which it is expected to examine a report of the Office of Internal Oversight Services on the United Nations Postal Administration.

Financing of UNMIBH

In a 5 May report on the financing of UNMIBH (document A/51/519/Add.4), the Secretary-General submits a revised budget of about $178.5 million gross ($169.9 million net) for the 12-month period from 1 July 1997 to 30 June 1998. He asks for the sum to be assessed at a monthly rate of $14.9 million gross ($14.1 million net), subject to extensions of UNMIBH's mandate beyond 21 December.

The new report incorporates additional requirements of about $12.9 million gross ($12.4 million net) resulting from Security Council resolution 1103 (1997) of 31 March, which authorized an increase in the strength of UNMIBH by 186 civilian police for the International Police Task Force (IPTF) in Brcko.

In earlier reports, the Secretary-General had proposed a budget of about $165.6 million gross ($157.5 million net) for the mission.

In the UNMIBH-related section of its two-part report on the financing of UNMIBH and UNPREDEP (document A/51/910), the Advisory Committee on Administrative and Budgetary Questions (ACABQ) recommends that the Assembly appropriate some $172 million gross (including $159 million gross previously recommended by the ACABQ) and assess it at a monthly rate of $14.3 million gross.

Financing of UNPREDEP

In a report on the financing of UNPREDEP (document A/51/508/Add.3), the Secretary-General submits revised estimates of some $49.5 million gross ($47.9 million net) to reflect a Security Council decision to suspend the reduction of UNPREDEP's military strength of 1,050 troops. He asks for the amount to be assessed at a monthly rate of some $4.1 million gross ($4 million net). The revised budget would pay for 35 military observers, 1,050 troops, 26 civilian police, 76 international staff and 127 local staff.

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The revision takes into account developments and the resulting lawlessness in Albania which showed the fragility of stability in the Balkans, according to the Secretary-General. Although there is no imminent danger of Albania's problems spilling into the former Yugoslav Republic of Macedonia, they were causing anxiety there.

In the UNPREDEP-related portion of its consolidated report on UNMIBH and UNPREDEP (document A/51/910), the ACABQ recommends that the Assembly appropriate $44.6 million gross for the mission and assess it at a monthly rate of $4.1 million gross for the period from 1 July to 31 October. From November until 30 June 1998, assessment should be at a monthly rate of $3.5 million gross.

Financing of Former Yugoslavia Tribunal

A note by the Secretary-General transmits a report from the Office of Internal Oversight Services on its review of the 1997 resource requirements for the International Tribunal for the Former Yugoslavia (document A/51/824), which concludes that at least $6 million could be saved as it was related to 39 unsubstantiated post requests and non-essential expenditures. A proposal to build and outfit a second courtroom for $5.5 million had not been compared with less expensive options. Further cuts could be made by outsourcing, cost- sharing and by pooling administrative functions. In a previous report, the Secretary-General had sought $53.5 million net ($58.9 million gross) for 1997, reflecting an increase of some $18.1 million and 36 posts over 1996's $35.4 million net and 337 posts, respectively.

The Hague-based Tribunal consists of the following: the Chambers, comprising two Trial Chambers and an Appeals Chamber; the Office of the Prosecutor; and the Registry, servicing both the Chambers and the Office of the Prosecutor.

The Oversight Office recommends a re-examination of spending projections for travel, rent and electronic data-processing equipment. A thorough cost/benefit comparison of the building of an extra courtroom with other alternatives should be undertaken before funds are approved for the project. Management should establish benchmarks for investigations and an institutionalized assignment tracking system. Less costly staffing arrangements in the field should be explored. The roles of some posts and seconded personnel in both the Office of the Prosecutor and the Registry should be more clearly defined to avoid duplication.

According to the report, the recommendations follow an Oversight Office evaluation of the Tribunal's detailed budget proposal for 1997 the Registrar submitted to the Secretariat, which is different from the Secretary-General's report on the financing of the body. The Registrar proposed a budget of some $68.7 million, reflecting an increase of about $33.3 million (93.9 per cent)

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and 197 posts over 1996 levels. The review, conducted between September and December 1996, looked at the Tribunal's Chambers, Office of the Prosecutor, Registry, field offices and the documentation of the status of cases.

Commenting on the Prosecutor's Office, the report states that it was requesting 98 new posts -- 90 in the Investigation Section. As of 31 October 1996, 35 seconded personnel were part of the Prosecutor's Office, with 33 of them in the same Section. Since the Prosecutor's Office is still in the "test-case" phase of existence, it is not yet possible to estimate the amount of evidence needed for a conviction. Therefore, its management should consider establishing benchmarks for "model" Tribunal investigations, such as quantity of investigative work-months per case-type, probable number of interviews and witnesses required and frequency of missions per case. That would help it plan its work and resource needs. Currently, there are no clear benchmarks for determining the staffing level for an office assigned to investigate and prosecute crimes against humanity. Since the Tribunal lacks qualified investigators, requests for more of them can be justified. But the Oversight Office expressed reservations on the establishment of 24 new posts for the Strategy Team of the Prosecutor's Office.

On the issue of seconded staff, the Oversight Office says it saw no plan on how they would be replaced with regular personnel. For example, the Legal Coordinator, who directs the legal approach of the Investigation and Prosecution Sections, was a secondee. However, no related post seems to have been requested in the 1997 budget even though such a function should be filled by a United Nations employee.

Regarding the Registry's plan to build a second courtroom, the Oversight Office says the option of running dual Chambers sessions in the existing courtroom was not sufficiently explored and a detailed cost/benefit comparison of the two options was not prepared. Original projections for renting the Aegon building could be reduced by a further $1.1 million upon the confirmation of a sub-tenant agreement to lease out some space.

Commenting on the Registry's equipment needs, the Oversight Office says that measures to improve the system used in transmitting and recording courtroom proceedings are nearly 20 times more costly than the current arrangement. The budget proposes to buy six Betacam recorders for about $80,000 each. Since the tapes required for the recorders cost some $135 each, annual consumption of 3,000 tapes will cost approximately $403,000. Less expensive alternatives should be considered.

The report includes some responses from the Tribunal's management. For instance, the Deputy Prosecutor defends the request by the Prosecutor's Office for 98 new posts. The Prosecutor's Office also agreed that support functions could be streamlined and secretarial resources pooled.

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Financing of Rwanda Tribunal

A note by the Secretary-General (document A/51/789) transmits a report, conveyed to him by the Under-Secretary-General for Internal Oversight Services, on the audit and investigation of the International Criminal Tribunal for Rwanda which was conducted in response to a request by the Assembly and following complaints received from staff members and Member States.

The report of the Office of Internal Oversight Services states that in reviews of the records of the Tribunal and interviews of present and former staff members, both United Nations-assigned and seconded, the Oversight Office became aware of serious operational deficiencies in the management of the Tribunal. Such deficiencies have developed virtually from its inception and continued through November 1996 when the Office conducted this review at Kigali, Arusha and at United Nations Headquarters.

According to the report, in the Tribunal's Registry not a single administrative area functioned effectively: finance had no accounting system and could not produce allotment reports, so that neither the Registry nor United Nations Headquarters had budget expenditure information; lines of authority were not clearly defined; internal controls were weak in all sections; personnel in key positions did not have the required qualifications; there was no property management system; procurement actions largely deviated from United Nations procedures; United Nations rules and regulations were widely disregarded; the Kigali office did not get the administrative support needed; and construction work for the second courtroom had not even started.

The Office of the Prosecutor in Kigali had administrative, leadership and operational problems. Functions were hampered by lack of experienced staff as well as lack of vehicles, computers and other office equipment and supplies. Lawyer posts were vacant and, of the almost 80 investigator posts, only 30 had been filled. Prosecution strategy deficiencies were noted. The witness-related programmes had not been fully developed.

The relationship between the Registry and the Office of the Prosecutor was often characterized by tension rather than cooperation. The Registrar has asserted that his function as Chief Administrative Officer of the Tribunal gave him ultimate authority for all matters having administrative or financial implications.

The effective establishment of the Tribunal had been affected by the short-term funding arrangements, by the geographical separation of the Prosecutor's Office from the other organs of the Tribunal and by the lack of adequate infrastructure at both Arusha and Kigali.

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Those difficulties were exacerbated by the recruitment of inexperienced or otherwise unqualified staff, decisions for which both the Registrar and the Secretariat bear responsibility, the report states. The Oversight Office acknowledges that the less than attractive financial conditions at Arusha and Kigali did not facilitate the recruitment of qualified staff. The Secretariat also failed to provide adequate short-term support by assigning qualified staff members temporarily to the Tribunal especially during the critical start-up phase.

Senior personnel in the Department of Administration and Management and in the Office of Legal Affairs advised the Internal Oversight Services Office that they did not bear responsibility for the effectiveness or functionality of the Tribunal beyond very limited specifically assigned tasks. The Internal Oversight Services Office believes that this was a misperception, or at least an over-interpretation of the Security Council's request that the Tribunal be established as an independent body. The Oversight Office recalls that the Security Council, in its resolution 955 (1994), requested the Secretary-General to make practical arrangements for the effective functioning of the Tribunal. Those practical arrangements require much more than the formal establishment of the Tribunal and the appointment of its Registrar.

According to the report, when the Organization assumed responsibility for the Tribunal, it assumed responsibility for its effective operation. As stated by the Security Council in resolution 955 (1994), the United Nations has not only expressed grave concern at the reports indicating that genocide and other systematic, widespread and flagrant violations of international humanitarian law have been committed in Rwanda, but has determined to put an end to such crimes and to take effective measures to bring to justice the persons who are responsible for them. If those words are to have meaning, if the United Nations means to keep its promises to the Rwandan victims of genocide and other systematic violations of law, then the Secretariat must assist the Secretary-General in his task of ensuring that the body established to bring to justice the persons responsible for such grievous crimes becomes fully functional.

Oversight Report on Postal Administration

A note by the Secretary-General transmits a report from the Oversight Office on the audit of the United Nations Postal Administration (document A/51/897), which recommends that appropriate action be taken to improve its internal control systems. The Office also recommends that budgeting controls over operations be strengthened and financial targets made more realistic. In the face of declining revenues, the reduction of expenses should remain a top priority. External marketing experts could be asked to help management formulate better marketing strategies.

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The Postal Administration should undertake an independent evaluation of current and alternative modes of fulfilling its mandate more efficiently, the Office continues. Alternative methods of delivery should include arrangements for outsourcing some of its operations. The United Nations Postal Administration was established by the General Assembly in 1950 to publicize the work of the United Nations and its specialized agencies, while generating revenue by selling specially designed stamps and contributing the profit to the United Nations.

However, the Postal Administration lost $2.2 million in 1994 to 1995, leading to the depletion of 94 per cent of its reserve fund, according to the Oversight Office. During that period, gross sales were $27.2 million, below those of the previous biennium of $33.2 million and below the target of $36.3 million. The trend was reversed in 1996, when it realized a $1.5 million profit after cutting nearly one-third of its expenses.

Statements

KARL THEODOR PASCHKE, Under-Secretary-General for Internal Oversight Services, said that the contents of the report on Rwanda described the situation in October and November 1996. While it had not confirmed allegations of corruption such as nepotism, racism and misuse of funds by managers, it disclosed management errors and serious shortcomings in almost all areas of the Tribunal. Since last year, some of the major problems had been addressed and remedial actions taken in many areas. But many problems disclosed by the Oversight Office could have been avoided had the Tribunal's management adhered to rules and regulations, maintained separate authority of its various organs such as the Registry and the Office of the Prosecutor and developed transparent mechanisms for resolving disputes.

He said he had since received reports of improvements in the Tribunal's operations and a team of auditors and investigators would go to Arusha and Kigali in September to check the progress being made there.

Turning to the former Yugoslavia Tribunal, he said the report on that panel had been written with a different structure and content because the backgrounds to the two reports were different. While Member States had been alerted to allegations of irregularities, waste and mismanagement regarding the Rwanda Tribunal, none had been made on the former Yugoslavia Tribunal. But some Member States had raised concerns about the steep increase in the resources it sought for 1997. That became the focus of the review of that Tribunal, with the aim of identifying potential savings.

The Office of Internal Oversight Services had recommended savings of at least $6 million and 39 posts from the Tribunal's original proposal of $69 million for 1997, he said. Based on such recommendations, the Secretary- General had already reduced the Tribunal's budget to nearly $50 million and

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the number of additional posts from 197 to 50. While the Tribunal needed adequate resources to cope with the expected increased caseload, its use of resources could be made more efficient.

AHMED FARID (Saudi Arabia) said the unreliable financial records and reports with respect to the Rwanda Tribunal were a matter of concern. However, he was pleased to note that the Tribunal management had been receptive to recommendations of the Office of Internal Oversight Services.

Mr. PASCHKE then introduced the Oversight Office report on the United Nations Postal Administration. Since its inception in 1950, it had been the major contributor of commercial revenue to the United Nations. However, in recent years, it was not meeting its financial targets, and during the biennium 1994-1995, it had suffered a loss of $2.2 million. The decline in the stamps market, the high cost of personnel and ineffective marketing strategies represented a threat to the Postal Administration's long-term financial success.

He said that more economical ways should be found for fulfilling the office's mandate. Outsourcing of its distribution operation should be examined. To ensure that strategic decisions were based on accurate information, the full cost of operating it should be disclosed. Its internal control systems must be strengthened.

Mr. FARID (Saudi Arabia) said he supported the recommendations of the Office concerning the Postal Administration. In the interest of having full and adequate financial disclosure, the Secretariat should report on cost- sharing for space between the Postal Administration and the United Nations.

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