MANY UN STAFF FROM RWANDA CURRENTLY UNDER ARREST ARE SUSPECTED OF PARTICIPATING IN 1994 GENOCIDE, FIFTH COMMITTEE TOLD

7 December 1998

Press Release
GA/AB/3277

MANY UN STAFF FROM RWANDA CURRENTLY UNDER ARREST ARE SUSPECTED OF PARTICIPATING IN 1994 GENOCIDE, FIFTH COMMITTEE TOLD

19981207 As Human Resources Management Discussed, Rwanda's Representative Asks If Genocidal Mindset Was Prerequisite for UN Recruitment Pre-1994 Genocide

Had a genocidal mindset been a prerequisite for United Nations recruitment in Rwanda before the 1994 genocide? that country's representative asked the Fifth Committee (Administrative and Budgetary) this morning, as it continued discussing human resources management.

Many locally recruited United Nations staff from Rwanda currently under arrest were suspected of having participated in the 1994 genocide, he continued. The Secretary-General's report on privileges and immunities of United Nations staff failed to indicate that. The report also neglected to mention that at the start of the 1994 genocide, the United Nations Mission in Rwanda (UNAMIR) had evacuated United Nations staff, but had left its locally recruited staff to the mercy of genocidal militia. Such double standards did not help the United Nations in its work.

When the Committee turned its attention to the proposed budget outline for 2000-2001, Indonesia's representative, speaking for the "Group of 77" developing countries and China, stressed the importance of adhering to the priorities set out in the Organization's medium-term plan for 1998-2001. (The medium-term plan is the principal policy directive that provides a framework for the biennial programme budgets.)

The budget should not contain a ceiling or a floor, he continued. Rather, resources must be adequate to implement all mandates approved by legislative bodies. The Secretariat should provide justification for proposed changes in funding levels for various budget parts. In particular, it should explain proposed increases for internal oversight, which was not a priority in the medium-term plan.

Guatemala's representative, speaking also for El Salvador, Honduras, Nicaragua, Costa Rica and the Dominican Republic, said the United Nations budget should contain resources for rapid response mechanisms. The

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international financial crisis and the devastating consequences of Hurricane Mitch and Hurricane Georges illustrated how important it was for the United Nations to be able to direct activities where the need for them was greatest.

Resources for special political missions that were not yet mandated for 2000-2001 should be included in the regular budget, she said. If not, despite political will, the implementation of such missions would be fraught with obstacles.

Japan's representative said that resources for such missions should be included in the budget outline to allow Member States to have a realistic sense of the level of their forthcoming contributions. Japan, whose fiscal situation was difficult, would be contributing more than 20 per cent of the United Nations budget for 2000-2001. There should be zero nominal growth for that biennium.

As the Committee discussed use of the Development Account, Indonesia's representative, again for the Group of 77 and China, said too much emphasis was given to studies for projects, as the United Nations had already done such studies. The Account's resources should be used to fund new projects for developing countries related to priorities set in the medium-term plan. The Secretary-General should review and reformulate the proposals in his report.

The representatives of the Republic of Korea, Democratic Republic of Congo and Cuba also spoke.

Ethiopia's representative spoke on respect for privileges and immunities of United Nations staff regarding the expulsion of locally recruited United Nations staff of Eritrean origin from his country.

The Committee will meet again at 10 a.m. tomorrow, 8 December, to continue discussing the United Nations pension system, the performance report for the 1998-1999 programme budget and the budget outline proposed for 2000-2001.

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this morning to continue discussing the programme budget for the biennium 1998-1999; its review of United Nations administrative and financial efficiency; and human resources management.

In the context of discussing the 1998-1999 budget, the Committee was to look at reports on utilization of the Development Account, as well as the Secretary-General's first performance report for the biennium.

Under review of efficiency, it was to continue discussing the proposed programme budget outline for 2000-2001, while under the agenda item human resources management, the Committee had before it reports on respect for privileges and immunities of United Nations staff.

(For background on reports on the 1998-1999 programme budget, see Press Releases GA/AB/3252 of 29 October, GA/AB/3255 of 2 November and 3265 of 16 November. For reports on the budget outline for 2000-2001, see Press Release GA/AB/3276 of 4 December. For human resources management reports, see Press Release GA/AB/3261 of 11 November.)

On utilization of the Development Account, the Committee had before it a letter to its Chairman from the President of the General Assembly transmitting a letter dated 23 November 1998 from the Chairman of the Second Committee (Economic and Financial) (document A/C.5/53/40). An appendix contains excerpts from the summary records of the thirty-ninth meeting of the Second Committee, when it discussed the Development Account in the context of its consideration of sustainable development and international economic cooperation. Statements during that meeting were made by the representative of Austria, speaking for the European Union and associated States; Japan; Russian Federation; United States; and Egypt.

First Performance Report

Following a proposal by Miles Armitage (Australia), Acting Chairman of the Fifth Committee, the Committee decided without a vote to continue its discussion of the first performance report tomorrow morning.

Statements on Proposed Budget Outline

PRAYONO ATIYANTO (Indonesia), speaking on behalf of the "Group of 77" developing countries and China, said the Group deeply regretted that the Fifth Committee had not been able to commence discussion of the item earlier because of the late issuance of documents. He said that the key principle of the budget process was that resources should be commensurate with requirements to fully implement mandates. The budget outline was a preliminary estimate of

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those resources. The General Assembly had decided in resolution 52/220 that the budget should enable the Secretariat to fully implement all mandated activities.

The Secretariat must respect the priorities of the medium-term plan, he said. The Group noted there were proposals to increase or decrease resources in different areas, and it sought detailed written justifications of proposed increases and decreases, including the legislative mandates for those. In particular, it would like justification for the highest increase, about 5 per cent of the proposed outline, which related to an area that was not a priority in the medium-term plan. The Group noted that the Secretary-General had presented alternatives for dealing with the special political missions which were not in accord with relevant General Assembly resolutions, perhaps to avoid the political problems of recent years about such missions.

On the Development Account, the Group believed that because it was a section of the regular budget, it should be treated in accord with the standard rules and regulations. Proposed resources for it should be included in the budget fascicles for examination by the regular bodies.

The Group noted with concern the Advisory Committee on Administrative and Budgetary Questions (ACABQ) observation regarding the proposed reduction of $20 million, he said. It shared the ACABQ's conclusion that that figure had been arrived at in an arbitrary manner. It should be restored in the budget outline.

The Group also endorsed the ACABQ advice on the level of estimated resources for the 2000-2001 biennium, he said. A number of departments had said that further economies would affect implementation of their mandated work. That should be taken into account. All areas should receive adequate funding for their operation.

On results-based budgeting, he repeated the finding of the Foreign Minister of the Group that the proposal would lead to a radical departure from current planning, financial practices and procedures that had been affirmed by the General Assembly. There must be a thorough consideration by the ACABQ and the Fifth Committee of the more detailed report the Secretary-General had been requested to submit, and no action should be taken until the General Assembly decided what the appropriate action was. Net budgeting should also be further examined.

The Group wished to reiterate that the priorities for the programme budget should reflect the medium-term plan priorities, as approved by the General Assembly, he said. In particular, resources should be increased for development activities. The contingency fund should be used in accord with General Assembly resolution 41/213 [by which the United Nations budgetary process was defined] and subsequent instructions. The Group wished to

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emphasize that there should be no ceiling or floor on the budget. It should be adequate for all mandates approved by the legislative bodies.

BRENDA CASTELLANOS (Guatemala), speaking also for El Salvador, Honduras, Nicaragua, Costa Rica and the Dominican Republic, said adopting the budget of an intergovernmental body was not a trivial exercise. Rather, it was one of the primary occasions for governments to interact with the Secretariat. The budget was the main instrument for setting priorities and could be a measure of an organization's efficiency and effectiveness. As frequently occurred in national public administrations, the demand for resources inevitably exceeded the capacity of contributors. Most Member States would like to have a larger budget and would like to give the United Nations more resources to develop its activities in depth. However, given the austerity of the financial situation of most countries, Member States were resigned to adopting austere budgets for the United Nations in biennium after biennium.

She welcomed the Secretary-General's report submitted in the context of the reform programme and encouraged the Secretary-General to continue on that path. Reform required genuine financial stability so that the process of change could occur in an orderly manner. The conclusion of the reform process should enable citizens worldwide to see the positive side of the United Nations.

The budget outline was different from the final budget to be adopted, she said. That was important to recall in light of international financial turbulence. The outline would be only a part of the budget to be adopted in December 1999. By definition, a budget outline was unfinished. She stressed that the United Nations budget should have sufficient financing for implementing all mandated programmes and should be responsive to the priorities of the medium- term plan. She noted with concern that the Secretary-General's report proposed substantially increasing one budget section which had not been deemed a priority. The budget must include resources for rapid response mechanisms. The effects of the financial crisis in developing economies, and the devastating consequences of Hurricane Mitch and Hurricane Georges, had demonstrated the need for such mechanisms. It was important that the United Nations direct activities where need was greatest.

The provisions of resolution 41/213 should be followed, and the question of the financing of special political missions should be addressed, she said. Despite the best political will, if resources for such missions were not included in the beginning of the regular budget, financial obstacles arose when it came to implementing them. A stable solution to such activities must be found, starting with the next biennium. It was not acceptable that some contributors maintained large arrears. She expressed satisfaction that, despite cuts, funds for international and regional cooperation for development were to be slightly increased in the next biennium.

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KAZUO WATANABE (Japan) said that, despite fiscal difficulties, many Member States, including Japan, were contributing to support the United Nations activities. The United Nations must continue its budgetary and administrative reform, streamlining its expenditures and improving its efficiency. However, that did not mean simply reducing the budget. Efficiency measures should not adversely affect the full implementation of all mandated activities.

He had taken note of the Secretary-General's preliminary estimates for the forthcoming biennium, he said. The purpose of the outline was to enable every Member State to understand in advance the level of contributions it was to bear. Therefore, resources for special political missions should be included in the budget outline, as the ACABQ had recommended. Resources should be secured by means of compensating economies for events foreseen and mandated in the biennium 2000-2001.

The breakdown of the $20 million of anticipated efficiency gains should be shown to Member States in the context of the budget proposal for 2000-2001 budget, he continued. He noted the preliminary estimate for $2.568 billion at 1998-1999 rates for the forthcoming biennium. Japan, whose fiscal situation was difficult, would be contributing more than 20 per cent of that amount. There should be zero nominal growth regarding the level of the budget outline for the biennium 2000-2001.

CHO CHANG-BEOM (Republic of Korea) said that he welcomed the preliminary estimates in the proposed budget outline, which aimed to produce more with less resources. The Republic of Korea had continually supported the Secretary-General's efforts to reform the Organization, and therefore appreciated his efforts to keep the budget at the current level. At the same time, it must be remembered that the goal of reform was not savings but increased productivity. No measures should be undertaken that would adversely effect mandated activities.

He noted that the outline excluded requirements for special political missions and shared the Secretary-General's concern that the current mechanism for financing for those missions was inadequate and might impact on other mandated programmes. It was desirable to provide resources for those missions in advance and, therefore, he supported their inclusion in the outline.

He could not find sufficient justification for, or explanation of the impact of the $20 million in compensating economies mentioned in the outline, he said. Detail justifying the level of compensating economies was required. An adequate place for them would be in the proposed programme budget. The proposal reflected priorities of the medium-term plan. The size of the contingency fund should be maintained at the same level as previously.

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Statements on Use of Development Dividend

Mr. ATIYANTO (Indonesia), speaking on behalf of the Group of 77 and China, said the Group noted that the ACABQ had not analyzed the project costs annexed to its report. He would have welcomed the comments of the ACABQ on those to facilitate allocation of resources. However, the Group was of the view that a considerable amount was proposed for the use of consultants and contractual services, and that needed justification. Too much emphasis was given to resources to carry out studies for projects. The United Nations had already done studies that would allow for implementation.

The Group believed that resources appropriated under budget section 34 (the Development Account) should only be used to fund new projects for developing countries related to priorities set in the medium-term plan, he said. The following criteria should guide the use of such resources. Projects should have a multiplier effect and promote capacity building for developing countries only. Projects should promote regional and interregional cooperation between developing countries, should complement existing activities, and should relate to new activities not already mandated. They should not involve transfer of resources from the regular budget to extrabudgetary activities and should have a strong South-South component.

Regarding the Secretary-General's proposals, the Group noted that some did not conform to the above criteria, he said. The Group wished to request the Secretary-General to review and reformulate the proposals in his report, so as to comply with those criteria, and to report to the General Assembly no later than March 1999. However, it was ready to consider activities in certain project proposals. It believed that monitoring implementation of approved projects and performance evaluation should be strictly in accordance with the rules and regulations on programme planning and programme aspects of the budget. A new procedure for the Development Account should not be contemplated as it was a part of the regular budget.

THOMAS MBALANGA DOBE (Democratic Republic of the Congo) said he attached great importance to the Development Account since it was the first real attempt to take account internationally of one of the major human challenges not yet dealt with: underdevelopment. All theories developed thus far had been vain and illusory. Ill-conceived and adapted strategies had led regions into a vicious cycle that perpetuated this scourge. Only the countries with the characteristics of underdevelopment should benefit from the resources in the Development Account to finance development projects. That would not be diminishing the universal nature of the Organization, but would make the issues a real global concern. The Democratic Republic of the Congo supported the concept of networking for development, he said. Information technology had taken on indisputable importance in international life, and some developing countries without access to those technologies were in the margins of that life. He appreciated the Secretary-General's efforts to include performance indicators to determine

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whether results had been obtained. He also noted that the costings were incomplete, and that staff costs and maintenance costs needed to be included.

Statements on Privileges and Immunities of UN Staff

AZANAW ABREHA (Ethiopia) said Ethiopia wished to provide clarification on the statement made by the Assistant Secretary-General for the Office of Legal Affairs, Ralph Zacklin, in the meeting of the Fifth Committee on Friday, regarding Eritrean nationals declared undesirable aliens by the Government of Ethiopia (see Press Release GA/AB/3275 of December 1). Ethiopia believed that its previous statements and consultations between United Nations staff and the Ethiopian Government would have clarified the circumstances under which the Government had been obliged to request certain locally-recruited Eritrean staff to leave Ethiopia. It had hoped that the Legal Office would appreciate the seriousness and complexity of the matter, given the absolute requirement to take immediate action to avert the danger their illegal activities posed to Ethiopian national security.

He had, therefore, been astonished when the Legal Office had, in effect, indicted his Government for violations of its citizens' human rights and violation of its international obligations, he said. That was not called for, particularly when matters pertained to national security. The Secretariat did not operate in a political vacuum. The Assistant Secretary-General's statement lacked the neutrality and professionalism expected of any United Nations organ or department on matters arising from conflict involving two Member States of the Organization.

The problem was not a simple issue of a misunderstanding between the Government and the United Nations, but a national security issue with its genesis in unprovoked Eritrean aggression and illegal activities of some Eritrean common system staff members, he said. Those Eritrean staff members were active members of the major clandestine network established to destabilize Ethiopia. To that end, they had been given a central role in the "internal war" threatened by the Eritrean leadership. The Government of Ethiopia had clear and practical information on how Eritrea was using and planning to use those staff in the exercise of its evil mission. They had actually been involved in spying. Such activities were incompatible with international civil service.

He said the relevant agreements required staff to refrain from activities which might reflect on their position as international civil servants. Privileges and immunities were granted in the interest of the United Nations and the Economic Commission for Africa (ECA), and not for individuals themselves. Assertions by the Office of the Legal Counsel that measures taken by the Ethiopian Government were in violation of obligations were totally unwarranted and baseless. The code of conduct for United Nations staff and the Standard of Conduct in International Civil Service of 1954 stated, among other things, that political activities including

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acceptance or solicitation of any financial contributions must be regarded as improper conduct for an international official. Privileges and immunities were not applicable under such circumstances, and the United Nations should understand and cooperate, as it had done in the past with other Member States.

The Office of the Legal Counsel was duty bound to reexamine the issue in the context of the national security involved and the two statements of explanation Ethiopia had now provided, he said. That would save him from taking a political stand in a conflict involving two United Nations Member States. He asked what had motivated the Assistant Secretary-General to make his statement and what outcome he had expected. Since when did the office of the Legal Counsel also represent the Organization of African Unity (OAU) and embassies in Addis Ababa? he asked. He assured the Secretariat and the Fifth Committee that Ethiopia respected the organizations of the United Nations system and valued its relations with their dedicated staff.

JEANNE-PIERRE UBALIJORO (Rwanda) said that, for the fourth year, his delegation was dismayed by the Secretary-General's report on privileges and immunities of United Nations staff. The report depicted a distorted picture. Regarding the list of the great many Rwandans under arrest, it failed to highlight that they were suspected of being involved in the 1994 genocide. It also failed to highlight that some of them were suspected of having killed their fellow United Nations staff during the genocide. It neglected to mention that, at the start of the 1994 genocide, the United Nations Mission in Rwanda (UNAMIR) had evacuated United Nations staff members, but left behind its locally recruited staff. The peacekeeping force mandated by the United Nations had chosen to leave staff at the mercy of genocidal militia and colleagues who took up weapons to kill then.

What criteria had been used for recruiting United Nations staff members in Rwanda prior to the 1994 genocide? he asked. He failed to understand how so many United Nations staff members had participated in the genocide. Was a genocidal mindset a prerequisite for recruiting United Nations staff in Rwanda? he asked. Double standards did not help the United Nations in its work.

Other Matters

DULCE BUERGO RODRIGUEZ (Cuba) asked when the Committee would consider perennial and non-perennial activities, and the revised estimates from the Economic and Social Council. Also, when would it take action related to extension of the mandates in Afghanistan and Bougainville? she asked. MILES ARMITAGE (Australia), Acting Chairman, responding to the first question, said the Bureau was waiting for the ACABQ to indicate the availability of its report. A number of issues were to be taken up this week that were not yet on the work programme for a variety of reasons. Committee members would be kept apprised.

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