Sixty-second General Assembly

Fifth Committee

22^nd Meeting (AM)

Fifth committee takes up $197 million budget for newly established mission

in Central African Republic and chad

Also Begins Consideration of 2008-2009

Financing for Rwanda, Former Yugoslavia Tribunals

As the Fifth Committee (Administrative and Budgetary) considered the $197 million budgetary request for the newly established United Nations Mission in the Central African Republic and Chad (MINURCAT), the representative of Algeria, speaking on behalf of the African Group, stressed the need to provide sufficient resources and operational support for that Mission, which faced significant challenges during its deployment phase, including poor infrastructure and lack of water resources, office space and accommodation.

Reiterating the need to provide the Mission with sufficient financial and human resources -- and noting the recommendation of the Advisory Committee on Administrative and Budgetary Questions (ACABQ) for a $15 million reduction of its proposed budget -- he concurred with ACABQ that prioritization of critical posts was particularly important to the staffing of the Mission and to ensuring its effective functioning in the shortest time possible.  On a less positive note, the Group was concerned that the staffing proposal for the Mission included only 12 national professional officers, on account of the scarcity of qualified personnel to perform professional-level functions.

Strong support for the establishment of MINURCAT was also expressed by the representative of Portugal, who spoke on behalf of the European Union.  He said the Union was very much committed to a solution in the broader region of Darfur and had increased its support for African Union and United Nations efforts, with a view to finding a lasting solution.  In that context, the European Union had established its own force -- EUFOR TCHAD/RCA -- with the mandate to protect civilians, facilitate delivery of humanitarian aid, and ensure safety of United Nations personnel. All Union instruments -- diplomatic, political and financial -- would be mobilized in support of that effort.

Also this morning, as the Committee took up the Secretary-General’s request for a combined total of more than $620 million for the Tribunals for Rwanda and the former Yugoslavia in the upcoming biennium, several speakers expressed strong support for the two courts as a vital part of the effort to bring to justice those guilty of serious violations of international humanitarian law.  Speakers also noted the Tribunals’ efforts to implement their completion strategy, which envisaged the completion of first instance trials by 31 December 2008 and appeals by 31 December 2010.

Portugal’s representative -- again, on behalf of the European Union-- noted that in both the former Yugoslavia Tribunal and the Rwanda Tribunal, there was a gradual shift from the prosecution and first instance trials towards appellate phase of judicial work.  He also noted that efforts were being made towards further improving efficiency to keep to the timetables set out in the completion strategies, through managing of trial chambers and through multiple-accused trials.  However, the Union followed the debate in the Security Council a few days ago and noted that, due to some late arrests in the former Yugoslavia Tribunal, the deadline of 2010 might not be achieved in current circumstances.  The Union called on both Tribunals to continue measures for efficient conduct of trials.

Commenting on a proposal to gradually phase out some 349 posts over the current authorized staffing level of 1,042 at the Rwanda Tribunal, Algeria’s representative, on behalf of the African Group, stressed the need to ensure that scaling down did not affect full execution of the Tribunal’s mandate.  Due diligence was required in that exercise, as the costs of losing professional, specialized and trained staff at the final stages of the Tribunal would cause serious harm to the current and future multifaceted cases, as well as other substantive functions of the Tribunal.  Retention of key personnel to the end of their work was vitally important.  That position was supported by the representative of Malawi.

Regarding the transfer of cases to national jurisprudence, the African Group welcomed the creation of mechanisms to monitor the progress of trials transferred to Rwanda and European countries, as well as the African Union’s readiness to provide consultants for the monitoring of cases transferred to African countries.  That would ensure that justice would continue to be achieved, even after the court had concluded its work, he said.

Echoing the concern of several other speakers over late submission of documents related to the financing of the Tribunals, the United States representative said that Member States were asked to make a very sizeable commitment to finance the Tribunals on the basis of what amounted to a cursory examination and little or no discussion of the financial and administrative management and overall efficiency.  It was fiscally irresponsible to limit the time devoted to the Tribunals, given the expenditure of such significant resources.

Also today, the Committee considered several reports on the assets, outstanding liabilities and fund balance in respect of the United Nations Transitional Administration in East Timor (UNTAET) and United Nations Mission of Support in East Timor (UNMISET), as well as the disposition of credits due to Member States from some $31.84 million of unencumbered balance and other income for the period ended 30 June 2006.

Reports before the Committee were introduced by the United Nations Controller, Warren Sach; the Chairman of ACABQ, Rajat Saha; and Chief of Service I of the Programme Planning and Budget Division, Dennis Thatchaichawalit.

The Committee will take up the financing of special political missions and programme budget implications of a series of resolutions before the Assembly at 10 a.m. Monday, 17 December.

Background

The Fifth Committee (Administrative and Budgetary) met this morning to consider the financing of two international Tribunals, as well as United Nations peacekeeping missions in East Timor, and the Central African Republic and Chad.

The Secretary-General’s report on the International Criminal Tribunal for Rwanda (document A/62/468) contains the court’s resource requirements for 2008-2009, which amount to some $286.69 million gross.  The budget proposal reflects an increase in real terms of some $9.56 million gross, or 3.4 per cent, compared to the revised appropriation for 2006-2007.  The Tribunal proposes the retention of 693 posts, representing a decrease through abolition of 349 posts, or 33.5 per cent (134 Professional and 215 General Service posts), over the current authorized staffing level of 1,042.

At the time of the report’s submission, the Tribunal had handed down 27 judgements involving 33 accused since the start of the first trial in January 1997.  Furthermore, two cases involving a total of five persons are at the judgement writing stage, and trials involving 22 accused are now in progress.  Consequently, the total number of accused whose trials have been completed or are in progress is 60.

According to the document, on 31 May 2007, the Tribunal presented an updated version of its completion strategy to the Security Council.  It is anticipated that trials involving up to 21 accused persons will be ongoing during 2008 (comprising 17 accused persons in trials continuing from 2007, plus approximately four new single accused cases).  The cases expected to be carried over from 2007 include accused in some of the multiple-accused trials, and all organs of the Tribunal have taken account of possible scenarios in that regard in formulating their requirements for 2008-2009, so as to ensure that the Tribunal is able to conclude all trials in a timely fashion.

Of the eight accused persons in custody awaiting trial, the Prosecutor has indicated that he will seek referral to competent national jurisdictions for trial of up to five accused.  Those not referred will form part of the workload for completion.  The single-accused trials that are expected to commence from late in 2007 will be completed during 2008.  Of the 18 indicted persons still at large, 12 would be transferred to national jurisdictions for trial.  The programme for tracking and apprehension of the remaining six fugitives has been intensified.

In December 2006, the Prosecutor informed the Security Council that he intends to request the Trial Chambers to transfer to national jurisdictions the cases of 17 accused persons for trial, including those who are still at large.  Since the mechanisms in that regard require time to finalize, it is expected that some of the requests for the orders submitted during 2007 and 2008 may be finalized only in 2008 or possibly in 2009.

The conclusion of many cases, including “the multi-accused ones”, in 2007 and 2008 is likely to generate an exponential increase in appellate activity.  The workload of the Appeals Chamber support unit (for the Chambers) and the Appeals and Legal Advisory Division (of the Prosecution) is, therefore, expected to increase dramatically throughout the biennium 2008-2009.

Also before the Committee was the second performance report on the budget of the International Criminal Tribunal for Rwanda for the biennium 2006-2007 (document A/62/557).  The report reflects an increase in requirements of some $2.38 million gross, as compared to the revised appropriation for 2006-2007.  According to the Secretary-General, the additional requirements reflect changes with respect to the combined effect of exchange rates and inflation ($2.99 million gross) and a commitment authority pursuant to General Assembly resolution 61/263 related to the standardized access control project ($1.98 million), partially offset by decreases in post incumbency and other changes ($2.58 million gross).

The General Assembly is requested to revise the appropriation for 2006-2007 to $279.51 million gross to the Special Account for the International Criminal Tribunal for Rwanda.

The 2008-2009 budget proposal for the International Criminal Tribunal for the Former Yugoslavia (document A/62/374) amounts to some $339.44 million gross, before recosting, and reflects an increase in real terms of $12.87 million gross, or 3.9 per cent, compared to the revised appropriation for 2006-2007.

According to the document, the court’s completion strategy had set 31 December 2004 for the conclusion of all new investigations, 31 December 2008 for the completion of first instance trials, and 31 December 2010 for the completion of appeals.  The first major milestone has been met with the investigation of all remaining targets completed and the last new indictments confirmed by the Chambers.

An assessment made at the beginning of 2007 had indicated that, of the 11 cases scheduled for 2008-2009, four trials would be completed during 2008, four during the first half of 2009, and the remaining three in the last six months of the biennium.  However, in June 2007, two main developments had a major impact on the trial schedule.  The first related to the arrest of two fugitives (Zdravko Tolimir and Vlastimir Djordjević).  The cases of these two accused could not, for legal and practical reasons, be joined with ongoing multiple-accused cases.  As a result, two additional trials had to be added to the trial schedule for 2009.

The second development involved the case of two accused, Milan Lukić and Sredoje Lukić.  The prosecution had originally submitted a request to transfer the case against Milan Lukić to national authorities.  The referral bench denied the request owing to the seniority of the accused and the nature of the crimes committed.  The case of Milan Lukić will now be tried in 2009 in tandem with the case of Sredoje Lukić, which had been transferred but was revoked due to the similarities in the indictments.  These events resulted in a further three new trials over and above the number originally envisaged for the biennium 2008-2009.

The Tribunal now anticipates that there will be 14 cases on trial during the biennium, involving 37 accused.  A trial schedule reflecting these timelines formed the basis in formulating the resource requirements for the biennium 2008-2009.  While detailing the efforts to ensure the completion of first instance trials by 2009 and increase the pace of trial activity, the report states that the increase in the number and profile of the accused persons to be tried in 2008-2009 will have an impact on the volume and complexity of the cases on appeal.  In addition, the two additional indictees and non-referral of one case to the region will continue to mandate a full caseload throughout the biennium.

The second performance report on the budget of the International Criminal Tribunal for the Former Yugoslavia (document A/52/556) for 2006-2007 provides an estimate of the final level of expenditures for the biennium.  Revised requirements show an increase of $22.41 million gross as compared with the revised appropriation for the biennium, reflecting the combined effect of exchange rate fluctuations (about $17 million gross); a commitment authority for the standardized access control project ($1.5 million), and increases in post incumbency and other changes ($3.91 million gross).  The Assembly is requested to revise the 2006-2007 appropriation to $348.98 million gross.

The Secretary-General’s report on the United Nations Mission in the Central African Republic and Chad (MINURCAT) (document A/62/544) contains the new Mission’s budget for the period from 1 July 2007 to 30 June 2008, which amounts to about $197.44 million, as well as the expenditure report for the United Nations Mission in Chad and the Central African Republic (MINUTAC) for 1 March to 30 June 2007 in the amount of some $1.11 million.

In a presidential statement of 16 January 2007, the Security Council requested the Secretary-General to deploy as soon as possible an advance mission to Chad and the Central African Republic, in consultation with their Governments, to accelerate preparations for an early decision on possible deployment of a multidimensional United Nations presence, subsequently authorized by the Council in its resolution 1778 (2007), by which the Council also established MINURCAT.

The initial funding for the advance mission was authorized by the Advisory Committee on Administrative and Budgetary Questions (ACABQ), which, in its 7 March 2007 letter, provided the Secretary-General with commitment authority in the amount not exceeding $46.94 million to meet the most urgent requirements of MINUTAC.  That amount is incorporated in the current budget request:  with total expenditures for MINUTAC for the period from 1 March to 30 June 2007 amounting to $1.11 million, the Assembly is requested to appropriate the amount of $197.44 million, inclusive of the amount of $45.83 million previously authorized by ACABQ.

The budget provides for the deployment of 50 military liaison officers, 300 United Nations police officers, 545 international staff, inclusive of 15 international staff positions funded from general temporary assistance and one post, Chief Security Adviser, funded through cost-sharing arrangements with the United Nations country team, 589 national staff, inclusive of one national staff position funded from general temporary assistance, 144 United Nations Volunteers and 25 Government-provided personnel.  The Mission’s proposed staffing has been presented at the component level, comprising executive direction and management, security and protection of civilians, human rights and the rule of law, as well as support, including security personnel.

The Secretary-General states that, in view of the recent establishment of MINURCAT and its continuing deployment, the Mission’s results-based budgeting frameworks, including expected accomplishments, indicators of achievement and associated outputs, will be submitted to the Assembly in the context of the proposed budget for the 2008-2009 period.

The recommendations of ACABQ, set in document A/62/572, would entail a reduction of $15 million in the proposed budget for MINURCAT for the period from 1 July 2007 to 30 June 2008.  The Advisory Committee also makes a number of observations and recommendations with regard to the administration and management of the Mission and opportunities for further savings.  In particular, the Mission is encouraged to take advantage of the presence of other United Nations entities in the area, with the nature and extent of such collaboration set out clearly in the 2008-2009 budget.  The Advisory Committee also stresses the importance of the prioritization of critical posts within the Mission to ensure its effective functioning in the shortest possible amount of time.  The structure of the Mission and the final allocation of posts and their grade levels should remain under review as the Mission is deployed.

The Secretary-General’s final performance report on the United Nations Mission of Support in East Timor (UNMISET) (document A/62/555) includes information on the assets, outstanding liabilities and fund balance as at 30 June 2007 in respect of the United Nations Transitional Administration in East Timor (UNTAET) and UNMISET.  The document also provides information on the two Missions’ income and expenditure, as well as budgeted voluntary contributions in kind.

According to the document, as at 30 June 2007, the total liabilities of UNTAET and UNMISET amounted to some $35.21 million, inclusive of some $31.58 million payable to Member States and $3.62 million in other liabilities.  At the same time, available cash amounted to $15.8 million, resulting in a cash shortfall of $19.41 million, due primarily to the uncollected dues from Member States in the amount of $24.99 million.

As outlined in the report, the actions to be taken by the General Assembly include suspension, with effect from 29 June 2007, of the provisions of resolution 61/282 regarding the disposition of credits due to Member States from the total amount of $31.84 million of unencumbered balance and other income for the period ended 30 June 2006, until outstanding assessments are received.  The Assembly is also requested to retain in the Special Account for UNMISET the cash assets of the Mission as at 30 June in the amount of $15.8 million.

The ACABQ, in a related report (document A/62/574) states that it was informed, upon enquiry, that pending the approval of the proposed budgets of the African Union-United Nations Hybrid Operation in Darfur (UNAMID) and MINURCAT, and the receipt of the assessed contributions, the cash requirements of those missions would be met from loans from closed peacekeeping missions, including UNMISET, and from the Peacekeeping Reserve Fund.  The cash requirements of UNAMID, MINURCAT and the Somalia planning team are currently funded from the Peacekeeping Reserve Fund through commitment authorities totalling $99.3 million, leaving a balance of $50.7 million available in the Fund.  Notwithstanding those considerations, the Advisory Committee recommends that the available cash balances in the UNMISET account be returned to Member States.

MINURCAT

The United Nations Controller, WARREN SACH, introduced the Secretary-General’s report (document A/62/544).

The ACABQ’s report on MINURCAT was introduced by the Advisory Committee’s Chairman, RAJAT SAHA, who said that the structure of the Mission and the final allocation of posts and their grade levels should remain under review as the Mission was deployed.  Accordingly, the Advisory Committee had made a number of comments and recommendations on the post requirements, but had refrained from reviewing the proposal on a post-by-post basis.  It expected that the Mission’s budget for 2008-2009 would reflect experience gained and include further review, on the basis of actual workload, as well as justification for all staffing proposals.

A revised deployment schedule for aircraft received by the Advisory Committee indicated that the budget for aircraft could be reduced by $7.3 million.  That schedule depended upon the deployment of the European Union Force (EUFOR) and the police component of MINURCAT, as well as the deployment of United Nations staff.

Recognizing that adequate operational support was required as the Mission equipped itself and set up its own physical infrastructure, ACABQ did not recommend any specific reductions in operational costs at this time, beyond those consequent to its recommendations on staffing costs and the revised aircraft deployment schedule, he continued.  ACABQ recommended, however, that the Secretary-General undertake a rigorous review of the Mission’s capacity to effectively utilize the proposed resources for operational costs.  A detailed update should be provided to the Assembly at the time of its consideration of the Mission’s budget for 2007-2008.  In view of the uncertainties regarding the pace of deployment and operational resources, the Advisory Committee believed that the level of the proposed budget exceeded requirements.

ABDELATIF DEBABECHE (Algeria), speaking on behalf of the African Group, noted with appreciation that the Secretary-General had responded promptly to Security Council resolution 1778 and provided a budget proposal for MINURCAT, in replacement of the earlier established advance mission to Chad and the Central African Republic.  The Group noted the budgetary request for 2007-2008 in the amount of $197 million, as well as the ACABQ recommendation of a $15 million reduction.  Severe challenges faced by the Mission during its deployment included poor infrastructure and lack of water resources, office space and accommodation.  In that regard, the Group considered the need for sufficient financial and human resources and adequate operational support, to enable an early start-up and operationalization of the Mission, a sine qua non necessity.

Close collaboration was envisaged between MINURCAT and other peacekeeping missions in the region, the Government of the Sudan, the African Union, and the United Nations Country Team, notably the Office of the United Nations High Commissioner for Refugees (UNHCR), he continued.  He was particularly pleased that, in addition to MINURCAT’s role in helping create security conditions conducive to a voluntary, secure and sustainable return of refugees and displaced persons, the Council had also authorized the European Union to deploy an operation aimed at protecting civilians in danger, particularly refugees and displaced persons, and at facilitating the delivery of humanitarian aid.

Reiterating the need for sufficient financial and human resources, he said that the Group welcomed the establishment of the dedicated recruitment and staffing team -- “Tiger Team” -- to fill posts expeditiously.  He concurred with ACABQ that prioritization of critical posts was particularly important to the staffing of the Mission and to ensuring its effective functioning in the shortest time possible.  On a less positive note, the Group was concerned that the staffing proposal for the Mission included only 12 national professional officers, on account of the scarcity of qualified personnel to perform professional-level functions.  While a technical assessment survey had been carried out, the Group found it hard to believe that was the reason for what seemed an unfavourable allocation of posts.  Finally, the Group took note of the $200,000 proposed for quick-impact projects, envisaged to support the production and distribution of water for the local population in eastern Chad.  He believed that amount would be adjusted as deemed necessary.

EDUARDO RAMOS ( Portugal), speaking on behalf of the European Union, said that the Union was very much committed to a solution to the broader region of Darfur and very much supported the establishment of MINURCAT.  It had increased its support for African Union and United Nations efforts to revitalize the political process, with a view to finding a lasting solution.  In that context, the Union had established the European Union Force Chad/Central African Republic (EUFOR TCHAD/RCA) which formed part of a comprehensive package of enhanced Union commitment to a solution in the region.  All Union instruments -– diplomatic, political and financial -– would be mobilized in support of that effort.

He called for effective cooperation between MINURCAT and the EUFOR TCHAD/RCA as only that could ensure that work on the ground would proceed as planned.  The Union sought to ensure that each and every mission had the resources it needed to carry out its unique mandate efficiently.  At the same time, it was necessary to ensure proper budgetary scrutiny.  The Union would do the same with MINURCAT.  It wanted to see that that important mission fully deployed and fully effective as soon as possible.

UNMISET

Mr. SACH, United Nations Controller, introduced the report of the Secretary-General on the final report of UNMISET.

Mr. SAHA, Chairman of ACABQ, introduced the related ACABQ report.

Mr. RAMOS ( Portugal), speaking on behalf of the European Union, said that the Union needed more time to discuss the matter.  It would pursue those discussions in informal consultations.

Tribunals Financing

DENNIS THATCHAICHAWALIT, Chief of Service I of the Programme Planning and Budget Division, introduced the Secretary-General’s reports on the Tribunals’ financing.  Regarding the staffing of the former Yugoslavia Tribunal, he said that based on the projected trial schedule, it was anticipated that, during 2008, the pace of trial activity would remain unchanged vis-à-vis the 2007 level.  Therefore, it was proposed that the total number of 990 posts for 2008 remain unchanged, as well.  In 2009, the functions of 258 posts would be gradually phased out.  However, to ensure that the Tribunal had the flexibility to accelerate or decelerate the phasing out of individual posts, it was proposed that all of those posts be abolished as at 1 January 2009, but their funding be provided through general temporary assistance.

Regarding the Rwanda Tribunal, he said that it proposed the retention of 693 posts, representing a decrease through abolition of 349 posts over the current authorized staffing level of 1,042.  It was anticipated that, during 2008, the pace of trial activity would remain relatively unchanged vis-à-vis 2007 levels.  Accordingly, only 10 posts were being proposed for abolition effective 1 January 2008.  With regard to 2009, the functions of 339 posts would be gradually phased out at the beginning and the middle of the year.  However, to ensure that the Tribunal had the flexibility to accelerate or decelerate the phasing out of individual posts, it was proposed that all of those posts be abolished as at 1 January, but their funding be provided through general temporary assistance.  That would enable the maintenance of critical functions in supporting the trials to be held during the course of the year and allow the Tribunal to align staff requirements more closely with servicing of the trials during that critical period of the completion phase.

Introducing a related ACABQ report (document A/62/578), Mr. SAHA said that the Advisory Committee had considered the financing of the Tribunals together in order to facilitate discussion on cross-cutting issues concerning both.  The completion strategy for the Tribunals, as endorsed and reconfirmed by the Security Council, envisaged the completion of investigations by 31 December 2004, first instance trials by 31 December 2008 and appeals by 31 December 2010.  ACABQ noted that the former Yugoslavia Tribunal expected to finalize all appeals by 2011, but that the budget proposals for both Tribunals did not take into account resource requirements related to the trials of those indicted persons still at large.  Such additional requirements would be presented as and when the fugitives were apprehended.

As regards the proposed provision for after-service health insurance, the Advisory Committee recommended that the Assembly take up that matter in the context of the overall review on the funding of such liabilities at the sixty-third session and consider related additional requirements in the context of the Tribunals’ first performance reports.

The Assembly might wish to approve the revised appropriation for the biennium 2006-2007 in the amount of $348.98 million gross to the Special Account for the former Yugoslavia Tribunal, and in the amount of $279.51 million gross to the Special Account for the Rwanda Tribunal.  It might also wish to approve the resource requirements outlined in the proposed budget for the biennium 2008-2009 for the two Tribunals, subject to the recommendations of the Advisory Committee.

Mr. RAMOS ( Portugal), speaking on behalf of the European Union, expressed disappointment at the late receipt of the ACABQ report.  The Union noted the ACABQ’s reasoning for delivering the recommendations late, but noted that the ACABQ recommendations for the programme budget 2008-2009 were also received without the second performance reports submitted.  The Union would like to understand why that was not possible for the budget of the Tribunals.

He expressed the Union’s strong support for the international Tribunals.  They played a vital part in ensuring that those who were guilty of the most serious violations of international humanitarian law were brought to justice.  They had an important role, too, in post-conflict reconciliation, sustainable peacebuilding and, more widely, in further entrenching the rule of law.  The Union noted that, in both the former Yugoslavia Tribunal and the Rwanda Tribunal, there was a gradual shift from the prosecution and first instance trials towards the appellate phase of judicial work.  It also noted that efforts were being made towards further improving efficiency to keep to the timetables set out in the completion strategies, through managing of trial chambers and through multiple-accused trials.  However, the Union followed the debate in the Security Council a few days ago and noted that, due to some late arrests in the former Yugoslavia Tribunal, the deadline of 2010 might not be achieved in current circumstances.  The Union called on both Tribunals to continue measures for the efficient conduct of trials.

As regards the provision of after-service health insurance, he said that the Union agreed with the recommendation of ACABQ that, based on resolution 61/264, the after-service health insurance liabilities were to be considered in the context of the overall review of the issue in the sixty-third session.  The Union reiterated the call for prudent budgeting and the need for efficient and effective management.

Mr. DEBABECHE ( Algeria), speaking on behalf of the African Group, said that the Group attached great importance to the work of the Tribunals as an integral part of the international justice system.  All efforts should be made to ensure that the two courts received adequate support -– whether financial, administrative or otherwise –- to enable them to fulfil their mandates.

Turning to the Rwanda Tribunal, he said that the Group noted the completion strategy established by the Council and that the Tribunal had taken the necessary steps to achieve it.  As a result, a comprehensive plan was being proposed to gradually phase out a number of posts, particularly in 2009.  He stressed the need to ensure that scaling down did not affect full execution of the Tribunal’s mandate.  Due diligence was required in that exercise, as the costs of losing professional, specialized and trained staff at the final stages of the Tribunal would cause serious harm to the current and future multifaceted cases, as well as other substantive functions of the Tribunal.  Retention of key personnel to the end of their work was vitally important.

Regarding the transfer of cases to national jurisprudence, he said that the Group welcomed the creation of mechanisms to monitor the progress of trials transferred to Rwanda and European countries.  He also welcomed the concurrence of the African Union for making available some of its people as consultants for the monitoring of cases transferred to African countries.  That would ensure that justice would continue to be achieved, even after the court had concluded its work.  Regarding the second performance report, he noted with appreciation that the Secretary-General had already implemented the decision of the General Assembly regarding the revised emoluments of the Judges.  He equally appreciated the efforts of the Tribunal towards cost-cutting on travel, as a result of streamlining measures.  The Group extended its sincere appreciation to Member States that had made cash contributions to the Voluntary Fund to support the activities of the Tribunal in the amount of some $11 million.  He invited those States to continue supporting the Tribunal with similar contributions and encouraged others to join that noble cause.  The Group was ready to work in a constructive manner during negotiations on the important agenda item before the Committee.

ANDREW HILLMAN (United States) reiterated his delegation’s position that the scheduling of the Fifth Committee’s agenda items, on the performance and proposed financing of the Tribunals, so late in the session left little time for Member States to adequately analyse and evaluate the Secretary-General’s request for a combined total of more than $620 million to support the work of the Tribunals during the upcoming biennium.  Member States continued to be asked to make a very sizeable commitment to finance the Tribunals based upon what amounted to a cursory examination and little or no discussion of the financial and administrative management and overall efficiency of the Tribunals.

The United States had a number of questions that his delegation would pose during information consultations, he said.  However, he agreed with the ACABQ recommendation that, to ensure the Assembly had sufficient time and information when considering the Tribunals’ budgets, future budget and performance reports should be submitted earlier in the session to permit their timely review.  It was fiscally irresponsible to limit the time devoted to the Tribunals’ financing, given the expenditure of such significant resources.

FELIX CHANDO ( Malawi) said that his delegation recognized the important role of the Tribunals in administering international law and justice and would like to commend them on the progress that had been made.  The ability of the Tribunals to maintain and improve upon their current levels of efficiency depended, to a large extent, on the retention of their experienced staff.  As the winding up of the Tribunals drew near, it was important that experienced judges and staff were retained, so that they could fully achieve their mandate.  The departure of staff at such a critical stage would affect the progress of trials.  Malawi would, therefore, like to call on the Secretary-General to ensure that the Tribunals were able to retain their staff.

Mr. SACH, the United Nations Controller, expressed concern at the decision to defer the consideration after-service health insurance to the sixty-third session of the General Assembly.  He said that the combined unfinanced liability currently stood at $45 million, and it would not be the first time a decision on the after-service health insurance had been deferred.  That had been done two years ago.  Failure to finance the after-service health insurance on a timely basis exacerbated the problem.  The proposal had been made bearing in mind that that the Tribunals’ accounts were time limited, as they would close in a short while.  He requested that the General Assembly commit to resolving the issue of the after-service health insurance liabilities at the sixty-third session, when it reverted to the issue.

Responding to a question posed by the European Union representative, Mr. SAHA clarified that the second performance report was an important document in the approval of the 2008-2009 budget.  In its report on the regular budget, ACABQ had reflected a progressive expenditure statement and staffing situation until May 2007.  The second performance report provided updated information in that regard and the estimate for the last two months of the year.  The opinion of the Advisory Committee was that it was important to focus not only on over- or under-expenditure, but also on the performance of programme managers on such issues as post incumbency, travel and so on.  The second performance report would be out early next week.  The Advisory Committee saw no reason why performance reports could not be submitted in early November, along with other documents.

Responding to the Controller, he added that, in paragraph 20 of its report, the Advisory Committee had mentioned clearly that, in its resolution 61/264, the General Assembly had decided to revert to the question of the funding of after-service health insurance, as a matter of priority, during the sixty-third session.  He agreed that the subject needed to be addressed with priority.  A decision should be taken by the Assembly.

Before concluding, Committee Chairman HAMIDON ALI ( Malaysia) said that he had requested the President of the General Assembly to extend the deliberations of the Committee until 19 December.  The delegates had a lot of work to do, but he hoped everything would be done by that time.

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For information media • not an official record