United Nations General Assembly: Fifth Committee
22 March 2007
Item 128: Administration of Justice at the United Nations
Statement by H.E. Robert Hill
Ambassador and Permanent Representative
Permanent Mission of Australia to the United Nations
On behalf of Canada, Australia and New Zealand
(Check against delivery)
Mr Chairman,
I have the honour to speak on behalf of Canada, New Zealand and Australia. We thank Mr Sach, UN Controller, Ms Durrant, the Ombudsman, and Mr. Saha of the ACABQ for the introduction of their respective reports, as well as the representatives of the staff unions for their comments. We also thank members of the Sixth Committee for their consideration of this matter, especially on legal matters that fall within their purview, and look forward to the outcome of their final session tomorrow.
And, of course, we thank Ms Mary Gaudron, Ms Louise Otis, Dr. Ahmed El-Kosheri, Mr. Diego Garcia-Sayan, and Mr. Kingsley Moghalu, members of the Redesign Panel, as well the Secretariat who assisted them in their momentous task. The Panel was convened at the request of this Committee, and in the relatively short period afforded them, they have produced a comprehensive set of proposals for a new system of justice within the United Nations. The fact that the proposals have received broad agreement from the staff, Secretariat management and the ACABQ is testament to their quality. The Redesign Panel is to be congratulated.
Mr. Chairman,
The staff members of the organisation are its most important resource and are entitled to expect a fair and efficient system of internal justice. CANZ therefore attaches great importance to the reform of the Administration of Justice system, and we agree with many of the proposals put forward by the Panel. A properly functioning, efficient and transparent system of internal justice underpins all efforts to strengthen accountability, oversight and human resources management reforms. The deficiencies of the current system are all-too-well known, and the history leading up to the adoption of resolution 59/283 need not be repeated here.
The Redesign Panel’s report correctly notes that a strengthened informal system can assist in resolving a number of cases before they reach the litigation stage. Informal mediation minimises confrontation and can lead to outcomes that are conciliatory and satisfactory to both staff and management. We therefore support, in principle, a strengthened informal system, especially the Ombudsman’s Office and the establishment of a mediation division therein.
We also support, in principle, the establishment of the proposed two-tiered formal system of a UN Dispute Tribunal and a UN Appeals Tribunal. Much of the further detail of the system remains to be clarified. We will require further details on the design of these proposed bodies from the Secretariat in order that decisions may be taken.
Mr. Chairman,
It is also clear that further information will be needed on associated issues. We will need the SG’s report on disciplinary proceedings, specific information on cost-sharing arrangements with the Funds & Programmes, a clear framework of cooperation and coordination between the OIOS and the internal system of justice, the legal guidance of the Sixth Committee on draft statutes, and plans for transitional measures needed as the organisation moves from one system of internal justice to another.
The importance of reform to the internal justice system and the volume of work required lead CANZ to support the establishment of an Office of Administration of Justice to be headed by an Assistant-Secretary-General. The timely selection of a suitable candidate would assist the Secretary-General in the effective implementation of these reforms.
Mr. Chairman,
Notwithstanding the late introduction of this item, and cognizant of the Secretary-General’s intention to provide further reporting on the issue during UNGA62, the CANZ delegations believe it is possible – indeed imperative – that the Committee work towards a resolution by the end of this session. We urge members of this Committee, in the course of our informal deliberation, to focus on the task before us, namely, the establishment of a functional system of internal justice, and not be sidetracked by tangential issues that could be reviewed at later sessions. CANZ intends to work constructively with all partners in this regard.
We thank you.