EXCESSIVELY DANGEROUS CONDITIONS IN FIELD MIGHT FORCE SECRETARY-GENERAL TO WITHDRAW UNITED NATIONS STAFF, FIFTH COMMITTEE TOLD

11 November 1998

Press Release
GA/AB/3261

EXCESSIVELY DANGEROUS CONDITIONS IN FIELD MIGHT FORCE SECRETARY-GENERAL TO WITHDRAW UNITED NATIONS STAFF, FIFTH COMMITTEE TOLD

19981111 Assistant Secretary-General for Legal Affairs Introduces Report of Secretary-General on Safety of UN Staff

When conditions in the field became excessively dangerous, the Secretary-General might have no option but to withdraw United Nations staff, the Fifth Committee (Administrative and Budgetary) was told this morning as it continued discussing human resources management.

Staff could no longer be expected to fill vacuums created by Member States' political inaction, the Assistant Secretary-General for Legal Affairs, Ralph Zacklin, said as he introduced the Secretary-General's report on the safety of United Nations staff.

From June 1997 to September 1998, 27 staff had lost their lives in service of the United Nations, according to the report. Civilian populations were being targeted by warring parties, as were those seeking to provide relief to them, and there was urgent need for improving security conditions for staff in the field. A Trust Fund for Security had been created to finance security training. So far, Norway had contributed to the Fund, while Japan had pledged to do so, the Assistant Secretary-General said.

Also this morning, the representative of Mozambique said the astonishing levels of resignation of United Nations staff -- particularly among junior professionals -- reflected an absence of career opportunities. At the same time as new blood was needed in the Organization, resignations at junior levels were leading to an ageing Secretariat.

The way the national competitive examination -- for recruiting staff from countries with insufficient numbers of staff on board -- was used reinforced the position of the over-represented. Too few candidates were recruited by that means. While the exam remained the best recruitment tool, its use must be revamped.

Romania's representative called for more rapid action to place candidates selected through the national competitive examination for

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recruitment. Member States and the Secretariat should employ candidates while they were still young, to rejuvenate the Organization.

The representative of Burundi said the membership, role and functions of the International Civil Service Commission should be reconsidered. The Secretary-General's proposals must be looked at by Member States and staff representatives together.

When the Committee turned to other matters, its Secretary, Joseph Acakpo-Satchivi, read out a letter from the Chief of Security and Safety Services, Michael McCann, responding to concerns about access to the building and security arrangements. The representative of Russia also drew attention to an error in the Journal.

The Committee's next meeting will be at 3 p.m. tomorrow, 12 November. It will continue discussing the Office of Internal Oversight Services, and take up financing of the United Nations Observer Mission in Sierra Leone (UNOMSIL), as well as aspects of the budget for 1998-1999.

Fifth Committee Programme of Work

The Fifth Committee (Administrative and Budgetary) this morning continued its discussion of United Nations human resources management. It had before it a number of reports covering a variety of related issues, ranging from use of consultants to the composition of the Secretariat. (For background, see Press Release GA/AB/3251 of 28 October and GA/AB/3258 of 9 November.)

In addition to those documents, the Committee had before it two reports by the Secretary-General on respect for the privileges and immunities of United Nations officials' safety and security of humanitarian personnel and protection of United Nations personnel.

According to the more recent report (document A/53/501), during 1 July 1997 to September 1998, 27 staff members lost their lives: 15 in aircraft and the remainder by gunshot. Countless others had been attacked, robbed, harassed, injured or raped. Never before have so many people lost their lives in the service of the United Nations, and never before have the number of civilian casualties exceeded the number of military casualties. During the reporting period, 33 United Nations personnel were abducted and held hostage in eight separate incidents, only seven of which were resolved. Also, never before had personnel been so directly targeted by warring factions or criminals.

A similar pattern of casualties had been experienced throughout the humanitarian community, the report states. The reasons for these increases had to do with the changing nature of conflict. Civilians were becoming the targeted enemy as were those seeking to assist them. There was a general disregard for international law, including humanitarian law, and a perceived loss of impartiality and neutrality, especially of humanitarian action, by the parties involved.

Similarly, when it comes to peacekeeping operations, in the past, personnel were able to rely for their safety on respect for their international status and for their objective and impartial role, according to the report. Unarmed military observers had been deployed in conflicts where the opposing forces were well disciplined and maintained order in the area, and responded to political authorities that agreed to or requested the United Nations presence. Those authorities could be held accountable for threats to peacekeepers. However, in many of today's civil conflicts, such conditions were not present and military observers and civilian staff in the field have been harassed, attacked, or held hostage for political or criminal reasons.

The United Nations is responsible for providing protection and assistance and relief to the world's neediest people, and is thus obliged to engage with officials and de facto authorities on the ground, the Secretary- General writes. These parties should abide by international law, and

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governments had the primary responsibility to protect United Nations staff in their country. When conditions became excessively dangerous or in cases where no action was taken to punish perpetrators -- of the 162 incidents reported since 1992, in only one case had perpetrators been caught and brought to justice -- the Secretary-General might have to withdraw the Organization's staff. United Nations personnel could no longer be expected to fill vacuums created by political inaction on the part of Member States, the report emphasizes.

International machinery should be developed to find and seize the assets of transgressors, the Secretary-General recommends. He welcomes the adoption of the Rome Statute to the International Criminal Court, which gives it jurisdiction over acts such as those intentionally directed against humanitarian or peacekeeping missions. The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies were critical to the protection of staff members and their dependents. The Secretary-General invites States that have not yet done so to become parties to these texts and to the Convention on the Safety of United Nations and Associated Personnel. He recommends that the Assembly consider reports on privileges and immunities of staff, such as the present one, on an annual basis.

In addition to intensifying legal protection, the Secretary-General calls on States to provide funding for security. The Administrative Committee on Coordination (ACC) had taken a decision on improving security, by which it endorsed the proposal for the provision of security training on a mandatory basis to all staff at high-risk duty stations and agreed to the implementation of this training by the Office of the United Nations Security Coordinator, to be funded on a cost-shared basis among organizations. Further, it approved the establishment of a security fund by the Coordinator to supplement existing security funding mechanism.

The Secretary-General writes that the establishment of a Security Trust Fund would provide resources to enable him to implement security measures, stress management and trauma counselling. He appeals to States to contribute to this critical activity. At the same time, there was need for discussion and decision to place the funding of security on firm footing so that the Secretary-General does not have to rely on the Trust Fund. At the time of the report, only Norway had contributed to the Fund, in the amount of $100,000.

The earlier report on safety of United Nations personnel (document A/C.5/52/2) covers the period from 1 July 1996 through 30 June 1997, during which time 22 United Nations civilian personnel members lost their lives while performing their duties. Forty-seven staff were held hostage, and many others were raped, beaten, harassed and attacked in the performance of their functions.

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Presented on behalf of the members of the ACC, and based on information from system bodies, offices and missions, the report emphasizes that host governments bear the primary responsibility for the security and protection of staff members, as well as their family members and property. In March 1997, the Security Council issued a presidential statement saying that the host country and others concerned must take all appropriate steps to ensure the safety and security of United Nations personnel and premises. United Nations staff are entitled to enjoy those privileges and immunities which are necessary for the fulfilment of its purposes, according to Article 105 of the Charter.

In an effort to develop ways to improve staff security in the field, the United Nations Security Coordinator held an ad hoc inter-agency meeting on security from 6 to 8 May, according to the report. The Secretary-General invites those States which have not yet done so to become party to the Conventions on the Privileges and Immunities of the United Nations and of the Specialized Agencies, as well as the Convention on the Safety of United Nations and Associated Personnel.

Statements

RALPH ZACKLIN, Assistant Secretary-General for Legal Affairs, introduced the Secretary-General's report on respect for the safety, security and protection of humanitarian personnel. The report was prepared in response to three General Assembly resolutions -- 51/227, 52/167 and 52/126. He asked Member States to consider adopting one coordinated resolution on the matter in the interest of efficiency and so as not to dilute its importance.

He advised Member States, with regret, that between 1 July 1997 and 30 September 1998, 27 staff members had lost their lives. Fifteen had died tragically in aircraft accidents. The remainder had been shot to death, several having been brutally and deliberately targeted. Hostage taking remained a challenge; eight staff had been taken hostage between 1 July 1997 to 30 June 1998. Seven situations were resolved, but, in the eighth incident, Vincent Cochtel remained missing.

The ACC was concerned to establish security training for all staff in the field, he said. An inter-agency programme had been established and was being implemented as resources became available. A trust fund to support that had been established, and he thanked the Government of Norway for its contribution and the Government of Japan for its pledge to the fund.

Arrest and detention continued to be a problem, he said. Of particular concern was the action of the Ethiopian Government to declare United Nations' staff of Eritrean origin working in Ethiopia personae non gratae. At the time of the preparation of the report, 30 staff had been affected, and subsequently 25 had left the country. United Nations staff were not diplomats and could not be declared personae non gratae without giving the Organization the

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opportunity to examine any charges against each individual, and to decide whether United Nations privileges and immunities were involved.

In the absence of vigorous action by Member States, the balance between the twin imperatives of providing assistance and providing security became increasingly difficult, he said. When conditions became excessively dangerous, the Secretary-General might have no option but to withdraw United Nations staff. Staff could no longer be expected to fill vacuums created by political inaction on the part of Member States.

ION GORITA (Romania) said that as 70 per cent of the United Nations financial resources were related to the cost of its human resources, Member States had the right to expect professional excellence from staff. The catalyst for getting top performance from staff was the clear perspective of a financially and morally rewarding career. He shared concerns stated by others about the high number of resignations at P-2 and P-3 levels. If that trend continued, then even the functioning of the Secretariat could be at stake. He suggested that P-3 posts be reserved for the career development of the P-2 employees.

Turning then to the Secretary-General's report on the composition of the Secretariat, he noted that one sixth of the Member States were unrepresented or under-represented, while the number of staff from other countries, including his own, was decreasing. Represented at the lower limit of the desirable range, Romania strongly advocated the merits of the national examination as a selection tool for identifying the best candidates, and as the only method for recruiting to entry levels. He shared concerns expressed previously by the representative of Japan about the long delays in placing candidates identified through the national competitive examination. A Romanian who had been successful in the examination in 1995 was still on the roster.

As more than 1,200 staff were retiring over the next five years, recruitment through national examinations in no way prevented recruitment at more senior levels, he continued. He urged the Secretariat to speed up the process and offer posts to successful candidates. Member States and the Secretariat should give candidates the opportunity to join the Organization while they were still young, thereby rejuvenating the United Nations.

CARLOS DOS SANTOS (Mozambique) said that while Mozambique supported the United Nations reform process, it would not be completed without substantial improvements in human resources management. Mozambique welcomed the streamlining of practices, but sought assurances that accountability and transparency would be preserved. It appreciated the commitment to maintaining a strategy based on decentralization of functions and delegation of authority, coupled with measures for accountability.

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The astonishing levels of resignation of United Nations staff compared to retirement was of serious concern, he said. It was a barometer of the inexistence of clear career definition, opportunities and prospects, and needed to be addressed urgently. Mozambique would like complete and accurate information on the career development of recruited staff. While he supported the Secretary-General's view that new blood was needed, he was not sure how he intended to reconcile that with the contradictory fact of the resignations, which led to an ageing Secretariat. However, he was convinced that the problem could be addressed through better human resource planning and management.

Mozambique attached importance to equitable geographic and gender distribution in the Secretariat, and welcomed the Secretary-General's assurances that those would continue to be addressed by the Office of Human Resources Management. Strong leadership in that Office would be crucial in a decentralized human resources environment.

He said he appreciated that the number of unrepresented and under- represented countries had fallen, although Mozambique remained unrepresented. The national competitive examination remained the best and fairest recruitment method but Mozambique could not support the current system as it was implemented. The Office of Internal Oversight Services had noted that on average only 17 successful candidates were recruited per year. In February this year, for the first time, a national competitive examination had been held in Mozambique; however, there was not much to celebrate in that. No results had been announced so far, and he understood that those who were successful in the written exam must then tackle an oral exam before being considered hireable. The system did not address the concerns of unrepresented and under-represented countries, but perpetuated and reinforced the position of the over-represented. Clear improvements in the bureaucratic processes were needed. Mozambique believed it had sufficient manpower to make a modest contribution to the management of the Organization.

JEAN-BAPTISTE HAJAYANDI (Burundi) said that Burundi attached great importance to reform in general, and to human resources reform in particular. The Organization was now embarking on a new millenium, and Burundi supported the Secretary-General's strategies for it. It was a matter of absolute importance that Member States give due attention to the rules and the text, and to the machinery and the spirit that governed horizontal and vertical communication within the Organization. He agreed that a new recruitment system must be established that would promote better processes. Equitable geographical distribution must be borne in mind in any changes, and young recruits were very important so career development must be organized carefully.

The atmosphere in which people worked must be imbued with peace, security and respect for rights, he said. In view of the International Civil Service Commission's importance, Burundi supported reconsideration of its

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membership, its role and its functioning. It was a good idea to enhance mechanisms to ensure the broadest possible communication on human resources issues. It was a matter of the utmost importance that the Secretary-General's proposals be looked at by all Member States together with staff representatives.

Other Matters

MOVSES ABELIAN (Armenia), Chairman of the Fifth Committee, advised the Committee that the Chief of the United Nations Security and Safety Services, Michael McCann, had responded in writing to concerns raised previously in the Committee by the representatives of Costa Rica and Egypt concerning security arrangements.

JOSEPH ACAKPO-SATCHIVI, Committee Secretary, then read the letter to the Committee.

In response to the Costa Rican representative's question concerning rights of entrance to the premises through the Delegates' Entrance, Mr. McCann had written that, in 1993, mechanized gates had been installed at the entrance. An additional layer of protection was afforded by keeping those gates closed, and consequently it had become necessary for vehicles to wait on First Avenue pending entry. Security personnel at the gates had been instructed to check the credentials of all occupants of any car seeking entry. It was decided that only permanent representatives should use it.

By limiting the number of vehicles, those seeking entry could be subjected to adequate scrutiny, he had written. He noted that the number of arriving vehicles currently using the entrance, exceeded the volume envisioned by the architectural plan for the premises. The sign had been created to clarify for staff the distinct privilege provided to permanent representatives.

Regarding the representative of Egypt's complaint about being temporarily denied access to the car park, Mr. McCann had written that the Service was investigating the complaint and would report in due course.

ALEXEI DVINIANINE (Russian Federation) drew attention to a mistake in the Russian language issue of today's Journal of the United Nations, which incorrectly listed the agenda item under discussion in the Committee today.

The CHAIRMAN added that a similar mistake was in today's French language version of the Journal.

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