Delegates in Fifth Committee Voice Concern over Proposed Cuts to 2024 Budget, Staffing of International Residual Mechanism for Criminal Tribunals
Delegates in the Fifth Committee (Administrative and Budgetary) today voiced their concerns with the Secretariat’s proposal to decrease the 2024 budget of the International Residual Mechanism for Criminal Tribunals by 22 per cent to $63.9 million while cutting dozens of posts without following General Assembly resolutions on the nationalization of staff.
Ethiopia’s representative, speaking for the African Group, said it is disturbed with the proposal to abolish 15 posts in Arusha and five posts in The Hague as well as cutting 77 general temporary positions in the coming year. “This, coupled with the continued report of underperformance, is a cause of serious concern for our Group,” she said, which is also dismayed by the reductions’ disproportional impact on the Mechanism’s operations in Arusha. “It also undermines Assembly resolutions on the nationalization of positions,” she added.
Cuba’s delegate, speaking for the Group of 77 and China, emphasized that no administrative and budgetary proposal or initiative should be implemented without prior Assembly approval through the Fifth Committee. The Mechanism's staffing and resources should be more concentrated on residual functions within the Registry component. “We are concerned that the proposal before the Committee is opposite,” he said, adding that it concentrates reductions on lower positions and within the Registry component in Arusha.
Delegates also were troubled by the absence of a final Secretariat report on the construction of a new facility in Arusha and stressed the need to maintain the facility’s outreach services. The United Republic of Tanzania’s representative voiced unease over the uncertainty in ending the construction process, emphasizing that the Secretary-General has yet to submit the report mandated by the Assembly. He also warned against closing the external relations function of the Arusha branch, which will deprive the public of access to historical information and education.
The speaker for Rwanda said Member States must ensure the Mechanism is backed by the necessary resources to carry out its mandate and noted that 2024 will mark 30 years since the genocide against the Tutsi in his country. “So, as we discuss the budget of this International Residual Mechanism for Criminal Tribunals, let us remember that the goal is not about posts and cuts, etc., but giving justice to more than 1 million women, men and children we lost in the 1994 genocide against the Tutsi,” he said.
Introducing the Secretary-General’s reports, Maria Costa, Director of the Finance Division of the Office of Programme Planning, Finance and Budget, in the Department of Management Strategy, Policy and Compliance, said the proposed 2024 budget reflects the Mechanism’s start as a truly residual entity. “The conclusion of these final two cases of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, respectively, is a watershed moment in the history of the Mechanism,” she said. The proposed 2024 budget is consistent with “the Security Council’s vision of a small, temporary and efficient structure” whose functions and size will diminish over time, with a small number of staff commensurate with its reduced functions.
Jakub Chmielewski, Vice-Chair of the Advisory Committee on Administrative and Budgetary Questions, presented the body’s related report.
Ms. Costa took the floor again to introduce the Secretary-General’s report on the revised budget for the Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) for the 12-month period that began on 1 July 2023. After the Security Council’s decision to close the Mission, the revised budget of $866.9 million (inclusive of the $590 million authorized by the Assembly) represents a decrease of $378.2 million, or 30.4 per cent, compared to the 1 July 2022 to 30 June 2023 approved budget. Mr. Chmielewski introduced the Advisory Committee’s related report.
International Residual Mechanism for Criminal Tribunals
MARIA COSTA, Director of the Finance Division of the Office of Programme Planning, Finance and Budget, in the Department of Management Strategy, Policy and Compliance, introduced two Secretary-General reports: “Performance report on the budget of the International Residual Mechanism for Criminal Tribunals for 2022” (document A/78/390) and “Proposed budget for the International Residual Mechanism for Criminal Tribunals for 2024” (document A/78/534). Turning first to the 2022 performance report, she said the 2022 budget’s implementation was affected mainly by the postponement of the Kubuga trial. As the impact of COVID‑19 gradually subsided during 2022, the Mechanism largely resumed its normal operations. The performance report cites a surplus of $7.0 million gross ($6.4 million net) for 2022. In addition, the amount of prior-period commitments cancelled and other revenue recorded as provisions in the 2022 financial statements totalled $3.4 million. This contributed to a total returnable amount of $10.4 million gross ($9.8 million net), which is proposed to be credited against the Mechanism’s assessments of Member States.
In 2023, the appeal judgment in the Stanišić and Simatović retrial was rendered in May. In September, following an earlier decision of the Appeals Chamber, the Trial Chamber imposed an indefinite stay of proceedings in the case against Félicien Kabuga. “The conclusion of these final two cases of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, respectively, is a watershed moment in the history of the Mechanism,” she said. The proposed 2024 budget consequently reflects the Mechanism’s start as a truly residual entity, consistent with “the Security Council’s vision of a small, temporary and efficient structure” whose functions and size will diminish over time, with a small number of staff commensurate with its reduced functions. She said that in 2024 the Mechanism will narrow its focus to carrying out mandated continuous activities, and possibly some ancillary judicial activity in the Kabuga case, in connection with the indefinite stay of proceedings.
The tracking of the three remaining fugitives indicted by the Rwanda Tribunal, whose cases were referred to Rwanda for trial, will remain a priority, including the monitoring of previous referral cases. In accordance with Council resolution 2637 (2022), the Mechanism will continue its efforts to expeditiously find durable solutions to relocate the acquitted and released persons who have completed serving their sentences. The overall resource requirements proposed for 2024 amount to $63.9 million (before recosting), reflecting a decrease of $18 million, or 22 per cent, compared with the 2023 appropriation. That includes a reduction of 20 posts and 77 general temporary positions. The proposal reflects the Mechanism’s efforts to gradually downsize its operations as its functions are reduced, in line with the General Assembly’s request through resolution 77/261.
JAKUB CHMIELEWSKI, Vice-Chair of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), presenting the body’s related report (document A/78/621), noted the conclusion of all trials and appeals in the core crime cases before the Mechanism as well as the anticipated completion by the end of 2024 of the tracking of the remaining fugitives. He recalled that the General Assembly encouraged the Mechanism to ensure the prompt and efficient completion of its remaining work. As for the proposed requirements, while the main ad hoc judicial work ended in 2023 and the main workload for 2024 will be driven by residual continuous activities, the Mechanism, in 2024, will still have 246 posts and positions. In this regard, a reduction of 5 per cent ($1.1 million) to the proposed resources under other staff costs is recommended.
Considering the Mechanism’s reduced staffing and operations as well as its level of expenditures, adjustments under staff travel (25 per cent, or $251,600), general operating expenses (5 per cent, or $382,700) and grants and contributions (10 per cent, or $128,400) are also recommended. He trusted that, subject to the decision of the Security Council, the Secretary-General will, in the next budget submission, present a comprehensive downsizing plan for the Mechanism, which should reflect a further rationalization of the resources and greater efficiencies, based on the assessment of the remaining workload as well as staffing resources, and the streamlined provision of administrative support through shared service providers. The locations and levels of temporary posts at both branches should be reviewed, with further efforts made to ensure more accurate budgeting. He also added that the Mechanism should improve the implementation rate and timeliness of the outstanding recommendations of the Board of Auditors.
DIOSDADO HERNANDEZ (Cuba), speaking on behalf of the Group of 77 and China, noted the Secretary-General’s proposal for a 22 per cent reduction in the Mechanism’s budget compared to the current year, along with plans to eliminate 15 posts in the Arusha Branch and five in The Hague as well as 77 general temporary positions. The Mechanism's staffing and resources should be more concentrated on residual functions within the Registry component. “We are concerned that the proposal before the Committee is opposite,” he said, adding that it concentrates reductions on lower positions and within the Registry component in Arusha. “The Group rejects any double standard in this regard,” he said. Emphasizing that no administrative and budgetary proposal or initiative should be implemented without prior consideration and approval by the General Assembly through the Fifth Committee, he stressed the need for strict adherence to the statute of the Mechanism.
The lessons learned and best practices from the outreach programme to prevent genocide should be shared globally, he said, underscoring the need to strengthen outreach services in Arusha, while warning against initiatives restricting access to vital information for future generations. He also called for progress in nationalizing positions within the Mechanism and expressed concerns about the lack of a final report on the construction of a new facility in Arusha and the unresolved claim by the contractor, urging the Secretary-General to ensure a swift, amicable resolution of this issue in the best interest of the Organization, taking into account the experience from other capital projects. Turning to the Advisory Committee’s report, he expressed reservations on a number of comments and observations that support the arbitrary reduction and misallocation of resources proposed by ACABQ, adding: “We will submit specific proposals to address our concerns.”
LEMLEM FISEHA MINALE (Ethiopia), speaking on behalf of the African Group, noted the 22 per cent reduction in proposed 2024 resources for the Mechanism, compared with 2023, and the proposal to abolish 15 posts in Arusha and five posts in The Hague. In addition, 77 general temporary positions are proposed for reduction in the coming year. “This, coupled with the continued report of underperformance, is a cause of serious concern for our Group,” she said, which is also disturbed by the disproportional impact these reductions have on the Mechanism’s operation in Arusha. “It also undermines Assembly resolutions on the nationalization of positions,” she added. The African Group is concerned that the proposal does not return the posts and positions, temporarily transferred to The Hague during the Kabuga case, back to Arusha, and it will carefully study the details of each element of the proposed reduction. The Group is also concerned with the reported allegations of misconduct against some Mechanism staff in Arusha, she said.
She asked the Secretary-General to direct the Office of Internal Oversight Services (OIOS) to urgently follow up on this issue. Moreover, the Group is concerned that the Secretary-General has not presented the final report on the construction of a new facility for the Mechanism in Arusha. She also emphasized the need to settle claims and liability, including outstanding payments to the contractor. After the judicial activities are completed, the Secretary-General can present a proposal on the use of the Mechanism’s facilities in Arusha. One option is to use the space as a centre of excellence for international judicial cooperation, with a standing archive and library for the Mechanism and a standing exhibition and library for the history and best practices learned through the Mechanism. “We believe ongoing construction of the facilities for the [African Court on Human and Peoples’ Rights] in Arusha creates an opportunity for such cooperation,” she added.
YANNICK TONA (Rwanda), aligning himself with the Group of 77 and China and the African Group, observed that in a few months, the 1994 genocide against the Tutsi will be commemorated in its thirtieth year. There is therefore only one thing Member States can do: ensure the Mechanism has the necessary resources to carry out its mandate. “So, as we discuss the budget of this International Residual Mechanism for Criminal Tribunals, let us remember that the goal is not about posts and cuts, etc., but giving justice to more than 1 million women, men and children we lost in the 1994 genocide against the Tutsi,” he said. Expressing support for the proposed 2024 budget for the Mechanism, he cautioned that failure to avail it of resources will stall its work, affecting closure of the business. In the same vein, the Office of the Prosecutor, which has been vital in bringing justice to survivors, should be funded as it will enable the tracking, investigation and prosecution of over 1,000 genocide refugees who must still be brought to justice.
He voiced his Government’s concern about genocide convicts who, though they have been released, are still on the United Nations payroll. These individuals have a right to return to Rwanda — a position which has been repeatedly expressed to all successive principals of the court. However, any country wishing to help them should do so voluntarily, but they must not be kept on the Organization’s payroll, benefiting from assessed contributions of Member States, including Rwanda’s.
SULEIMAN HAJI SULEIMAN (United Republic of Tanzania), aligning himself with the Group of 77 and China as well as the African Group, expressed concern about the continued allocation of resources in an artificial manner across the Mechanism and its branches. The Secretary-General’s proposal should have considered the nationalization of positions as part of the downsizing efforts, aiming to achieve savings and efficiencies in mandate delivery, he said, underscoring that the nationalization process should have been applied to transactional and administrative functions. On the new facility construction for the Mechanism in Arusha, he voiced concern over the uncertainty in concluding the construction process, emphasizing that the Secretary-General has yet to submit the required report as mandated by the General Assembly. He further warned against closing the external relations function of the Arusha branch, which will deprive the public of access to historical information and education. He also requested the Secretary-General to propose future use for the available space in Arusha after the branch’s judicial and prosecution mandates conclude.
Financing of UN Multidimensional Integrated Stabilisation Mission in Mali
Ms. COSTA, Director of the Finance Division of the Office of Programme Planning, Finance and Budget, in the Department of Management Strategy, Policy and Compliance, introduced the Secretary-General’s report on the revised budget for the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) for the period from 1 July 2023 to 30 June 2024 (document A/78/516). She said that in resolution 2690 (2023) the Council decided to terminate the Mission’s mandate after the Fifth Committee had considered its 2023/24 proposed budget. The Council asked the Mission to immediately start, on 1 July 2023, the cessation of its operations, the transfer of its tasks and the orderly and safe drawdown and withdrawal of its personnel by 31 December 2023. The Mission’s liquidation is to start on 1 January 2024.
This process is to be performed in close consultation with the Transition Government of Mali and in coordination with the troop- and police-contributing countries, along with possible contributions of the United Nations country team, the United Nations Office for West Africa and the Sahel (UNOWAS) and other stakeholders, she said. In resolution 77/312, the Assembly authorized the Secretary-General to commit not more than $590 million for MINUSMA for the 1 July 2023 to 31 December 2023 period, while a revised budget was developed for the full period. The revised budget for the year-long period beginning 1 July 2023 totals $866.9 million (inclusive of the $590 million authorized by the Assembly). The amount represents a decrease of $378.2 million, or 30.4 per cent, compared to the 2022/23 approved budget.
She said the proposed revised budget reflects requirements for the deployment and gradual drawdown and withdrawal of 15,209 uniformed personnel and their equipment as well as 1,963 civilian personnel; the liquidation activities from 1 January to 30 June 2024, which include retaining 1,123 uniformed personnel and 493 civilian personnel; and additional transitional support required from the United Nations Logistics Base, the Regional Service Centre in Entebbe and the United Nations Headquarters during the drawdown, withdrawal and liquidation periods.
Mr. CHMIELEWSKI, Vice-Chair of ACABQ, presenting ACABQ’s related report (document A/78/608), acknowledged the collective efforts being deployed to implement the drawdown and withdrawal of MINUSMA under extremely challenging circumstances. He trusted that all necessary measures will be taken to provide security for UN personnel, facilities and assets, with the withdrawal of the Mission completed within the duration set by the Security Council in its resolution 2690 (2023) and in compliance with the applicable rules and regulations, while adapting to the evolving situation on the ground. Therefore, continuing positive cooperation between the Mission and the Transition Government of Mali is critical. The same applies to the application of lessons learned from other closed peacekeeping missions. The Advisory Committee expects that at the time the General Assembly considers the present report, the Secretary-General should have provided an update on MINUSMA’s drawdown, he said.
Detailed information, particularly on the closure of the Mission’s sites, disposition of assets, downsizing of personnel, transfer of programmatic activities, as well as the liquidation process and its envisaged timeframe should also be included in the Secretary-General’s next reports, he said. Noting that the Mission’s revised budget for 2023/24 amounts to $866 million, inclusive of the $590 million authorized by the General Assembly in its resolution 77/312 and represents a decrease of $378.2 million (or 30.4 per cent) compared with the level of resources approved for the 2022/23 period, he recommended the approval of the Secretary-General’s proposals.