Sixth Committee Approves Observer Status for Organizations Focusing on Response to Disasters, Fisheries Management
As Debates on Programme of Assistance, Internal Justice Administration Conclude, Speakers Consider Progress, Challenges
The Sixth Committee (Legal) today approved, without a vote, requests for observer status in the General Assembly for the International Civil Defence Organization, which promoted the development of governmental bodies and mechanisms to respond to natural and man-made disasters, and the Indian Ocean Rim Association, comprised of 20 countries, which focused on fisheries management and gender equality. For background, see Press Release GA/L/3501.
Prior to that action, the Committee deliberated on the administration of justice at the United Nations, taking into consideration the reports of the Secretary-General on that matter (document A/70/187), the activities of the Office of the United Nations Ombudsman and Mediation Services (document A/70/151), and the amendment to the rules of procedure of the United Nations Appeals Tribunal (document A/70/189). It also considered the report of the Internal Justice Council on the administration of justice at the United Nations (document A/70/188).
Recognizing progress made in the administration of justice at the United Nations, delegations underscored the system’s crucial role, since its inception in 2009, in ensuring the rights and obligations of personnel, as well as the accountability of managers and staff members.
Ecuador’s representative, speaking for the Community of Latin American and Caribbean States (CELAC), commended the system for striving to be independent, transparent, professional, adequately resourced, decentralized and consistent with international law, the rule of law and due process through its various mechanisms.
Nonetheless, the European Union’s representative pointed out, challenges remained. Citing the interim assessment that was in progress, he called for a thorough analysis of the Tribunals’ managerial functioning, as well as of their jurisprudence and working methods. Still, he noted, informal resolution of conflicts helped avoid expensive and time-consuming legislation. The use of alternative resolution of disputes and non-judicial settlement to avert litigation should be encouraged, he said, a view echoed by other delegations.
A number of speakers voiced concern with cases of persons not considered “staff”, therefore excluding them from the formal system of justice. Switzerland’s representative, recalling that her country was one of the Organization’s host States, spoke of an increasing public awareness regarding the differences in legal status between staff members and non-staff members, particularly with regard to interns. Not extending the protection offered by internal systems of justice to non-staff members could undermine public support for international organizations, she cautioned.
The United States’ representative commended the resolving of more than 200 cases pending in the formal system in 2014. Yet, it was critical to protect those who reported misconduct or cooperated with investigations. Beyond addressing alleged “retaliatory” personnel actions, it was important to ensure that employees felt safe reporting misconduct, he emphasized.
The Sixth Committee today also concluded its consideration of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, with delegations continuing to commend the work of the Office of Legal Affairs and in particular the Codification Division despite the financial constraints they faced in implementing the Programme’s activities.
Several speakers offered ways in which the Programme could continue to disseminate information. Malaysia’s representative observed that in reality, only a privileged few had been able to attend the courses since the Programme’s introduction. The study of international law should be made available and accessible to a wider audience, he said, suggesting efforts to focus on establishing linkages with institutions of higher learning and bar associations at the national level.
Thailand’s representative, as well, expressed support for the Codification Division efforts in exploring the possibility of making information from the Audiovisual Library available in other formats, including making materials in the Lecture Series available on podcasts or in other downloadable formats. That would enhance and enable accessibility to users in developing countries that experienced problems streaming those materials.
The representative of Barbados also welcomed the Codification Division efforts to make legal resources and materials available on podcast and DVDs, as well as its efforts to resume desktop publishing. Yet, she reminded the Committee that the upcoming courses for Latin America and the Caribbean in 2016 and 2017 would be the first time in ten years that such an event would be held in that region. It was critical for lawyers from the region to be exposed to emerging principles of international law, especially in States where multilateral conventions must be incorporated in domestic law.
Ethiopia’s representative also stressed that it was a matter of necessity, not of choice to intensify commitments to Programme’s implementation, a view echoed by many delegations. Thus, the law fellowship programme, regional courses in international law and the Audiovisual Library should be financed through the regular budget. His country, he said, had hosted five regional courses in international law for Africa from 2011 to 2015 and would be honoured to host the regional course for Africa on a permanent basis.
Also speaking today on the administration of justice at the United Nations were representatives of Australia (also speaking for Canada and New Zealand), Brazil and Philippines.
Also speaking today on the Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law were representatives of United States, China, Portugal, Viet Nam, Argentina, Nigeria, El Salvador, Brazil, Lebanon, Tanzania and Russian Federation.
The Committee will next meet at 10:00 a.m. on Monday, 2 November, to commence consideration of the Report of the International Law Commission on the work of its sixty-seventh session.
Statements on Programme of Assistance
JOHN ARBOGAST (United States) said the Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law continued to make a great contribution to educating students and practitioners throughout the world in international law, and had clearly earned ongoing strong support. He thanked the Office of Legal Affairs and the Codification Division in particular for its efforts in implementing the Programme, expressing appreciation for the “creative ways” in which the Division had been able to keep important components going in the face of limited resources. He encouraged them to continue their commendable efforts to secure voluntary contributions to supplement programme budget resources, even if budget resources increased. Regional courses in international law, the Audiovisual Library and the Programme’s other activities were valuable and well-run, and worthy of support.
SHI XIAOBIN (China), associating himself with the “Group of 77” developing countries and China, said that in recent years, his country had been making annual donations of $30,000 to the Programme in support of its Audiovisual Library and regional courses in international law in Asia and Africa. Several Chinese scholars had also made video programs for the Lecture Series of the Audiovisual Library. In April 2015, his country had hosted the fifty-fourth annual session of the Asian-African Legal Consultative Organization. It had also set up with that organization an exchange programme on international law, with a view to facilitating cooperation in the field among African and Asian countries. His country would be willing to explore the feasibility of cooperation with the Programme within the framework of that exchange initiative.
JOÃO MIGUEL MADUREIRA (Portugal), associating himself with the European Union and noting that he was a member of the Programme’s Advisory Committee, expressed his satisfaction with the work of the Secretariat. He noted that a few years ago several landmark activities of the Programme had been at risk of being lost. He said he was pleased at the way in which Member States had rallied to ensure continuance of those programmes through a compromise solution. However, he pointed out that the resolution adopted last year was meant to ensure the Programme’s continuance at its minimum level. Given the importance of the Programme, more should be done so that it could meet the ever-growing requests for assistance.
NGUYEN TA HA MI (Viet Nam), associating herself with the Association of South-East Asian Nations (ASEAN) and the “Group of 77” developing countries and China, said that full implementation of the rule of law at national and international levels was crucial for the maintenance of durable peace, peaceful settlement of disputes, effective protection of human rights and the implementation of the 2030 Agenda for Sustainable Development. The Programme of Assistance was a key tool to those goals and its programmes deserved to thrive for years to come. It was an important building block in the promotion of rule of law that incorporated fundamental issues, including peace, security and development. Therefore, she stated her full support of its activities.
WESARAT KEOKAJEE (Thailand) said the Audiovisual Library enabled lawyers all over the world to have access to low cost and high quality legal training through the Internet. He voiced support for the Codification Division’s efforts in exploring the possibility of making lectures in the Lecture Series available on podcasts or in another downloadable format. That would make them more accessible to users in developing countries that experienced problems in streaming those materials. The regional courses in international law equipped all legal practitioners from developing countries in Africa, Asia-Pacific, Latin America and the Caribbean with invaluable knowledge through high-quality training conducted by the world’s leading scholars and practitioners. They also served as a forum to establish regional networks. He said his country was honoured to be the host country for the regional course for Asia-Pacific in 2012 and stood ready to host the regional course for Asia-Pacific in 2016.
JOSÉ LUIS FERNANDEZ VALONI (Argentina), associating himself with the Community of Latin American and Caribbean States (CELAC), emphasized the importance of Programme of Assistance publications and resources. Their functions went beyond public officials or practicing lawyers. He noted with concern that the courses for his region and for Asia Pacific had not taken place. Regarding the international law scholarships and the Hamilton Shirley Amerasinghe Fellowship on the Law of the Sea, he lamented the lack of resources in the trust fund and hoped that in future the Secretary-General’s report would include the relevant information. He welcomed the Advisory Committee on Administrative and Budgetary Questions’ (ACABQ) approval for regular budgetary funds for the Regional Courses and the Audiovisual Library in the coming biennium requested in resolution 69/117. That resolution had also requested regular budget funding for the Amerasinghe Fellowship should voluntary contributions be insufficient. He said that Argentina would support those requests. He also favoured consideration of the financial situation of courses and seminars on the law of treaties organized by the Treaty Section in the next sessions.
TIWATOPE ADELEYE ELIAS-FATILE (Nigeria), associating himself with the Group of 77, underscored that voluntary contributions could never be sufficient to fund the Programme. He expressed concern that due to lack of funding, no regional courses in international law for Asia-Pacific and Latin American and the Caribbean had been held in 2014-2015 and that the Amerasinghe Fellowship in 2014 had not been granted. Moreover, there was no sufficient funding for the 2016 award. He supported the Group of 77’s statement, presented earlier by the delegate of South Africa, that proposed regional courses with at least 20 fellowships a year and the Audiovisual Library be included in the United Nations’ regular budget. Should voluntary contributions be insufficient for granting at least one fellowship a year, he also supported the proposal for the funding of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea through the regular budget.
HECTOR ENRIQUE CELARIE LANDAVERDE (El Salvador) highlighted the Programme’s importance and said that its fiftieth anniversary marked a success for the United Nations. Noting that a member of his country’s Ministry of Foreign Affairs had participated in the International Law Fellowship Programme in The Hague in June 2015, he said that for developing countries such as his, such programmes helped build capacity and had a multiplying effect. He urged that efforts continue to disseminate legal publications and support the Audiovisual Library. They were essential to spreading knowledge of international law, especially for countries that had no programmes of their own in that field. Recognizing the merits of the Programme was equivalent to recognizing the importance of international law and other objectives of the United Nations.
SHAHARUDDIN ONN (Malaysia), associating himself with the Non-Aligned Movement, said that while participation or enrolment in the courses offered under the Programme of Assistance had been highly sought after, in reality, only a privileged few had been able to attend the courses since its introduction. Thus, Member States should strive to ensure that the study of international law was made available and accessible to a wider audience to the furthest extent possible. Promoting the study and appreciation of international law at the national level could be a worthwhile consideration. Linkages could perhaps be established with institutions of higher learning and bar associations at the national level. Noting the apparent lack of awareness of the Audiovisual Library among users or potential users in developing countries, he welcomed the Codification Division’s intention to explore the possibility of making its materials in the Lecture Series available in other formats. Cooperation with academic institutions and national bar associations in developing countries could also be helpful in promoting awareness of the Audiovisual Library.
TEKEDA ALEMU (Ethiopia), associating himself with the Group of 77 and the African Group, said the understanding and dissemination of international law was a key component, among other things, in promoting the rule of law at the national and international levels. Hence, it was a matter of necessity, not of choice to intensify commitments to the implementation of the Programme. Concerned with the Programme’s lack of sufficient funding, he expressed support for the Advisory Committee’s recommendation that the Secretary-General be authorized to carry out the law fellowship programme, regional courses in international law, as well as the development of the Audiovisual Library, and to finance them through the regular budget, in particular for the biennium 2016-2017. Demonstrating its commitment to support the Organization’s efforts, his country had hosted five regional courses in international law for Africa from 2011 to 2015. He said it had concluded the necessary host country agreement and would be honoured to host the regional course for Africa on a permanent basis.
JULIETTE RILEY (Barbados), associating herself with the Group of 77, CELAC and the Caribbean Community (CARICOM), welcomed the Codification Division efforts to make information from the Audiovisual Library available on podcast and DVDs, as well as its efforts to resume desktop publishing. In addition, she supported the preparation of a handbook of legal materials for the Regional Courses. She further welcomed the decision of the Secretary-General to include financing for the Programme in the regular budget, and plans to convene the Regional Courses for Latin America and the Caribbean in 2016 and 2017, which would be the first time in ten years that a course would be held in that region. It was critical that lawyers from the region be exposed to emerging principles of international law, especially in States where multilateral conventions must be incorporated in domestic law. She looked forward to the support of all delegations in approving funding from the regular budget in the General Assembly.
PATRICK LUNA (Brazil), associating himself with the Group of 77 and the Community of Latin American and Caribbean States (CELAC), said that over the last five decades the Programme’s fellowships, regional courses, publications and Audiovisual Library had been educating successive generations in international law, especially in developing countries. Expressing concern with the Programme’s lack of resources, he welcomed the resolution requesting the Secretary-General to include additional resources under the proposed programme budget for the biennium 2016-2017 for regional courses and the Audiovisual Library. Following that historical decision, it was now time for the Fifth Committee [Administrative and Budgetary] to continue those efforts. His delegation was committed to pursuing due approval in the Fifth Committee so that the Programme received the means it deserved.
Mr. HITTI (Lebanon), associating himself with the Group of 77, deplored financial constraints on the Programme of Assistance at a time when the international community was reaffirming its commitment to promote and respect international law. The Programme was a central tool to reinforce the rule of law and could help to fill the gaps between States with limited capacities and others with larger resources. In that regard, the Programme was essential and should be funded from the regular budget. Noting that the first International Law Seminar for Arab States would be held in Cairo in November, he expressed appreciation to those who had made that possible, singling out the Codification Division, the host country Egypt and the League of Arab States. He also voiced hope that the November seminar might lead to the development of a regular United Nations training programme for Arab States.
BENEDICT T. MSUYA (United Republic of Tanzania), associating himself with the Group of 77 and the African Group, noted the Codification Division’s continued cooperation and guidance to the African Institute of International Law. He said he valued as well the attendance of the Advisory Committee’s Secretary at the inauguration of the African Institute in February 2015 in Arusha during which the Institute’s first training course on bilateral investment treaties and arbitration was launched. Expressing gratitude that a regional seminar on international law had been successfully organized in Addis Ababa in February 2015, he commended the African Union, Ethiopia, Member States, international organizations, and other parties whose voluntary contributions had enabled the implementation of the Programme in the region. Expressing concern with the financial difficulties it faced, he urged full financial support for the Programme through the United Nations’ regular budget.
Ms. SARENKOVA (Russian Federation) said the Programme of Assistance was an important factor in encouraging the rule of law internationally. Voluntary contributions had been insufficient and had jeopardized or prevented implementation of projects in the past years. She said she was pleased that for the next two years, the work of the Programme would be financed from the regular budget. She anticipated that, with the support of Member States, the Programme’s lack of funds would be resolved and its functioning would move ahead in a sustainable and predicable way. She commended the efforts of the United Nations and the Office of Legal Affairs, in particular, in developing the Programme.
Statements on Administration of Justice
AGUSTÍN FORNELL (Ecuador), speaking for CELAC, expressed satisfaction with progress made by the administration of justice system since its inception. That system aimed to be independent, transparent, professional, adequately resourced, decentralized and consistent with international law, the rule of law and due process to ensure the rights and obligations of staff members and the accountability of managers and staff members alike. Voicing support for the Office of Staff Legal Assistance, he pointed out that plans for its extension and with respect to its voluntary supplemental funding mechanism should be complementary and take into account the views of stakeholders. He also encouraged the Internal Justice Council to continue providing its views on the system of justice.
However, he expressed concern about cases of persons not considered “staff” who were thus excluded from the formal administration of justice system and from recourse to labour processes in individual countries. The measures submitted by the Secretary-General to institutionalize good management practices to prevent or mitigate disputes among parties from various categories of staff should be noted and analysed. The substantive volume of work before the United Nations Dispute and Appeals Tribunals also could benefit from improved use of the informal system. He further stressed the importance of the management evaluation unit process in the prevention of unnecessary litigation before the Dispute Tribunal. Regarding the Office of the United Nations Ombudsman and Mediation Services, he called for implementation of incentives that would encourage greater recourse to informal resolution. In that light he said the Office must have the necessary support to perform its mandate; the Sixth and Fifth Committees must coordinate to avoid overlaps.
GILLES MARHIC, European Union, noting the continuous progress in the administration of justice since 2009, said the processing of cases through all phases of both the informal and formal systems continued to demonstrate improvements in efficiency and fairness of procedure. However, some challenges still remained to be addressed. He welcomed the appointment by the Secretary-General in April 2015 of a panel of independent experts and looked forward to receiving its recommendations during the General Assembly’s seventy-first session. He reiterated the call for a thorough analysis not only of the managerial functioning of the Tribunals, but also of their jurisprudence and working methods under the statutes and rules of procedure. The interim assessment should also represent an opportunity to evaluate the impact of case law on the work of United Nations managers in order to verify to what extent the principles enshrined in the jurisprudence of the Tribunals were implemented in the practice of the Organization.
The Internal Justice Council had a key role in promoting independence, professionalism and accountability in the system of administration of justice, he said. The informal resolution of conflicts was one of the most crucial elements in the system, helping to avoid expensive and time-consuming legislation. Noting the 7 per cent increase of cases that the Office of the Ombudsman had opened in 2014, he said the growing rate of referrals signalled a heightened awareness of the benefits of mediation as a conflict resolution mechanism. With respect to the Management Evaluation Unit, he expressed appreciation for the high number of complaints disposed of every year, stressing that the alternative resolution of disputes and non-judicial settlement must be encouraged and efforts to avert litigation should not be spared. Detailing the system’s other aspects, he also said that on the issue of the legal protection of non-staff personnel, he favoured a differentiated system that provided an adequate, effective and appropriate remedy. The Organization should always provide answers to non-staff personnel and where appropriate should not refrain from proposing possible remedies.
JULIA O’BRIEN (Australia), also speaking for Canada and New Zealand, commended the progress over the last six years. Efforts to raise awareness among staff of the importance of financial contribution to the Office of Staff Legal Assistance and, in particular, for implementation of incentives to keep staff from opting out of the automatic payroll deductions, should be supported. She encouraged continued work to settle disputes through informal pathways, which could avoid unnecessary, time-consuming and costly litigation. Also welcomed was the interim independent assessment, which would examine the system in all its aspects including whether its aims were being achieved efficiently and cost effectively.
She voiced support for the request that the Secretary-General submit a single code of conduct for all legal representatives appearing before the Dispute Tribunal or the Appeals Tribunal, which, among other things would affirm that all parties to a dispute were equal. That would also complement the imperative that any internal justice system be accessible to all staff members regardless of duty station. She also looked forward to the Secretary-General’s submission of a proposal, as called for in General Assembly resolution 69/203, which addressed the issue of harmonizing privileges and immunities of judges on the Dispute and Appeals Tribunals, among other things.
DAMARIS CARNAL (Switzerland) welcomed the appointment of the panel of experts, who had commenced its work on the independent interim assessment of the administration of justice in May 2015. She also underscored the importance of appropriate mechanisms for the settlement of work-related disputes with United Nations’ non-staff personnel. Recalling that her country was one of the Organization’s host States, she noted the increasing public awareness of the differences in legal status between staff members and non-staff members, in particular with regard to interns. Not extending the protection offered by internal systems of justice to non-staff members could undermine public support for the jurisdictional immunities of international organizations. She supported the establishment of a mechanism to resolve work-related disputes between management and judges of the two Tribunals, observing that they themselves were non-staff members of the United Nations. Discussing other aspects in the administration of justice, she stressed that an independent, effective and accessible internal justice system was a necessary corollary to the Organization’s jurisdictional immunities. Possible shortcomings of that system should be addressed sooner than later.
STEPHEN TOWNLEY (United States) commended the resolving of more than 200 cases pending in the formal system in 2014 without the need for final adjudication on the merits. Also welcomed was the functioning of the management evaluation and formal adjudication systems, and the assessment of the administration of justice system, which was under way. Among several areas where he sought improvement, he stressed protection of those who reported misconduct or cooperated with investigations as critical, which had been made all the more salient by recent “horrific incidents of sexual exploitation and sexual abuse”. Beyond addressing alleged “retaliatory” personnel actions, it was important to ensure that employees felt safe reporting misconduct, he said.
PATRICK LUNA (Brazil), associating himself with CELAC, said that the administration of justice system had proven indispensable to further strengthen adherence to legality and due process within the Organization. He welcomed efforts by all areas of the formal system to encourage informal dispute resolution. However, he noted the limited knowledge of many staff members, particularly those in the field, of the internal justice system. In that light, the Office of Staff Legal Assistance should continue its outreach and training activities. While the increased caseload of the Management Evaluation Unit, and both the Dispute and Appeals Tribunals over the last year might be positively viewed as the consequence of increased awareness and trust of staff members, it brought with it the need for greater human and material resources. If overlooked, the efficiency and reputation of the system could be endangered. He also urged the proper geographical and gender representation on the two Tribunals as elections to fill their vacancies approached.
IGOR GARLIT BAILEN (Philippines) said that increasing experience and jurisprudence since the system’s introduction made it possible to further clarify policy, procedure and interpretation towards taking a preventive approach to disputes. In that regard, he expressed support for the efforts of the Management Evaluation Unit to foster good management practices to address the underlying factors that gave rise to disputes. He also welcomed the Secretary-General agreeing to the Sixth Committee recommendation to harmonize the privileges and immunities of the judges of both the Dispute and Appeals Tribunals. All legal representatives should be held to the same standards of professional conduct. He also said he looked forward to the improved terms of reference for the Office of the Ombudsman and Mediation Services.
Action on Draft Resolutions
The representative of the Russian Federation called on Member States to support the draft resolution on the Observer status for the International Civil Defence Organization in the General Assembly (document A/C.6/70/L.6). It was approved without a vote.
Australia’s representative, noting additional sponsors of the draft resolution on the Observer status for the Indian Ocean Rim Association in the General Assembly (document A/C.6/70/L.8), said the Association could make a strong contribution to the Assembly’s work particularly in the implementation of the Sustainable Development Agenda. The text was approved without a vote.