Resumed Fifty-fifth General Assembly                        GA/AB/3427/Rev.1*

Fifth Committee                                             14 March 2001

45^th Meeting (AM)

HIGHEST JUSTICE STANDARD SHOULD BE UPHELD IN INTERNATIONAL TRIBUNALS,

FIFTH COMMITTEE TOLD

The highest standard of justice should be upheld within the International Tribunals for Rwanda and the Former Yugoslavia, the Fifth Committee (Administrative and Budgetary) was told this morning as it met to discuss a number of items on its agenda.

Speaking on behalf of the European Union and associated States on the issue of possible fee-splitting arrangements at the Tribunals, the representative of Sweden said such arrangements between defence counsel and detainees constituted a flagrant violation of the accepted norms and could lead to a proliferation of frivolous procedures with the purpose of delaying the course of justice and artificially increasing costs.  Those accused of genocide should not have an opportunity to enrich themselves at the expense of the international community.  It was important to put an end to such abuses. 

When the Committee turned to the question of human resources management, Mongolia’s representative said that a well-defined division of functions between the General Assembly and the Secretary-General was fundamental to the efficient functioning of the Organization.  Despite efforts made, nearly half of Member States, mostly developing countries, still continued to be unrepresented at the

D-1 level and above.  He hoped that special attention would be given to candidates from unrepresented and under-represented countries.

In the context of the same discussion, Japan’s representative noted the low representation of Japanese nationals at the senior level -- there were only five Japanese representatives at D-1 level and above. 

During discussion of the 2000-2001 Programme Budget, Israel’s representative welcomed progress made in implementing the Integrated Management Information System and expressed concern over difficulties in applying it to peacekeeping missions.  It was perplexing that with plans in place to move the whole application to the Web, the missions could not access the System through the Internet.  Attention should also be given to possible security breaches on the Internet. 

Also discussed this morning were agenda items on financing of the International Tribunal for the Former Yugoslavia. 

___________

*     Reissued to more accurately reflect the statement by Sweden on behalf of the European Union.

Fifth Committee - 1a - Press Release

45^th Meeting (AM)

Introducing reports to the Committee were:  Under-Secretary-General for Internal Oversight Services Dileep Nair; Director of the Budget Division Warren

Sach; Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ) Conrad S.M.Mselle; and Chief of the Compensation and Classification Policy Unit, Office of Human Resources Management, Marianne Brzak-Metzler. 

Several representatives of the Secretariat also responded to questions and comments from the floor, including Mr. Nair; Assistant Secretary-General for Central Support Services Toshiyuki Niwa; a representative of the Information Technology Services Division Roz Gian Piero; Director of Operational Services Division Denis Beissel; and Director of the Interpretations, Meetings and Publishing Division Adolfo Crosa.  An Inspector of the Joint Inspection Unit, Eduard V. Kudryavtsev, also spoke.

Statements were also made this morning by the representatives of Argentina, United States, Iran (for the “Group of 77” developing countries and China), India, Norway and Syria.

The Committee will continue its work at 10 a.m. tomorrow.

Background

This morning, the Fifth Committee (Administrative and Budgetary) was scheduled to consider several issues in connection with the review of the administrative and financial functioning of the United Nations and financing of the two international Tribunals.  It was also expected to conclude its general discussion of the matters within the framework of the programme budget for the current biennium, the question of senior-level appointments and its agenda item on the Organization's administrative and budgetary coordination with special agencies.

Review of Efficiency of Administrative and Financial Functioning

Of United Nations

The Committee had before it a note by the Secretary-General transmitting a report from the Office of Internal Oversight Services (OIOS) on its follow-up audit of the implementation of United Nations procurement reform (document A/55/746).

The report notes that in 1997 the Oversight Office reviewed the status of the procurement reform and subsequently presented its conclusions to the General Assembly.  The current follow-up audit was to verify that recommendations had been implemented and to identify areas needing further improvement. It was carried out from November 1999 to May 2000 and reviewed 51 procurement cases from the Procurement Division valued at $116 million.

Some $318 million and $468 million respectively in goods and services were procured by the United Nations in 1998 and 1999.  The increase in 1999 was due largely to increased requirements for peacekeeping missions.  In 1999, the Procurement Division carried out 81 per cent of all United Nations procurement, valued at $378 million.

The Oversight Office reports that management had implemented most of its recommendations from its March 1998 report, and that the Procurement Division had improved procedures and streamlined documentation for the Headquarters Committee on Contracts.  It had also encouraged developing countries’ participation through seminars organized in 1999 and 2000.  Overall, there had been a significant improvement during the period -- a judgement echoed by members of the Fifth Committee, the Advisory Committee on Administrative and Budgetary Questions (ACABQ) and the Special Committee on Peacekeeping.

However the report notes some issues that still need to be resolved.  Under the financial rules, contracts with a single contractor for single or related requisitions worth more than $200,000 must be submitted to the Headquarters Committee on Contracts for review.  Application of a calendar year as a parameter for linked purchases may create a gap in this control mechanism which would not occur if the reference period were 12 months prior to an award.  Therefore, the current interpretation of financial rule 110.17 (a) should be re-examined.  Any proposed modification of the rules should be formally initiated and transmitted by Central Support Services to the Under-Secretary-General for Management for approval.

Decisions to procure air transport services through letters of assist with governments were not adequately documented and were taken unilaterally by the Department of Peacekeeping Operations, the report notes.  This meant that the conditions for using letters of assist may not have been met, and the Under-Secretary-General for Peacekeeping Operations should ensure that such decisions are made only after determining that conditions for letters of assist have been met and are fully documented.

The report also recommends seeking feedback from air transportation vendors who did not respond to invitations to bid, given that sustained efforts to increase the vendor base have not adequately extended participation, and using that feedback to develop additional strategies to encourage prospective bidders.

The Headquarters Committee on Contracts recommendation to rebid a contract for provision of inspection services under the oil-for-food programme was not implemented in a timely manner, the Oversight Office notes, and its contract terms did not adequately protect the Organization's interests and resulted in questionable charges for deployment and travel.

The Oversight Office recommends the Assistant Secretary-General for Central Support Services ensure that recommendations by the Office of Legal Affairs and the Headquarters Committee on Contracts on procurement matters are fully implemented, and decisions not to accept such recommendations are properly documented.

The Oversight Office review showed that the Procurement Division did not adequately monitor low-value procurement cases assigned to procurement assistants, and that procurement processing times for some of those appeared excessive -- exceeding 100 days.  Assignments given to procurement assistants include target completion dates, and major departures from those dates must be approved by supervisors.

Comments from relevant offices have led to revisions in the report, and are sometimes reproduced in it.  According to the Secretary-General’s note of transmission, he is pleased at progress made in procurement reform efforts and that the Oversight Office states that the Department of Management has satisfactorily implemented most previous audit recommendations.  The Secretary-General takes note of the findings and concurs with the recommendations made in the present report, which aim at improving the United Nations procurement process.

Also before the Committee was the report on the inspection of the outcome of the consolidation of the three economic and social departments into the Department of Economic and Social Affairs (document A/55/750) prepared by the OIOS.

The report says that since the consolidation in 1997, the Department's support to intergovernmental processes has become proactive, comprehensive and effective.  Its coordination of inter-agency affairs acquired a new dimension, catalysed system-wide cohesion and enhanced unity of action in the social and economic areas.

However, the OIOS found instances when the strategies for change had lost momentum or were distorted into pro forma exercises, the report states.  Compartmentalization still exists in some areas, with interdisciplinary teamwork remaining an exception rather than the norm.  Accountability should be consistently applied to the discharge of the Department's enhanced responsibilities and should be subject to periodic review at the highest level.

The report recommends a comprehensive long-term plan of action to strengthen the Department's substantive support to the work of the functional commissions of the Economic and Social Council.  Part of such a plan should be devoted to establishing a viable mechanism for promoting mutually supportive policies among the United Nations agencies and organizations in pursuance of the cross-cutting socio-economic goals set by the Organization's conferences and summits.

According to the report, a set of measures should be introduced to secure sufficient resources for evaluation of the operational activities for development of the United Nations, including seeking extrabudgetary funding.  Concurrently, the capacity for relevant in-house research and evaluations should be further developed through training, streamlining work processes and more effective research methodologies.

The report also recommends the development of monitoring modalities concerning the implementation of decisions by the Executive Committee for Economic and Social Affairs.  Strategic coordination at the top inter-agency level should be translated into effective cooperation in specific areas at the lower levels of the subsidiary machinery of the Administrative Committee on Coordination (ACC).  The Department should review the current arrangements for monitoring, evaluating and reporting on Development Account projects and develop modalities ensuring that those functions are carried out comprehensively and effectively.

Building on the positive experience gained through the work of four existing thematic groups on poverty, financing for development, African development and non-governmental organizations, the Department should ensure that interdisciplinary interaction becomes a permanent feature of its work culture, the report states.  Also, the Department should consider ways to develop the Information Support Unit into an effective, forward-looking centre for solving information and communication technology problems, skills promotion and the exchange of experience and a facilitator for access to technological information.

The report also covers the functions, organizations and programme performance of the Department of Economic and Social Affairs; policy support to intergovernmental bodies; coordination issues; programmatic fusion; and management issues.  Annexed to the report is an organization chart of the Department.

Also before the Committee was a note by the Secretary-General transmitting a report of the Office of Internal Oversight Services on the inspection of the consolidation of technical support services in the Department of General Assembly Affairs and Conference Services (document A/55/803).  In his note, the Secretary-General states that he concurs with the recommendations and that measures are being taken to correct the issues addressed in the review. 

The inspection found that the establishment of the Department has enhanced the efficiency of the services provided to Member States.  The technical secretariats of most of the intergovernmental and expert bodies based in New York have been consolidated in one department.  Meetings scheduling and document processing are now part of a coordinated process in which demands and priorities are balanced under the guidance of a single department head.  The streamlining of technical support services has also reduced the time-consuming interdepartmental consultations of previous years.

In light of its inspection, the Office makes a number of recommendations that it states have been accepted by the management of the Department of General Assembly Affairs and Conference Services. 

Among those recommendations is that the Under-Secretaries-General for General Assembly Affairs and Conference Services and for Disarmament Affairs should take immediate steps to ensure that decisions taken by them to enhance the provision of technical and substantive services to the General Assembly and its subsidiary committees are fully complied with by the staff of their respective departments.  The Under-Secretary-General for General Assembly Affairs and Conference Services should initiate a discussion in the senior management group on the need for department heads to enforce compliance with document submission requirements, underscoring the cost to the Secretariat and Member States of delayed documentation, the Office further recommends. 

With immediate effect, the Under-Secretary-General should request all section/unit chiefs to establish written criteria to measure the quality of their unit’s performance.  Also with immediate effect, the Under-Secretary-General should issue directives to all section/unit chiefs to prepare operational guidelines for their respective areas of work.

The Under-Secretary-General should initiate discussions with the Committee on Conferences to identify meeting demands in order to adjust servicing capacity and limit meeting duration.  Mechanisms or guidelines for meetings or conferences should be established, in consultation with the Committee on Conferences, to ensure that extended meetings are an exception and not the rule.  Such guidelines should bear in mind the budgetary implications of extended meetings, as well as the toll that extended meetings take on the well-being of staff.

The Department needs to institutionalize the Performance Appraisal System (PAS) and hold programme managers accountable for non-compliance.  Directives to that effect should be issued immediately by the Under-Secretary-General for General Assembly Affairs and Conference Services to all section heads, and an advisory committee should be established to monitor and report on implementation to the Under-Secretary-General.

International Criminal Tribunals

The Committee had before it a note from the Secretary-General containing a report of the OIOS on the investigation into fee-splitting between defence counsel and indigent detainees at the International Criminal Tribunals for Rwanda and for the Former Yugoslavia (document A/55/759).  In the note, the Secretary-General states he takes note of the Oversight Office’s findings and concurs with its recommendations.

The report explains that the investigation was undertaken in response to a request from the United Nations Controller, in June 2000.  The request followed a report from the Expert Group to Conduct a Review of the Effective Operation and Functioning of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda (document A/54/634), which made reference to such fee-splitting arrangements.

The Oversight Office found evidence that several former defence counsels assigned at both Tribunals have either been solicited and/or had accepted fee-splitting arrangements made to them by their respective clients.  One current defence counsel at the Rwanda Tribunal rejected a detainee's request for fee-splitting and informed the Registrar.  They found evidence that some defence teams at the Rwanda Tribunal had made gifts to their clients or their clients' relatives, and provided other forms of indirect support, and that some at both Tribunals had hired friends or relatives of their clients as defence investigators.

Oversight Office investigators determined that efforts by both Registries to address this had not yet produced evidence to prove fee-splitting arrangements continued, the report states.  However the Oversight Office found credible information about possible ongoing arrangements between detainees and counsel.  This evidence needed to be developed, refined and corroborated by investigations.  Because of limited time for the review and continuing efforts by Tribunal Registries to address the problem, the Oversight Office will continue investigations in consultation with the Registries and report as necessary.

The present report shows that fee-splitting is linked with other related matters, such as:  problems in verifying claims for indigence submitted by the suspects and accused; the process of selecting and changing assigned counsel; fees paid to defence teams; and the use by defences of frivolous motions and other delaying tactics.

In response to this Oversight Office report, the Rwanda Tribunal noted that the investigation was carried out with due transparency and collaboration from the Tribunal.  The former Yugoslavia Tribunal believed current problems would be resolved by having a stringent and well-formulated Code of Professional Conduct for Defence Counsel, the creation of which is under way.

The Committee had before it the addendum to the report of the Secretary-General on the financing of the International Tribunal for the Former Yugoslavia (document A/55/517/Add.1) concerning the establishment of a pool of ad litem (temporarily appointed) judges in the International Tribunal for the Former Yugoslavia and enlargement of the membership of the Appeals Chamber of the International Tribunals for the former Yugoslavia and Rwanda.  The report states that estimated additional requirements for those purposes in 2001 would amount to $5.28 million gross ($4.89 million net) with addition of 54 posts.  That would bring the total resource requirements for the Tribunal for 2001 to $117.74 million gross ($105.1 million net).

Also before the Committee was the Secretary-General's report on conditions of service of the ad litem judges of the International Tribunal for the Former Yugoslavia (document A/55/756).

Referring to his report to the General Assembly on financing of the Tribunal (document A/55/517), the Secretary-General recalls the Tribunal's rapid and continuous expansion, as well as proposals made, as part of the medium- and long-term measures to improve its operations, to expand its trial capacity by introducing the use of ad litem judges.

The Secretary-General further recalls Security Council resolution 1329 (2000) of 30 November 2000, by which the Council, acting under Chapter VII of the United Nations Charter, decided to establish a pool of ad litem judges in the Tribunal.  Under article 13 ter, paragraph 1 (e) and 2 of the Statute of the International Tribunal for the Former Yugoslavia, ad litem judges shall be elected for a term of four years and they shall not be eligible for re-election.  Article 13, paragraph 1 (a) states that they shall benefit from the same terms and conditions as the permanent judges, but would only be entitled to receive benefits on appointment to serve on one or more trials.

According to the report, the Secretary-General would propose that the conditions of service approved by the General Assembly for the judges of International Tribunals and their travel and subsistence regulations should be applied to the ad litem judges.  If that approach were to be approved, the ad litem judges would receive an annual salary of $160,000, pro-rated for length of service; travel costs and subsistence benefits; education allowance, including reimbursement up to $15,561 for the actual cost of educating their disabled children; survivors' lump sum benefit; general conditions; and medical insurance.

Ad litem judges shall not be entitled to pension benefits, the report continues.  A judge who is receiving a pension after having retired from the International Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda or the International Court of Justice would not continue to receive a pension during the time served as an ad litem judge.  Any period of service as an ad litem judge would not be counted towards and added to years of qualifying service that a judge might have with the International Tribunals or the International Court.

The report points out the Organization's recognition of the need to make provision for disability payment in respect of a service period.  An ad litem judge found to be unable to perform due to ill health or disability would be entitled to salary for the service period.  There would be no liability beyond that period.  However, ad litem judges would not be eligible to receive relocation allowances.

Referring to the General Assembly's decision that the conditions of service of members of the International Court of Justice and the two International Tribunals should be reviewed at its fifty-sixth session, the Secretary-General states that any proposed adjustments would also be applied, where appropriate, to ad litem judges.  He recommends that the Assembly approve the proposed conditions of service of ad litem judges.

In a related ACABQ report (document A/55/806), the Advisory Committee states that the revised requirements of the Tribunal for 2001 amount to $113.77 million gross ($101.34 million net), inclusive of the additional resource requirements related to support for the ad litem judges.  The Advisory Committee has been notified of the availability of resources, including the unencumbered balance in 2000 and anticipated interest income during the period 2000-2001, which would cover the additional requirements in their entirety.

Accordingly, the Committee recommends that the General Assembly take note of the Secretary-General’s estimate, granting him the commitment authority in an amount not to exceed $5.28 million gross ($4.9 million net).  The additional appropriation could be considered in the context of the performance report on the International Tribunal for the Former Yugoslavia to be submitted in the autumn of 2002.

The ACABQ points out that in evaluating the necessity of a number of the entitlements and allowances proposed in the report of the Secretary-General, it has taken into account the temporary nature of the ad litem judges' service.  It agrees with the Secretary-General's recommendations regarding providing them with the annual salary of $160,000, prorated for the length of service, with application of the floor-ceiling measures.  It also approves application of the same travel and subsistence regulations as those in effect for the permanent judges of the two Tribunals. 

Agreeing with the proposal that due to the limitation of their length of appointment, ad litem judges should not be eligible for payment of relocation allowances, the Advisory Committee states that a similar approach should have been taken with regard to a number of other conditions of service, including the education allowance and the lump-sum survivor benefit.  While the Advisory Committee is in broad agreement with the general conditions proposed by the Secretary-General, it is of the opinion that a requirement for actual residence at The Hague may be onerous.  It also recommends that disability payments be limited to injury or illness attributable to service with the Tribunal.

Statements

DILEEP NAIR, Under-Secretary-General for Internal Oversight Services, introduced the OIOS reports on the implementation of procurement reform (document A/55/746), consolidation of the three economic and social departments into the Department of Economic and Social Affairs (document A/55/750) and on consolidation of technical support in the Department of General Assembly Affairs and Conference Services (document A/55/803).

The report on procurement reform was the second follow-up audit on that subject, he said.  Significant progress had been achieved following the first such audit in 1997.  The latest report concentrated on the implementation of previous recommendations and identification of future improvements to streamline procedures and increase the objectivity and transparency of the process.  Several areas that required management’s attention had been identified.  Both the Department of Management and the Department of Peacekeeping Operations had accepted the OIOS recommendations and made initial steps to implement them.

Regarding the Department of Economic and Social Affairs, he said that the OIOS inspection had resulted in a number of recommendations, including those to ensure more effective interaction among the relevant bodies; improve evaluation of development cooperation activities and develop the monitoring modalities to ensure follow-up on executive decisions and development account projects. It was important to develop information and communication technology and identify resources to promote successful projects.  Overall, the OIOS believed that the amalgamation of departments had resulted in the strengthening of the way issues were addressed at the intergovernmental level.

Turning to consolidation of technical support services within the Department of General Assembly Affairs and Conference Services, he said efficiency of services provided to Member States had been enhanced.  The OIOS recommended continued and increased use of information technology and addressed the issues of improved document submission, operational guidelines, client feedback and performance measurement.  He concluded by thanking Member States that had responded to the OIOS questionnaire on the Department's services.

GUILLERMO KENDALL (Argentina) noted that the report on the Department of General Assembly Affairs and Conference Services was generally positive on the achievements of the Department.  He wanted to express gratitude to the head of the Department for the effective consolidation of its services.  As shown in the report, Member States could now identify future improvements in the work of the Department.  However, there was no significant improvement in the distribution of documents, and greater attention should be devoted to that matter.  It was important to continue experiments on the use of technological advances within the Department.  He also agreed with the recommendation on the advisability of considering future requirements and the services of the Department.

M. DEBORAH WYNES (United States) noted the improvement in the procurement procedures and urged the Organization to quickly implement the recommendations of the OIOS.  Concerning the report on the Department of Economic and Social Affairs, she also stressed the need to implement the recommendations contained

in it.  In just three years the consolidated Department had provided important services which were of benefit to the Organization.  She supported regular reviews of the Department, which were in keeping with improving the evaluation capabilities of the Organization.

SEYED MORTEZA MIRHOMMAD (Iran), speaking for the “Group of 77” developing countries and China, said he would not have a substantive statement at this time because of the late issuance of the documents.  The documents were very important to developing countries, especially the report on the consolidation of the three departments.  He drew attention to the language of the relevant Assembly resolution on pattern of conferences, which required that an explanation be made to the Committee on late submission of documents. 

RAMESH CHANDRA (India), Committee Vice-Chairman, speaking in his national capacity, said he supported the statement of the representative of Iran on the issue of late submission of documents.  His area of interest was procurement reform.  The Group of 77 had had recorded its praise on a number of occasions for the streamlining of procurement procedures undertaken by the Procurement Division.  That had led to increased transparency and objectivity in the procurement process. 

He then asked Mr. Nair of OIOS for clarification on some of the aspects of the recommendations in the report.  Among these regarded the use of the phrase “when appropriate” in recommendation D on page 3 -- he wondered why that had been included.  He welcomed and supported the recommendation that a market survey of available air transportation services contractors be conducted.  He would prefer a time-bound exercise in that regard.  He agreed with the observation that management of low-value purchases should be enhanced.  Much closer liaison of procurement efforts between the Field Administration and Logistics Division (FALD) and the Procurement Division was also to be supported.

Mr. NAIR of OIOS said he regretted the delay of issuance of the reports.  Much of the delay was due to waiting for responses from the departments concerned and to the care taken in carefully reflecting their comments.  He assured the Committee that an effort would be made to respect deadlines in the future.

The issues raised by India would be given full attention and a response would be made, he said.  The Procurement Division had given assurance that the implementation of the recommendations in the report would be followed up on, and the Oversight Office would monitor the follow-up.

Mr. NAIR then introduced the report of the Office of Internal Oversight Services on the investigation into fee-splitting between defence counsel and indigent detainees at the International Criminal Tribunals for Rwanda and for the Former Yugoslavia (document A/55/759). 

WARREN SACH, Director of the Budget Division, introduced the report on resource requirements for the use of ad litem judges in the International Criminal Tribunal for the Former Yugoslavia (document A/55/517/Add.1).  Since the Security Council authorized establishing a pool of ad litem judges and enlarging the appeals chambers of both Tribunals last November, the statute of those courts had been amended accordingly.  The Secretary-General’s report before the Committee reflected the total resource requirements in that respect.  The conditions of service of the temporary judges were described in the report contained in document A/55/756.  The proposals were based on the use of six ad litem judges and an increase of 54 posts to deal with the increased workload of the Tribunal. 

The current financial status of the Tribunal indicated that sufficient resources were available, he continued, which would cover the additional appropriations sought.  Accordingly, no additional assessment would be necessary for the use of six ad litem judges in 2001.  However, additional appropriations would be required at some point.  Thus it would be appropriate to further address the issue at the end of the fifty-sixth session.

Introducing Secretary-General’s report contained in document A/55/756, MARIANNE BRZAK-METZLER, Chief of the Compensation and Classification Policy Unit, Office of Human Resources Management, said that it described the conditions of services of ad litem judges.  The report was brief, and the Secretary-General’s proposals were guided by the provisions of the statute of the Tribunal.  The conditions of service of temporary judges were based on those approved by the General Assembly for regular judges there.

CONRAD S.M. MSELLE, Chairman of the ACABQ, introduced a related report of the ACABQ (document A/55/806).  He said that the permanent judges were elected for a term of four years and were eligible for re-election.  The ad litem judges would be appointed to serve one or two trials for a cumulative period of up to three years.  They were not eligible for reappointment.  Thus, their services were of a much more temporary nature and could be intermittent.  The Advisory Committee concluded that full account was not taken of the provision that the terms of service of temporary judges should be mutatis mutandis as compared with those of regular ones.  However, the Committee agreed with the recommendations on salary payments and his proposals for travel, relocation allowance and pensions.  The ACABQ agreed with the request for 54 additional posts.  It was informed that there was no immediate need for immediate assessment of additional resources.  The Secretary-General should be given commitment authority in an amount up to $5.28 million gross, which would be considered in the context of the performance report of the Tribunal to be submitted in autumn of 2002.

Speaking on behalf of the European Union and associated States, CARL MAGNUS NESSER (Sweden) said the Union attached great importance to the follow-up to the report on possible fee-splitting at the International Criminal Tribunals for Rwanda and the Former Yugoslavia, for the highest standard of justice should be upheld.  Fee-splitting constituted a flagrant violation of the accepted norms and could lead to a proliferation of frivolous procedures with the purpose of delaying the course of justice and increasing the costs.  Those accused of genocide should not have an opportunity to enrich themselves at the expense of the international community.  It was important to put an end to such abuses.  He took note of the conclusions and recommendations of the OIOS and the comments of the Tribunals on them.

He added that the fee-splitting arrangements were closely linked to detainees' indigent statues as recognized by the Tribunals.  The United Nations had spent $8.5 million in 1999 and another $8.5 million in 2000 on defence fees, although it was possible that some detainees had the means to pay for legal defence.

Regarding the ad litem judges for the ICTY, he said that it was important to take account of the observations of the ACABQ on the matter.  He endorsed the recommendations concerning the estimated resource requirements.

ANNE MERCHANT (Norway) said that as she was coordinator of the item, she would refrain from making a statement on it. 

Following a brief suspension, the Committee turned its attention to the Programme Budget

ABDOU AL-MOULA NAKKARI (Syria) asked if the Committee was now discussing the reports introduced yesterday.

The CHAIRMAN replied in the affirmative.

Mr. NAKKARI (Syria) addressed a number of issues under the item, including the report on the construction of the new conference centres in Bangkok and Addis Ababa.  His delegation had taken note of the Secretary-General’s wish to have his proposals presented to the General Assembly with respect to the conference premises, given the need to upgrade the United Nations facilities in those areas.  On the report on the Integrated Management Information System, he said he had noted the Advisory Committee’s recommendations on the subject; however, he noted a reference made to the concept of an electronic United Nations.  He hoped that a clear definition might be provided for the use of information technology and its implications for the United Nations.

On the question of internal and external publishing, he noted that the level of comparison between the various United Nations bodies in the relevant report was very low.  Table 6 in the report gave a clear picture of the savings that could be gained if the Organization relied on its own printing services.  He drew attention to the fact that external printing activities had not been compared with internal printing in the Organization to provide a clear picture of the economies that might be achieved.  He then asked for information on a comparative costing system that had been introduced.

On the United Nations cafeteria, he said he had noted with satisfaction that the current contract with Restaurant Associates would expire shortly.  The Secretariat should sign a contract with another catering firm that was well known, and he wished to know if any bids had been made and asked for any other clarification on the issue.  He would like more information regarding what the Secretariat intended to do and hoped it would be in line with the relevant resolution adopted at the fifty-fifth Assembly session.  The contracts should be properly studied before they were signed. 

RON ADAM (Israel) said his country was pleased with the progress made regarding the implementation of the Integrated Management Information System (IMIS) and the new system of payroll and related applications, which were the most complicated both to build and implement.  He could not find any indication of the use of the procurement mechanism within the IMIS, however, which would make the procurement process more efficient.  Would it be possible to use the approved vendor registration form for other agencies within the system? 

Turning to the difficulties in implementing IMIS in peacekeeping missions, he said it was perplexing that with plans in place to move the whole application to the Web, the missions could not access the system through the Internet.  Attention should also be given to possible security breaches on the Internet.  He wanted to know what measures were being taken to ensure such security.

BERYL BENTLEY-ANDERSON (United States) said the report on internal and external printing was interesting and useful.  It pointed to the reduction of printing within the Organization, and the United Nations was doing a good job in that respect.  She encouraged continued efforts to engender greater cost-savings within the system, saying that she remained in awe at the sheer volume of printed pages produced by the Organization.  Increased use of electronic distribution was in order.

Responding to questions, TOSHIYUKI NIWA Assistant Secretary-General, Central Support Services, said the need for clear definition for information technology for the United Nations was addressed in a strategy paper contained in document A/55/780.  As for the question on staffing commercial activities with people having relevant experience, he said there was a need to recruit a person with commercial experience to upgrade the quality of the Organization’s commercial activities.  On the subject of commercial associates, he said that a major contract was expiring in 2003.  That required an assessment of the needs and better preparation for the next bid.  The bidding process had not started yet.

ROZ GIAN PIERO, of the Information Technology Services Division, said that discussions were taking place to exchange information concerning certification of vendors by various agencies.  Regarding the use of the Internet by the peacekeeping missions, he said that upgrading the system to the Web would facilitate the access, but conditions of individual missions varied.  Security measures for the Web were being implemented, using the latest technology. 

ADOLFO CROSA, Director of the Interpretations, Meetings and Publishing Division, addressed one of the points raised by Syria, regarding a comparative costing system mentioned in the report on printing services.  Commercially available software was now installed at Geneva and Headquarters that allowed for determining the cost of individual printing jobs.  With the system in place in both stations, comparative costing information between Headquarters and Geneva would be possible. 

Mr. NIWA, Assistant Secretary-General, Central Support Services, said the printing service had indeed been dealt with in the common service context.  He tried to act as a matchmaker between the service provider, the Secretariat printing service, the service recipient and the various funds and programmes.

The Committee then turned to the review of efficiency of the administrative and financial functioning of the United Nations and human resources management.

DASHDORJ ZORIGT (Mongolia) said the choice of staff, including those at high and senior-levels, rested with the Secretary-General, and that a well-defined division of functions between the General Assembly and the Secretary-General was fundamental to the efficient functioning of the Organization.  Mongolia continued to believe that securing the highest standards of efficiency, competency and integrity of staff was of crucial importance. 

He said that, despite efforts made, nearly half of Member States, mostly developing countries, still continued to be unrepresented at the D-1 level and above.  He hoped that special attention would be given to candidates from unrepresented and under-represented countries.

Mongolia believed that the necessary condition for appointment and promotion of staff to senior-level posts should be high performance, and viewed positively the fact that the Performance Appraisal System had been introduced for senior managers, he said.  Gender balance at senior-level positions required more focused actions to attract female candidates, especially from developing countries.

YOICHI NIIYA (Japan) noted the low representation of Japanese nationals at the senior level.  There were only five Japanese representatives at D-1 level and above.  Japan was extremely concerned by this and hoped that greater attention would be paid to the matter.

An inspector of the Joint Inspection Unit (JIU), EDUARD V. KUDRYAVTSEV, thanked all the participants of the discussion, expressing hope that the interest in the report of the JIU would be useful in stimulating the representatives of Member States to discuss the improvement of the situation of senior appointments in the Secretariat.

DENIS BEISSEL, Director of the Operational Services Division of the Office of Human Resource Management (OHRM), said that comments of the JIU were useful and would be taken into consideration in the future.

Mr. NAKKARI (Syria) said that he fully agreed with the representative of Iran on behalf of the Group of 77 on this item.

The Committee thus concluded its general debate on senior appointments.

Other Business

Mr. NAKKARI (Syria) asked if the Bureau could distribute drafts 24 hours in advance of the meetings.  That was part of the rules of procedure of the

General Assembly.  No item should be formally debated unless all the documentation was available.

The CHAIRMAN said that the Bureau would try to satisfy that requirement.

The agenda item on coordination within the United Nations system was postponed to tomorrow morning.

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