FIFTH COMMITTEE RECOMMENDS APPROPRIATING $125.6 MILLION FOR TRIBUNALS FOR FORMER YUGOSLAVIA AND RWANDA FOR 1998

15 December 1997

Press Release
GA/AB/3205

FIFTH COMMITTEE RECOMMENDS APPROPRIATING $125.6 MILLION FOR TRIBUNALS FOR FORMER YUGOSLAVIA AND RWANDA FOR 1998

19971215 $28.2 Million Required if Assembly Adopts Draft Text Concerning Verification Mission in Guatemala

The General Assembly would appropriate some $125.6 million gross for the International Criminal Tribunals for the Former Yugoslavia and for Rwanda for 1998, should it adopt two of the three draft resolutions approved without a vote, this morning, by its Fifth Committee (Administrative and Budgetary).

Of that total, some $68.8 million is for the Yugoslavia Tribunal for the former Yugoslavia, with about $56.7 million for the Rwanda Tribunal. Those amounts would be apportioned among Member States according to a 50/50 formula by which half are assessed along the lines of the United Nations regular budget scale of assessments and the other half by the special scale for peacekeeping operations.

The drafts on the Tribunals were introduced by the representative of Canada.

By other action, the Committee approved a draft resolution on financial statements and reports of the Board of Auditors that would have the Assembly ask the Executive Director of the United Nations Institute for Training and Research (UNITAR) and the United Nations High Commissioner for Refugees to complete the implementation of the Auditors' recommendations.

By the terms of the draft, the Assembly would recommend that the Office of the United Nations High Commissioner for Refugees take immediate steps to improve its contracting policy and ask it to implement established procurement procedures, by, among other measures, acquiring goods and services from the widest geographical basis possible.

Latvia's representative introduced the draft text on financial reports.

Acting without a vote, the Committee approved a text by which the Assembly would take note of relevant parts of the report of the Economic and

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Social Council. They are Chapter I (matters calling for Assembly action); Chapter V, section B (coordination, programme and other questions); and Chapter VII (organizational matters).

Also this morning, the Committee decided by acclamation to recommend the appointment of Victor Yenyi Olungu, of the Democratic Republic of the Congo, to the United Nations Administrative Tribunal for a three-year term of office, beginning 1 January 1998.

On budget implications and revised estimates related to the proposed 1998-1999 budget, the Committee decided to inform the Assembly that an additional appropriation of about $28.2 million would be required, if it adopts draft resolution (document A/52/L.19/Rev.1), to extend the mandate of the United Nations Verification Mission in Guatemala (MINUGUA) through 1998. That decision was proposed by Argentina's representative, who had conducted informal consultation on the question.

The Committee also decided to inform the Assembly that an additional appropriation of $245,200 would be required, should it adopt a draft resolution (document A/C.6/52/L.15 and Corr.1), on the International Law Commission. It deferred action concerning office accommodation at the Palais Wilson in Geneva until its first resumed session.

The Secretary-General's report on United Nations political offices would be considered in informal consultations on the budget.

Explanation of position and statements were made by the representatives of the United States, Pakistan, Belgium (for the European Union), Japan, Cuba, Algeria, Syria, China and Saudi Arabia.

The Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), Conrad Mselle, introduced his Committee's report on the United Nations political offices and commented on the resources proposed for decolonization.

United Nations Controller Jean-Pierre Halbwachs briefed the Committee of the Swiss offer of office accommodation in the Palais Wilson. He said the offer was made partly because the building currently housing some United Nations bodies would be demolished.

The Fifth Committee is scheduled to meet again at 10 a.m., tomorrow, Tuesday, 16 December, to continue discussing questions related to the proposed 1998-1999 budget, particularly the budget implications of draft resolutions on Central America and the International Civilian Mission to Haiti (MICIVIH).

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this morning to take action on three draft resolutions on the financing of the International Criminal Tribunals for Rwanda and for the Former Yugoslavia, as well as on the financial statements and reports of the Board of Auditors. The drafts on the Tribunals would appropriate about $125.6 million gross for 1998.

The Committee is also expected to take up the report of the Economic and Social Council and appointments to the United Nations Administrative Tribunal.

Its debate on questions related to the proposed 1998-1999 budget are expected to continue. Subjects include the costs related to the United Nations Verification Mission in Guatemala (MINUGUA), International Law Commission, office accommodations at Palais Wilson in Geneva and revised estimates of political and peacekeeping offices that help maintain peace and security.

(For background on questions related to the proposed budget, see Press Release GA/AB/3202 of 9 December.)

Financial Statements and Auditors' Reports

The Committee had before it a draft resolution on the financial statements and reports of Auditors (document A/C.5/52/L.12), which would have the General Assembly ask the Executive Director of the United Nations Institute for Training and Research (UNITAR) and the United Nations High Commissioner for Refugees to complete the implementation of the recommendations of the Board of Auditors.

By the terms of the draft, the Assembly would recommend that the Office of the United Nations High Commissioner for Refugees (UNHCR) take immediate steps to improve its contracting policy, prepare more precise terms of reference and establish and maintain an updated central roster. The Office would be asked to fully implement established procurement procedures, by, among others, acquiring goods and services from the widest geographical basis possible.

The Assembly would, by other terms, endorse the request of the Advisory Committee on Administrative and Budgetary Questions (ACABQ) that the UNITAR Executive Director and the High Commissioner for Refugees consult with the Auditors on the implication of submitting biennial instead of annual reports, and report to the Assembly at its next session.

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Financing of Former Yugoslavia Tribunal

The draft resolution on the International Criminal Tribunal for the former Yugoslavia (document A/C.5/52/L.9) would have the Assembly appropriate some $68.8 million gross ($62.3 million net) for the Tribunal for 1998.

The Assembly would take into account an anticipated unencumbered balance of some $10.9 million gross ($10 million net) for 1997 and a surplus fund balance of $5.6 million gross and net in the Tribunal's account, as at 31 December 1995. After subtracting those sums, the remaining $52.4 million ($46.7 million net) would be assessed on Member States. Half of the amount is assessed along the lines of the regular budget scale of assessments for 1998 and the other by the scale for peacekeeping operations.

The draft's other terms would have the Assembly agree that the consideration of Tribunal members' pensions be deferred until the review of the Secretary-General's report on emoluments and pensions at the International Court of Justice, which would be submitted to the Assembly's fifty-third session.

Financing of Rwanda Tribunal

The draft resolution on the Rwanda Tribunal (document A/C.5/52/L.10) would have the Assembly appropriate about $56.7 million gross ($50.9 million net) for the Tribunal for 1998.

The amount would be apportioned among Member States according to the 50/50 formula by which half is assessed along the lines of the regular budget scale of assessments and the other half by the peacekeeping scale. Therefore, some $28.4 million gross ($25.4 million net) would be apportioned according to the 1998 regular budget scale. Another $26.3 million gross ($23.9 million net) would be assessed according to the peacekeeping scale, after taking into account an unencumbered balance of some $2.1 million gross ($1.6 million net) in the account for the United Nations Assistance Missions for Rwanda (UNAMIR).

By other terms of the draft, the Assembly would agree that the consideration of the pensions of members of the Tribunal be deferred also.

Report of Economic and Social Council

The Committee had before it the report of the Economic and Social Council for 1997 (document A/52/3), of which chapters I, V (section B) and VII had been assigned to it by the Assembly. The report's parts are allocated to the Assembly's plenary and Main Committees according to their respective specializations.

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Chapter I contains summaries of matters calling for action by the Assembly. Section B of Chapter V reviews the work done in the Council's general segment on coordination, programme and other questions, while Chapter VII covers the Council's action and proceedings on organizational matters.

Appointment to Administrative Tribunal

A letter from the President of the General Assembly on appointments to the United Nations Administrative Tribunal (document A/C.5/52/29) transmits a letter addressed to the Secretary-General from the Permanent Representative of the Democratic Republic of the Congo, indicating his Government's designation of Victor Yenyi Olungu to replace Belanda Mikuin Leliel as its candidate for the United Nations Administrative Tribunal. Mr. Yenyi Olungu's curriculum vitae is attached to the Permanent Representative's letter.

The President's letter recalls that the Fifth Committee had recommended to the Assembly three candidates for the Administrative Tribunal, including Mr. Mikuin Leliel. In response to the Permanent Representative's letter, which arrived after the Committee's recommendation, the Assembly had postponed its appointments, to enable the Fifth Committee to review the situation.

Revised Estimates for Political and Peacekeeping Offices

The Secretary-General's report on revised estimates related to Security Council action on good offices, peacemaking and preventive diplomacy missions (document A/C.5/52/24) says an additional appropriation of about $9.3 million net would be required under the proposed budget section on peacekeeping and special missions. That sum is necessary because nothing has been provided in the proposed 1998-1999 budget for such missions, which monitor political developments and provide early warning of impending conflicts that threaten international peace and security.

The amount, he says, is meant for the United Nations Office in Burundi ($2.6 million); United Nations Political Office for Somalia ($2.5 million); United Nations Peace-Building Support Office in Liberia ($2.1 million); Office of the Representative of the Secretary-General in Cambodia ($1.4 million); and Office of the Special Envoy of the Secretary-General in Sierra Leone ($827,800).

The amounts would cover staff salaries, mission subsistence allowances, common staff costs, communications and transport operations, according to the Secretary-General.

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Action on Financial Statements and Reports of Auditors

ULDIS BLUKIS (Latvia), who had conducted informal consultations on the draft text on financial statements and reports of the Board of Auditors (document A/C.5/52/L.12), introduced it on behalf of the Committee Chairman and reviewed some of its contents. The draft was the second shortest on the subject since the fortieth Assembly session and should be approved without a vote.

The Committee approved, without a vote, the draft resolution on financial statements and reports of the Board of Auditors.

Speaking after the action, the representative of the United States expressed appreciation for the coordinator of consultations on the item, Latvia's representative. Oversight was a crucial and high priority item for the United States. The draft would help the United Nations achieve more effective oversight.

Action on Financing of International Criminal Tribunals

SAMUEL HANSON (Canada), who had conducted informal consultations on the draft resolutions on the financing of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda (documents A/C.5/52/L.9 and L.10), introduced them on behalf of the Fifth Committee Chairman. Reviewing the drafts, he said they were similar in content and purpose. For both Tribunals, the drafts would have the issue of pensions of their members considered in the next Assembly session. He proposed that both draft resolutions be approved without a vote.

Speaking before action, the representative of Pakistan said he would join consensus on the texts on the understanding that the gratis personnel that were essential for the Tribunals' work would be phased out by the end of 1998 and those who could be let go earlier be allowed to leave according to the provisions of Assembly resolution 51/243, on gratis personnel loaned to the Organization by governments and other entities.

The Committee approved, without a vote, the draft resolutions on the financing of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda.

Speaking after the action, the representative of Belgium, on behalf of the European Union, expressed appreciation for the work of the coordinator. He also commended the way the documents had been presented. It was the first time in the history of the two Tribunals that their budgets had been adopted for an entire year.

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The representative of Japan said he had joined the consensus because he was of the view that the Tribunals should receive the resources they required to carry out their mandates. Worldwide, people were viewing the United Nations and other international organizations severely. The activities of the two Tribunals, including their budgets, should be reviewed with an eye towards strengthening their efficiency, in the near future. He commended Canada's representative for his work as coordinator.

Action on Report of Economic and Social Council

ANWARUL KARIM CHOWDHURY (Bangladesh), Fifth Committee Chairman, proposed that the Fifth Committee recommend to the Assembly that it take note of those chapters of the report of the Economic and Social Council which had been allocated to the Committee.

The Committee approved that proposal without a vote.

Action on Appointment to Administrative Tribunal

Mr. CHOWDHURY, Committee Chairman, then proposed that the Committee recommend, by acclamation, to the General Assembly, the appointment of Victor Yenyi Olungu of the Democratic Republic of the Congo to the United Nations Administrative Tribunal, for a three-year term, beginning 1 January 1998.

The Committee took that action.

Action on Questions Related to Proposed 1998-1999 Budget

CARLOS RIVA (Argentina), who had conducted informal consultations on the budget implications of draft resolution on MINUGUA (document A/52/L.19/Rev/.1), said that consensus had been reached on a draft decision. That draft provided, inter alia, that, should the Assembly adopt draft resolution A/52/L.19/Rev.1, an additional appropriation of some $28.2 million would be required under the section for peacekeeping and special missions of that proposed budget.

Speaking before action, the representative of the United States said her delegation would join the consensus on the draft decision on the understanding that the amount would be accommodated within the revised estimates for the 1998-1999 biennium. Committee members had been informed during consultations that the potential for such an accommodation existed.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, orally presented the draft decision that would inform the Assembly of the following, among other things: "Should the General Assembly decide to adopt draft resolution

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A/52/L.19/Rev.1, an additional appropriation of $28.2 million would be required under section 3 of the proposed budget."

The Committee approved the draft decision without a vote.

Speaking after the action, the representative of Cuba said that while she had supported the draft, she wished to clarify Cuba's position on the item. The text had been the result of a compromise. It did not reflect all the resources that would be needed for the Mission to fulfil its mandate. She was aware that the text had been a political decision in which the time period under consideration for financing had been reduced. Consequently the Mission had not been granted the financial stability it required.

Mr. CHOWDHURY, (Bangladesh) Committee Chairman, read out a proposed text concerning the report of the International Law Commission as follows:

"The Fifth Committee decides to inform the Assembly that should the Assembly decide to adopt draft resolution A/C.6/52/L.15 and Corr.1, an additional appropriation of $245,200 under section 6, Legal affairs, of the proposed programme budget for the biennium 1998-1999 would be required, subject to the guidelines for the use and operation of the contingency fund, adopted by the General Assembly in its resolution 42/211 of 21 December 1987."

The Representative of Belgium said he recalled that the ACABQ had recommended a higher figure, $275,000.

Mr. CHOWDHURY (Bangladesh), Fifth Committee Chairman, said that his understanding had been that the lower figure had been acceptable to all.

The Committee approved the draft decision without a vote.

Statements on Proposed 1998-1999 Budgets

PETER MADDENS (Belgium) said information that would be required from the ACABQ was missing. The reaction of the ACABQ to the letters of the Secretary-General on the Decolonization Unit and related matters of reform was still missing. The Fifth Committee should be informed of the ACABQ views on the developments regarding the creation of the discrete Decolonization Unit and related reforms proposals.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, said the ACABQ would be informed of the Committee member's request for its views.

DJAMEL MOKTEFI (Algeria) said he had not received sufficiently clear and precise explanations he had sought during the Committee's informal

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consultations on office accommodation at Palais Wilson in Geneva. Therefore, the matter should be referred to the Fifth Committee's next resumed session, when it could take decisions on the basis of further information that should be provided.

EVA SILOT BRAVO (Cuba) said she had not received appropriate answers to her questions, and many of the concerns she had expressed required deeper consideration. The most appropriate thing to do would be to defer the matter to the next resumed session.

TAMMAM SULAIMAN (Syria) said the proposal by Algeria and Cuba was proper and the matter should be deferred.

ZHANG WANHAI (China) said that since some of the replies given to Member States had not been sufficiently clear, the question of accommodation at the Palais Wilson should be deferred to the resumed session.

JEAN-PIERRE HALBWACHS, United Nations Controller, said the need for office space in Geneva had arisen due to the fact that certain accommodation currently occupied was in a building that would be demolished soon. That was why the Palais Wilson was offered by the Swiss authorities as an alternative site. As to the question of the period for which the office space would be rent-free, the Swiss authorities had tabled a resolution in their legislature to make the facilities rent-free for life. The Swiss executive branch was confident that the resolution would be adopted in the legislative body. The maintenance fee for the building was reasonable, given the costs of rent in Geneva. The recurrent costs of maintaining the Palais Wilson would be about $900,00 to $1 million, which would come from the budget of the United Nations administration in Geneva.

Mr. MOKTEFI (Algeria) reiterated that his delegation still had not received adequate information to his enquiries. Precise questions had been asked but not answered. What was the status of the agreement between the Swiss authorities and the United Nations, and what were the elements of that agreement? What was the negotiation process? What other bodies might be moved to the Palais? he asked. He also asked for further details on the budgeting process, and referred to the ACABQ's questions about a cost-benefit analysis. He asked for greater rationalization of certain recurrent costs indicated in the report. In light of these outstanding questions, the consideration of the Secretary-General's report should be postponed to the Committee's resumed session.

Ms. SILOT BRAVO (Cuba) said she had listened to the Secretariat's explanations, yet deemed those replies insufficient. A whole gamut of concerns had not yet been dispelled. The specific text of the agreement between the two parties should be reviewed. In light of the Committee's

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concerns, a decision on the matter should not yet be taken. She therefore requested a deferral of the matter, until further details had been provided.

The Committee then agreed to defer the consideration of the question to its first resumed session.

CONRAD S.M. MSELLE, Chairman of the ACABQ, said that the Advisory Committee had examined the Secretary-General's estimates of $9.3 million net for peacekeeping operations and good offices, under section 3, Peacekeeping operations and special missions, of the proposed programme budget for 1998-1999. It recommended that the Assembly appropriate that amount.

Mr. CHOWDHURY (Bangladesh), Fifth Committee Chairman, proposed that the Committee recommend that the Assembly should take note of the Secretary- General's report and the recommendations in paragraph 16 of the ACABQ report. [Note: In that paragraph, the ACABQ recommends, among other things, that the Assembly appropriate an additional $9.3 million under the budget section for peacekeeping and special missions].

SUSAN SHEAROUSE (United States) said the Secretary-General's report on the special political offices should be taken up in the informal consultations being conducted on the budget.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, asked whether the Committee would proceed in that manner.

The Committee agreed to consider the report in informal consultations.

Mr. MSELLE, Chairman of the ACABQ, responded to the question raised earlier in the meeting by Belgium's representative, on the Advisory Committee's views regarding the addendum to the Secretary-General's report on the budgetary implications of United Nations reforms, particularly on the resources meant for decolonization. The ACABQ had previously commented extensively on the resources for the decolonization subprogramme of the medium-term plan for 1998-2001 and requested additional information on the matter. The Secretary-General's addendum (document A/52/303/Add.1) could be seen as an attempt to provide the information sought by the ACABQ.

The Secretary-General had proposed six posts for the decolonization subprogramme, he said. Subsequently, in the addendum to his report on the budgetary and programmatic implications of his reform proposals, he indicated that one post each at the level of Principal Officer (D-1) and at the Professional level (P-3), and two General Service staff would be provided for the Unit. The ACABQ understood that the resources would provide substantive services to the Special Committee; technical serving would be provided by the Department of General Assembly Affairs and Conference Services. The subject

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of the resources for the Unit was presently before the Fifth Committee, which should determine what to do with the Secretary-General's resource proposals.

Statement on Other Matters

AMHED FARID (Saudi Arabia) said two requests for information from the Secretariat had not yet been met. The Secretariat had been asked for information on those employees whose posts had been transferred from the regular budget to the support account. Of those whose posts were to be eliminated, he had asked how many were from developing countries.

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