FIFTH COMMITTEE CONTINUES CONSIDERING CODE OF CONDUCT FOR UN STAFF

Press Release
GA/AB/3233

FIFTH COMMITTEE CONTINUES CONSIDERING CODE OF CONDUCT FOR UN STAFF

The question of when to take a decision on the proposed United Nations code of conduct was the focus of discussion this morning, as the Fifth Committee (Administrative and Budgetary) neared the end of the second part of its resumed fifty-second session. The proposed code of conduct applies only to United Nations staff, and consists of amendments to article I of the United Nations Staff Regulations, and chapter I of the Staff Rules.

Given the sensitive nature of the proposed amendments to the Staff Rules and Regulations, a decision on the code should be deferred until the fifty- third session, Morocco's representative said. There were legal implications to be considered, he added.

New Zealand's representative recalled that a code of conduct for United Nations staff had been in the works for more than four years. The matter should be completed before the end of the Assembly's fifty-second session, she stressed.

The draft code had been reviewed in a professional manner, and the Organization could not afford to postpone its approval for years, Saudi Arabia's representative said. Actions of United Nations employees must be guided, and also penalized, by a code of conduct. He emphasized the importance of Staff Regulation 1.2, on the need for financial disclosure of high-level staff members, especially those dealing with sensitive areas such as procurement.

The Committee had before it recommendations of the International Civil Service Commission (ICSC) on the draft code, submitted in response to a request of the Committee made in March. The ICSC Vice-Chairman, Carlos Vegega, introduced that text.

Following its decision, the Committee agreed to decide, at its meeting tomorrow, on when to take up the code,.

Also this morning, the representative of Indonesia, speaking on behalf of the "Group of 77" developing countries and China, introduced a draft resolution on financing the United Nations Interim Force in Lebanon (UNIFIL). The Committee will take a decision on that text tomorrow.

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Statements were also made this morning by the representatives of the United States, United Kingdom (for the European Union), Syria, Australia, Egypt, Cuba, Canada, Pakistan, Latvia, Libya, Cote d'Ivoire, Japan and Norway.

Ingrid Laux, Officer-in-Charge, Office of Human Resources Management, responded to delegates' comments.

The Committee is scheduled to meet again at 3 p.m. tomorrow, 29 May -- the final day of its resumed fifty-second session -- to take action on draft texts, including those on the financing of United Nations peacekeeping operations.

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this morning to take up the financing of the United Nations Interim Force in Lebanon (UNIFIL) and aspects of human resources management, specifically to consider the reports of the Secretary-General and of the International Civil Service Commission (ICSC) on the United Nations code of conduct.

Financing of UNIFIL

A draft resolution on the financing of UNIFIL (document A/C.5/52/L.52), submitted by Indonesia, concerns the appropriation to the special account for the maintenance of the Force for the period from 1 July 1998 to 30 June 1999. [However, pending a decision on the recommendations of the Advisory Committee on Administrative and Budgetary Questions (ACABQ) on peacekeeping, financing, and on the support account, which is prorated among peacekeeping forces, no amount is specified in the draft.]

By other terms of the draft, the Assembly would decide that the estimated other income of $20,000 for the period from 1 July 1998 to 30 June 1999 shall be set off against the apportionment among Member States. For Member States that have fulfilled their financial obligations to the Force, there shall be set off against their apportionment, their share of the unencumbered balance of some $3.1 million in respect of the reserve account for the third-party liability insurance of helicopters. For those that have not fulfilled their financial obligations to the Force, their share of the unencumbered balance shall be set off against their outstanding obligations.

By further terms of the draft, the Assembly, expressing deep concern that the Government of Israel did not comply with its resolution 51/233, would stress, once again, that the Government of Israel should strictly abide by the terms of that resolution. It would request the Secretary-General to take the necessary measures to ensure the full implementation of paragraph 8 of that resolution, stressing that Israel pay the amount of $1.7 million resulting from the incident at Qana of 18 April 1996. It would decide that the additional requirement of $639,356 be treated in accordance with the terms of that resolution.

Code of Conduct

The Secretary-General's report on the proposed United Nations code of conduct (document A/52/488) contains his proposals to the General Assembly to implement the code through revisions to article I of the Staff Regulations promulgated by the Assembly and on the related changes that he intends to make to chapter I of the Staff Rules. The provisions in those Regulations and Rules will govern the conduct and performance of staff, ensure their accountability in that regard, as well as set forth their rights and obligations.

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The report states that, although referred to as a "code of conduct", the provisions constituting the code are an integral part of article I of the Staff Regulations and chapter I of the 100 series of the Staff Rules. After amendments to the other series of Staff Rules, it will also apply to project personnel and staff members specifically recruited for conference and short-term services.

The code of conduct is in four parts. The first part reiterates provisions from the Charter and the Convention on the Privileges and Immunities of the United Nations; the second deals with the status of United Nations staff; the third deals with the core values expected from international civil servants and sets out the basic rights and obligations of staff; and the fourth part deals with expected performance and ensures that staff will be accountable for their performance, and also provides that learning and development programmes will be made available to them.

The Secretary-General recommends that the Assembly be asked to approve the present report and to adopt, effective 1 January 1998, the amendment to the scope and purposes provision and article I of the Staff Regulations annexed to the report. The Assembly is also asked to take note of the text of chapter I of the Staff Rules, to be promulgated, effective 1 January 1998, by the Secretary-General. (For further information on the report, see Press release GA/AB/3218 of 19 March.)

Also before the Committee was an addendum to the report of the ICSC (document A/52/30/Add.1) for the year 1997, providing the Commission's comments on the Secretary-General's report. After considering the report and making comments on specific regulations and rules, the Commission states that it decided to recommend that the United Nations might proceed with the proposed amendment to its Staff Regulations and Rules, bearing in mind the views it has expressed in the report, and on the understanding that the revised text was applicable to the United Nations only and would not be applicable to other organizations.

Stating that the title of "code of conduct" had created some confusion as to the difference between a code of conduct, standards of conduct, ethics and the Staff Regulations and Rules, the Commission also recommended that the United Nations replace the term by a more appropriate designation.

The General Assembly, in its decision 521 of 31 March 1998, invited the ICSC to examine, as a matter of priority, the proposed code of conduct.

Introduction of Draft Resolution

CECEP HERAWAN (Indonesia), speaking on behalf of the "Group of 77" developing countries and China, introduced the draft resolution on the financing of UNIFIL.

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Statements on Code of Conduct

CARLOS VEGEGA, Vice-Chairman of the International Civil Service Commission (ICSC), introduced that body's report on the proposed United Nations code of conduct. The ICSC had examined the draft code, pursuant to the Assembly's request of 31 March, and had formed an open-ended Working Group of the Whole to address the issue, composed of members of the ICSC, as well as representatives from the United Nations Secretariat, specialized agencies and the Coordinating Committee for International Staff Unions and Associations of the United Nations System (CCISUA). It was emphasized that the participation of representatives from the specialized agencies was based on the understanding that the code would apply only to the United Nations, would not be applicable to other organizations, and would not affect those organizations' prerogative to develop their own standards.

The title "code of conduct" raised questions during the discussion, he said. The impression created was that the objective of the proposed code was to replace the 1954 Standards of Conduct promulgated by the International Civil Service Advisory Board (ICSAB), the predecessor body to the ICSC. However, the Secretariat had provided assurances that the code was an amendment to article 1 of the United Nations Regulations and chapter I of its Staff Rules.

The Commission reviewed the recommendations and comments of the Working Group and adopted them as its report, he said. The Commission accepted most of the proposed changes and decided that the United Nations might proceed with the proposed amendment to its Staff Regulations and Rules, on the understanding that the text was applicable only to the United Nations. The Commission made a distinction between proposed amendments to legal texts and a review of common standards, which, it felt, should govern the entire civil service. The discussion pointed to the need to modernize existing ethical standards. The ICSC would be updating the 1954 ICSAB Standards of Conduct, in collaboration with the common system organization.

JAMES BOND (United States) thanked the Commission for its prompt action. He drew delegates' attention to the phrase, "pass the buck". The buck stopped in the Fifth Committee, he said. The code of conduct had been kicked around for years and had gone everywhere. In light of that fact, the United States believed that it would be unconscionable not to act, especially given the Commission's recommendation. It would be difficult to report back to his Capital that even with broad support the Committee had failed to act -- or had passed the buck. The United States delegation proposed that the Commission's recommendations be approved.

WEN CHIN POWLES (New Zealand) said that after a quick review of the report, she noted that the ICSC had recommended that the United Nations proceed with the amendments so that the code might come into affect. The Secretary-General's report, containing the proposed amendments, had recommended some straightforward

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actions: to approve the report; take note of the necessary changes to the staff rules; and adopt amendments to the staff regulations. Her delegation and others hoped the changes would come into effect as soon as possible. A code of conduct for United Nations staff had been in the works for more than four years. The matter should be completed before the end of the Assembly's fifty-second session. The Committee should come up with a decision, perhaps through its Chairman, to take prompt action.

ABDESALAM MEDINA (Morocco) said that, because his delegation had just received the report, which had not been available yesterday, it had not been able to carefully consider the text, nor had the relevant authorities in his country. He asked whether it was truly urgent that the code be considered immediately. The Committee was already facing severe time constraints. There was need to make constructive comments to instruct the Assembly to see how the code should be applied. Given the sensitive nature of the amendments, a decision on the code should be deferred until the fifty-third session.

AHMED FARID (Saudi Arabia) said the draft code had been reviewed in a professional manner, and the Organization could not afford to postpone its approval for years. Employees of the United Nations must be guided -- and penalized -- by a code of conduct. The United Nations was a huge organization, and such a code was essential. Staff Regulation 1.2, on the need for financial disclosure of persons at the level of Principal Officer (D-1) and above -- especially for those who dealt with sensitive areas such as procurement -- was imperative.

NICHOLAS THORNE (United Kingdom), speaking on behalf of the European Union, said the Fifth Committee should, at this point, take note of the Commission's comments. The Union believed that the Secretary-General should be free to implement the code.

TAMMAM SULAIMAN (Syria) said his delegation had been among the first to request that the proposed code be referred to the ICSC for expert consideration. Syria, however, shared the view of the representative of Morocco. The issue could be considered during the fifty-third session, he said. The Commission's report had been received very belatedly, and Syria could, therefore, not take any decision at this time.

MILES ARMITAGE (Australia) said he was concerned that the goal posts on the issue seemed to be shifting again. He noted that during the Committee's discussion in March there had been very few issues of substantive concern with the text. In fact, the major concern had been that an expert body should study it. The decision had been made that it be dealt with as a matter of priority. To now say that it was not urgent was a matter of concern for Australia. His delegation was not pushing for a decision right now, but considered that the end of the current session would be an appropriate time.

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AHMED DARWISH (Egypt) said that during previous discussions his delegation had welcomed having a code. The proposed code and the ideas contained in the Secretary-General's draft filled a gap in the existing documentation. Egypt wished to propose that the title of the code be changed to rules and obligations of staff members. The report had just been received, and the Committee should not rush in and take hasty action.

DULCE BUERGO RODRIGUEZ (Cuba) said her delegation had taken note of the discussion and thought it would be appropriate for the Committee to carry out its task on the item. The Committee would not be carrying out its work seriously, if it were merely to take note of a document without having an opportunity to examine it and hold a debate. It would not undermine the discussion if an appropriate time was sought to consider the Commission's report -- that might be during the fifth-third session. Cuba had been one of those delegations most interested in the proposed code.

Mr. MEDINA (Morocco) stressed the importance his delegation attached to the code of conduct. It was not opposed to the application of a code of conduct to the United Nations staff, or even to the entire system. However, the code would have legal implications, not only on United Nations staff, but also on some countries which would use the code as a model. While he understood the comments made by the representative of Saudi Arabia regarding financial disclosure, there was need for prudence. For example, he had no authority over his wife's income, so how could he be expected to make a statement on his wife's income? In light of the legal implications of the code, the matter should be given careful consideration.

SAMUEL HANSON (Canada) said it had been six months since the Committee decided to expedite consideration of the matter. While the definition of "expedite" could be elastic, it should not be stretched beyond any resemblance to the original idea. His delegation supported the proposals made by the Secretary-General and the recommendations currently before them. The issue had been debated for years. Regarding the need for financial disclosure, the ICSC report had said that during its discussion, the view was expressed that, as Member States would not propose candidates lacking in integrity, there was no need for the regulation. He was moved by the faith shown in the unimpeachable motives of Member States, but human nature was complex, and his own Government could not know each of its national's perfectly. What was being proposed regarding financial disclosure did not have to conflict with the right to privacy. The two requirements -- for disclosure and the need for privacy -- were not unreconcilable.

AMJAD HUSSAIN B. SIAL (Pakistan) noted that representatives from the CCISUA had participated in the ICSC's consideration of the proposed code, and that no reservations had been expressed. The comments made by the representative of Saudi Arabia regarding financial disclosure merited consideration. During the Committee's last session, his delegation had

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supported the proposed code. There was need for a code for United Nations staff, as well as for the specialized agencies. The ICSC had recommended changing the name of the proposed code, without making a specific proposal. Would the Secretariat be proposing a change? he asked.

ULDIS BLUKIS (Latvia) recalled that in March the Committee had requested that the ICSC consider the matter as a priority. That had been done, after the ICSC had rearranged its schedule. The Committee had clearly intended to deal with the matter in its fifty-second session, otherwise, it would not have asked the ICSC to make its recommendations as a priority. The Committee should decide on the matter during its third resumed fifty-second session, unless there were important new reasons for changing the work schedule. The ICSC had efficiently responded to the Committee's request; the best way to express appreciation was to deal with the proposed code as a priority.

IBRAHIM ELMONTASER (Libya) said his delegation hoped that all United Nations organs would respond to the Committee's request as quickly as the ICSC had done. However, time was extremely limited. The report should be taken note of and studied later. In light of the comments made by other delegations -- and their concerns were understandable -- it would be best to postpone consideration of the report.

MANLAN AHOUNOU (Cote d'Ivoire) said that on the insistence of some delegations, the Committee had asked the ICSC to shed light on some issues. Intellectual honesty demanded that the document be considered. His delegation was small and had not had time to consider the details of the report. The Secretariat attached great importance to the issue; a hasty decision should not be taken. The Committee should debate the issue at its next resumed session, in light of the comments made by the ICSC and taking into account the current time constraints.

KOJI F.X. YAMAGIWA (Japan) said it was true that the relevant official record had just been made available, and it was necessary that more deliberation on some points was needed. However, Japan believed that the Committee should spare no efforts to accelerate consideration of the issue on a priority basis.

Ms. POWLES (New Zealand) said that, of course, the question of the shortness of time had been raised by New Zealand at the first formal meeting. When her delegation had made the proposal to consider the item before the end of the fifty-second session, it had meant in August. Before then, there were three months. Deferral until the fifty-third session was completely unacceptable to New Zealand.

INGRID LAUX, Officer-in-Charge, Office of Human Resources Management, said she understood the comments made by the ICSC regarding changing the name of the proposed code. She suggested either, "Article 1 of the Staff

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Regulations and Chapter 1 of the Staff Rules" or "Duties, Rights and Obligations of the Staff Members".

Mr. DARWISH (Egypt) said that in his previous intervention he had proposed that the wording "code of conduct" be replaced, as that wording had given rise to reservations. He had proposed an alternative -- "the Code on the Rights and Duties of Staff" -- but had heard no comment.

Mr. AHOUNOU (Cote d'Ivoire) said that substance was being discussed. The issue should be discussed now or should be postponed.

Ms. POWLES (New Zealand) said that her delegation was open to suggestions on changing the name and was open to discussions at any time.

Ms. LAUX said that her office would be willing to accept the proposal of the representative of Egypt.

NAZARETH A. INCERA (Costa Rica), Committee Vice-Chairperson, said the Committee would take a decision on the matter tomorrow.

TOM SCHRODER (Norway) said his delegation wished to put on record that it aligned itself with the statement made on gratis personnel last week by the representative of the United Kingdom, on behalf of the European Union.

Mr. DARWISH (Egypt) said he had noticed that the cafeteria near Conference Room 5 had been closed for two weeks. The services of the cafeteria were needed everyday until 6 p.m. Why had the cafeteria been closed, and who had decided to do so? he asked.

Ms. INCERA (Costa Rica), Committee Vice-Chairperson, said that the question would be forwarded to the appropriate person.

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