Identifier
Created
Classification
Origin
08USUNNEWYORK1114
2008-11-26 15:44:00
UNCLASSIFIED
USUN New York
Cable title:
UN INTERNAL JUSTICE SYSTEM UNDER THE GAVEL
how-toO 261544Z NOV 08 FM USMISSION USUN NEW YORK TO SECSTATE WASHDC IMMEDIATE 5433 INFO USMISSION GENEVA PRIORITY USMISSION UNESCO PARIS PRIORITY USMISSION UNVIE VIENNA PRIORITY USMISSION UN ROME PRIORITY
UNCLAS USUN NEW YORK 001114
SIPDIS
DEPARTMENT FOR IO/MPR
E.O. 12958: N/A
TAGS: PREL AORC KUNR
SUBJECT: UN INTERNAL JUSTICE SYSTEM UNDER THE GAVEL
REF: USUN NEW YORK 1082
UNCLAS USUN NEW YORK 001114
SIPDIS
DEPARTMENT FOR IO/MPR
E.O. 12958: N/A
TAGS: PREL AORC KUNR
SUBJECT: UN INTERNAL JUSTICE SYSTEM UNDER THE GAVEL
REF: USUN NEW YORK 1082
1. Summary: On November 20, the UN General Assembly (UNGA)
Fifth Committee (Administrative and Budgetary) discussed
mechanisms for resolving staff employment grievances. The
Committee received reports from Under Secretary-General for
Management Angela Kane (A/62/748, A/62/782, A/63/314, and
A/63/211),Ombudsman Johnston Barkat (A/63/283),and the
Chairman of the Advisory Committee on Administrative and
Budgetary Questions (ACABQ) Susan McLurg (A/63/545). Despite
an impending deadline and the need to fill a number of key
positions, all parties remain committed to implementing the
new system by January 1. Responding to criticism from UN
Staff Union President Stephen Kisambira, Kane said "We're
almost there." This is part of a larger plan of reforms in
human resource management (reftel). The Committee heard
interventions from representatives of Antigua and Barbuda (on
behalf of the G-77 and China),France (on behalf of the EU),
Australia (on behalf of CANZ),Mexico (on behalf of the Rio
Group),Switzerland (also on behalf of Liechtenstein),India,
the United States, Argentina, Japan, and Russia. End Summary.
2. Kane recounted that UNGA resolution 62/228 approved a new
system for resolution of internal disputes, which the UN
calls administration of justice. The new system will
emphasize informal dispute resolution through an expanded
Office of the Ombudsman. Formal mechanisms will include the
UN Dispute Tribunal (UNDT) and the UN Appeals Tribunal. A
new Mediation Division will provide both informal and formal
services to employees and managers. Last year UNGA requested
the Secretariat to draft UNDT operating procedures and
transition proposals by July 1 of this year, a target now
more than four months overdue.
3. Although the existing disciplinary framework was designed
for HQ employees, Barkat reported that most cases emanate
from peacekeeping missions (39 percent) and field offices (34
percent). Further complicating matters, the caseload has
more than doubled over the last year. Outmoded procedures
and increased demand have resulted in a tremendous backlog
just as the UN is preparing to make the transition to the new
system.
4. The new internal justice system is widely anticipated
and emphasizes informal dispute resolution. To forestall
more protracted and expensive conflicts, the ombudsman will
augment efforts to facilitate informal dispute resolution.
The full range of delegations expressed support for these
methods.
5. The UN Staff Union is concerned about the still-unfilled
positions required to staff UNDT. Kisambira criticized the
Secretariat for "either indifference or incompetence or just
plain foot-dragging", and offered support for expedited or
interim appointments. (Note: The G-77 insists that the
final appointment of judges to UN tribunals should continue
to be UNGA's prerogative. End note.) The representatives of
Antigua and Barbuda, Mexico, and India regret the delays, but
renewed their commitment to implementing the new system on
schedule. Kane averred that the Secretariat is behind
schedule, but requested more patience as the Secretariat
hurries to organize and staff the UNDT.
6. Some major transition issues are yet to be resolved.
Kane proposed transferring pending cases to the UNDT and
assigning three additional judges for the first year. The
Japanese delegate suggested maintaining the existing system
until all pending cases have cleared, echoing the well-known
U.S. position. In either case, McLurg urged a concentrated
effort to clear the case backlog.
7. The Japanese delegate expressed support for many of the
proposed reforms, but urged budgetary caution. To control
costs, he suggested a restriction on damages awarded. The
Japanese also advocated negotiation of a standard
cost-sharing arrangement with agencies, funds, and programs
outside the Secretariat.
8. The United States expressed support for the timely
transition to the new system. Full USDel remarks are
available at the Mission's web site,
www.usunnewyork.usmission.gov.
Wolff
SIPDIS
DEPARTMENT FOR IO/MPR
E.O. 12958: N/A
TAGS: PREL AORC KUNR
SUBJECT: UN INTERNAL JUSTICE SYSTEM UNDER THE GAVEL
REF: USUN NEW YORK 1082
1. Summary: On November 20, the UN General Assembly (UNGA)
Fifth Committee (Administrative and Budgetary) discussed
mechanisms for resolving staff employment grievances. The
Committee received reports from Under Secretary-General for
Management Angela Kane (A/62/748, A/62/782, A/63/314, and
A/63/211),Ombudsman Johnston Barkat (A/63/283),and the
Chairman of the Advisory Committee on Administrative and
Budgetary Questions (ACABQ) Susan McLurg (A/63/545). Despite
an impending deadline and the need to fill a number of key
positions, all parties remain committed to implementing the
new system by January 1. Responding to criticism from UN
Staff Union President Stephen Kisambira, Kane said "We're
almost there." This is part of a larger plan of reforms in
human resource management (reftel). The Committee heard
interventions from representatives of Antigua and Barbuda (on
behalf of the G-77 and China),France (on behalf of the EU),
Australia (on behalf of CANZ),Mexico (on behalf of the Rio
Group),Switzerland (also on behalf of Liechtenstein),India,
the United States, Argentina, Japan, and Russia. End Summary.
2. Kane recounted that UNGA resolution 62/228 approved a new
system for resolution of internal disputes, which the UN
calls administration of justice. The new system will
emphasize informal dispute resolution through an expanded
Office of the Ombudsman. Formal mechanisms will include the
UN Dispute Tribunal (UNDT) and the UN Appeals Tribunal. A
new Mediation Division will provide both informal and formal
services to employees and managers. Last year UNGA requested
the Secretariat to draft UNDT operating procedures and
transition proposals by July 1 of this year, a target now
more than four months overdue.
3. Although the existing disciplinary framework was designed
for HQ employees, Barkat reported that most cases emanate
from peacekeeping missions (39 percent) and field offices (34
percent). Further complicating matters, the caseload has
more than doubled over the last year. Outmoded procedures
and increased demand have resulted in a tremendous backlog
just as the UN is preparing to make the transition to the new
system.
4. The new internal justice system is widely anticipated
and emphasizes informal dispute resolution. To forestall
more protracted and expensive conflicts, the ombudsman will
augment efforts to facilitate informal dispute resolution.
The full range of delegations expressed support for these
methods.
5. The UN Staff Union is concerned about the still-unfilled
positions required to staff UNDT. Kisambira criticized the
Secretariat for "either indifference or incompetence or just
plain foot-dragging", and offered support for expedited or
interim appointments. (Note: The G-77 insists that the
final appointment of judges to UN tribunals should continue
to be UNGA's prerogative. End note.) The representatives of
Antigua and Barbuda, Mexico, and India regret the delays, but
renewed their commitment to implementing the new system on
schedule. Kane averred that the Secretariat is behind
schedule, but requested more patience as the Secretariat
hurries to organize and staff the UNDT.
6. Some major transition issues are yet to be resolved.
Kane proposed transferring pending cases to the UNDT and
assigning three additional judges for the first year. The
Japanese delegate suggested maintaining the existing system
until all pending cases have cleared, echoing the well-known
U.S. position. In either case, McLurg urged a concentrated
effort to clear the case backlog.
7. The Japanese delegate expressed support for many of the
proposed reforms, but urged budgetary caution. To control
costs, he suggested a restriction on damages awarded. The
Japanese also advocated negotiation of a standard
cost-sharing arrangement with agencies, funds, and programs
outside the Secretariat.
8. The United States expressed support for the timely
transition to the new system. Full USDel remarks are
available at the Mission's web site,
www.usunnewyork.usmission.gov.
Wolff