Concerns Aired over Funding Shortfalls as Budget Committee Considers Revised 2014-2015 Outlays for Cambodia Courts
Speakers Also Discuss Financing of Rwanda, Former Yugoslavia Criminal Tribunals
As the Fifth Committee (Administrative and Budgetary) today examined the financing of the Extraordinary Chambers in the Courts of Cambodia, delegates expressed concern that funding shortfalls were hindering the judicial mechanism’s ability to discharge its mandate.
The hybrid tribunal, which comprises local and foreign judges, was created by the United Nations and the Cambodian Government to try the most senior responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide between April 1975 and December 1979.
Cambodia’s delegate noted that serious funding shortfalls, due to delays in delivery of funding pledged to the international component, had disrupted the Extraordinary Chambers’ operation in 2014. The national component had also experienced shortfalls. His Government was providing some $4 million in kind and cash towards the 2014 budget — more than 60 per cent of the estimated $6.4 million budget of the national side. Since the Chambers’ establishment in 2006, the Government had paid that body over $21 million, including more than $11 million cash and $10 million in kind.
“The continuation of the Extraordinary Chambers will deter younger generations from committing atrocities,” he said, stressing that justice must be restored and inner peace instilled in younger generations. The top leaders of the Khmer Rouge between April 1975 and December 1979 had been sentenced to life in prison in August 2014. The Courts were currently hearing evidence in a subsequent proceeding.
Bolivia’s delegate, speaking for the “Group of 77” developing countries and China, commended the Chambers and the Cambodian Government for their continued commitment to implement their given mandate under a challenging financial environment. She endorsed the Secretary‑General’s proposal for a subvention of up to $29 million in 2015 to enable the Chambers to finalize their work.
Responding to a revised budget estimate proposed by the Department of Management, Carlos Ruiz Massieu, Chair of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), introduced his body’s report, stressing that it had not examined in detail the Extraordinary Chambers’ staffing and budgetary needs because both its national and international components were funded from voluntary sources. The Chambers’ financial situation had improved over the previous year, but greater fundraising efforts were needed, he said, recommending approval of up to $6.97 million in 2014 and authorizing the Secretary‑General to enter into commitments of up to $12.1 million for 2015, as a bridging financing mechanism, pending receipt of voluntary contributions from donors.
Australia’s delegate said her country currently served as its Chair of the Principal Donors Group for the Extraordinary Chambers, and had donated $A26.2 million (Australian dollars) since 2003. As fundraising efforts to broaden the donor base had not borne the desired fruit, the United Nations commitment authority had been invaluable in supporting the Chambers’ stable, efficient functioning in 2014.
Japan’s delegate regretted that the current level of existing pledges for 2015 was not enough to fulfil the requirements for both the national and international components, and urged the Secretariat to continue its efforts to obtain more voluntary contributions in line with Assembly resolution 57/228, which stated that the Courts’ expenses should be borne by voluntary contributions.
Turning to the financing of the international criminal tribunals for Rwanda and the former Yugoslavia, Chandru Ramanathan, Officer-in-Charge of the Department of Management’s Office of Programme Planning, Budget and Accounts, proposed that the Assembly approve a revised appropriation for the biennium 2014-2015 of $94.88 million gross ($88.31 million net) for the Rwanda Tribunal, $201.34 million gross ($179.07 million net) for the former Yugoslavia Tribunal, and $117.57 million gross ($110.16 million net) for their Residual Mechanism.
Mr. Ruiz Massieu said the Advisory Committee recommended approval of the amounts for the two tribunals, but just $115.52 million gross ($108.34 million net) for the Mechanism.
The representative of the Russian Federation expressed concern that the revised estimate for the Tribunal for Rwanda had increased, calling for stricter budgetary discipline and transparency.
Delegates also heard presentations by Mr. Ramanathan, and Mr. Ruiz Massieu on the programme budget implications arising from a draft resolution on the human rights situation in Myanmar and a text on oceans and the law of the sea.
The Fifth Committee will meet again at 3 p.m., on Tuesday, 16 December, to discuss the revised estimates resulting from the requests contained in General Assembly resolution 69/2, entitled “Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples”. It will also review the financing of the United Nations Mission in South Sudan, and take action on a draft resolution on administration of justice.
Financing of International Residual Mechanism for Criminal Tribunals
CHANDRU RAMANATHAN, Officer-in-Charge, Office of Programme Planning, Budget and Accounts, Department of Management, introduced the following reports of the Secretary‑General: “First performance report of the International Criminal Tribunal for Rwanda for the biennium 2014-2015” (document A/69/597), “First performance report of the International Tribunal for the Former Yugoslavia for the biennium 2014-2105” (document A/69/599), and “First performance report of the International Residual Mechanism for Criminal Tribunals for the biennium 2014-2015” (document A/69/598).
The revised estimate for the Tribunal for Rwanda amounted to $94.9 million gross, up $1.3 million from the initial appropriation, after factoring in increases of $199,900 caused by inflation, of $1.08 million due to adjustments to standards and of $1.91 million due to variations in vacancy rates. The total $3.2 million increase in requirements was offset by a decrease of $1.91 million due to favourable exchange rates.
The revised estimate for the Tribunal for the former Yugoslavia amounted to $201.3 million gross, down $0.3 million from the initial appropriation, after taking into account increases of $828,400 due to adjustments to standards and of $3.06 million due to variations in vacancy rates, as well as decreases of $2.58 million due to favourable exchange rates and of $1.65 million due to favourable inflation rates.
The revised estimate for the Residual Mechanism amounted to $117.6 million gross, down $2.7 million from the initial appropriation, after incorporating decreases of $2.5 million due to favourable exchange rates and of $823,500 due to favourable inflation rates as well as increases of $135,000 caused by adjustments to standards and of $446,800 due to variations in vacancy rates.
Accordingly the Assembly was requested to approve a revised appropriation for the biennium 2014-2015 in the amount of $94.88 million gross ($88.31 million net) for the Tribunal for Rwanda, $201.34 million gross ($179.07 million net) for the Tribunal for the former Yugoslavia, and $117.57 million gross ($110.16 million net) for the Residual Mechanism.
CARLOS RUIZ MASSIEU, Chair, Advisory Committee on Administrative and Budgetary Questions (ACABQ), introduced that body’s related report (document A/69/655) on the three reports of the Secretary‑General just introduced. With respect to the Tribunal for Rwanda, he said the Advisory Committee recommended approval of a revised appropriation as proposed by the Secretary‑General, in the amount of $94.88 million gross ($88.32 million net) to the Special Account for that Tribunal, which reflected an increase as compared to the initial appropriation. Turning to the Tribunal for the former Yugoslavia, he also recommended approval of the Secretary‑General’s proposed revised appropriation in the amount of $201.34 million gross ($179.07 million net) to the Special Account for that Tribunal, which reflected a decrease as compared to the initial appropriation.
On the Residual Mechanism, he said that the Advisory Committee recommended that the actual average vacancy rates in 2014 be used instead of the proposed actual rate as at September 2014, that was 30.4 per cent for professional and higher categories, and 28.1 per cent for General Service and related categories. Thus the Advisory Committee recommended approval of a revised appropriation in the amount of $115.52 million gross ($108.34 million net) for the Mechanism, which reflected a decrease as compared to the initial appropriation.
DAYANA RIOS (Bolivia), speaking for the Group of 77 developing countries and China, took note that the Board of Auditors had issued unqualified audit opinions on the financial statements on the accounts of the Tribunals for the biennium ended 31 December 2013, as well as the Board’s observations that there could be improvements in areas such as uncertainties in completing pending cases and handing over mandates within the specified time frame, among other areas. All the Board’s observations must be addressed, including on implementation of the International Public Sector Accounting Standards. She also expressed concern at the high vacancy rates in the Tribunals and their Residual Mechanism and stressed that the vacancy posts should be filled as approved.
Regarding the Rwanda Tribunal, she noted the proposed revised appropriation, which represented an increase of $1.3 million from the initial appropriation, and trusted that every effort would be made to ensure timely completion of the Tribunal’s mandate as per the completion strategy and full transition to the Residual Mechanism. Regarding the former Yugoslavia Tribunal, she emphasized the need for it to expedite its completion strategy, including shifting its staff to general temporary categories during the drawdown phase and transition to the Mechanism. Turning to the Mechanism, she looked forward to learning more details of the Advisory Committee’s observations and requested an update on the status of the construction of new facilities for the Mechanism in Arusha.
SERGEY V. KHALIZOV (Russian Federation) reiterated a concern that the revised estimate for the Tribunal for Rwanda had increased from the initial appropriation, in contrast with the decrease in the revised estimate for the Tribunal for the former Yugoslavia. The increase must be considered critically by the Fifth Committee, as his delegation was of the view that funding for the Tribunals should decrease. Calling for budgetary discipline and transparency of the Tribunals, he also urged the economical use of resources by the Residual Mechanism.
Subvention to the Courts of Cambodia
Mr. RAMANATHAN introduced the Secretary‑General’s report titled “Request for a subvention to the Extraordinary Chambers in the Courts of Cambodia (document A/69/536). It provided details on the progress achieved by the Chambers since his previous report, and described the completion plan and road map, which had been formulated on the basis of a rigorous forecast of the workload associated with the timely judicial completion of the three remaining cases. The report also addressed the mechanism for the financing of the Chambers beyond 2015 and provided information on the use of the approved commitment authority. The report sought the Assembly’s approval for a subvention of up to $28.9 million for the period of 1 January to 31 December 2015, including $23.9 million for the international component of the Chambers and $5 million for the national component.
He said that the report also highlighted that the approved commitment authority of up to $15.54 million for the international component for 2014 was instrumental in securing staff contracts for one year, and the resultant contractual stability to the staff facilitated the efficient discharge of the judicial mandate of the Chambers. As of November 2014, only $4.6 million out of the approved commitment authority had been utilized, with $1.4 million projected to be tapped this month. However, with a firm pledge of $1.3 million and a $4.7 million pledge under consideration, both expected to be endorsed before year-end, it was likely that the commitment authority would not be used in 2014.
Mr. RUIZ MASSIEU, presenting ACABQ’s related report, stressed that the Advisory Committee had not performed a detailed examination of the staffing and budgetary requirements of the Extraordinary Chambers, as both the national and international components were funded form voluntary sources. Therefore, the Advisory Committee had not pronounced upon the resource requirements of the Chambers during its review. However, it recognized the improvement in the financial situation of the Chambers over the previous year, due to the Assembly’s approval of a commitment authority at the end of 2013 to supplement the voluntary financial resources of the international component. He also noted the improvement in the national component’s financial situation, from the Cambodian Government’s contribution.
Still, he stressed that there was a need to intensify fundraising efforts, including through broadening the donor base. The case completion plan depended on sustainable funding for the remainder of the Chambers’ existence. Redirecting voluntary funds from the international to the national component could have a detrimental impact on the overall funding for the former and on fundraising efforts for both components. The Advisory Committee recommended approval of an appropriation of up to $6.97 million in 2014 and authorization for the Secretary‑General to enter into commitments up to $12.1 million for 2015, as a bridging financing mechanism, pending receipt of voluntary contributions from donors. The Advisory Committee further recommended that the Assembly consider the possibility of having the Secretary‑General submit a full-fledged budget proposal, separate from the proposed programme budget.
Ms. RIOS (Bolivia), speaking for the Group of 77 and China, took note of the progress made by the Chambers to date and commended them and the Government of Cambodia for their continued commitment to implement the given mandate under a challenging financial environment. She welcomed the Secretary‑General’s proposal for a subvention of up to $29 million for the period 1 January to 31 December 2015 and endorsed his proposal to enable the Chambers to finalize the mandate.
RY TUY (Cambodia), associating himself with the Group of 77 and China, pointed out that serious funding shortfalls, due to delays in delivery of funding pledged to the international component, had disrupted the operation of the Extraordinary Chambers in 2014. The national component had also experienced shortfalls. He expressed support for the recommendations in section VIII of the Secretary‑General’s report as a way to address the shortfalls in 2015, including approval from the Assembly to fund the budget for the Chambers’ operation in 2015 for both the national and international components.
He noted further that the Government of Cambodia was providing some $4 million in kind and cash towards the 2014 budget, or more than 60 per cent of the estimated $6.4 million budget of the national side. Since the Chambers’ establishment, in 2006, the Cambodian Government had paid that body over $21 million, including more than $11 million cash and $10 million in kind. The continuation of the Extraordinary Chambers would deter younger generations from committing atrocities. Justice must be restored and inner peace must be instilled in younger generations. Providing an update on the Chambers’ work, he said that Nuon Chea and Khieu Samphan, the Khmer Rouge’s top leaders between April 1975 and December 1979, had been sentenced to life in prison in August 2014. The Courts were currently hearing evidence in a subsequent proceeding.
Ms. VAN DE VEN (Australia) said her country was a member of the Principal Donors Group for the Extraordinary Chambers, currently served as its Chair and had voluntarily contributed a total of $A26.2 million (Australian dollars) since 2003. She also welcomed the Cambodian Government’s commitment to and support for the Extraordinary Chambers, which had only been made possible due to that Government’s leadership and call for international assistance to establish a tribunal to try former Khmer Rouge leaders. The Chambers continued to make significant progress in holding to account those most responsible for the atrocities. Working closely with the United Nations and the Cambodian Government, the Principal Donors Group continued to support fundraising efforts, trying to broaden the donor pool. However, those fundraising efforts had not borne the desired fruit. Thus, the United Nations commitment authority had been invaluable in supporting the stable and efficient functioning of the Chambers in 2014. While there was still a shortfall, she expressed the hope that by the end of the year the international component would only have to draw down a relatively small amount from the 2014 commitment authority. However, it was unclear whether there would be sufficient funds to cover the budget for 2015, she said, expressing support for the Secretary‑General’s request for a further subvention in 2015.
HIROSHI ONUMA (Japan) said that his Government had for a long time actively supported the Extraordinary Chambers in the Courts of Cambodia, which it believed was applying the final touches to the peace process in that country. He was satisfied to see the Completion Plan include an estimated timeline for concluding judicial work, but regretted that the current level of existing pledges for 2015 was not enough to fulfil the requirements for both the national and international components. It was therefore necessary for the Secretariat to continue its efforts to obtain more voluntary contributions in line with Assembly resolution 57/228, which stated that the Courts’ expenses should be borne by voluntary contributions.
Programme Budget Implications of Draft Resolutions
Mr. RAMANATHAN introduced the Secretary‑General’s statement (document A/C.5/69/11) containing the programme budget implications resulting from a draft resolution by the Assembly’s Third Committee on the human rights situation in Myanmar, contained in document A/C.3/69/L.32, and his statement (document A/C.5/69/12) on the implications of a draft resolution on oceans and the law of the sea, contained in document A/69/L.29.
Should the Assembly adopt the first draft, $1.16 million, net of staff assessment, would be required for the Secretary‑General to continue his good offices’ effort in Myanmar for 2015. Should the Assembly adopt the second one, it was estimated that an additional appropriation of $161,800 for documentation would be required under section 2, General Assembly and Economic and Social Council affairs and conference management, of the programme budget for the biennium 2014-2015. The Assembly was requested to approve that amount as a charge against the contingency fund.
Mr. RUIZ MASSIEU, introducing ACABQ’s related report (document A/69/649), said the Advisory Committee had no objection to the requested resource requirements of $1.16 million related to the functions of the Special Adviser to the Secretary‑General on Myanmar for 2015, and the $161,800 for processing a post-session document by the Department for General Assembly and Conference Management. Noting the differences in the processing costs for official documents across the Organization’s four headquarters — New York, Geneva, Vienna and Nairobi — the Advisory Committee intended to examine the related costing model in greater detail in the context of the consideration of the proposed programme budget for 2016-2017.
Ms. RIOS (Bolivia), speaking for the Group of 77 and China, expressed support for the provision of resources requested by the Secretary‑General and endorsed by ACABQ, should the Assembly adopt draft resolutions A/69/L.32 and A/69/L.29. She further called for all mandates approved by intergovernmental bodies of the United Nations to be provided adequate resources from the regular budget for their implementation.