Fifty-ninth General Assembly

Fifth Committee

28^th Meeting (AM)

BUDGET COMMITTEE RECOMMENDS $21.8 MILLION FOR SUDAN ADVANCE TEAM;

ALSO APPROVES TEXT ON BOARD OF AUDITORS’ REPORT

 

By two draft resolutions this morning, the Fifth Committee (Administrative and Budgetary) made recommendations to the Assembly on the financing for the United Nations advance team in the Sudan through 10 December 2004, and acted on the reports of one of the Organization’s main oversight bodies -- the Board of Auditors.  Both texts were approved without a vote.

By the draft on the Organization’s advance team in the Sudan, the Assembly would approve some $21.79 million gross to fund the mission for the 90-day period from 11 September to 10 December 2004, noting that some of the requirements would be met from the unspent balance of $998,600 against the amount of $16.64 million already provided for the team.  Following the extension of the mission last July, that budget would cover the requirements for expanding the mission’s core component, establishing field offices, and providing for additional needs related to Darfur.  

The advance team was established by Security Council resolution 1547 for a three-month period, through 10 September 2004, and was subsequently extended by 90 days, until 10 December 2004.  This special political mission was to lay the groundwork for international monitoring, as foreseen in the 2003 Naivasha agreement on security arrangements, facilitate contact with the parties and prepare for a support operation following the signing of a comprehensive peace agreement.  Security Council resolution 1556 of 30 July 2004, which extended the mandate of the team, further requested the Secretary-General to incorporate into that mission contingency planning for the Darfur region.  It was to assist the African Union with planning for its mission to Darfur and to prepare to support the implementation of a future peace agreement there.

By the second draft approved today, the Assembly would accept financial reports, audited financial statements and opinions of the Board of Auditors on 15 of the 16 organizations of the United Nations system audited for the 2002-2003 biennium, with the exception of the United Nations Office for Project Services (UNOPS), for which the Board was unable to express an opinion.  It would decide to revert to the issue in the context of the Board of Auditors’ report on the implementation of its recommendations at its sixtieth session.

To improve the implementation of the auditors’ recommendations, the Assembly would invite the Board to categorize them according to their priority.  The Secretary-General and heads of funds and programmes would be requested to indicate an expected time frame for implementation and officials to be held accountable; examine governance principles; and consider strengthening the internal control framework, harmonizing administrative mechanisms and improving financial reporting by executive boards and the General Assembly. 

Also this morning, as the Committee began its debate on the administration of justice within the United Nations, President of the Staff Union Rosemary Waters stressed the need for a long-term, complete overhaul and professionalization of the Organization’s internal justice system.  Staff representatives had alluded to a justice system that was dysfunctional, and Member States had an obligation to ensure that the rights of staff were fully protected.  When those rights were violated, it was necessary to ensure a recourse procedure that was fair and efficient.  Urging the Committee to recommend immediate reforms that would provide some relief to staff members currently trapped in the justice system, she proposed, among other things, that no further human resources management reforms should be approved until strong action was taken to repair the justice system.

Qatar’s representative, speaking on behalf of the Group of 77 developing countries and China, agreed that administration of justice was an integral part of effective human resources management and was a prerequisite for smooth, harmonious and transparent relationship between staff and management.  The current system of justice was slow and cumbersome, he said, and many speakers agreed that the current situation had a negative effect on staff morale.

Among the main problems of the existing system, speakers listed the slowness of the appeals process; the gap between the resources available to the appellants and the respondent; and what could be perceived as a conflict of interest, with the United Nations Administrative Tribunal dependent on the Office of Legal Affairs for its administration and budget.  Also emphasized in the debate was the need for real and effective accountability and transparency of the justice system.

Also participating in the debate were representatives of the Netherlands (on behalf of the European Union), Argentina, Bangladesh, Cuba, Syria, Nigeria and the United States.  Responses to questions from the floor were provided by Axenidou Antigoni, Senior Legal Adviser at the Office of the Under-Secretary-General for Administration and Management.

The Committee will meet again at a date to be announced.

Background

The Fifth committee (Administrative and Budgetary) met this morning to start its general discussion on the administration of justice within the United Nations (for summary of documents, see Press Release GA/AB 3652 of 24 November) and to take up draft resolutions on the United Nations advance team in the Sudan and the reports of the Board of Auditors.

Action on Drafts

Chairman of the Committee, DON MACKAY (New Zealand) introduced a draft resolution on the Board of Auditors’ reports (document A/C.5/59/L.11), by the terms of which the Assembly would accept financial reports, audited financial statements and opinions of the Board on 15 of the 16 organizations of the United Nations system audited for the biennium ended 31 December 2003, with the exception of the financial statements of the United Nations Office for Project Services (UNOPS), for which the Board was unable to express an opinion.

[According to the reports considered by the Committee, the Board was unable to express an opinion on the financial statements of UNOPS for the biennium 2002-2003, since it was unable to obtain adequate assurance on account balances, inter-office vouchers clearing accounts, inter-fund balances and non-expendable equipment.  The auditors were also unable to confirm that the value of separation cost was valid, accurate and complete.  Given the UNOPS financial position at the end of 2003 and its possible failure to meet financial targets for 2004, the Board also emphasized its concern that the organization might not be able to fund in full any future deficit from its operational reserve.]

Noting that situation with concern, the Assembly would acknowledge the comprehensive steps taken by the Office to address the issues raised by the Board.  It would also note the view of the Board of Auditors that it would be premature to conduct an audit of UNOPS’ financial statements for 2004 next year, for time is needed to address the critical issues raised by the auditors.  It would decide to revert to the issue in the context of the Board of Auditors’ report on the implementation of its recommendations at its sixtieth session.

Further by the text, the Assembly would approve the recommendations and conclusions of the Board and the Advisory Committee on Administrative and Budgetary Questions (ACABQ), with the provision that should the need arise, those recommendations, including those on the International Criminal Tribunal for Rwanda, the International Tribunal for the Former Yugoslavia, the capital master plan and the United Nations Joint Staff Pension Fund, would be considered under their respective agenda items.

Commending the Board of Auditors for the superior quality of its reports, the Assembly would note with concern their late issuance, despite the timely submission by the Board, and request the Secretary-General to ensure sufficient priority in completing their editing and translation, so that they can be submitted to the Assembly in accordance with the six-week rule.

Also by the text, the Assembly would take note of the Secretary-General’s reports on the implementation of the Board of Auditors’ recommendations and invite the Board, in consultation with the Secretary-General and executive heads of the funds and programmes, to categorize the recommendations according to their priority for implementation.  The Secretary-General and heads of funds and programmes would be requested to indicate an expected time frame for the implementation and indicate officials to be held accountable; examine governance principles; and consider strengthening the internal control framework, harmonizing administrative mechanisms that would systematically act upon findings and recommendations of oversight bodies, and improving financial reporting and proper forums for the consideration of the Board of Auditors reports.  A report on many of those issues would be presented to the Assembly at its sixty-first session.  At the sixtieth session, the Secretary-General would be requested to report on the experiences of audit committees within the United Nations system and other international organizations.

The Committee then approved the text without a vote.

The Chairman of the Committee then introduced a draft resolution on the estimates in respect of special political missions, good offices and other political initiatives authorized by the General Assembly and/or Security Council:  United Nations advance team in the Sudan (document A/C.5/59/L.12).

By the text, the Assembly would approve some $21.79 million gross to fund the United Nations advance team in the Sudan for the 90-day period from 11 September to 10 December 2004, noting that some of the requirements would be met from the unspent balance of $998,600 remaining against the amount of $16.64 million already provided for the Mission.

It would authorize a charge against the provision for special political missions of just over $3 million, which represents the unassigned balance in that provision (appropriated under section 3, Political affairs, of the programme budget for 2004-2005); and appropriate $17.01 million under section 3, Political affairs, and $781,300 under section 34, Staff assessment, to be offset by corresponding amounts in the estimates of income, under Income section 1, Income from staff assessment, of the programme budget for 2004-2005.

Prior to action on the draft resolution, Japan’s representative reminded the Committee that it was the understanding of his delegation that the Secretariat would provide information to the Committee on the special political missions’ budget for 2005.  He was waiting for such a statement by the Secretariat.

SHARON VAN BUERLE, Chief of the Political, Legal and Humanitarian Service, Programme Planning and Budget Division, said that during informal consultations a comment had been made that in the context of 2005 special political missions’ budget, a provision for the Sudan advance team would be made, should the Security Council extend the mandate of that mission.  Now that the Council had adopted resolution 1574 (2004), by which it extended the mandate of the advance mission until 10 March 2005, resources would be included in the 2005 budget for the continuation of that mission through that date.

The representative of Japan said that the point raised in informals had been general in nature.  When the Committee discussed the budget for special political missions for 2005, the information on all missions should be provided.

Ms. VAN BUERLE replied that the special political missions’ budget for 2005 had been submitted for translation and should be released next week.  It included all the requirements for special political missions, and the information that Japan was requesting was covered in that report.

The draft resolution was approved without a vote.

Statements Regarding Administration of Justice

ROSEMARY WATERS, President of the United Nations Staff Union, said the internal justice system was one of the most important topics, because staff did not have recourse to any other national system.  Member States had an obligation to ensure that the rights of staff were fully protected and, when those rights were violated, to ensure a recourse procedure that was fair and efficient.   Staff representatives had alluded to a justice system that was dysfunctional.  While supporting the Office of Internal Oversight Services’ (OIOS) recommendations as a first step, a long-term, complete overhaul and professionalization of the justice system was essential.

She said that managers who did not respond to requests for information by the Administrative Law Unit should be disciplined, as justice delayed was justice denied.  Staff representatives had also requested that a three-month time limit be imposed for the proceedings of the panels.  Also, staff representatives had finally convinced the administration to allow staff to utilize external lawyers at the Joint Appeals Board.  Staff and management representatives had agreed that the Joint Disciplinary Committee Secretariat should be removed from the Department of Management to ensure separation of the lines of responsibility in management and in the administration of justice.

Staff representatives did not agree with the OIOS’ recommendation that reforms should be implemented after staffing needs were addressed and the backlog was eliminated, as it was uncertain when the backlog would be cleared, she said.  Staff representatives supported the amendment of the Staff Rules so that the Secretary-General should approve by default the appellant’s access to the United Nations Administrative Tribunal, should the Administration opt for silence as Respondent.

She said resolution 57/307 had requested that the Secretary-General submit detailed proposals on the role and work of the Panel on Discrimination and other Grievances for consideration by the Assembly at its fifty-eighth session.  Despite the fact that the staff representatives submitted a proposal on their own initiative, no attempt had been made by management to consult on that issue.  She urged the Committee to take a very careful look at the proposals being submitted.  She urged the Committee to recommend that the Panels be retained, restructured and given the recognition and assistance that was intended by the Assembly.

She also urged the Committee to recommend immediate reforms that would provide some relief to staff members currently trapped in the justice system and proposed, in that regard, among other things, that no further reforms should be approved until strong and immediate action was taken to repair and reconstruct the justice system.  The United Nations should also undertake a review to determine the cause for the growing number of cases filed for administrative review and with the Joint Appeals Board.  Rather than simply circulating the results of United Nations Administrative Tribunal cases, there should be a true joint review of “lessons learned”. 

She said it would be important to recommend that the administration review, in full consultation with staff representatives, other similar justice systems to determine their appropriateness for use in the Organization, such as the system used by the International Monetary Fund (IMF).

Assembly resolution 57/307 had requested the Secretary-General to undertake a more in-depth analysis of the implications of ensuring that the executive heads of organizations collaborate with the staff associations in the development of comprehensive legal insurance schemes to cover legal advice and representation for staff.  Despite the fact that the administration had not made contact with the staff representatives on that issue, the New York Staff Union had begun the process of identifying qualified legal professionals with experience in the United Nations system to form a consulting group.  The Staff Union planned to provide retainers to those legal professionals in exchange for accepting cases at a significantly reduced rate for United Nations staff.  She hoped that, in that way, staff would begin to obtain the type of individual attention that their cases deserved.

MISHAL MOHAMMED AL-ANSARI (Qatar), speaking on behalf of the Group of 77 developing countries and China, said that administration of justice was an integral part of an effective human resources management and was a prerequisite for smooth, harmonious and transparent relationship between staff and management.  A successful reform of human resources management and of the Organization could not be fulfilled without a strong system for the administration of justice.  All staff members had the right to a transparent and just legal system, based on multilevel legal consideration and guaranteeing the concept of impartiality.  The current system of justice made it slow and cumbersome.

He said the Group had expected to see progress in strengthening the internal justice system of the Secretariat, together with the reform of the human resources management, and to receiving effective proposals in that regard.  It was regrettable that attention to that important area of reform was far behind expectations.  He underlined the need for a concrete reform process and noted with appreciation that the Joint Inspection Unit had presented tangible recommendations.

Regrettably, he added, in addition to the fact that some of the documentation had been issued late, the ACABQ had not been in a position to present a report, due to the lack of clear proposals from the Secretariat on the resources needed to strengthen various parts of the internal justice system.  He noted that consideration of the proposals pertaining to the reform of the administration of justice system was incomplete without a clear picture of resource requirements.

RONALD ELKHUIZEN (Netherlands), speaking on behalf of the European Union, said that the reports before the Committee addressed very important issues, which had a significant impact on staff morale and, ultimately, the efficiency of the Organization on the whole.  The Union attached great importance to the strengthening of the administration of justice and improving the relationship between the United Nations staff and management.  The main problems in that regard were the amount of time it took to complete the process, the gap in the resources available to the respondent and the appellants and what could be perceived as a conflict of interest, with the United Nations Administrative Tribunal dependent on the Office of Legal Affairs for its administration, budget, staffing and physical facilities.  He said the perception of inequality within the United Nations family in the administration of justice should be addressed.  His delegation would carefully consider the question of aligning the statutes of the International Labour Organization (ILO) and the United Nations Tribunals.  Also, a clear proposal on the resources needed for the administration of justice was required.  He looked forward to the presentation of further reports and the ACABQ comments on that important issue.  Under the circumstances, he believed, it would be appropriate to consider the issue at the next resumed session.

GUILLERMO KENDALL (Argentina) said that the Committee was considering a matter of essential importance to the Organization.  It was important for staff members’ morale to make sure that their judicial rights were met.  The OIOS had submitted a report that had illustrative information on the need to improve the appeals process within the United Nations and he took note of that document, in particular regarding the need to ensure equality of resources for appellants and the respondent.  As for the statutes of the administrative tribunals of the United Nations and the International Labour Organization, he believed it was premature to establish a single administrative tribunal for the entire Organization, for additional information was needed on the compatibility of their procedures and practices.  Following the adoption of an amendment to the status of the United Nations Administrative Tribunal, at the request of the Sixth Committee (Legal) last December, the membership of the Tribunal was similar to that of the ILO, and he believed it was time to continue with the process of increasing remuneration of the Tribunal’s members, as suggested by the Secretary-General.

As for the report on the financing of the Administrative Tribunal, he agreed with the proposed inclusion of the Tribunal’s budget in Section 1, overall policy-making, direction and coordination, of the United Nations regular budget, effective as of the biennium 2006-2007.  That action would result in the avoidance of any appearance of undue influence by the respondent.  Finally, Argentinaawaited with interest the presentation of the ACABQ report, once the Advisory Committee had considered the issue of additional resources and met with members of the ILO Administrative Tribunal.

MUHAMMAD A. MUHITH (Bangladesh), associating himself with the statement made on behalf of the Group of 77 and China, said efficient and strong administration of justice constituted a crucial element for a competent human resources management system.  He noted with concern that the long outstanding issue of administration of justice was yet to be addressed appropriately and that the backlog in the administration of justice still had to be dealt with. 

He said it was of utmost importance that the justice system be reformed.  Report A/59/449 had noted that the chronic delays in the administration of justice were due to lack of resources and training.  He, therefore, emphasized the need for speedy Secretariat proposals, so that the ACABQ could make the necessary recommendations to the Assembly.

PABLO BERTI OLIVE (Cuba), associating himself with the statement made on behalf of the Group of 77 and China, said the administration of justice was a matter of importance, at a time when successful reform was being attempted in human resources management.  The present situation in that area could not longer continue.  The conclusion could be drawn that, 59 years after the creation of the Organization, there had never been a real system that transparently and fairly addressed appeals.

He said, in addition to proposals for human resources management reform, some proposals should be aimed at reform of the administration of justice.  There should be real and effective accountability.  It was regrettable that substantive improvements had not been achieved in the area, despite appeals by the Assembly, which had a negative impact on the morale of staff.  A truly motivated staff would be in a better position to achieve the goals and principles of the Charter. 

Drawing attention to the inadmissible delay of some documents under the item, he said the delayed issuance of documents had become a chronic ill of the current session.  He also expressed concern at the fact that the ACABQ had not submitted its report.  Alternatives must be explored that would allow for the introduction of that report. 

NAJIB ELJI (Syria) agreed with the statement by Qatar on behalf of the Group of 77 and China, saying that the reform of human resources management could only be successful with a proper system for the administration of justice.  His delegation regretted that there had been a delay in the issuance of relevant documentation on the item and that some of the reports before the Committee were a simple reproduction of previous reports.  It was also regrettable that the ACABQ had not presented its comments on the matter. 

It was the right of every staff member to have a just and transparent justice system, he stressed.  A number of criteria already existed in that respect, which had been adopted by the ILO on the rights of international officials and their duties.  The Organization’s administration of justice system consisted of two stages:  first, there was an administrative stage with an Ombudsman and then, the second stage -- the Tribunal, preceded by the appeals process.  Among the main problems in the administration of justice was delay -- the appeals process could take as long as six years.  Once the Tribunal got the case, it handed down its decision relatively quickly.  However, the Administrative Tribunal was the only organ competent to hear and pass judgment on applications in the area of the administrative justice.  What worried him was that the system had an impact on the morale of staff. 

Mr. AL-ANSARI (Qatar), on behalf of the Group of 77 and China, thanked Ms. Waters and assured the Staff Union that the Group had taken note of her statement.

NONYE UDO (Nigeria) associated herself with the position of the Group of 77 and China and recalled that, speaking on behalf of the African Group in March 2003, her delegation had emphasized the importance of the administration of justice within the Organization.  That still held true, as well as her statement that the current process was slow and cumbersome.  Apparently, not much had changed.  The appeals process should be streamlined.  Her delegation had taken note of the proposals by the OIOS and intended to discuss them in detail or the appropriate time. 

The item deserved serious attention by the Committee, she continued, but relevant documentation had been received very late and the ACABQ did not have all the information it required.  Like the ACABQ, she wondered how many more years would be allowed to lapse before the issue would be comprehensively addressed.  It was regrettable that the Fifth Committee during the human resources session would be able to deal with only some aspects of the human resources management reform.  The question of accountability and transparency of the justice system merited serious consideration.

In conclusion, she noted the ACABQ’s intention to revert to the matter when it had received all relevant information.  In the meantime, she would appreciate receiving information on the number of cases before the Joint Appeals Board.  Once the ACABQ finally found itself in position to submit a complete report, delegations would have an opportunity to further comment on the item.

ARIEL KRINSHPUN (United States), aligning himself with the statement made on behalf of the European Union, said that, although the item was of great importance, he could not take a stand without the issuance of the ACABQ report.

Responding to Nigeria’s question, AXENIDOU ANTIGONI, Senior Legal Advisor, the Office of the Under Secretary-General for Administration and Management, said in 2001 there had been 103 requests for administrative reviews, in 2002 there had been 132; and in 2003 that number had risen to 247.  In terms of appeals filed with the Joint Appeals Board worldwide, the numbers were a total of 115 for 2001, 159 for 2002 and 145 for 2003.

Ms. UDO (Nigeria) thanked the Secretariat for its prompt response and requested a written document in that regard, as well as a document indicating the general nature of the requests and an indication of the figures for 2004.

Ms. ANTIGONI answered that the number of appeals filed and disposed of in the previous year had been provided since the fifty-sixth session.  She was prepared to present the annual report for the 2004 period in the beginning of 2005, but hesitated to give 2004 numbers now, because December was usually the busiest month for filing appeals. 

Mr. ELJI (Syria), nevertheless, asked for statistical information regarding submitted complaints up until now.  He also wanted to know how many cases had been ruled in favour and against the staff by the Joint Appeals Board.  Furthermore, he wanted information on how many rulings in favour of staff members were accepted by the administration and how many turned down.

Organization of Work

The CHAIRMAN expressed concern about the time pressure that the Committee was under.  A huge number of important budgetary items would be coming up next week, with extensive documentation coming out at that time.  He had also met with the Bureau last week to receive a briefing from coordinators on the progress in informal consultations.  Little time remained for further informal consultations, and he urged colleagues to conclude their negotiations. 

Qatar’s representative expressed concern about the large number of reports being issued only at the end of the session, and wondered about the reasons why many of the documents that were issued on an annual basis were late.  He was also concerned about the recent tendency of the Secretariat to submit reports without any concern for the schedule of work of the main bodies.  As a result, it was likely that the Committee would have to extend its session. 

The CHAIRMAN said that the issue of documentation had plagued the Committee throughout the session.  The programme of work had been dictated by the availability or unavailability of documentation.  As far as the Committee secretariat was concerned, it had “bent over backwards” to ensure that its part of the process was handled expeditiously and properly.

Secretary of the Committee, MOVSES ABELIAN, then provided the delegates with information on the status of documentation still to be presented to the Committee.

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