Speakers in Fifth Committee Urge Action to Reform Operations of Administrative, Budgetary Oversight Body, Consider Funding for Cambodia Courts
The Fifth Committee (Administrative and Budgetary) today considered how it might revamp the operations of a crucial oversight body — the Advisory Committee on Administrative and Budgetary Questions (ACABQ) — which helps the 193 delegates manage the United Nations vast human resources and its finances.
An expert body of 16 members, the Advisory Committee’s members are elected by the General Assembly for a period of three years on the basis of geographical representation. Its members serve in a personal capacity, not as representatives of Member States.
Recognizing the Advisory Committee’s increased workload on issues of greater complexity, the Assembly had asked the Advisory Committee to carve out recommendations to improve its operation, including the creation of a code of conduct, said ACABQ Chair Carlos Ruiz Massieu, as he introduced his report.
Several delegates urged the Fifth Committee to act swiftly on the issue, which had been before the Fifth Committee for several years. “It is now high time for a decision to be taken on this matter,” said South Africa’s representative, speaking on behalf of the “Group of 77” developing countries and China. The Advisory Committee’s workload demanded a full-time presence in New York City from its members as they gathered for nearly 20 of the 24 months in each two-year budget cycle. The Group agreed with the Advisory Committee Chair that the body’s operational independence would be strengthened if equal terms and conditions were laid down for all members, based on the principle of “equal pay for equal work”.
The United States wanted to ensure ACABQ fulfilled its potential as an independent expert body of the Assembly and wanted a more comprehensive report that would explain how to truly reform the Advisory Committee, including establishing a code of conduct or “cooling off” period, according to that country’s representative. The Russian Federation supported transforming ACABQ into a standing full-time body and the budget implications of that shift should be included in the 2016-2017 biennium programme budget.
The speaker for the European Union said the report did not fully fulfil the Assembly’s request. It focused on conditions of service and the Advisory Committee members’ status while neglecting the mandate’s primary objective: to review the Advisory Committee’s working methods and the organization of its work. The European Union also was dissatisfied with the scope of the code of conduct. The lack of requirements on “cooling off” or “stand down” periods was particularly unsatisfactory, as was the absence of provisions to limit the terms of office.
Carole Wamuyu Wainaina, Assistant Secretary-General for Human Resources Management, introduced Part Two of the report, which contained the Secretary-General’s comments. The Secretary-General supported the proposal for the Assembly to determine the specific level of the net annual remuneration and proposed allowances and benefits for full-time Advisory Committee members.
In other business, the delegates considered the Secretary-General’s request for a subvention of $25.2 million for 2016 for the Extraordinary Chambers in the Courts of Cambodia. Bettina Tucci Bartsiotas, Assistant Secretary-General and Controller, introduced the Secretary-General’s report and said the funds would help extend international staff contracts and carry out key milestones to complete the Chambers’ mandate.
Mr. Ruiz Massieu took the floor again to introduce the Advisory Committee’s related report, which indicated the international component of the Chambers’ expenses should be borne by voluntary contributions from the international community. Yet considering the Courts’ current funding challenges and its need to swiftly conclude remaining cases, ACABQ considered that, for 2016, the United Nations should maintain its support at the 2015 level approved by the Assembly.
Concerned with the Chambers’ serious financial difficulties, Japan’s representative also was disturbed that their increasing reliance on subventions from the Organization’s regular budget could undermine their voluntary funding mechanism.
Also speaking today were the representatives of Switzerland (also on behalf of Liechtenstein) and Cambodia.
The Fifth Committee will meet again at 10 a.m. on Tuesday, 1 December, to discuss several issues under the 2016-2017 proposed programme budget: revised estimates for financing for development; revised estimates resulting from resolutions and decisions adopted by the Economic and Social Council during its 2015 session (21 July 2014 to 23 July 2015); and revised estimates for the 2030 Agenda for Sustainable Development. Financing of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) will also be discussed.
Advisory Committee on Administrative and Budgetary Questions
CARLOS RUIZ MASSIEU, Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), introduced his report on the operational arrangements and conditions of service of the Advisory Committee, which were contained in Part One of the Secretary-General’s note transmitting the Advisory Committee’s report (document A/70/544). He said the issue of the Advisory Committee’s operational arrangements first arose three years ago and the Secretary-General subsequently had indicated that the Advisory Committee’s workload had progressively increased since its establishment, reflecting the changes in the scope and volume of the Organization’s work. Recognizing the increased workload and the complexity of the issues, the Assembly had asked the Advisory Committee to formulate recommendations to improve the current conditions of service and propose measures to strengthen the efficiency of its working practices, including through the establishment of a code of conduct.
Mr. Ruiz Massieu said the report pointed out that payment of travel and daily subsistence allowance to members on “travel status”, as if they were temporarily based in New York, was not suited to the current operations requirements, which now required their full-time presence in New York. He believed the remuneration level for Advisory Committee members should be governed by a scale separate and distinct from the scale governing remuneration of United Nations staff members, while reflecting the principle of general equivalency. He also believed all ACABQ members should receive equal remuneration and related legal status and accorded the privileges, immunities and facilities given to diplomatic envoys, in accordance with international law.
While the proposals envisioned the Advisory Committee as a full-time standing body, the Advisory Committee intended to limit its meeting servicing requirements to the current biennial allocation of 78 weeks, he said. A draft code of conduct had been created to supplement the regulations and duties already applicable to non-Secretariat United Nations officials and was contained in Annex II of the first part of the report. In addition, the Assembly may want to consider a “stand down” provision, which would set forth a minimum lapse of time between the end of a member’s term and any possible candidacy for a vacant position or consultancy with the Secretariat.
CAROLE WAMUYU WAINAINA, Assistant Secretary-General for Human Resources Management, introduced Part Two of document A/70/544, which contained the Secretary-General’s comments on the recommendations relating to the conditions of service of Advisory Committee members. The Secretary-General supported the proposal for the Assembly to determine the specific level of the net annual remuneration for ACABQ members within the range proposed by the Advisory Committee’s Chair, taking into account the current work programme, the level of experience required and the increased workload. It might be practical if the proposal was considered against the backdrop of the existing arrangements for non-Secretariat officials, such as inspectors of the Joint Inspection Unit and the full-time judges of the United Nations Dispute Tribunal whose salaries and other conditions of service were equivalent to those payable to United Nations staff members at the D-2, step IV, level.
The Secretary-General also supported the proposed allowances and benefits for full-time Advisory Committee members set out in annex I of document A/70/544, as well as the recommendation that the annual net remuneration of the members of the Advisory Committee be subject to the same cost-of-living adjustment as that applied to the compensation of the Chair. The Secretary-General supported the need to establish a transitional mechanism for current Advisory Committee members and the proposal to continue to offer those members the option of joining the United Nations Headquarters-administered health insurance programme. As for the legal status of those members, the Secretary-General believed the Assembly might wish to consider that they should have the status of officials, other than Secretariat staff performing functions for the Organization on a substantially full-time basis, and thereby be granted privileges and immunities under the relevant Convention.
LYLE PATRICK DAVIDSON (South Africa), speaking on behalf of the “Group of 77” developing countries and China, said the Advisory Committee’s increased workload meant it now met for up to 78 weeks, nearly 20 of the 24 months in a biennium, and demanded the full-time presence of its members in New York. Yet the conditions of service of those ACABQ members on “travel status” equated them to members of United Nations bodies that had annual meetings of only two to four weeks. The Group agreed with the Advisory Committee Chair that the body’s operational independence would be strengthened with the establishment of identical terms and conditions for all members, based on the principle of “equal pay for equal work”. It also believed current members of the Advisory Committee should have the option to serve the remainder of their terms under the conditions applicable to each of them. That would provide the necessary flexibility during the transition to any new conditions of service.
He pointed out that the operational arrangements’ issue had been on the Fifth Committee’s agenda since the sixty-seventh session and it “is now high time for a decision to be taken on this matter.” The Group was committed to participating actively during consultations and urged all delegations to engage constructively so agreement could be reached during the main session.
FRANCESCO PRESUTTI, a representative of the European Union, said that the report regrettably did not fully fulfil the terms of Assembly resolution 69/274, which mandated the Advisory Committee to formulate recommendations to improve the conditions of service for its members and ways to improve its working methods. The report focused on the conditions of service and the status of Advisory Committee members, neglecting the primary objective of the mandate, which was to review its working methods and the organization of its work. The Union was expecting an analysis of options to integrate innovative practices into its working methods, such as recourse to parallel meetings, a mechanism to control the quality of reports, ways to draw on modern technology, and how to make the scheduling and planning of agenda items more effective.
The draft code of conduct was included in the annex of the report, but the Union was not satisfied with the scope of the code, he said. The absence of requirements on “cooling off” or “stand down” periods was particularly unsatisfactory, as well as the lack of any provisions on limiting terms of office. No mention was made of possible measures to reinforce the professionalism of the Advisory Committee members, especially on technical matters. Regrettably, no consideration was given to the importance of gender balance within the body, while only one member out of 16 would be female as of 1 January 2016. The Union recognized the increased workload of the Advisory Committee, but did not concur with the need to change the status of members. The current workload did not provide any justification for the creation of full-time positions. Implementation of the International Public Sector Accounting Standards would help better manage the growing number of reports to be issued by the Advisory Committee, and other reform initiatives, such as Umoja, would ease the workload. The proposal to grant ACABQ members the status of “officials other than Secretariat officials”, was unwarranted and risk jeopardizing Advisory Committee members’ independence.
MATTHIAS DETTLING (Switzerland), also speaking on behalf of Liechtenstein, said that since its inception, ACABQ had taken on a broader, increasingly complex range of issues and he welcomed the Chair’s efforts to make the body more effective, efficient and independent. As all ACABQ members were held to the same high standards, they should be subjected to the same conditions of service. The proposed code of conduct appeared to be in line with comparable documents in other organizations. The Fifth Committee could also discuss other areas of reform that would strengthen the Advisory Committee’s role as an independent expert body. The Assembly’s rules of procedure required that at least three ACABQ members were financial experts. The Assembly could define the criteria for selecting the experts and consider whether a minimum of three was still sufficient. Moreover, an effective measure to avoid conflict of interest and to strengthen the Advisory Committee’s independence would be to introduce restrictions relating to employment in the Secretariat for a specified period following the expiration of any given member’s term of office.
CHERITH A. NORMAN CHALET (United States) said her country valued the crucial role the Advisory Committee played in the oversight of United Nations programmes and resources. The United States was interested in ensuring ACABQ fulfilled its potential as an independent expert body of the Assembly. Despite its presence before the Fifth Committee for several years, no resolution had been found because the focus had been on conditions of service of the Advisory Committee members, without sufficient emphasis on working conditions. In March, the Assembly addressed a compelling ACABQ working condition and granted access to United Nations health care benefits. But in order to gain a comprehensive picture of needed reforms, the United States had requested a report from the Advisory Committee to outline various measures of how it should operate. The present report still only provided a selective picture of what was needed to truly reform the Advisory Committee. It did not suggest a more comprehensive way forward, such as establishing a code of conduct or a “cooling off” period. Those and other elements had to be included in future changes to improve ACABQ.
DMITRY V. PODLESNYKH (Russian Federation) noted that the Advisory Committee’s workload had increased in recent years as the body reviewed growing volumes of reports and financial implications of recommended decisions contained in those documents. In that regard, his delegation supported the proposal to transform ACABQ into a standing full-time body, which was also supported by the Secretary-General. The budget implications arising from the change should be included in the 2016-2017 biennium programme budget. As for the draft code of conduct, it should become a basis for further discussions and his delegation would actively participate in those deliberations.
Responding to delegates’ concerns, Mr. RUIZ MASSIEU thanked the delegates for their appreciation of the Advisory Committee’s work and said he could provide greater details during the informal sessions. It was important to clarify that ACABQ would recommend details to the Assembly regarding a code of conduct, which would govern the behaviour of the Advisory Committee’s members. Regarding the “stand down” period, he said this would be a statutory requirement that could strengthen the independence of ACABQ members. Details, such as limits to the terms of Advisory Committee members and their qualifications and composition should be decided by the Chairman and sent to the Assembly for their decision. He said Fifth Committee members needed better reports, delivered on time, and he believed improvements to the Advisory Committee’s working methods were part of the body’s internal workings. Those issues could be discussed during the informal discussions.
Request for Subvention to Extraordinary Chambers of Cambodia Courts
BETTINA TUCCI BARTSIOTAS, Assistant Secretary-General and Controller, introducing the Secretary-General’s report titled “Request for a subvention to the Extraordinary Chambers in the Courts of Cambodia” (document A/70/403), said that the Assembly authorized the Secretary-General, as an exceptional measure, to enter into commitments up to $12.1 million to supplement the voluntary financial resources of the international component of the Chambers for 2015. To date, that full amount had been drawn upon, in addition to $10.3 million in voluntary contributions received in 2015. That arrangement was instrumental to extending contracts for international staff until 31 December and ensuring timely delivery of the Chambers’ programme of work. Last week, the Cambodian Government informed the Secretary-General of its commitment to provide $4.15 million in 2016 to cover six months of national staff salary and operational costs. Yet, the level of pledges of voluntary contributions was not sufficient to meet the Chambers’ requirements for 2016. Therefore, the Secretary-General was requesting a subvention of $25.2 million for 2016 to extend international staff’s contracts and implement the key milestones toward the completion of its mandate.
Mr. RUIZ MASSIEU introduced ACABQ’s related report (document A/70/7/Add.20), recalling Assembly resolution 57/228, which stated that the expenses of the international component of the Extraordinary Chambers should be borne by voluntary contributions from the international community. The Advisory Committee believed that a decision to appropriate almost the full amount of the budget of the international component for 2016 would undermine the voluntary nature of the current funding arrangements and related fundraising efforts. However, given the current funding challenges faced by the Chambers and the need to ensure expeditious conclusion of the remaining cases, ACABQ considered that for 2016, the United Nations should maintain the level of its support at the level approved by the Assembly in 2015.
LYLE PATRICK DAVIDSON (South Africa), speaking again for the Group of 77, said that the Group attached great importance to the efficient and effective operation of the Extraordinary Chambers in the Courts of Cambodia in discharging its given mandate. Having noted the progress made, among other issues on the use of approved commitment of authority and the proposed budget for the Chambers for the period 2016-2017, he added that the Group commended the Chambers and the Government of Cambodia for their continued commitment to implementing the Chambers’ mandate despite financial challenges.
While appreciating the Royal Government of Cambodia’s willingness to support the Secretary-General’s request to the General Assembly in respect of a subvention for the Chambers’ operations in 2016, the Group also welcomed the voluntary contribution from potential donors to the national component to ensure the good progress of the Chambers. The Group noted the Secretary-General’s request for the Assembly to approve a $25.15 million subvention for the Chambers in 2016 and to consider during the current session his $20.08 million proposed subvention for 2017. The Group supported the approval of the Secretary-General’s resource allocation proposal to enable the Chambers to fulfil its mandate in an efficient and effective manner.
HAJIME KISHIMORI (Japan) said the Extraordinary Chambers in the Courts of Cambodia were very important to the Cambodian people in their efforts to come to terms with their tragic history and bring perpetrators to justice. The progress the Courts had made, including the judicial proceeding in Case 002, showed that they were moving towards achieving justice. The Chambers were facing serious financial difficulties and their increasing reliance on subventions from the Organization’s regular budget was concerning as it could undermine the voluntary nature of current funding. However, the Cambodian Government’s recent commitment to cover national staff costs was positive. All Member States should provide voluntary contributions to the Courts and the Secretariat should continue its efforts in that regard.
RY TUY (Cambodia), associating with the Group of 77, noted efforts to continue the Courts’ proceedings. In that regard, a joint statement on the outcome of the meeting between Sok An, Chairman of the Royal Task Force on Khmer Rouge Trials, and Stephen Mathias, Assistant-Secretary-General for Legal Affairs, on the Extraordinary Chambers had been issued on 17 November. Based on the statement, the Government of Cambodia supported the Secretary-General’s request to the Assembly, as contained in his 30 September 2015 report, document A/70/403, to provide another subvention for the Chambers’ 2016 international component. In addition, the Government would renew its commitment of $4.15 million to cover six months of salary for national staff and operational costs during 2016. The Government looked forward to United Nations support to raise money from other donors to ensure full funding of the Chambers. He thanked donor countries and expressed hope they would continue to provide funds for the Chambers’ national component.