In progress at UNHQ

Seventy-ninth Session,
17th Meeting (AM)
GA/AB/4481

Fifth Committee Delegates Voice Concern over Disproportionate Impact of Proposed Budget Cuts on International Residual Mechanism for Criminal Tribunals in 2025

While supporting the Secretariat’s request for $62.3 million to keep the International Residual Mechanism for Criminal Tribunals running smoothly in 2025, some delegates at the Fifth Committee (Administrative and Budgetary) today voiced concerns with the uneven impact upcoming cutbacks would have on the Mechanism’s operations in Arusha.

Egypt’s delegate, speaking on behalf of the African Group, said the proposed 2025 resources are down 8 per cent compared to 2024, mainly due to the proposed abolishment of five temporary posts and 22 general temporary assistance positions by the end of 2025, as well as other decreased requirements under other non-post resources.  “The African Group is concerned about the disproportional impact these reductions and abolishment could have on the operation of the Mechanism in Arusha,” he said, adding that the Group is also troubled with the delayed nationalization of posts in Arusha.

Echoing these concerns, the representative of Uganda, speaking for the Group of 77 and China, pointed out that four of the five posts proposed for abolishment are located in Arusha, and one post, a P-4 Chief Security Officer, was originally transferred from Arusha to The Hague.  “The Group of 77 and China is once again concerned of the serious level of bias on the post and GTA reductions, which continues to be skewed in [the] direction of the Mechanism’s Arusha branch,” he said.  “The Group continues to reject the double standards in the treatment of the two branches of the Mechanism.”  The Group is also seriously troubled that the current proposal still ignores paragraph 12 of Assembly resolution 78/249, regarding the nationalization of positions.  “We strongly encourage the Mechanism to nationalize posts as mandated by the General Assembly resolution,” he said.

As the Mechanism transitions into a new phase as a truly residual institution, delegates also voiced concerns with the location of its archives and the provision of library and external relations services.

Rwanda’s delegate reiterated his delegation’s call to relocate the archives of the International Criminal Tribunal for Rwanda and its Residual Mechanism to Rwanda, as they hold significant historical value, “including decades of testimonies, records and evidence critical for the Rwandan society and its process of healing”.  Noting that the 31st anniversary of the 1994 genocide against the Tutsi will be marked in several months, he said his Government advocates for managing its respective archives on Rwandan soil, ensuring accessibility and confidentiality. It is committed to providing the necessary resources and infrastructure for their effective and secure management “with no or minimal financial implications to the United Nations”.

Looking ahead, the representative of the United Republic of Tanzania urged the Secretariat to be cautious as it decides how to provide services to run the Mechanism’s external relations and library.  These services should account for international expertise while considering local requirements and sensitivities such as the needs of students and researchers, including their language needs.  As the Mechanism’s functions diminish over time, opportunities will emerge for other United Nations entities to use available space to ensure Member States’ investment is not wasted, he said, and welcomed the World Food Programme’s initiative to use part of the facility’s space.

Gambia’s delegate noted the tremendous efforts of the Mechanism’s Registrar, Abubacarr Marie Tambadou, to ensure the effective downsizing and reduction in expenditures since 2020.  The pattern of downsizing will reduce the Mechanism’s post and general temporary assistance positions by nearly 65 per cent at the end of 2025.  “This is significant,” she said, adding that it shows the Mechanism’s resolve to adhere to Security Council and Assembly resolutions.

Secretariat Delivers Its Reports

Chandramouli Ramanathan, United Nations Controller and Assistant Secretary-General for Programme Planning, Finance and Budget in the Department of Management Strategy, Policy and Compliance, presented the Secretary-General’s performance report on the budget of the Residual Mechanism for 2023 (document A/79/373) and his report on the proposed budget for the Mechanism in 2025 (document A/79/555).

Turning to the first report, he said final expenditure for 2023 totalled $77.9 million (gross), $4.1 million less than the appropriation approved by the General Assembly in resolution 77/261.  There was also $8.9 million related to the cancellation of prior-period commitments and other revenue recorded as provisions in the 2023 financial statements, which contributed to a total returnable amount of $13.0 million (gross). The Secretary-General proposes to credit this amount against the Mechanism’s assessments of Member States for 2025.

The Mechanism’s performance was driven partly by the successful completion of the appeal proceedings in the Stanišić & Simatović case in The Hague and the indefinite suspension of the trial of Félicien Kabuga in September 2023, which contributed substantially to the return of funds in previous years.  “During the year, the Mechanism transitioned into a truly residual institution as there were no longer any active trials or appeals of core crime cases before the Mechanism,” he said.

In 2025, the Mechanism will focus on mandated residual activities, including supervising the enforcement of sentences; protecting victims and witnesses; providing assistance to national jurisdictions, particularly those in the countries of the former Yugoslavia and in Rwanda; preserving and managing the archives of the Mechanism and the predecessor tribunals for the former Yugoslavia and Rwanda; and monitoring cases referred to national jurisdictions.  After recosting adjustments of $2.1 million, primarily for inflation, the Secretary-General asks the Assembly to approve a $62.3 million gross ($57.5 million net) appropriation.

Advisory Committee on Administrative and Budgetary Questions (ACABQ) Presents Corresponding Report 

Amjad Qaid Al Kumaim, Vice Chair of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), then introduced the Advisory Committee’s financial performance report on the Mechanism’s 2023 budget and proposed budget for 2025 (document A/79/619).  He noted that the Secretary-General will present reports to the Security Council by 31 December 2025 on the financial impact of possible locations of the archives and options to transfer functions such as supervision of the enforcement of sentences to national jurisdictions.  The Advisory Committee urges the Secretariat to expand the Mechanism’s efficiencies as it streamlines its operations.  The Mechanism should also improve the rate and timeliness of the Board of Auditors’ outstanding recommendations.

The representative of Uganda said the Group is seriously concerned with the slow pace of implementation of the Board’s recommendations and agrees these recommendations should be implemented immediately.  “The Group of 77 and China would also like to reiterate the need for the Mechanism to promptly and efficiently complete its remaining work,” he stressed.

Capital Investment Planning

Mr. Ramanathan presented the Secretary-General’s report on capital investment planning (document A/79/510).  The report reflects the outcomes of work carried out during 2024 to finalize detailed integrated project master plans for four of the five projects outlined in last year’s report:  safety and security needs at Headquarters, offices away from Headquarters and Regional Commissions; the renovation of the Economic Commission for Latin America and the Caribbean (ECLAC) buildings and facilities; the renovation of the United Nations Economic Commission for Africa’s (ECA) compound; and renovation of the UN House in Jerusalem.  Resources relating to the fifth project, conferencing systems at Headquarters, were presented to the Assembly as part of section 33 of the programme budget for 2025, he said. 

While the report does not contain any resource proposals, it provides credible resource estimates and a schedule based on detailed implementation plans.  Annex V provides an overview of estimated outlays, alongside an attempt to illustrate a stable financing schedule from 2026 to 2034, for the Assembly’s consideration.

Mr. Al Kumaim, introducing ACABQ’s eponymous report (document A/79/7/Add.15), said the Advisory Committee believes the capital investment proposals continue to be driven reactively rather than via a proactive portfolio management approach.  A holistic, consolidated and transparent assessment of the capital investment requirements is still needed for information and planning purposes.  This will give the Assembly informed consideration for any future capital investment or progressive maintenance requirements.

Administration of Justice

Fifth Committee Vice-Chair Johanna Bischof (Austria) then drew delegates’ attention to a 25 November 2024 letter (document A/C.5/79/21) from the General Assembly President addressed to the Fifth Committee Chair.  The letter transmits a 22 November 2024 letter from the Sixth Committee Chair under the Fifth Committee agenda item “Administration of Justice at the United Nations”.

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For information media. Not an official record.