Sixty-first General Assembly

Sixth Committee

22^nd Meeting (PM)

SIXTH COMMITTEE UNANIMOUSLY APPROVES TEXT CALLING FOR RESUMED SESSION

TO CONSIDER REPORT ON UNITED NATIONS INTERNAL JUSTICE SYSTEM

The General Assembly would decide that the Sixth Committee (Legal) hold a resumed session in March 2007 to continue its consideration of recommendations for a new, decentralized system to administer justice in the United Nations, in one of three unanimous actions by the subsidiary body this afternoon.

According to the report of the Redesign Panel on the United Nations system of administration of justice, the current system was outmoded, dysfunctional and ineffective.  Effective United Nations reform could not happen without an efficient, independent and well-resourced internal justice system that would safeguard the rights of staff members and ensure effective accountability of managers and staff.  The Panel, established by the Secretary-General in January 2006, also recommended that the General Assembly establish a completely new, professional, independent and decentralized internal justice system that was fully consistent with international human rights standards.

In another action, the Committee approved a draft resolution on the 2006 report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Organization.  By its terms, the Assembly would decide that the Special Committee would hold its next session from 7 to 14 and 16 February 2007, with priority on the implementation of Charter provisions regarding assistance to third States affected by sanctions.  The Assembly would be asked to keep on its agenda the question of the maintenance of international peace and security and the peaceful settlement of disputes between States, and to consider, also on a priority basis, how the Special Committee’s working methods could be improved and its efficiency enhanced.

By terms of the third text, on the rule of law at the national and international levels, the Secretary-General would be requested to seek the views of Member States on those issues and report back to the Assembly’s sixty-second session in 2007.  He would also be requested to prepare an inventory of the current activities of the various United Nations bodies engaged in promoting the rule of law, and submit an interim report for the Assembly’s consideration.  By further terms, the Assembly would ask the Secretary-General, as a matter of priority, to submit a report on the establishment of a rule of law assistance unit within the Secretariat, in conformity with Assembly resolution A/60/1 on the 2005 World Summit Outcome.

Following its unanimous approval of the three draft resolutions, the Committee heard statements in explanation of position by the representatives of Germany, Japan, Syria, Uruguay and the United States.

As he adjourned the meeting, Committee Chairman Juan Manuel Gomez Robledo of Mexico paid tribute to the Secretary, Vaclav Mikulka, who was the Director of the Codification Division of the Office of Legal Affairs, saying he had represented his country on the Sixth Committee for many years and later served as its Chairman in 1990.  Mr. Mikulka would, with effect from 1 March 2007, take up new responsibilities in the Office of Legal Affairs, as Director of the Division for Ocean Affairs and the Law of the Sea.

The Chairman said Mr. Mikulka had joined the Office of Legal Affairs in 1999, and had served as the Secretary of the Sixth Committee for six years.   His vast experience in working with the Committee in various capacities, as well as his substantive knowledge of international law, had been invaluable to the Bureau and the efficient organization and smooth conduct of the Committee’s work.

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

Background

By the terms of the text on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/61/L.10 and Corr.1), the General Assembly would ask the Special Committee to consider any proposal concerning the United Nations Charter and amendments referred to it as a result of the implementation of the decisions of the Assembly’s 2005 high-level plenary meeting.  The Special Committee would also be requested to continue to identify new subjects for future consideration as its contribution to the revitalization of the work of the United Nations.

The draft on the rule of law at the national and international levels (document A/C.6/61L.18) would have the Assembly decide to include in the provisional agenda of its sixty-second session an item entitled “The rule of law at the national and international levels”.  It would recommend that the Sixth Committee, from that session and thereafter, annually choose one or two sub-topics to facilitate a focused discussion on the subject, without prejudice to the consideration of the item as a whole.

By the draft decision on administration of justice at the United Nations, (document A/C.6/61/L.12) the Assembly would decide that the Sixth Committee hold a resumed session of 10 meetings in March 2007 to continue its consideration of the report of the Redesign Panel on the United Nations system of administration of justice (document A/61/205).

In its report, the Panel recommends the early establishment of an office of administration of justice, headed by an executive director with the rank of Assistant Secretary-General and the creation of a two-tiered system of formal justice, comprising a first-instance decentralized tribunal, the United Nations dispute tribunal, composed of professional judges with power to make binding decisions and with jurisdiction as set out in annex I to the report.  The United Nations Administrative Tribunal would be renamed the United Nations Appeals Tribunal, and articles 2, 7, 8 of its Statute amended to include a new appellate jurisdiction, as set out in annex II to the report.

According to the report, proceedings in the formal justice system should be brought against the Organization, or the relevant funds or programmes, rather than the Secretary-General or executive heads.  The judges of the United Nations Administrative Tribunal should be appointed by the General Assembly from the list of candidates prepared by a new internal justice council.  Finally, the Panel suggested that the new internal justice system should become operational on 1 January 2008, subject to its approval by the General Assembly.

Action on Drafts

Following the introduction of the text on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/61/L.10 and Corr.1) by the representative of Egypt, the Committee Secretary said that, if approved, it would not give rise to financial implications under the programme budget for the biennium 2006-2007.

The representative of Germany associated his delegation with the consensus on the draft resolution on the understanding that the drafting of footnote 6 would not preclude any delegation, or the Committee itself, from considering or referring to the Secretary-General’s report on assistance to third States affected by sanctions during its next session.

The representative of Japan said his delegation supported the intent of the proposal intent from the point of view of promoting international law through the International Court of Justice.  With the introduction of the new mechanism, members should be aware of the need for more efficient use of the budget.  Japan had joined the consensus with the understanding that the new practice would be introduced.

The draft resolution was then approved without a vote, as amended.

Committee Chairman Gomez Robledo (Mexico) then introduced the draft resolution on the rule of law at the national and international levels (document A/C.6/61/L.18), noting that the following insertion should be made after the words “national and international levels” in operative paragraph 2, fourth line: “for submission at its sixty-third session”.

Following informal consultations on the text, he said it was understood that the incoming Chairman of the Sixth Committee would engage in consultations with Member States to identify issues to be addressed under sub-topics already chosen for discussion, including the methodology for such discussions.

Speaking in explanation of position, the representative of Japan said it was his understanding that the report could be prepared using existing capacity at the Secretariat and without incurring extra costs.  Unless that was confirmed, the Japanese delegation could not join the consensus.

Responding on behalf of the Secretary-General, the Committee Secretary reiterated that approval of the text would not give rise to financial implications under the programme budget for the biennium 2006-2007.

The Committee then approved the text without a vote, as amended.

Following that action, the representative of Syria referred to paragraphs 1 and 2 of the text, saying it was his understanding that the opinion of members would not be limited by requests from the Secretariat on certain issues.  Because legal questions were complex, requests must be neutral and not pose limitations on the agenda item.  Regarding Japan’s statement, the Sixth Committee was a legal body and, as such, Syria objected to the raising of financial issues.

The representative of Uruguay said his delegation had approved the English language version of the text and urged a review of the Spanish version, which contained editorial problems.

Japan’s representative said he appreciated the Secretary’s statement that there would be no financial implications, and he would revert to that issue in the appropriate forum.

Turning to the draft on the administration of justice at the United Nations (document A/C.6/61/L.12), the Committee Chairman said technical changes had been made to the draft decision.

He then read out the entire text as follows: “The Sixth Committee decides to hold a resumed session of 10 meetings in March 2007 to continue the consideration of the legal aspects of the report of the Redesign Panel on the United Nations system of administration of justice (document A/61/205), taking into account, as appropriate, the comments that will be made by the Secretary-General on the report of the Redesign Panel, as well as those that may be made by the Advisory Committee on Administrative and Budgetary Questions (ACABQ).”

The representative of Syria, noting that his delegation had considered the draft decision, said the Fifth Committee should have its say on the report.  Similarly, regarding the proposed addition on the views of ACABQ, those views were not legal by nature.  Syria proposed the deletion of the reference to ACABQ.

The Committee Chairman then said that the Fifth Committee would not be able to submit comments on the report before March and he, therefore, wished to make clear, having due consideration for the competence of various committees, that the Sixth Committee would concentrate on the legal aspects of the Redesign Panel’s report.

He then suspended the meeting for 10 minutes as members held an informal discussion on Syria’s amendment to the draft decision.

On resumption, the Chairman put forward another amendment, deleting from the second line the words “continue the” and replacing them with “to consider the legal aspects of the report”.  He noted that, although the Committee had started to consider the item as such, it had not considered the report itself.

The Committee then approved the draft decision without a vote, as orally revised.

Speaking in explanation of position, the representative of the United States stressed the scope and complexity of issues relating to the reform of the United Nations internal justice system.  The results of the reform process would affect the United Nations and its staff for the coming generations and it was essential that the Committee proceeded deliberately, keeping in mind the need for quality.  The Committee could not let its desire to be seen as responsive sacrifice its obligation to provide careful, reasoned conclusions that had been thoroughly considered.

She stressed that the Committee should not aim to make final recommendations or conclude its consideration of the issue during its resumed session next spring.  Instead, the resumed session was an opportunity to begin examining the report and exchanging views.  Unlike other committees of the General Assembly, the Sixth Committee had not relied on resumed sessions in the past, nor should the upcoming one set a precedent for doing so in the future.

The representative of Syria said his delegation looked forward to the Committee’s consideration of the subject, as it was time the Organization’s staff were given justice.  That subject was a main pillar advanced by the Secretary-General to reform United Nations human resource management.  Without a system of justice that was compatible with international norms, the Organization could not make maximum use of its human resources.

He said the decision should not restrict the Fifth Committee from considering the item and the issue should be resolved in such a manner as to expedite the establishment of a new system.  Moreover, as other reports could be submitted under that item, the language used should not restrict the possibility of taking into account the views of United Nations staff.

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For information media • not an official record