Speakers Support Administration of Justice System as Budget Committee Examines United Nations Track Record in Resolving Staff Disputes Worldwide
Delegates in the Fifth Committee (Administrative and Budgetary) once again threw their support behind an independent panel now examining the internal justice system set up in 2009 to resolve disputes for tens of thousands of United Nations employees around the world.
The Organization’s system for administering justice envelopes formal and informal mechanisms to resolve disputes, two tribunals staffed by professional judges, the Office of Staff Legal Assistance and the Management Evaluation Unit. Delegates also backed the work of the Office of the United Nations Ombudsman and Meditation Services, which helps resolve disputes through its informal mechanism.
South Africa’s representative, speaking on behalf of the “Group of 77” developing countries and China, particularly welcomed the panel’s look at the formal justice system’s relation to the informal system. She stressed the panel’s goal was to improve the current justice system.
Switzerland’s representative, also speaking on behalf of Liechtenstein, also welcomed the panel’s work and looked forward to its recommendations for the Assembly’s seventy-first session in 2016. He said that report should cover all major aspects of the system, such as the access of non‑staff personnel, including interns, to effective legal remedy, and the effectiveness of whistle-blower protection.
Recognizing the important informal resolution work of the Ombudsman’s Office, the United States’ delegate said his country looked forward to the Secretary-General’s report on revised terms of reference for that Office.
Linda Taylor, Executive Director of the Office of the Administration of Justice, gave the Fifth Committee members an overview of the Secretary-General’s report on the administration of justice at the United Nations. She also drew attention to the Secretary-General’s report on the amendment to the rules of procedure of the United Nations Appeals Tribunal and a report issued by the Internal Justice Council on the administration of justice at the United Nations.
John Barkat, Ombudsman, Office of the United Nations Ombudsman and Mediation Services, introduced the Secretary-General’s report on the Office’s activities in 2014. The Office’s core mandate was to give staff easy access to informal conflict resolution and it had provided assistance in more than 2,000 cases in 2014, up 7 per cent from the previous year. More than 1,600 cases were received from Secretariat staff, including people in peacekeeping missions. He said it was encouraging that the number of staff who voluntarily sought mediation had increased.
Babou Sene, Vice-Chair of the Advisory Committee on Administration and Budgetary Questions (ACABQ), introduced the body’s related report, which reviewed the data on the activities of the administration of justice system in 2014 and the Secretary-General’s responses to Assembly requests made in resolution 69/203.
Also speaking today were representatives from the United Republic of Tanzania (on behalf of the African Group) and Japan.
The Fifth Committee will reconvene at 10 a.m. Wednesday, 21 October, to discuss the Pattern of Conferences and the revised estimates for the International Trade Centre, part of its agenda item, Proposed Programme Budget: biennium 2016-2017.
Administration of Justice
LINDA TAYLOR, Executive Director, Office of the Administration of Justice, introduced the report of the Secretary-General on the “Administration of justice at the United Nations” (document A/70/187), which covered the functioning of the Organization’s formal administration of justice system during 2014. It contained observations about the system’s operation, statistics for 2014 and since its inception on 1 July 2009, and a consolidated response to the requests outlined in General Assembly resolution 69/203.
The report was divided into six sections, she said. The review of the formal system in Section II began with observations on the system’s operation in 2014, which showed that in general, the underlying number of cases being filed in the formal system had stabilized in 2014, and most incoming cases related to benefits and entitlements, appointment-related matters and separations from service. More than 200 cases pending in the formal system were resolved in 2014 without the need for a final adjudication on the merits and the Office of Staff Legal Assistance had acted on behalf of staff members in 110 cases settled in the formal and informal systems in 2014.
Section III gave responses to specific requests by the Assembly, including a report on progress in carrying out recommendations to address systemic and cross-cutting issues contained in the Secretary-General’s report on the activities of the Office of the Ombudsman and Mediation Services; information on the settlement of disputes within the formal system after pro-active case management by judges of the Dispute Tribunal; and a report on steps taken with reference to the accountability of all individuals where violations of the Organization’s rule and procedures had led to financial loss. Section V indicated that no extra resources were being requested in the context of the report, as provision for the continuation of three ad litem judges and their supporting staff in 2016 was reflected in the proposed programme budget for the 2016-2017 biennium budget.
Ms. Taylor then drew the Committee’s attention to a report of the Secretary-General on the “Amendment to the rules of procedure of the United Nations Appeals Tribunal” (document A/70/189) and a report of the Internal Justice Council on the “Administration of justice at the United Nations” (document A/70/188). This latter report included the Council’s views on the implementation and functioning of the system of administration of justice, following the mandate made by the General Assembly in resolution 62/228.
JOHN BARKAT, Ombudsman, Office of the United Nations Ombudsman and Mediation Services, introduced the Secretary-General’s report on the activities of that body during 2014 (document A/70/151), noting that his core mandate was to provide staff members with easy access to informal conflict resolution. Finding collaborative approaches to resolve workplace concerns was important. The Office provided assistance in more than 2,000 cases in 2014, up 7 per cent from the previous year. More than 1,600 cases were received from Secretariat staff, including those in peacekeeping missions. It was encouraging that the number of staff who voluntarily sought mediation had increased. The main trends had remained the same, with about 80 per cent of cases emanating outside the United Nations Headquarters in New York. The largest issue categories remained “Job and Career” (30 per cent) and “Evaluation Relationship” (23 per cent).
The Office also focused on developing skills to better prevent and manage workplace conflict, or “conflict competence,” he said. In 2014, more than 200 outreach activities had been conducted to that end by professional ombudsmen and mediators. The Office continued to analyse the root causes of conflicts and provide feedback to the Organization. Some systemic issues included abrasive behaviour and incivility; staff serving in dangerous environments; and deficient or absent internal communications contributing to conflict, particularly during times of change. Although the Office sought to address demand for its services, particularly in field offices for peacekeeping and special political missions, through innovative approaches such as video-conferencing, WebEx meetings, Skype and telephone conversations, in-person services were considered essential and more effective according to staff feedback. Processes termed as “downsizing,” “streamlining” or “reconfiguration,” tended to create uncertainty, confusion and stress, or serious conflicts, which often led to a higher demand for services provided by his Office.
BABOU SENE, Vice-Chair of the Advisory Committee on Administration and Budgetary Questions (ACABQ), introduced the Advisory Committee’s related report (document A/70/420), which reviewed data on the activities of the administration of justice system in 2014 and the Secretary-General’s responses to Assembly requests made in resolution 69/203. Regarding trends in the justice system’s activity, ACABQ noted that the statistics showed a continuing fluctuation in the number of cases received by different parts of the formal system from year-to-year. Therefore, it was too early to draw conclusions about what made up a normal level of use of the formal system and whether the caseload had stabilized. The Advisory Committee welcomed the establishment of the interim independent assessment of the justice system to evaluate the system’s functioning and ensure it was meeting its objectives as a mechanism to effectively resolve labour disputes within the Organization.
Regarding resources requirements, the Advisory Committee had no objections to the proposed extension of the three ad litem judges of the Dispute Tribunal, Mr. Sene said. The ACABQ also supported the continued involvement of the Ombudsman’s Office in the development of human resources’ policies and practices. It regretfully noted that the Secretary-General had not yet complied with the Assembly’s request to finalize the terms of reference for the Ombudsman’s Office and expected ongoing consultations would be conclude soon and the related Secretary-General’s bulletin promulgated no later than the end of February 2016.
KAREN LINGENFELDER (South Africa), speaking on behalf of the “Group of 77” developing countries and China, said administration of justice was an integral part of an effective human resources management system. Its aim — to be independent, transparent, professional, decentralized, have adequate resources and be consistent with the relevant rules of international law and due process — would help ensure respect for the rights and obligations of staff members and the accountability of managers and staff members alike. The Group appreciated the achievements made in the system to address the backlog of cases and take on new cases. It believed the Tribunals, with strengthened operational capacity, would make additional progress and that any reduction in their judicial capacity would significantly increase the length of time needed to finish the cases. The Group believed that the informal resolution of disputes was an essential part of the justice system and commended the Ombudsman Office’s efforts to resolve disputes. The Group remained concerned about the increase of applications in the system, which reflected poorly on management and relations between staff and management.
Regarding the Assembly’s request in resolution 69/203, the Group welcomed the establishment of a panel of independent experts to examine all aspects of the justice system, particularly the formal system’s relation to the informal system, she said. The Group recalled that the aim of the interim assessment was to improve the current system and it looked forward to the panel’s recommendations, along with input from the Secretary-General, at the Assembly’s seventy-first session. The Group also appreciated the increased use of the informal resolution process. Yet it regretted that the Secretary-General had not yet fulfilled the Assembly’s requests to ensure revised terms of reference and guidelines for the Ombudsman’s Office were promulgated. It also regretted that the single code of conduct for all legal representatives was not yet in place.
JUSTIN KISOKA (United Republic of Tanzania), speaking for the African Group, expressed concern that an increase in applications with the Dispute Tribunal and the Appeals Tribunal might indicate weak management and poor relations between staff and management. The Group noted that, during the reporting period, the number of judgements and order issues and court sessions held in the Dispute Tribunals in Geneva were considerably lower than those in New York and Nairobi, partly due to the absence of a full-time judge for most of the year following the resignation of one. The Group welcomed the proposed extension of the three ad litem judges of the Dispute Tribunal and the supporting staff to keep up with the caseload and reduce the time taken for the disposition of cases.
The 20 per cent increase in cases involving non-staff personnel was worrisome, he said, seeking further clarification on efforts undertaken to address that issue. He also voiced concern that the Secretary-General’s report did not include information on the implementation of paragraph 20 of Assembly resolution 69/203 related to the revised terms of reference and guidelines for the Office. The Group would closely follow measures taken in all offices, including new cases related to the Economic Commission for Africa (ECA), which had been of serious concern to the Group.
MATTHIAS DETTLING (Switzerland), speaking also for Liechtenstein, said his delegation looked forward to hearing the views of the Sixth Committee (Legal) on the legal aspects of the Secretary-General’s report on the administration of justice at the United Nations, without prejudice to the role of the Fifth Committee as the main body entrusted with responsibilities for administrative and budgetary matters. He welcomed the establishment of the panel of independent experts commissioned to assess the administration of justice system at the United Nations, and looked forward to receiving the panel’s recommendations at the Assembly’s seventy-first session in 2016. The report should cover all major aspects, including access of non-staff personnel, including interns, to an effective legal remedy, and effectiveness of whistle-blower protection. He concurred with the Internal Justice Council that determinations of the Ethics Offices should be subjected to some form of judicial review. He supported the proposed extension by one year of an experimental staff-funded mechanism to supplement the resources of the Office of Staff Legal Assistance.
BRIAN CONROY (United States) supported a United Nations internal justice system that was transparent, impartial and efficient. It must be capable of resolving employment-based grievances and disputes, including disputes stemming from disciplinary measures against staff and officials who had engaged in misconduct, or in wrongful or actionable negligence while carrying out their duties and obligations. He welcomed steps to resolve cases informally and to prevent litigation through greater cooperation between the formal and informal parts of the justice system, and he encouraged continued progress in that area. Recognizing the important informal resolution work of the Ombudsman’s Office, he looked forward to the Secretary-General’s report on revised terms of reference for the Office. He was concerned that many cases brought before the justice system were the result of performance management issues. Since the administration of justice and human resources management were linked, the Secretary-General should increase efforts to develop outreach and training resources to resolve disputes.
Management evaluations were a critical component of the internal justice system and the United States was concerned with the difficulty in meeting the statutory deadlines for the evaluations’ completion, he said. The United States appreciated the work of the Tribunals and it was important to develop a clear body of precedent to which they adhered. It also was important to respect the institutional role of the Assembly, as the Organization’s legislative organ, and the role of independent judges of the Tribunals. With that in mind, the United States welcomed the creation of the panel of experts to carry out an independent assessment of the system and looked forward to its recommendations, along with the Secretariat’s input.
KEISUKE FUKUDA (Japan) said it was important for staff and managers to understand and adopt conflict resolution and prevention skills and he appreciated the work of the Ombudsman’s Office. However, his delegation was concerned about an increase in the number of pending cases in the Dispute Tribunal, and therefore supported extending the three ad litem judge positions for one year through 31 December 2016. Welcoming the establishment of a panel of independent experts to conduct an interim assessment, he said the panel’s recommendations, along with the report and comments of the Secretary-General, should be comprehensive and cover all major aspects of the justice system, including the continuation of a voluntary supplemental funding mechanism for the Office of Staff Legal Assistance.