FIFTH COMMITTEE RECOMMENDS MORE INFORMATION BE PROVIDED ON PROPOSED REGULATIONS FOR NON-STAFF OFFICIALS

Press Release
GA/AB/3410

FIFTH COMMITTEE RECOMMENDS MORE INFORMATION BE PROVIDED ON PROPOSED REGULATIONS FOR NON-STAFF OFFICIALS

The Fifth Committee (Administrative and Budgetary) this afternoon made recommendations to the General Assembly on the proposed regulations governing the status of non-staff officials of the United Nations.

The Committee took that action by approving, without a vote, a draft resolution concerning officials who perform services for the United Nations on a full-time basis, but are not staff members, as well as experts who perform assignments for the Organization (experts on mission). If adopted by the Assembly, the new regulations would form part of the contract or terms of appointment of such officials.

By the terms of the text, the Secretary-General would be requested to undertake consultations on the proposal and to report to the resumed fifty-fifth Assembly session. The report should contain information on the compatibility of the proposed regulations with the existing statutes; the possible impact of the regulations on the independence of expert bodies; and the accountability mechanisms envisaged to enforce the proposed regulations. It should also address the question of whether they would ensure impartiality, neutrality, objectivity and accountability of the personnel referred to in the draft. The text was introduced by the Rapporteur of the Committee, Eduardo Ramos (Portugal).

Another item discussed this afternoon was the financing of the United Nations Interim Force in Lebanon (UNIFIL).

Speaking on behalf of the Arab Group, the representative of Libya insisted that Israel had should pay all the costs resulting from its act of aggression against the headquarters of UNIFIL in Qana, as requested by General Assembly resolution 54/267. Israel had defied the resolution, and its failure to pay the damages negatively affected the financial situation of the Mission, he said.

The representative of Lebanon said that the terrorist policy of Israel, which was the reason behind the destabilization of the Middle East region, had impeded UNIFIL from fulfilling its mission. Failure to pay the damages would create a precedent, which could further endanger the lives of UNIFIL personnel and would add to the financial burdens on Member States.

That position was supported by the representatives of Nigeria (on behalf of the “Group of 77” developing countries and China), Syria and Iraq.

Fifth Committee - 1a - Press Release GA/AB/3410 28th Meeting (PM) 16 November 2000

The representative of Israel expressed regret that the Fifth Committee was undertaking a purely political discussion. Following his country’s withdrawal from southern Lebanon, a Security Council resolution called upon Lebanon to ensure the return of its effective authority in the South, and to proceed with the deployment of Lebanese armed forces as soon as possible. Lebanon had refused to take steps to achieve calm. He called upon the Government of Lebanon to fulfil its remaining obligations, so that peace and security could be achieved at long last.

The representative of the United States also made a statement on the issue.

The representative of Mexico asked a technical question on the proposed budget of UNIFIL, which was answered by Director of Peacekeeping Division Bock Cheng Yeo.

Also this afternoon, as the Committee concluded its general discussion of the United Nations common and pension systems, the representative of Japan said that it was important to maintain the consistency and coherence of the United Nations common system and strengthen the role and function of the International Civil Service Commission (ICSC) as an independent, technical and professional body. Japan regarded the proposed review of the Commission as one of the most important elements in the Secretary-General’s proposals for reform in the field of management.

Advocating a cautious approach to such a review, the representative of the Russian Federation said that it should not become an end in itself. The General Assembly had already made recommendations to improve the functioning of the Commission, and the report of the Secretary-General on strengthening the international civil service did not provide any “specific and special reasons” for undertaking such a review.

Also speaking on this issue were the representatives of Canada (on behalf of Australia and New Zealand), Cuba and Egypt.

The Committee will begin its consideration of the financing of the United Nations Transitional Administration in East Timor (UNTAET) at 10 a.m. tomorrow, 17 November.

Fifth Committee - 3 - Press Release GA/AB/3410 28th Meeting (PM) 16 November 2000

Committee Work Programme

The Fifth Committee (Administrative and Budgetary) met this afternoon to act on a draft resolution on human resources management; to conclude its general discussion of United Nations common and pension systems; and continue its general discussion of the financing of the United Nations Interim Force in Lebanon (UNIFIL).

By the terms of the draft resolution submitted by the Rapporteur of the Committee (document A/C.5/55/L.8), the Assembly would request the Secretary- General to undertake consultations on the proposed regulations governing the status of officials other than Secretariat officials and experts on mission, in particular those elected by the General Assembly and its subsidiary organs, and to report thereon to the resumed fifth-fifth session. The report should contain information on the compatibility of the proposed regulations with the statutes governing the officials in question; the possible impact of the proposed regulations on the independence of expert bodies; and the accountability mechanisms envisaged to enforce the proposed regulations.

Also by the terms of that text, the Secretary-General would be requested to submit additional information on whether the proposed regulations ensure the impartiality, neutrality, objectivity and accountability of the personnel referred to.

[For background information on the United Nations common and pension systems, see Press Release GA/AB 3408 of 10 November; for information on the financing of UNIFIL, see Press Release GA/AB 3409 of 13 November.]

Action on Draft

EDUARDO RAMOS (Portugal), Rapporteur of the Committee, introducing the draft on non-staff officials, said that the text had been approved in informal consultations without a vote. He hoped that the Committee would wish to do the same. The full title of the text was “Proposed regulations governing the status, basic rights and duties of officials other than Secretariat officials and experts on mission and regulations governing the status, basic rights and duties of the Secretary-General”.

The Committee then approved the text without a vote.

Statements

YOICHI NIIYA (Japan) said that Japan had always supported the common system, which allowed each participating organization to avoid otherwise burdensome administrative arrangements and ensured equal and consistent conditions of service throughout the system. It also eliminated unnecessary competition and differences in the conditions of service among participating organizations. It was important to maintain the consistency and coherence of the common system and elaborate the role and function of the International Civil Service Commission (ICSC) as an independent, technical and professional body. The cooperation of the Commission was indispensable in the light of the human resources management reform.

He said that Japan regarded the review of the Commission as one of the most important elements in the Secretary-General’s proposals for reform in the field of management. The ICSC should address overall human resources matters, rather than focus on remuneration of international civil servants. In that connection, a review of the Commission was needed, including its mandate, membership and functioning. He hoped that the Commission could gain more professional ability in the field of human resources management.

Turning to the framework for human resources management, he said that it was one of the most important proposals made by the Commission this year. While taking note of the priority given to some other areas, he would like to stress the importance of equitable geographical representation in international organizations. Efforts should be made to achieve substantial progress in that area, when the framework was elaborated. Regarding the review of standards of conduct, he said that the environment surrounding international civil servants had changed since 1954, and the standards must change as well. He noted with concern that the Commission had not competed its review, or forwarded its conclusions to the General Assembly as requested. He hoped the Commission would submit its report to the General Assembly at its next session.

He then reiterated Japan’s widely shared concern regarding the question of the margin and the base/floor salary scale. There was continued imbalance in the margin by grade, in particular at the narrow margin at the D-1 and D-2 levels. As for the education grant, he noted it was not applied uniformly by all organizations within the common system, which was a cause of concern. He welcomed the recommendation of the ICSC that the education grant should continue to be treated as a benefit payable to internationally recruited staff with expatriate status.

In conclusion, he expressed appreciation to the members of the United Nations Joint Staff Pension Board and noted with satisfaction that the latest actuarial valuation indicated a substantial surplus. If there continued to be a surplus, the Board should consider a reduction in the contribution rate. Participants from the United Nations constituted 65 per cent of those participating in the Pension Fund. However, representatives from the United Nations occupied only 12 out of 33 seats on the Board. If that situation remained unchanged, doubts may arise as to the validity of the report. The number of seats allocated for each organization should be made proportionate to the number of its participants.

DAVID NELSON (Canada), speaking also on behalf of Australia and New Zealand, said that an effective and modern common system was extremely important. The ICSC had an important role to play in maintaining the common system. He strongly supported the Secretary-General’s proposed review of the ICSC, which was a key outstanding element of the reform package introduced in 1997. The review was timely, appropriate and necessary given the changes that had taken place in the way organizations functioned. The ICSC review was a necessary complement to the important package of human resources management reforms. It should include the mandate, membership and functioning of the Commission and should be an independent review under the aegis of the General Assembly, with the ICSC’s involvement.

One of the challenges that the United Nations common system faced was its complexity, he said. An example of that was the pay and benefits system, which was cumbersome and complex. The common system required a modern pay and benefits system that was simple to administer and understand. While he welcomed the proposal to review the pay and benefits system, he also hoped that the scope of the terms of reference for the steering committee would not be too narrow. He urged the ICSC to consider the experiences of the broadest range of public and private sector institutions.

The education grant was another example of administrative complexity within the United Nations system, he said. Changes in the administration of that benefit were required. The recent report of the Office of Internal Oversight Services (OIOS) provided much-needed insight into the administration of the education grant benefit. That report also revealed a system that was cumbersome, prone to error and open to opportunistic behaviour. The common system needed to address such weaknesses and to streamline education grant procedures.

He was disappointed that the ICSC had decided to postpone consideration of the draft standards of conduct for the international civil service, he continued. The General Assembly approved a code of conduct for the Secretariat in 1998. It was time the ICSC approved a code of conduct for the international civil service. Agreement should be reached prior to the next session of the Commission.

He said that sound management of the United Nations pension fund was extremely important, especially given the number of United Nations staff members who would be retiring in the near future. Careful management of the Fund must be a priority. He was pleased to see that the Pension Board was providing benchmarks against which good performance of the Fund could be judged. Despite recent volatility in financial markets, he hoped that the good performance of the Fund would continue. While he thought the rate was high, he supported the Board’s decision to maintain the current contribution rate at 23.7 per cent of pensionable remuneration. He urged continued prudence before any decision was made to either reduce contribution levels or increase benefits. Should consideration be given to increasing benefits, vesting should take place after two years of service, instead of the current five years, to enhance portability. Regarding benefits for divorced spouses, he supported amending the payment facility for meeting family maintenance obligations by removing the requirement for a participant to request that payments.

NIKOLAI V. LOZINSKI (Russian Federation) said that his delegation attached great importance to the work of the ICSC. The large-scale reform process had significantly increased the significance and level of the Commission’s recommendations. Issues related to the conditions of service of Professional and higher levels were of interest to his delegation, and he supported the provisions related to human resources management, which had been prepared by the working group on that issue. As for the draft standards of conduct for international civil servants, this year the Commission had paid a great deal of attention to that matter, but the definitive adoption of the text had been postponed. He hoped that representatives of different organizations would be constructively involved in that work and consensus would be achieved on the draft.

A survey of the pay and benefits system had begun, he continued, and that was a very serious beginning, which required a serious approach. Although the General Assembly had not explicitly entrusted the Commission to begin such a review, he welcomed the initiative. The fundamental task of any reform in that sphere should involve improved effectiveness of the organizations and their secretariats. Any decision on the matter would be premature without an evaluation of the work and qualifications of staff. Mechanisms had been proposed for such a review, including a tripartite task force, which envisioned wide consultations with organizations and personnel. The tripartite nature of the initiative demonstrated that the Commission was trying to improve its methods of work and its cooperation with its partners. Any reform of the pay system should be subject to thorough analysis, both at the ICSC and at the General Assembly.

He went on to underscore the central role of the Commission in determining the conditions of service in the common system. As for the proposed review of the Commission, he did not see the need for it. The General Assembly had already made recommendations to improve the functioning of the Commission. Although the Secretary-General’s report on strengthening the international civil service contained long-awaited answers to many questions posed last year, it did not provide any “specific and special reasons” for such a review, such as had been requested by the General Assembly. The Commission had successfully continued its work in the proper direction. The review should not become an end in itself, and he favoured a cautious approach in that respect.

In conclusion, he expressed regret for the aggressive tone of the statement by a staff representative. Such a negative position was not conducive to improving relations between the personnel and the administration.

Ms. SANCHEZ (Cuba) said that United Nations staff should receive the greatest attention as its most valuable asset. They had suffered during recent years of zero nominal growth, which had caused slippage in promotions, and worsening conditions of service. Cuba welcomed the adoption of the ICSC’s Framework for Human Resources Management as a tool for organizations participating in the common system. It could be used as a basis for the preparation of policies and procedures. Regarding the standards of conduct, after wide-ranging consultations, consensus should be reached so that there was a clear set of principles for the staff in the international civil service. The pay and benefits system was also useful. The connection between merit and pay must also take into account the principles that governed the pay system. She requested more information on the proposal for “broadbanding”. It was important to acknowledge the linguistic competence of United Nations staff and she welcomed the study of that.

It was important to attract and retain staff and promote mobility. She noted the difference between the net pay of United Nations staff and that of the United States civil service. In a 1997 resolution, the Assembly had decided to examine the Secretary-General’s recommendation for a review of the ICSC. Cuba felt that not enough information had been provided yet to justify that review.

AYMAN M. ELGAMMAL (Egypt) asked for clarification regarding the addition of a new paragraph to article 35 of the Regulations of the Fund, on benefits for the divorced spouses of a former Pension Fund participants.

On the issue of domestic partnerships, he said that the report said that the Chief Executive Officer would submit a preliminary study to the standing committee, providing background material and information on developments at both the national and the international levels. The study would cover current social trends and would not be limited to examining only “domestic partnership”. The United Nations was an international, multicultural organization. It should not study proposals that ran counter to the views of many Member States, particularly regarding same sex marriage. The standing committee must cease any study on such partnerships until such issues could be agreed on internationally. Until that happened, he could not accept such a study.

The Committee then turned to the financing of the United Nations Interim Force in Lebanon (UNIFIL).

Speaking on behalf of the Arab Group, KHALIFA O. ALATRASH (Libya) said that in paragraph 14 of resolution 54/267 the General Assembly had requested Israel to pay all the costs resulting from its act of aggression against the headquarters of UNIFIL in Qana. Necessary measures should be taken to guarantee the full implementation of that resolution. In his report on the financing of UNIFIL, the Secretary-General had made it clear that Israel had yet to implement it. Israel should pay restitution for its criminal act of aggression, which had resulted in considerable damage and in numerous deaths. Israel defied the resolution, and its failure to pay the damages negatively affected the financial situation of the Force.

The shelling of UNIFIL headquarters had been a premeditated and deliberate act, he continued, which led to damages in the amount of over $1.28 million. A precedent of non-payment would increase the danger for United Nations and associated staff, and the Arab Group urged the international community to once again adopt a resolution holding Israel accountable for the deliberate damage to UNIFIL headquarters, and force Israel to shoulder its responsibility. It was important to include information about the Qana incident in relevant reports, and the Advisory Committee on Administrative and Budgetary Questions (ACABQ) should explain the status of the amount of damages in the account of the Mission.

The United Nations Interim Force was playing a positive role under difficult conditions in Lebanon, he said. It would be unfair for other Member States to bear the financial burden for Israel’s act of aggression. The leaders of Tel Aviv were still committing massacres against civilians, destroying their homes and forcing them to flee from their country. There were many examples of that. The Qana massacre in South Lebanon was one of those examples. The United Nations was not spared because of its international status, despite the United Nations Charter to which all Member States had committed. Refugees and citizens in South Lebanon had taken refuge at UNIFIL, seeking safe haven there. However, that did not deter Israeli aggressors. Tel Aviv leaders did not respect the international community and failed to implement relevant United Nations resolutions. Those were war crimes, for which international tribunals were established these days.

Israeli leaders also enjoyed protection from a powerful State, he said. As a result, they enjoyed immunity at the United Nations, even if that meant arbitrary use of the right of veto. How could resolutions be enforced in that context, he asked. How could Israel demand reparations for war crimes committed by the Nazis if they themselves did not implement resolutions requesting them to pay retribution?

HASSAN MOHAMMED HASSAN (Nigeria) speaking on behalf of the "Group of 77" developing countries and China, supported the position of the Arab Group. He said that relevant resolutions should be implemented as soon as possible.

YAACOV AVRAHAMY (Israel) said he was amazed at the uncivilized words of the Libyan delegate. He regretted that Fifth Committee deliberations were being used for a purely political discussion. Israel had withdrawn its forces from southern Lebanon. Lebanon had taken no steps to prevent or discourage dozens of attacks against Israel. It had refused to disarm the military groups that had perpetrated those violations. Recent incidents included the kidnapping of three Israeli soldiers. Those soldiers were being held hostage. Such acts were in direct violation of Security Council resolution 425, which called for restoration of international peace and security. Security Council resolution 1310 called upon Lebanon to ensure the return of its effective authority in the south and to proceed with the deployment of Lebanese armed forces as soon as possible. Lebanon refused to take steps to achieve calm. Now that Israel had withdrawn, he called upon the Government of Lebanon to fulfil its remaining obligations so that peace and security could be achieved at long last. Israel held Lebanon and Syria responsible for acts of aggression. It would do its utmost to achieve peace in the Middle East, including with Lebanon and Syria. He hoped the call for peace would soon be answered.

ERNESTO HERRERA (Mexico) asked why the budget for UNIFIL excluded provisions for the support account and Brindisi. He asked if it was a custom not to include those amounts in a peacekeeping budget.

HOUSSAM DIAB (Lebanon) said that Israel’s refusal to withdraw from Lebanon had impeded the peacekeeping force from carrying out its mission. The terrorist policy of Israel was the reason behind the destabilization of the Middle East region and had impeded UNIFIL from fulfilling its mission in accordance with resolution 425. Israel had to comply with legitimate resolutions. It was ironic and rude that the representative of the aggressor would offer instructions on the implementation of those resolutions while the Israeli courts themselves allowed hostages to be taken and deprived people of a fair trial. The Israeli Government took even children hostage. Its rulers had ordered the bombing of the Lebanese infrastructure. The United Nations was not the supreme court of Israel and it was not applying the teachings of the Israeli Knesset. The United Nations Charter called for respect of the human rights and fundamental freedoms of all people. The aggression had no justification whatsoever. The Assembly’s position was based on an attack by Israel and the killing of women and children. That was why Israel should pay reparations. Failing to do so would endanger the lives of UNIFIL personnel and add to unwarranted financial burdens on Member States. Such crimes against peacekeeping troops should not be repeated.

ABDOU AL-MOULA NAKKARI (Syria) supported the position of the Arab Group and the Group of 77 and China. The item under consideration was well-known to the Committee. It was a request for Israel to pay for the damages to the Headquarters of UNIFIL at Qana. The failure to pay would constitute a grave precedent. The damage was the result of a deliberate act of aggression against peacekeepers working for the United Nations, which -– if not addressed properly -- could lead to acts of violence against international peacekeepers in the future. The aggressor should be held responsible for this heinous crime.

He said that he also wanted to place on record his astonishment at the statement by the representative of Israel. The international community could not be blind to the fact that Israel was promoting itself as an advocate of peace. It was enough to watch television to know that such a claim could not be swallowed by anyone. Killings, oppression and bombardments were reflections of the barbaric character of occupation forces as far as people in the occupied territories were concerned. The representative of Israel was forgetting that his country was still threatening Lebanon, Syria and Palestine.

Peace could not come through ignoring the legitimate international resolutions and demands to withdraw to the line of June 1967, he continued. That demand was indispensable for any progress in the peace process. The developments in Palestine demonstrated what kind of peace Israel was seeking. The claims to peace advanced by Israel were unfounded. It was time for Israel to implement relevant resolutions and to pay for the damages resulting from the attack on Qana.

MOHAMMED MOHAMMED (Iraq) said that it was only fair that a perpetrator of an illicit act should assume responsibility for the damage. The party which had committed aggression was Israel. The victims were Lebanon and the United Nations. For that reason, it would not be fair for the Organization to assume responsibility for the damages resulting from the incident at Qana. It was important to implement international law, and he called on all countries to ensure that relevant resolutions were implemented. The aggression could not be concealed -- it was clear to all.

Mr. AVRAHAMY (Israel) said he was not going to answer the cynical accusations of representatives of “dark totalitarian regimes”. As for the incident at Qana, he wanted to clarify that the Hezbollah had deliberately set their camp close to the UNIFIL headquarters at Qana, and Israel had warned the United Nations about that proximity. The Hezbollah fired dozens of Katyusha rockets from that position. Israel could not allow that situation to continue, and after three days of bombing and after numerous warnings, Israel acted in response to the provocation. He deeply regretted the incidental loss of life that followed, but it was Hezbollah that started the incident, for which it should bear full responsibility. The decision to place the cost on his country alone was a one-sided and unprecedented initiative.

CHRISTOPHER WITTMANN (United States) said that the Fifth Committee was a budgetary and administrative committee. The issues being discussed were not directly related to its agenda items and would be more properly discussed in other forums.

Mr. DIAB (Lebanon) said that the discussion did fall within the purview of the Committee. It could not finance aggression against the United Nations or the women and children who had sought refuge under the United Nations flag. Aggression against the Qana headquarters was not a mere allegation. UNIFIL was sent to protect civilians against Israeli occupation, and not the opposite. Were attacks on a family of 12 -- the youngest a four-year-old -- not intentional? Was firing by Israeli gunboats on civilian cars and ambulances carrying victims not intentional?

Mr. NAKKARI (Syria) said that the Committee was faced with an arrogant distortion. It was wrong to pretend that Israel was an island of democracy in the region. Old and young alike were being killed by Israeli war criminals. That “democracy” had only created war and State criminals. Israeli forces had withdrawn from southern Lebanon. But it was the so-called Hezbollah that had forced Israel to leave the Lebanese territory. They had been forced to leave.

Mr. ALATRASH (Libya) said that the statement by the representative of the Zionist entity included distortions of the truth and attempts to deceive the international community. Everybody knew what the Zionist entity was and who supported it. Civilians had taken refuge with the United Nations force, but obviously the Zionist entity did not respect the international organization. Crimes by the Israeli entity resulted in massacres of civilians, including children. The world saw that on television screens. Israel also defined children as terrorists deserving death. That was the policy of Israel.

It was really strange that the representative of the Zionist entity spoke of peace, while it killed the faithful in mosques, he said. The question was, since when was Israel inclined to peace? It had always built its might on the bodies of its victims. Israel was guilty of State terror. Unfortunately, the Security Council did not move to address the problem because of the veto power.

Responding to a previous question, BOCK CHENG YEO, Director of the Peacekeeping Financing Division, said that the budget figure for UNIFIL in paragraph 7 of the Secretary-General’s report excluded provisions for the United Nations Logistics Base at Brindisi. That paragraph should be read in connection with the preceding paragraphs. Paragraph 7 was an attempt to compare the actual costs of the Force during 1999 and 2000 with the proposed budget, and therefore excluded the support account amount.

Other Matters

CLAUDIA PETROSINI (Venezuela) proposed that the Committee not have any working meetings on the day following the Thanksgiving Day holiday.

Mr. HERRERA (Mexico) said that he had wanted to make the same suggestion.

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