In progress at UNHQ

GA/AB/3207

INTRODUCTION OF PERFORMANCE AWARD SYSTEM FOR UN STAFF APPROVED BY FIFTH COMMITTEE

17 December 1997


Press Release
GA/AB/3207


INTRODUCTION OF PERFORMANCE AWARD SYSTEM FOR UN STAFF APPROVED BY FIFTH COMMITTEE

19971217 $7.9 Million Needed if Assembly Adopts Draft Resolutions on Haiti and Central America

The General Assembly would approve the introduction of a performance award system for United Nations staff and urge Secretary-General Kofi Annan to adopt a step-by-step approach to the introduction of that system, by the terms of a draft resolution approved without a vote by the Fifth Committee (Administrative and Budgetary) this morning. The action was taken as the Committee considered human resources management.

By other terms of the draft, the Secretary-General would also be asked to submit policy proposals to deal effectively with underperformance, to the next Assembly session. His actions are to take into account the comments and recommendations of the International Civil Service Commission (ICSC).

Also, the draft would have the Assembly approve the Secretary-General's recommendations to allow staff to use uncertified sick leave of up to seven days to attend to family-related emergencies, or for paternity leave. Partial conversion of maternity to paternity leave would be authorized in dual career families where both spouses work for the Secretariat. Special leave without pay would be permitted for up to two years, with the possibility of an extension for another two, after the birth of a child, with guarantees of reabsorption.

The five-part draft, which also concerns performance appraisal and the implementation of General Assembly resolution 51/226, on recruitment, was introduced by the Committee's Vice-Chairman, Nazareth Incera (Costa Rica).

Also this morning, the Committee decided to inform the Assembly that additional sums of about $7.9 million net would be required for the United Nations component of the International Civilian Mission to Haiti (MICIVIH) and for the Organization's activities in Central America, should the Assembly adopt two draft resolutions now before it.

The amounts would be considered in the context of the proposed 1998-1999 appropriations, the Committee decided, as it deliberated on questions related to the budget. Of the requirements, some $7.7 million would pay for the extension of the mandate of the United Nations component of MICIVIH, from .

Fifth Committee - 1a - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

1 January to 31 December 1998, while $173,800 would be directed towards establishing lasting peace in Central America.

Action on a draft resolution on financial and temporal limitations to third-party liabilities of the United Nations was deferred to the Assembly's second resumed session scheduled for May to June 1998. The Committee also postponed a decision on the budgetary implications of a draft resolution on the situation in Afghanistan, until questions posed by Member States were answered.

The draft on liabilities was deferred because consensus had not been reached, according to Mexico's representative, who coordinated informal consultations on the matter.

Statements and explanations of position were made by the representatives of the Russian Federation, Pakistan, United States, Japan, Cuba, Portugal, India, Sweden, and Côte d'Ivoire.

The Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), Conrad S.M. Mselle, presented that body's views on costs related to the draft resolutions on Afghanistan, Haiti and Central America.

The Director of Programme Planning and Budget Division, Office of Programme Planning, Budget and Accounts, Warren Sach, responded to questions on the budgetary implications of the United Nations Special Mission to Afghanistan.

The Assistant Secretary-General for Human Resources Management, Rafiah Salim, answered questions on the Organization's directives on fixed-term contracts and other matters.

The Committee will meet again at a time to be announced.

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this morning to continue discussing questions related to the proposed 1998-1999 budget, administrative and budgetary aspects of peacekeeping financing and human resources management.

Under questions related to the proposed budget, the Committee would discuss the implications of General Assembly draft resolutions on Haiti, Central America and Afghanistan.

(For background on budget implications related to the situations in Haiti and Central America, see Press Release GA/AB/3206 of 16 December.)

Situation in Afghanistan

The statement on budget implications relating to Afghanistan (document A/C.5/52/33) informed the Assembly that an additional appropriation of about $4 million net would be required under the section for peacekeeping and special missions of the proposed budget, should the Assembly adopt draft resolution A/52/L.68 B. By the terms of the draft, the Assembly among others, would support the call by the Secretary-General for the establishment of a solid international framework to address the external aspects of the Afghan question; support the Secretary-General in his continuing efforts to promote the political process aimed at achieving a lasting political settlement of the conflict; and request the Secretary-General to authorize the United Nations Special Mission to Afghanistan to continue its efforts to facilitate national reconciliation and reconstruction in Afghanistan.

Administrative Aspects of Peacekeeping Financing

By the draft resolution on temporal and financial limitations on liability to third parties (document A/C.5/52/L.7), the Assembly would decide that temporal and financial limitations proposed by the Secretary-General shall apply to third-party claims against the Organization for loss or damage resulting from or attributable to activities of members of peacekeeping operations in the performance of their official duties. It would thus decide that the Organization will not pay compensation for third-party claims submitted after six months from the time an injury or loss occurred or was discovered, or after one year from the termination of the mandate of the related peacekeeping operation.

By other terms of the text, the Assembly would decide that such third- party claims for personal injury, illness or death shall be limited to economic loss, such as medical and rehabilitation expenses, loss of earnings or financial support, transportation costs associated with the injury, illness or medical care, and legal and burial expenses. No compensation shall be payable for non-economic loss, such as pain and suffering or moral anguish, or

Fifth Committee - 4 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

for punitive or moral damages. Compensation for injury, illness or death of any single individual shall not exceed $50,000, provided that within such limits the actual sum will be determined by reference to local compensation standards.

The Assembly would further decide that compensation for third-party claims for property loss or damage based on non-consensual use of premises shall be calculated on the basis of fair rental value, based on the local market prices that prevailed before the deployment of a related peacekeeping mission. Alternatively, the amounts could be based on a maximum ceiling payable per square metre or hectare as established by a United Nations pre-mission technical survey team. The Secretary-General would decide on the appropriate method for calculating compensation at the conclusion of such a survey.

The draft would also have the Assembly decide that compensation for damage to personal property of third parties arising from the activities of a peacekeeping operation or in connection with the performance of official duties by its members would cover the reasonable costs of repair or replacement.

By other terms of the text, the Assembly would ask the Secretary-General to ensure that the terms of reference of local review boards that check claims include the temporal and financial limitations on the Organization's liability, as contained in the draft. He would be asked to ensure that those boards should base their recommendations for compensation on those temporal and financial limitations.

Human Resources Management

Also before the Committee is a five-part draft resolution on human resources management (document A/C.5/52/L.14), concerning family leave, performance appraisal system, performance awards, amendments to staff rules, and implementation of General Assembly resolution 51/226, on recruitment.

By the draft's part I, the Assembly would approve the recommendations made by the Secretary-General in paragraph 12 of his report on family leave (document A/52/438). [In that report, the Secretary-General endorsed the proposal to allow staff to use uncertified sick leave up to a maximum of seven days to attend to family-related emergencies, or for paternity leave in the case of birth or adoption of a child. Also in that paragraph, the partial conversion of maternity to paternity leave would be authorized where both parents are employed by the Secretariat.] Under provisions in part II, the Assembly would encourage the Secretary-General to continue his efforts to refine and simplify the performance appraisal system.

By the terms of part III, on performance awards or bonuses, the Assembly would approve the introduction of a performance award system, and urge the

Fifth Committee - 5 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

Secretary-General to adopt a step-by-step approach to the introduction of that system, in full consultation with the staff. It would also request the Secretary-General to submit policy proposals to deal with underperformance, to the Assembly at its fifty-third session. Part IV, on amendments to staff rules, which contains no operative paragraphs, would have the Assembly note the amendments to the 100 and 200 series of the Staff Rules contained in the report of the Secretary-General (document A/52/574).

By the provisions of Part V, on implementation of Assembly resolution 51/226, the Assembly would decide that the restrictions contained in paragraph 26 of the resolution, which preclude staff appointed for less than one year against regular budget posts of a year or longer from applying for or being appointed to their current post within six months of the end of their current service, shall apply to staff appointed after 3 April 1997 only. Further, the Assembly would decide that persons eligible to be considered for internal vacancies within the Secretariat after 12 months of service, shall be in the Professional category or above under the 100 or 300 series of the Staff Rules, to serve against peacekeeping support account posts at Headquarters or in peacekeeping or other field missions. Such eligibility shall be limited to vacant posts at the P-4 level and above. It would also decide to continue its consideration of implementation of resolution 51/226 at its resumed fifty- second session.

Statements on Questions Related to Proposed 1998-1999 Budget

CONRAD MSELLE, Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), orally introduced his Committee's views on the budgetary implications of the resolution that would extend the mandate of the United Nations component in International Civilian Mission to Haiti (MICIVIH) (document A/52/L.65). The mission is operated with the Organization of American States (OAS). He reviewed the contents of the Secretary-General's statement on the implications of the draft.

The ACABQ had been further informed that the monthly cost of the United Nations component, which had been about $514,800, would rise to some $639,800 in 1998. That would be necessary to strengthen the Mission's work in institution-building, particularly in the areas of the judiciary and human rights promotion and education. As at the end of 1997, the United Nations costs for the Mission for the biennium were projected at about $10.8 million. The amounts received in appropriations and commitment authorizations totalled $9.8 million for the same period. The $1 million difference is attributable to staff costs, since there were no vacancies in the period.

The ACABQ had recommended that, should the draft text be adopted, an additional $7.7 million would be required under regular budget section for peacekeeping and special missions, he said.

Fifth Committee - 6 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

ANWARUL KARIM CHOWDHURY (Bangladesh), Committee Chairman, then proposed a draft decision that would inform the Assembly that:

"Should the General Assembly adopt draft resolution A/52/L.65, an additional requirement of $7,677,200 would be required under section 3 of the proposed programme budget for the biennium 1998-1999; an additional requirement of $596,100 would also be required under section 32, Staff assessment, to be offset by a corresponding amount under income section 1, Income from staff assessment. These requirements will be considered in the context of the proposed programme budget for the biennium 1998-1999."

The Committee approved the draft decision concerning the costs of the draft resolution to extend the mandate of the United Nations component of MICIVIH.

Mr. MSELLE, Chairman of the ACABQ, orally introduced the views of his Committee on the implications of the resolution concerning the situation in Central America (document A/52/L.31). The ACABQ had recommended that the Assembly be informed that the adoption of the draft resolution would lead to additional requirements of $173,800 under the budget section for peacekeeping and special missions.

Mr. CHOWDHURY (Bangladesh), Committee Chairman, proposed a draft decision that would inform the Assembly of the following:

"Should the General Assembly adopt draft resolution A/52/L.31, an additional appropriation of $173,800 would be required under section 3 of the proposed programme budget for the biennium 1998-1999; an additional appropriation of $32,300 would also be required under section 32, staff assessment, to be offset by a corresponding amount under income section 1, Income from staff assessment. These requirements will be considered in the context of the proposed programme budget for the 1998-1999 biennium."

The Committee approved the draft decision to inform the Assembly of the costs of the draft resolution on Central America.

Speaking after the adoption of the decision, the representative of the Russian Federation said the Russian version of the Secretary-General's statement of budget implications also contained pages in the Spanish language. He said that such a mix-up should not be tolerated by the Secretariat. Even though everyone was tired, there was no justification for producing documents in the manner he had referred to.

Mr. MSELLE, Chairman of the ACABQ, said the Committee had considered the programme budget implications of the draft resolution relating to Afghanistan (document A/52/L.68 B). By that draft, the United Nations Special Mission in Afghanistan (UNSMA) was to continue its primary role in conducting United

Fifth Committee - 7 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

Nations peacemaking activities in Afghanistan, operating in Kabul and Islamabad. Three small offices/liaison outposts would also be in operation.

The Secretary-General had estimated that an additional appropriation of some $4 million would be required, he continued. The Secretary-General had appointed a special envoy for Afghanistan in July, yet there was no mention of that fact, including that person's travel estimates, in his estimates. The ACABQ had been informed that the study on an effective arms embargo, which had been requested, might be financed through voluntary contributions.

The ACABQ recommended that the Fifth Committee inform the Assembly that should it adopt the resolution on UNSMA, an additional appropriation of some $4 million would be required, he said.

AMJAD HUSSAIN SIAL (Pakistan) asked for written replies from the Secretariat on certain matters regarding the Mission before the Committee took action on the matter. What was the number of missions UNSMA had undertaken in 1997, from Islamabad and from Headquarters? What had been the travel costs for those missions? What had been the expenditure on rental of premises in 1997 for accommodation in Pakistan and elsewhere? Where else was the Mission's staff located, besides Pakistan? What were the nationalities of staff serving in the Mission? He asked.

WARREN SACH, Director, Programme Planning and Budget Division, Office of Programme Planning, Budget and Accounts, said due to the detailed nature of the requests, the Secretariat would have to return with that information.

Statements on Financing of Peacekeeping Operations

MARTA PENA (Mexico), who had coordinated the informal consultations on the matter, said that over a month ago she had introduced a draft on third- party temporal and financial limitations. At that time, one delegation had required time to consult with his Government. While the Committee's consultations had continued since then, the delegation had requested that its consultations be resumed at the Committee's resumed session. Other delegations seemed to support that request.

Only one part of the text was still pending, she said. She hoped the Committee's time and effort in reaching consensus on the rest of the text would be of use in the coming discussions. She then proposed that the Committee consider the matter at a later date.

JAMES BOND (United States) said his delegation had sent the draft resolution to Washington D.C. and had been told that it could not join in consensus. The United States Government was studying the implications of the draft resolution and was considering whether the matter of compensations should fall under the status-of-forces agreement or under some other documents. The May to June resumed session was an appropriate time to

Fifth Committee - 8 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

consider the draft text. The United States would submit concrete proposals on the text, which could serve as the basis for further progress on the draft during consultations.

The Committee decided to defer action on the draft on third-party liability to its second resumed session in May to June 1998.

Action on Human Resources Text

NAZARETH INCERA (Costa Rica), Committee Vice-Chairman and coordinator of informal consultations on the subject, introduced the draft text on human resources management and called for its approval. She reviewed some of the contents of the draft, adding that it had been agreed that certain portions of resolution 51/226, on the recruitment procedures, could not be implemented retroactively. She expressed the hope that the draft text would be approved without a vote.

The Committee approved, without a vote, the draft resolution on human resources management.

Speaking after the action, the representative of Japan said Assembly resolution 51/226 -- on human resources management and the recruitment process -- was so complex that further clarification was required before it could be implemented in a manner consistent with relevant regulations.

Referring to part V, implementation of resolution 51/226, he expressed full support for paragraph 2, which limited the eligibility of mission staff for internal vacancies to the P-4 and higher levels. That would accord with the principle that P-1 to P-3 posts should be filled by candidates who had gone through the national competitive examinations.

Paragraph 1 of part V of the draft text did not seem to contradict paragraph 26 of section III B of resolution 51/226. The interpretation as formulated in the draft resolution exempted too many short-term appointees from the provisions of paragraph 26 of resolution 51/226.

[Note: By the terms of paragraph 26, the Assembly requests the Secretary-General to extend to consultants and to personnel provided on a non-reimbursable basis the current practice of barring interns from applying for or being appointed to posts in the Secretariat for a period of six months after the end of their internships, and decides that persons on short-term appointments filling regular budget posts or extrabudgetary posts of one year or more cannot apply for or be appointed to their current post within six months of the end of their current service.]

The representative of Mexico said a correction should be made to paragraph 2 of part II -- on the implementation of the performance appraisal system -- in the Spanish version of the draft text.

Fifth Committee - 9 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

The representative of the United States said he had joined the consensus but, like the representative of Japan, had some reservations. He was concerned with the concept of acquired rights that had been mentioned in relation to the implementation of resolution 51/226. That concept should be further clarified. The United States would pursue some of the concepts included in the draft resolution in further sessions.

The representative of Cuba said that, even though this was not a personnel year, the Committee had been forced to examine issues related to human resources. That was bound to have an effect on the work of the Fifth Committee.

She said the Spanish version of paragraph 1 of section III of the draft resolution should be translated in a proper manner to reflect the fact that it would urge the Secretary-General to adopt a step-by-step approach to the introduction of a system of performance awards and bonuses, in full consultation with staff. She looked forward to a consideration of the matter in the resumed session so that a number of issues raised in a conference room paper on human resources would be clarified. The concerns her delegation had raised at previous meetings should be addressed today by the representatives of the Office of Human Resources Management, who were present in the conference room.

The representative of Portugal congratulated the Vice-Chairman on the results of the consultations. Corrective action should be taken to remedy the problems unwittingly created by the wording of section III.B of resolution 51/226.

The representative of India said he supported the representative of Portugal's comments. There was confusion among Member States and the Secretariat on the interpretation of those provisions of the resolution. The matter would be considered further during the resumed session.

The representative of Sweden expressed appreciation to the Vice-Chairman for her consultations. Part V of the draft had not indicated a lack of interest in the important issue of United Nations recruitment practices, but rather lack of time to deal with them adequately.

The representative of Côte d'Ivoire said that if in the implementation of the resolution problems arose, the entire text should be reviewed, as indicated in paragraph 3 of part V.

Statements on Human Resources

NORMA GOICOCHEA ESTENOZ (Cuba) said that she supported the comments made by her colleague from Portugal. She said she had been informed, but had not confirmed, that an administrative instruction had been circulated to staff indicating that those with fixed-term contracts would have their contracts

Fifth Committee - 10 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

renewed only a limited number of times. Had a new administrative instruction been issued, aimed at reviewing the status of recruitment of personnel, and had the periods for contracts been reduced? Should instruction for a review exist, it should be made available to the Committee. Also, what provisions of resolution 51/226 would be implemented in respect of the review? What would be the implications of that review for staffing, if that review indeed existed? she asked.

RAFIAH SALIM, Assistant Secretary-General for Human Resources Management, addressing the concerns raised regarding an administrative instruction and the possible termination of fixed and short-term staff, said that ST/AI/97/7 of 20 November had been issued to deal with the recruitment procedures for Professional staff in order to implement Assembly resolution 51/226. The instructions specifically implemented paragraph 9 of section III B of resolution 51/226, which requested the Secretary-General to restrict the practice of making temporary appointments against regular budget or extrabudgetary posts of one year or more to temporary needs, for example, replacement of staff on field mission assignment and authorized leave.

For that purpose, she continued, section 6 of the administrative instruction required that temporary appointments be justified by temporary needs and provided that the contracts inform the temporary staff that their appointments might be terminated when the temporary needs no longer existed. That would apply only to future staff as no contract had yet been issued under the provisions of that instruction. It did not apply to any staff currently on board and did not provide for the termination of their appointments. That instruction was the subject of consultation with staff throughout the Secretariat.

Regarding the current redeployment process, she said no administrative instruction had been issued, since no final budget decision had been rendered by the Assembly. Guidance to all departments and offices had been issued by the Department of Management to deal with anticipated problems. It had been provided to help departments complete a review of all staff -- permanent, probationary and fixed-term -- whose posts might be affected by the proposed post reductions throughout the Secretariat. She assured all delegates that staff/management consultations had been maintained throughout the process and weekly briefings conducted with staff representatives in New York, the duty station most affected by reform measures and proposed post reductions. Their suggestions had been incorporated into resulting guidelines that had been relayed to the Fifth Committee. Staff were represented in the departmental panels set up to review staff and their reassignments within departments. She then went into some detail to explain actions taken in accordance with the process followed by the Secretariat in determining the placement of staff against available posts.

Ms. GOICOCHEA ESTENOZ (Cuba) said the information provided by the Assistant Secretary-General should be circulated to all members of the

Fifth Committee - 11 - Press Release GA/AB/3207 43rd Meeting (AM) 17 December 1997

Committee for their consideration. It was clear that the Committee would have to revert to the matter, which would be a key point in the negotiations on the proposed 1998-1999 budget. She asked further questions. For example, she asked the Assistant Secretary-General to explain why some fixed-term staff would have their contracts extended only until 28 February. She should also indicate what would happen to the posts of permanent staff on field missions. The Secretariat should explain the purpose of a request for some $19 million in the Secretary-General's report on the United Nations reform (document A/51/950) and indicate whether the amount would be an addition to the $13 million requested in some other documents of the Secretariat.

Mr. CHOWDHURY, Committee Chairman, asked the Assistant Secretary-General to return to the Committee with her response.

* *** *

For information media. Not an official record.