Speakers Back Request for United Nations to Fill Funding Gap as Fifth Committee Considers Budget of Cambodia Courts
The Fifth Committee (Administrative and Budget) today considered the Secretariat’s request for a subvention of $16.24 million to keep the Extraordinary Chambers in the Courts of Cambodia running efficiently in 2017.
While vigorous funding-raising efforts for the budget’s voluntary contributions would continue, the appropriation would let the Secretariat issue timely staff extensions to cover the Chambers work in 2017, said Bettina Tucci Bartsiotas, Assistant Secretary-General and Controller, in introducing the Secretary-General’s report on the matter.
Thailand’s delegate, speaking for the “Group of 77” developing countries and China, said she hoped the Fifth Committee would back the Secretariat’s request for the $16.2 million intervention and supported Cambodia’s appeal to the United Nations, principal donor groups and interested States to help fill a $620,000 funding gap in the national component of the 2016 budget.
Cambodia’s delegate, associating himself with the Group of 77, said the Chambers was in the midst of a peak work period as proceedings moved ahead at the pre-trial, trial and appeal stages. He urged the Fifth Committee to support the Secretary-General’s request so as not to impede the Chambers’ crucial work.
Carlos Ruiz Massieu, Chair of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), introduced that body’s related report. He noted that the Secretariat’s request for a $16.24 million subvention was part of the Chambers 2017 budget’s international component, which tallied $24.26 million. The remainder of the international component was expected to come from contributions of $8.02 million.
The Advisory Committee was concerned that appropriating a significant proportion of the budget’s 2017 international component would undermine fund-raising efforts. Yet, the Chambers’ funding gaps and their need to complete their work prompted the Advisory Committee to recommend the United Nations provide support at a level consistent with the amount drawn down on its 2015 and 2016 commitments. That would mean no more than $11 million to supplement the voluntary financial resources of the Chambers’ international component.
In other business, the Fifth Committee turned its attention to conditions of service and compensation for members of the International Court of Justice, the president and judges of the International Residual Mechanism for Criminal Tribunals, and judges and ad litem judges of the International Criminal Tribunal for the Former Yugoslavia. Victor Kisob, Officer-in-Charge for Human Resources Management, introduced the Secretary-General’s report on the issue and said no substantive changes were recommended in the current remuneration system and other conditions of services. If the General Assembly approved the recommendations, he said, there would be no budget implications to the programme budget for the 2016‑2017 cycle.
Mr. Ruiz took the floor again to present the related report of the Advisory Committee, which did not object to any of the Secretary-General’s proposals.
In another matter, Thailand’s delegate, speaking for the Group of 77, expressed concerns about changes in the service to the catering facilities at United Nations Headquarters.
Also speaking today was the representative of Japan.
The Fifth Committee will reconvene at 10 a.m., on Wednesday, 26 October, to discuss human resources management, the pattern of conferences and the United Nations common system.
Subvention to Extraordinary Chambers in Courts of Cambodia
BETTINA TUCCI BARTSIOTAS, introduced the Secretary-General’s report on the Extraordinary Chambers in the Courts of Cambodia (document A/71/338), which outlined the Chambers’ progress under each of its judicial cases. It also laid out the continuing financial challenges faced by the Courts in 2016 and provided revised estimated requirements for the Courts for both the national component and the United Nations, also called the international component, for the 2016‑2017 biennium.
Concerning the international component, the full amount of $12.1 million authorized by the General Assembly in resolution 70/248, had been drawn upon, together with the voluntary contributions received in 2016, she said. Based on the pledges received, the Secretariat estimated the use of the commitment authority approved by the Assembly would eventually be limited to about $10.9 million at year-end 2016. The Secretariat had worked closely with the Principal Donors Groups in New York and Friends of the Chambers to raise voluntary contributions throughout the year, for the international and national components. Those efforts had helped the Cambodian Government secure nearly the entire estimated budget in 2016 for the national component. The Secretary-General sought the Assembly’s approval for an appropriation for a subvention for the Court’s international components of $16.2 million for 2017. While aggressive outreach and fundraising efforts would continue, an appropriation would let the Secretariat issue timely staff extensions for one year covering 2017.
CARLOS RUIZ MASSIEU, Chair of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), introduced that body’s related report (document A/71/550) and said the Secretary-General’s report contained a 2017 budget estimate and a request for a subvention for the Chamber’s international component of $16.24 million, which represented the full 2017 budget of $24.26 million, minus expected contributions of $8.02 million. He noted the Secretariat’s expectations that the Chamber’s judicial activities would go on for several more years beyond the current financial period.
Regarding the Chambers’ financial position in 2016, the Advisory Committee noted that expenditures of $10.93 million were expected for 2016 against the authorized commitment authority of $12.1 million, he said. The Advisory Committee also noted that the final drawdown for 2015 on the authorized commitment authority of $12.1 million totalled $10.68 million with the receipt of voluntary contributions. The Advisory Committee believed a decision to appropriate a significant proportion of the budget for the international component for 2017 would undermine the voluntary nature of the current funding arrangements and related fundraising efforts. Yet, with the Chambers’ current funding challenges and the need to efficiently conclude its remaining cases, the Advisory Committee considered that the United Nations should provide support at a level consistent with the amount of the actual drawdown on the commitment authorities approved for 2015 and 2016. Therefore, the Advisory Committee recommended an authority to spend no more than $11 million to supplement the voluntary financial resources of the Chambers’ international component.
SIRITHON WAIRATPANIJ (Thailand), speaking for the “Group of 77” developing countries and China, said the effective operation of the Chambers in exercising their mandates was central to her Group. She noted the Assembly’s authorization that the Secretary-General commit up to $12.1 million in 2016 to supplement the voluntary financial resources of the Chambers’ international component and that the Assembly had encouraged all Member States to contribute to both the international and national components of the Chambers.
She took note of the progress made in case files and commended all stakeholders who had facilitated that progress. The Group also took note of the Secretary-General’s proposal to supplement the extrabudgetary resources of the Chambers by $16.2 million for the year 2017, she said, adding that she hoped that proposal would be “considered positively” during the Committee’s deliberations. She also expressed her Group’s full support to Cambodia’s appeal for $620,000 to help fulfil funding gaps for the remaining months of 2016.
ERIKO UMERO (Japan) said her Government welcomed the progress achieved in cases in the Chambers, but was concerned that the revised completion plan foresaw judicial activity for several years beyond the current financial period. Japan, therefore, encouraged the Secretary-General to implement all measures to expedite case completion. Her delegation recognized that the Chambers had been facing serious financial difficulties. In that regard, it was also concerned about the increasing reliance on subventions from the regular budget of the United Nations, which would undermine current funding arrangements and fundraising efforts. To that end, she encouraged all Member States to provide voluntary contributions and requested the Secretary-General to continue his fundraising efforts.
RY TUY (Cambodia), associated himself with the Group of 77, said the Chambers was in the midst of a peak work period with proceedings advancing at the pre-trial, trial and appeal stages. The Supreme Court Chamber of the Extraordinary Chambers would pronounce its judgement on the appeal in case 002/01, against Nuon Chea and Khieu Samphan, on 23 November in the Chambers’ main courtroom. The Extraordinary Chambers were now facing a financial deficit of $620,000 for the payment of salaries of their national component for November and December. Cambodia believed the Principle Donor Group would honour its shared responsibility and help take care of that financial shortfall. His Government also was obligated to increase its financial commitments towards the Chambers each year and its contribution for 2016 totalled $14.5 million, of which $1.6 million was earmarked for operational costs and $2.5 million for paying the national staff salaries for six months. That was equal to 62 per cent of the approved budget for the national components. The projected expenditures for 2016 were $6.6 million.
Since the Cambodian Government had been asked to make the necessary contribution to assure full funding of the national component in 2017, it was now appealing to the Principal Donor Group and the Group of Interested States to “kindly consider positively” the request from the Secretary-General, “bearing in mind that any delay on their part of obligation will impede the work of the [Extraordinary Chambers in the Courts of Cambodia],” he said. His Government had submitted the Secretary-General’s request for a subvention to the Prime Minister of Cambodia with its positive recommendation.
Conditions of Service for Judges
VICTOR KISOB, Officer-in-Charge for Human Resources Management, introduced the Secretary-General’s report on the conditions of service and compensation for officials other than Secretariat officials: members of the International Court of Justice, President and judges of the International Residual Mechanism for Criminal Tribunals, and judges and ad litem judges of the International Tribunal for the Former Yugoslavia (document A/71/201). He noted that the report no longer referred to the judges and ad litem judges of the International Criminal Tribunal for Rwanda as that Tribunal had closed on 31 December 2015. The report provided a background on the existing remuneration scheme and an overview of other conditions of service, such as special allowance of the President, education grants, survivor’s benefit, travel and subsistence allowances, relocation allowance, retirement benefits and conditions of service attributed to the ad litem judges.
He highlighted that the Secretary-General proposed no substantive changes in the current remuneration system and other conditions of services. The adoption by the General Assembly of the base/floor salary structure for staff in the Professional and higher categories would not impact the salaries of the members of the Court, the judges of the Tribunal and the President and judges of the Residual Mechanism. On the revised education grant scheme adopted by the General Assembly, the Secretary-General proposed the plan would also be extended to Court members, Tribunal judges and the Residual Mechanism’s President. With regard to the new relocation package, the Secretary-General proposed that language referring to travel and subsistence regulations be updated to replace “assignment grants” with “settling-in grant” and “full removal” be defined as stipulated by the General Assembly resolution 70/244. Should the General Assembly approve those recommendations, he said, there would be no budget implications to the programme budget for the biennium 2016-2017.
Mr. RUIZ, presenting the Advisory Committee’s related report (document A/71/552), noted that the Secretary-General had proposed no changes in the current remuneration system or in the other conditions of service for judges, and that the revised education grant scheme and new relocation package would also apply to judges. The Advisory Committee had been informed upon enquiry that those proposals were expected to lead to cost reductions in the education grant and relocation plans of the judges. The Advisory Committee had, therefore, no objections to the Secretary-General’s proposals.
DHISADEE CHAMLONGRASDR (Thailand), speaking for the Group of 77, said his Group took note of the Secretary General’s proposal that no changes would be made to the remuneration system and other conditions of services of the judges. The Group also took note of the proposed changes to the revised education grant and relocation plans. With respect to retirement benefits, the Group would be interested to learn more during the informal consultations, he said, adding that it also sought further information about the expected cost reductions relating to the revised education grant scheme and the new relocation package.
Other Matters
Ms. WAIRATPANIJ (Thailand), speaking for the Group of 77, addressed service changes to catering facilities at the United Nations Headquarters. On 30 August, an announcement by the Headquarters had been shared with all Missions and Observer States on service changes to catering facilities in 2017. Member States had thought those changes would only apply to the month of September during which high-level meetings and the opening of the General Assembly would take place. However, the service changes had stretched beyond that month, and Missions had to cope with rising prices and eating lunch in a space with limited capacity. The service changes had also impacted the Delegates Dining Room. Before, delegates could have “proper” business lunches in a dignified setting. That space was now an event-only room, controlled by one catering firm, which in her Group’s understanding was profit-driven. The Group asked the Committee Chair to make available her good offices to help Member States seek further explanation to those service changes.