INTERNATIONAL CIVIL SERVICE COMMISSION IS APPROPRIATE BODY TO ADVISE ASSEMBLY ON PROPOSED CODE OF CONDUCT, FIFTH COMMITTEE TOLD
Press Release
GA/AB/3221
INTERNATIONAL CIVIL SERVICE COMMISSION IS APPROPRIATE BODY TO ADVISE ASSEMBLY ON PROPOSED CODE OF CONDUCT, FIFTH COMMITTEE TOLD
19980323 The International Civil Service Commission (ICSC) was the appropriate body to advise the General Assembly on the United Nations code of conduct being proposed by the Secretary-General, the Fifth Committee (Administrative and Budgetary) was told this afternoon as it continued its consideration of the draft code.Any modification of the United Nations Staff Rules and Regulations would have effects system-wide, Carlos Vegega, the ICSC's Vice-Chairman, said. The Fifth Committee should decide whether the ICSC should undertake a study of the proposed code.
Australia's representative said he was intrigued by the Vice-Chairman's comment that a unilateral decision on the part of the United Nations would have implications on the common system. Delegations had suggested that all relevant bodies review the code of conduct, but what would be the purpose of such an exercise? he asked. The proposed code was quite unremarkable. It should be a straightforward issue.
The Committee should examine in an informal meeting the principle of referring to the common system a proposal that dealt exclusively with United Nations staff and rules, Assistant Secretary-General for Human Resources Management Rafiah Salim said. Referring the code to the ICSC would be an unprecedented step, with potentially serious ramifications for the Committee's work.
During the meeting, many delegations expressed broad support for the proposed code. Malaysia's representative welcomed the proposed code of conduct, which would require staff to comply with the highest standard of independence, efficiency and integrity, in conformity with the United Nations Charter.
The Secretary-General's proposed code of conduct consists of revisions to article I of the Staff Regulations promulgated by the Assembly, and related changes to chapter I of the Staff Rules. The provisions contained in those Regulations and Rules will govern the conduct and performance of staff, ensure their accountability, and set forth in concrete terms their rights and obligations.
The representatives of Bangladesh,Japan, China, Cuba, Syria, Pakistan and the United States also spoke this afternoon.
The Committee is scheduled to meet again at 3 p.m., on Thursday, 26 March, to take up appointments of members of the United Nations Administrative Tribunal, and the United Nations Joint Staff Pension Fund.
Committee Work Programme
The Fifth Committee (Administrative and Budgetary) met this afternoon to continue its general discussion of the United Nations code of conduct. It is considering the report of the Secretary-General under three agenda items: review of the Organization's administrative and financial functioning efficiency; human resources management; and United Nations reform. (For background information on the Secretary-General's report, see Press Release GA/AB/3218 of 19 March.)
Code of Conduct
HUMAYUN KABIR (Bangladesh) welcomed the draft code of conduct, adding that it could provide a good framework for the high standards of work of the Organization. It was believed that the code of conduct should be seen in the context of the evolving work culture at the United Nations. A new ethical and performance standard was needed to help further reform.
The Assembly was the most competent body to deal with the issue, he said. It had full authority to consider the matter. The proposed code was an integral part of the Staff Rules and Regulations. While the Fifth Committee was the place where the issue should be deliberated upon, it should be open to suggestions from the ICSC and the Advisory Committee on Administrative and Budgetary Questions (ACABQ).
The provision, in the proposed code, for keeping staff members free from outside influence was particularly noted, he said. The spirit of public service should remain the fundamental objective for staff members. The United Nations represented a multicultural milieu. Respect for multiculturalism should play a fundamental part in the motivation of the staff. The inclusion of a provision for financial disclosure was strongly supported. United Nations staff should maintain the highest moral standards and integrity.
KOJI F.K. YAMAGIWA (Japan) said that Japan had listened carefully to the statements by the representatives of the Federation of International Civil Servants Associations (FICSA) and of the Staff Union. Having heard so many delegates make statements on the item, Japan was happy to recognize the almost unanimous will of the Committee to support the proposed code. Japan was second to none in its keenness for improving the effectiveness and efficiency of the Organization and was ready to support all proposals to that end. Japan might offer more comments on the code at an appropriate stage, if necessary.
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KARMAIN MISRAN (Malaysia) said his delegation welcomed the Secretary- General's proposed code of conduct. To maintain a high level of efficiency, the Organization should institute rules for the proper conduct of its staff. Such a code would serve to develop an international civil service that acted with integrity. The proposed code of conduct required staff to comply with the highest standard of independence, efficiency and integrity, in conformity with the United Nations Charter. In addition, it listed obligations of staff and of the Secretary-General.
The provisions requiring financial disclosure for senior officials, though new to the United Nations, were not uncommon to many States, he said. In that regard, the concerns raised by the representative of FICSA were somewhat exaggerated. The Secretary-General, on 18 March, had said the United Nations was a public service organization; staff members did not choose to work there to make a fortune.
LIU YANGUO (China) said his delegation had listened carefully to the statements made by staff representatives. The United Nations code of conduct was an active measure undertaken to improve the efficiency of international civil servants. The code supplemented and improved the United Nations Staff Rules and Regulations. His delegation believed that formulation of the code of conduct should be discussed within the Fifth Committee. He was pleased to learn from Assistant Secretary-General for Human Resources Management Rafiah Salim that staff members had been consulted in drafting the code. His delegation was in favour, in principle, of the addition the code would provide to the Organization's Staff Rules and Regulations.
The code was a positive management step undertaken in light of the Organization's reform process, he continued. The fundamental principles guiding the behaviour of the international civil service should be loyalty, capability and efficiency.
Ms. SALIM, Assistant Secretary-General for Human Resources Management, recalled that the representative of Pakistan had asked whether the draft code dealt with accountability of managers. To that, she answered that it did. Accountability had two aspects. First, there was accountability for transgressions of expected standards of conduct, and second, there was accountability for work performance. The code strengthened the accountability of all staff, including managers, by elevating the concept for the first time to the staff regulations adopted by the Assembly. Draft staff rule 101.3 dealt with the question of accountability for performance and the explanatory commentary described in detail managers' responsibility.
The representative of Tunisia had noted that staff regulation 1.3, paragraph b, provided that staff should be at the disposal of the Secretary- General at all times, and had questioned whether that provision was reasonable, she said. The Secretary-General was obligated to provide a normal working week.
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What the paragraph meant was that normal work weeks should be subject to exigencies. The Secretariat was open to improvements in the text as long as it was clear that the Secretary-General had the right to call on staff outside normal hours and that the staff was obligated to comply.
Cuba's representative had asked for information on the status of the 1954 Report on the Standards of Conduct in the International Civil Service, she said. The code was an improvement to the United Nations rules and was not intended to replace the core values of the standard of conduct elucidated in that report of the International Civil Service Advisory Board. That report was never intended to replace the need for concrete rules. The draft code, which consisted of revisions to Staff Rules and Regulations, did not contradict the report's core values.
Turning to suggestions made by some Committee members that the draft code should be turned over for consideration by the ICSC, she urged the Committee to examine in an informal meeting the principle of referring to the common system a proposal that dealt exclusively with United Nations staff and rules. If the code were referred to the ICSC, it would be an unprecedented step, with potentially serious ramifications for the Committee's work.
CARLOS S. VEGEGA, Vice-Chairman of the ICSC, said that delegations had asked if the ICSC could express its opinion on the code of conduct. The ICSC was the appropriate body to advise the Assembly. Any modification of the United Nations Staff Rules and Regulations would have effects system-wide. It was up to the Committee to decide whether the ICSC should undertake a study of the proposed code at this time.
EVA SILOT BRAVO (Cuba) said the statement by the ICSC had confirmed Cuba's concern about the possible effect on the common values of the common system that a new code of conduct would have. The code of conduct needed to apply to all pertinent bodies. It was necessary to approach the issue cautiously. All of the relevant bodies should look at the code. That would be the most advisable.
TAMMAN SULAIMAN (Syria) recalled that, at the previous meeting, he had proposed that the code be submitted to the ICSC and the ACABQ. That proposal was still on the table. At the next stage of the subject's consideration, it was hoped that both the ICSC and the ACABQ would be consulted.
AMJAD HUSSAIN B. SIAL (Pakistan) asked which had been the primary bodies involved in considering the existing article I of the staff regulation. Further clarification was needed in order for the Committee to be able to take an appropriate decision.
MILES ARMITAGE (Australia) said that much of what Australia had to say had been said by the representatives of Australia, New Zealand, Canada, Uganda
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and Pakistan. He was intrigued by the comment of the Vice-Chairman of the ICSC that a unilateral decision on the part of the United Nations would have implications on the common system. He wished to know if that impact would be negative. There had been the idea that all relevant bodies review the code of conduct, but what would be the purpose of such an exercise? he asked. The proposed code was quite unremarkable. It should be a straightforward issue. It was hoped that Australia's views would be taken into consideration in terms of the bureau's next steps on the matter.
JAMES BOND (United States) said Australia had said much of what his delegation had to say on the subject. The draft code had taken a long time to arrive at the Committee and, and this stage, referring it to the ACABQ and the ICSC, would only further slow its adoption. What purpose would such a referral serve? he asked. Perhaps the presence of the ACABQ and the ICSC at informal consultations would suffice.
Ms. SALIM, in reply to the comments raised by the delegate of Pakistan, said the Fifth Committee alone had decided on the current code of conduct.
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