UN REVAMPS ADMINISTRATION OF JUSTICE AND KEEPS THE

UNCLAS USUN NEW YORK 001223

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E.O. 12958: N/A
TAGS: AORC KUNR UNGA
SUBJECT: UN REVAMPS ADMINISTRATION OF JUSTICE AND KEEPS THE
COST DOWN, FOR NOW


1. Begin Summary: The UN has adopted a resolution creating
a new system of Administration of Justice (AoJ) that stresses
informal dispute resolution over litigation in resolving
staff grievances. It responds to most, but not all, of the
Secretary General,s requests and will be implemented over

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the next two years at roughly half the initial projected
cost. While important issues remain to be addressed in the
resumed sessions, USUN generally achieved USG objectives.
End summary.

AN EXISTING SYSTEM BEYOND REPAIR


2. The current system under which UN employees can seek
redress of grievances was conceived and instituted fifty
years ago and has evolved into a system that is neither
effective nor efficient. Both staff and management have lost
confidence that it can meet their needs. The Redesign Panel,
Secretary General (SYG),and Advisory Committee on

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Administrative and Budgetary Questions (ACABQ) each examined
the system over the past year and their verdict was
unanimous: the old system must go. In the fall session of
the 62nd General Assembly, the Fifth Committee considered
numerous strategies for effecting meaningful reform and
ultimately reached consensus (A/RES/62.228) on a system that
will replace the existing system over the next two years.

MORE INFORMAL DISPUTE RESOLUTION, LESS LITIGATION


3. The stated goal of the future AoJ system is a new,
independent, transparent, professional, adequately resourced,
and decentralized system of administration of justice that
will ensure respect for the rights and obligations of staff
members and the accountability of managers and staff members
alike. It emphasizes trying to resolve grievances through an
informal process. Effective January 1, 2008, the new system
will significantly expand the Office of the Ombudsman,
enhance professional legal assistance, and create a Mediation
Division. All three offices will have representatives not
only at New York headquarters but also in Geneva, Nairobi,
and a few large overseas missions. A mandatory review of
administrative decisions, to be conducted under tighter
deadlines, will also help resolve grievances at the informal
level. The intent is to restore faith in the system and
provide the means for addressing grievances quickly and
professionally, so that litigation is only pursued as a last
resort.


4. USUN succeeded at this stage in arguing that access to
the new system should be limited to current UN staff.
However, in the AoJ resolution the GA decided to revert to
the issue of the scope of the system of administration of
justice at the second part of its resumed session and to
request information in this regard from the SYG. USUN, along
with Canada, Australia, New Zealand (CANZ),and Japan, also
argued successfully for establishing new positions at lower
levels than the SYG requested (e.g., Director level instead
of Assistant Secretary General, Professional Staff level
instead of Director),for redeploying existing positions
wherever possible, and for limiting the total number of new
posts. These measures helped to reduce the projected
additional costs of the new informal system.

NEW TWO-TIER FORMAL SYSTEM REPLACES UN ADMINISTRATIVE TRIBUNAL


4. A new formal system for adjudicating grievances unresolved
through informal dispute resolution will be in place by
January 1, 2009, consisting of two tiers, a Dispute Tribunal
(UNDT) and an Appeals Tribunal (UNAT). (It replaces the
existing UN Administrative Tribunal.) Judges for each will
be appointed by the General Assembly from a list of
candidates vetted and recommended by a new Internal Justice
Council. Although the G-77 and EU wanted all first-tier
proceedings to have three-judge panels, USUN did succeed in
gaining consensus on the ACABQ recommendation that a single
judge hear cases at the UNDT level. However, the resolution
calls for the SYG to present further proposals on UNDT judges
when the session resumes. The UNAT with three judges will
convene as needed to hear appeals.

TRANSITIONAL MEASURES


5. There was broad but not yet universal agreement to
USUN,s proposal that the UN Administrative Tribunal should
clear the existing backlog of cases rather than transfer them
to the new system. Since it is likely to take more than a
year to clear the backlog, the two systems would need to
operate simultaneously for a limited period of time. USUN
also obtained agreement on provisions to clarify cost-sharing
arrangements with entities participating in the current
system and the status of those entities should they choose
not to participate in the new AoJ system. The issue of
transitional arrangements will be taken up again in the
resumed session.



OTHER UNFINISHED BUSINESS


6. Many issues, some quite complex, that could not be
adequately addressed in the debate that produced the current
resolution include: the mandate of the Office of Staff Legal
Assistance, the role of the Internal Justice Council,
jurisdiction of the UNDT and UNAT, grounds for appeal, the
role of staff associations, system access by non-staff (e.g.,
experts),cost sharing by claimants, and additional
incentives for volunteer legal representation.. The
resolution requests the SYG to report on these issues so that
they can be considered during the resumed sessions. In
addition, the Sixth Committee is expected to consider the
legal aspects of these and other matters when it meets in
April.

ACTION REQUESTED


7. In 2008, the informal system for resolving grievances
will be more accessible to UN staff members, more
professional, and decentralized, increasing the chances for
resolving claims without formal litigation. By 2009 a new
formal system will replace the system that exists now. While
much has been accomplished, much remains to be done. Post
requests the bureau,s views on the issues to be addressed in
the resumed session. We look forward to further positive
changes in the UN,s administration of justice system.
Khalilzad