Permanent Mission of Australia
to the United Nations
New York

23-03-2004 - Programme Budget for 2004-2005: Special Court for Sierra Leone

UNITED NATIONS GENERAL ASSEMBLY

Statement delivered by Felicity Buchanan, Representative of the New Zealand Mission to the UN on behalf of Canada, Australia and New Zealand

Fifth Committee

Programme Budget for 2004-2005: Special Court for Sierra Leone

New York 23 March 2004

Mr Chairman

I have the pleasure today to speak on behalf of Australia, Canada and New Zealand.
The authorisation of the establishment of the Special Court for Sierre Leone was an important decision when it was taken over 3 years ago. Our delegations have a deep commitment to the purpose of the Court – “to establish a credible system of justice and accountability that would end impunity for serious violations of international humanitarian law and contribute to the process of national reconciliation, and to the restoration and maintenance of peace”.

The Court is now poised to begin its trial phase. At this critical time in the projected life of the Court, we have been asked to provide a subvention to enable it to complete its work, while preserving its independent nature and structure. The funds required are for the third year of operation, plus a several month completion phase, ending in December 2005.

We note that the Court was designed to function on the basis of voluntary funding. The Secretary-General makes clear, however, that despite his own efforts and those of the Court and Member States to mobilize further resources, the level of voluntary contributions remains too low for the Court to complete the discharge of its mandate.

The indication by the Security Council that, in the circumstances set out by the Secretary-General, it has no objection to his proposal to supplement voluntary contributions with assessed ones, reflects the importance attached to the realisation of the purposes for which the Court was established. In light of the vital work of the Court, the desirability of providing an assured basis for its operation and the immediate nature of the request, our delegations stand ready to support the Secretary-General’s proposal that a subvention be made.

Prudently, both the Secretary-General and the ACABQ outline two-stage processes for allocating the sums required, which the Secretary-General has estimated at up to $40 million. This allows us to meet the immediate financial needs of the Court, but also enables us to examine in more detail the financial position of the Court to determine the actual needs for calendar year 2005, before releasing the balance of the appropriation. In this regard, we note that a definitive exit and completion strategy has yet to be formulated for the Court. Our delegations would find such a strategy, together with supplementary financial information, an important tool in reverting to this issue next session.

In the meantime we consider we have an immediate obligation to ensure the viability and smooth operation of the Court, and we see the Secretary-General’s proposal that a subvention be provided as the best way to meet this need.

Thank you.