FIFTH COMMITTEE CONCLUDES DISCUSSION OF INTERNATIONAL TRIBUNALS FOR FORMER YUGOSLAVIA AND RWANDA

4 June 1997

Press Release
GA/AB/3154

FIFTH COMMITTEE CONCLUDES DISCUSSION OF INTERNATIONAL TRIBUNALS FOR FORMER YUGOSLAVIA AND RWANDA

19970604 Takes Action on Human Resources; Postpones Consideration of UNAVEM, ONUMOZ

The Secretary-General should present budgets covering all resource requirements to implement the mandated activities of the International Tribunals for the former Yugoslavia and Rwanda, the Fifth Committee (Administrative and Budgetary) was told this morning as it concluded discussing the Tribunals' financing.

Speaking on the matter, the representative of the Netherlands, on behalf of the European Union and associated States, said it was unacceptable that deficiencies in the budgetary process for the former Yugoslavia Tribunal should further delay the proper implementation of its work. In the case of the Rwanda Tribunal, the Union appreciated the corrective actions taken by the Secretary-General to improve its management. However, periodic follow-up inspections were required, as well as the fullest and speediest disclosures of the findings and the measures taken by the Tribunal and the Secretary-General.

The representative of Romania supported the statement of the European Union on the Tribunals.

Also making statements on other matters were the representative of the Netherlands, on his delegation's behalf, Pakistan, United States, United Republic of Tanzania, on behalf of the "Group of 77" developing countries and China, Portugal and Syria.

In addition this morning, the Committee, by approving an oral decision, took note of an update by the Assistant Secretary-General for Human Resources Management, Denis Halliday, on the status of 37 staff members who had been placed on a redeployment list late last year.

In other action, the Committee agreed to postpone considering the financing of the United Nations Angola Verification Mission (UNAVEM III) and of the United Nations Operation in Mozambique (ONUMOZ) to the third part of its resumed session, in September.

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The Director, Financing Peace-keeping Division, of the Department of Administration and Management, Leon Hosang, made a statement on the financing of United Nations Angola Verification Mission (UNAVEM III).

The Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), C.S.M. Mselle, explained that his Committee had not taken up the Secretary-General's report on ONUMOZ because of the intensity of that body's work.

The Committee is expected to meet again tomorrow, at a time to be announced in the Journal.

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this morning to continue discussing the financing of the International Tribunals for the former Yugoslavia and Rwanda. (For details of reports on the Tribunals, see Press Release GA/AB/3153 of 2 June.)

Under human resources management, the Committee was also scheduled to consider a conference room paper on the status of redeployed staff members whom the Secretariat had intended to separate from the Organization in 1996 -- action which was stopped by General Assembly resolution 51/226.

The conference room paper (document A/C.5/51/CRP.7 of 12 May) states that, as had been reported on 17 March by the Secretariat, out of the 37 staff members in need of redeployment, nine (five in the Professional category and four in the General Service category) had been transferred or reassigned to established positions. In April, as a result of continued efforts by management, 15 more staff members (11 in the Professional and four in the General Service categories) have been suitably placed in areas where their skills could be put to good use. One General Service staff member has taken agreed termination

Consequently, as of May, there remain 12 staff members (six in the Professional and six in the General Service categories) who are currently placed in various temporary functions. The Secretariat is committed to pursue all necessary efforts to transfer or reassign those 12 staff members to established positions upon completion of their temporary assignments or subsequent temporary assignments. That completes the placement arrangements for the 37 deployees reported to the Assembly's fifty-first session in need of such placement, the paper states.

The conference room paper states further that the 37 staff members identified for redeployment in 1996 were occupying posts funded through regular and extrabudgetary resources. A table with detailed information on the placement of the redeployed staff members is annexed to the paper.

Statements on UNAVEM and ONUMOZ

CONRAD MSELLE, Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), explained why the ACABQ had not taken up the Secretary-General's report on the financing of the United Nations Operation in Mozambique (ONUMOZ) (document A/51/807), which had only been issued in mid-March.

Between then and 27 March, the ACABQ had held 11 meetings during which it had taken up the Secretary-General's reports on 15 peace-keeping operations and on the United Nations Centre for Human Settlements (Habitat), he said.

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Due to the intensity of its work, it had not been able to take up the report on ONUMOZ before adjourning on 27 March. It had given priority to active peace-keeping operations which required decisions and appropriations from the Fifth Committee. On resuming in early May, the ACABQ had reviewed reports on the World Food Programme (WFP), the support account for peace-keeping operations, the International Criminal Tribunals, the question of gratis personnel, the United Nations Preventive Deployment Force (UNPREDEP) and the United Nations Mission in Bosnia and Herzegovina (UNMIBH). It had also begun discussing the 1998-1999 United Nations regular budget.

Therefore, the ACABQ would take up the financing of ONUMOZ in September, he said.

LEON HOSANG, Director of Peace-keeping Financing Division, Department of Administration and Management, explained why the Secretary-General's report on the United Nations Angola Verification Mission (UNAVEM III) had not been submitted. When the Mission's mandate ended this month, the Security Council might decide on another mission or configuration on the basis of a report from the Secretary-General. Since the mandate had not yet been decided upon by the Council, the Secretariat could not submit requirements.

The Committee then decided to postpone consideration of the financing of UNAVEM and ONUMOZ to its resumed session in September.

Statements on International Tribunals

PAUL MENKVELD (Netherlands), speaking on behalf of the European Union and Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia and Norway, expressed concern about the late issuance of the Secretary-General's reports containing the revised 1997 resource requirements of the International Tribunals. He noted that deadlines for reporting had not been met -- which had affected the Fifth Committee's decision-making on the Tribunals' financial requirements for the first half of 1997. It should have been possible for the Secretary-General to issue the revised 1997 budgets before the start of the second part of the Committee's resumed session (May/June).

He also expressed regret that the reports on the Tribunals had not been accompanied by performance reports. The information supplied in the annexes of the Secretary-General's reports did not address the ACABQ's recommendation that the Secretary-General prepare comprehensive performance reports for 1996. He asked the Secretariat to inform the Committee why, for the former Yugoslavia Tribunal, it had chosen not to comply with that recommendation and failed to report on the follow-up action.

Stressing that the budgets for the Tribunals were not full-cost budgets, he said the Secretary-General should present budgets covering all resource

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requirements to implement the mandated activities. That concern related also to newly established posts for the Tribunal. On another issue, he stressed the need for appropriate security and protection arrangements and sufficient funding for security personnel of the Tribunals.

On the Tribunal on the former Yugoslavia, he said the findings and recommendations of the report of the Office of Internal Oversight Services on the 1997 resources would be a useful input to determining the Tribunal's future resource requirements. Noting that the Under-Secretary-General for Internal Oversight Services had expressed concern that the Secretary-General's report had not specifically addressed some of his Office's recommendations on the Tribunal, he asked for clarification from the Secretary-General on a number of issues related to his report -- specifically what he wished the Assembly to address.

He went on to say that the European Union would have preferred, in the context of budgetary discipline and efficient utilization of resources, not to have received proposals which relied on voluntary contributions, including gratis personnel, to fulfil mandated activities. It was the Secretary- General's responsibility and that of the Assembly to request and approve, respectively, the required resources and staffing tables to ensure that the Tribunals fulfilled their important tasks -- on the basis of regularly approved budgets. It was unacceptable that deficiencies in the budgetary process should further delay the proper implementation of the Tribunal's work. The European Union agreed with the remarks of the ACABQ on the difficulties in evaluating the requests for resources for the Tribunal and the opinion of the Committee that requests for the new posts and other resources should always be fully justified and explained. Any support cost charge should be properly justified and be applicable only to those voluntary contributions, including gratis personnel fulfilling supplementary activities.

Regarding the Rwanda Tribunal, he said the report of the Oversight Office should have addressed the 1997 resources requirements of that Tribunal. Since many of the problems highlighted by the Oversight Office were within the Secretary-General's purview, he welcomed the Secretary-General's establishment of a focal point for liaison between the Secretariat and the Tribunal. Cooperation between the two entities should be matched by the sharing of experiences between the two Tribunals. Problems such as short-term funding arrangements, the geographical separation between the Prosecutor's Office and the lack of infrastructure could have been avoided had the Registry and Office of the Prosecutor been staffed properly. The European Union appreciated the corrective actions taken by the Secretary-General because persons with proven managerial records were required.

The return of Oversight Office auditors and inspectors to Rwanda in September was absolutely necessary, he said, because the Tribunal was not yet functioning properly in the administrative and related areas. Periodic

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follow-up inspections were required, as well as the fullest and speediest disclosures of the findings and the measures taken by the Tribunal and the Secretary-General. The results of the September inspection should be made available to the General Assembly when it considered the Tribunal's 1998 budget in November. Regarding the 1997 budget, he said that the Secretary- General had stated that new posts would be required to provide security for the Investigations Teams. The Union recalled that it had stressed, on 9 May, the need to provide necessary resources to ensure the protection of the Tribunal's personnel. Furthermore, the matter of the conditions of service of staff should be reviewed.

EUGEN MIHUT (Romania) said he supported the statement made by the representative of the Netherlands on behalf of the European Union.

Action on Human Resources Management

DENIS HALLIDAY, Assistant Secretary-General for Human Resources Management, introduced the conference room paper on the status of redeployed staff in the Organization.

The Committee Acting Chairman, KLAUS-DIETER STEIN (Germany), orally proposed a draft decision, by which the Assembly would take note of the information in the paper.

The Committee approved the draft decision.

Other Matters

Mr. MENKVELD (Netherlands) asked questions regarding the consultations on the issue of reimbursement for contingent-owned equipment. On 20 May, the Secretariat had been asked to clarify aspects of determining reimbursement for contingent-owned equipment and of transitional arrangements. His question was about how payments were made for inland transportation costs and for extreme environment and intensified operational use of such equipment. He appreciated the answer of the Secretariat's representative, who had asked for further clarifications of the methodology of determining reimbursement.

In informal consultations, he continued, the Netherlands had proposed language to clarify General Assembly resolution 50/222 on the reform of procedures for determining reimbursement for contingent-owned equipment. The proposal had been based on the fact that inland transportation to the point of disembarkation was not normally reimbursed under the old methodology for reimbursements. Also such costs had been reimbursed in only exceptional cases -- two. Under the new method, the United Nations should reimburse inland transportation costs up to the national ports of embarkation.

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His proposal, he said, also took into account the fact that under the transitional arrangement, the new methodology -- which reimbursed costs of up to national ports or ports of embarkation -- was applicable as from 1 July 1996. For missions started before then, Member States could accept reimbursement under either the new or the old methodologies. Therefore, Member States must choose reimbursements under one of the two methodologies and not a combination of the old and claim reimbursement for inland transportation costs to national ports of embarkations, except in exceptional circumstances. The proposal could not acquire consensus as one delegation opposed it.

Further consideration of the inland transportation issue, he continued, would be facilitated when the Secretariat answered some assumptions and questions. He asked whether the Secretary-General could confirm whether the old methodology did not normally provide for reimbursements of inland transportation costs. He should also inform the Committee on the instances when the Secretariat had paid such reimbursements, to which Member States, how many times and the amounts paid. The Secretariat should confirm that under the transitional arrangements, when Member States opted for reimbursement under the old methodology for the periods prior to 1 July 1996, claims for inland transportation to the points of embarkation would not normally be accepted by the Secretariat.

AMJAD SIAL (Pakistan) said the Secretariat's previous response on the issue of reimbursements of inland transportation costs was not clear. So it should submit written replies to the questions posed today by the Netherlands' representative.

LINDA SHENWICK (United States) said she had noted the comments of the ACABQ on ONUMOZ and found them unpersuasive. The ACABQ should have been able to accomplish more and there seemed to be an agenda manipulation by the ACABQ secretariat. The only difference between the Mozambique mission and the other peace-keeping operations was the fact that reimbursements were due to some Member States from the mission. Since she did not accept the answers by the ACABQ Chairman, she would propose language that would allow the Fifth Committee to deal with the Secretary-General's report whether or not they were accompanied by those of the ACABQ.

MUHAMMAD YUSSUF (United Republic of Tanzania), speaking for the "Group of 77" developing countries and China, asked whether the Committee would hold a formal meeting tomorrow to enable his delegation to submit a draft text on the financing of the United Nations Interim Force in Lebanon (UNIFIL).

Ms. SHENWICK (United States) said the subject of UNIFIL was still being negotiated in the Committee's informal consultations, which were working towards a consensus text.

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REGINA EMERSON (Portugal), the coordinator of informal consultations on UNIFIL, said a draft text was being negotiated, with the hope of reaching a consensus. But, it seemed to her that some delegations were going ahead to present separate texts, which might mean informal negotiations had failed. Member States should say what they expected her to do as coordinator of the informal consultations.

She added that the time-honoured Fifth Committee practice was that delegations submitted their separate draft texts only when they could not join a consensus on the Committee's Chairman's proposed texts. She wanted for the intentions of the delegations seeking to introduce a new text.

Ms. SHENWICK (United States) expressed support for the statement by Portugal's representative. She said she understood how the numbers would stack up when matters were taken to a vote. But Fifth Committee members usually tried to avoid such a development. The threat of voting should be avoided since, like the Group of 77 and others, the United States, too, had ways of exerting pressure. The Committee should try to work for a consensus text on UNIFIL.

TAMMAM SULAIMAN (Syria) said each State of group of States had the right to submit draft resolutions when a consensus had failed to emerge on a text. While it was natural for the representative of Portugal to announce developments in the Committee's consultations, he did not accept the way the United States' representative had spoken. Her mention of the use of pressure was inappropriate. The statement by the representative of the United Republic of Tanzania should not be seen as a pressure tactic. Draft resolutions could be voted upon by the Fifth Committee, as in other Committees.

Mr. YUSSUF (United Republic of Tanzania), speaking on behalf of the Group of 77 and China, said he recognized the tremendous efforts of the coordinator of the consultations on the item. The Group had always negotiated in good faith but due to time constraints Member States felt it was necessary to have a formal meeting. In the event that negotiations failed, the Group had the option of tabling a draft resolution on the matter. He did not agree with the United States' delegate that by exercising that option the Group was attempting to put pressure on other members of the Committee. The main issue was the time constraint which had influenced the Group's request for a formal meeting tomorrow.

Mr. STEIN (Germany), Acting Chairman of the Committee, said, as requested, there would be a formal meeting. However, he noted that the representative of Portugal was still entrusted with the task of continuing negotiations on the item until an agreement was reached.

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