Identifier
Created
Classification
Origin
08USUNNEWYORK307
2008-04-04 22:50:00
UNCLASSIFIED
USUN New York
Cable title:  

62ND UNGA: FIFTH COMMITTEE APPROVES RESOLUTION TO

Tags:  AORC UUNR UNGA 
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OO RUEHWEB

DE RUCNDT #0307/01 0952250
ZNR UUUUU ZZH
O 042250Z APR 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4053
INFO RUEHXX/GENEVA IO MISSIONS COLLECTIVE PRIORITY
UNCLAS USUN NEW YORK 000307 

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E.O. 12958: N/A
TAGS: AORC UUNR UNGA
SUBJECT: 62ND UNGA: FIFTH COMMITTEE APPROVES RESOLUTION TO
STRENGTHEN INVESTIGATIONS

UNCLAS USUN NEW YORK 000307

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E.O. 12958: N/A
TAGS: AORC UUNR UNGA
SUBJECT: 62ND UNGA: FIFTH COMMITTEE APPROVES RESOLUTION TO
STRENGTHEN INVESTIGATIONS


1. Members of the Fifth Committee formally approved a draft
resolution (full text - para 4) on March 28 aimed at
strengthening investigations within the UN. The resolution
welcomes efforts already being made by the Office of Internal
Oversight Services (OIOS) to improve the conduct of
investigations and encourages OIOS to build the capacity of
UN staff through enhanced training programs to support
administrative inquiries and investigations. The Fifth
Committee deferred a decision on whether to approve OIOS'
proposed relocation of its investigators to three regional
hubs until this matter can be considered by the Committee
during discussions of the peacekeeping support account which
are scheduled for the second resumed session in May. On
April 3, the General Assembly formally adopted the text
approved by the Fifth Committee.


2. Despite the efforts of Singapore during the Fifth
Committee's consideration of reports by the Secretary-General
and OIOS on strengthening investigations (A/62/582 and Annex)
to pose question after question to OIOS concerning the
protection of due process rights of UN staff who may be the
targets of internal probes, most other delegations agreed on
the need to strengthen the investigations function within the
UN, to improve training of heads of office and program
managers who conduct administrative inquiries, and,
interestingly, to dissuade the Secretary-General from
proceeding with plans to conduct a comprehensive review of
investigations for presentation to the General Assembly
during the 63rd session. In this regard, the resolution
approved March 28 calls upon the SYG to submit terms of
reference to the GA for such a study "before the General
Assembly decides on the necessity of such a review."


3. Singapore's posturing during the course of the Fifth
Committee's discussion on investigations was offset, in the
end, by their advocacy of maintaining the investigations
function within OIOS, a view widely expressed by other
delegations. Although rumors persist that the SYG wants to
split investigations from OIOS and create a new
investigations unit, the language in the resolution approved
March 28 requiring submission to the GA of terms of reference
for Assembly review and approval before a comprehensive
review of investigations is begun should effectively dissuade

those in the Secretariat who favor establishment of a
separate investigations unit.


4. TEXT OF RESOLUTION APPROVED MARCH 28 BY THE FIFTH
COMMITTEE AND ADOPTED APRIL 3 BY THE GENERAL ASSEMBLY:

Begin text:

The General Assembly,

Recalling its resolutions 48/218B of 29 July 1994, 54/244 of
23 December 1999, 57/282, section IV, of 20 December 2002,
59/272 of 23 December 2004, 59/287 of 13 April 2005, 61/245
of 22 December 2006, 61/275 and 61/279 of 29 June 2007,
61/267 B of 24 July 2997 and 62/234 of 22 December 2007,

Recalling also paragraph 10 of its resolution 59/287,

Having considered the report of the Secretary-General on
strengthening investigations (A/62/582 and Corr.1) , the
report of the Office of Internal Oversight Services on the
activities of the Procurement Task Force for the 18-month
period ended 30 June 2007 (A/62/272),the note by the
Secretary-General transmitting his comments thereon and the

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related report of the Advisory Committee on Administrative
and Budgetary Questions (A/62/7/Add.35),


1. Takes note of the report of the Office of Internal
Oversight Services and the related note by the
Secretary-General;

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2. Endorses the conclusions and recommendations contained in
the report of the Advisory Committee on Administrative and
Budgetary Questions, subject to the provisions of the present
resolution;


3. Notes in particular the concern of the Advisory Committee
stated in paragraph 5 of its report;


4. Stresses that the lack of explicitly written rules and
regulations for procedures relating to investigations
negatively affects fairness and due process rights;


5. Expresses concern that the current investigations manual
of the Office of Internal Oversight Services appears to lack
useful and practical information for investigators compared
with similar manuals used in other international
organizations and that it also appears not to contain
sufficient working instructions for conducting investigations;




6. Notes with appreciation the efforts being made by the
Office of Internal Oversight Services to improve the conduct
of its investigations by applying international best
practices and ensuring respect for the due process rights of
all United Nations staff;


7. Affirms that transparent, predictable, accountable and
objective operational strategies and investigation procedures
contribute to the effective functioning of the system of
administration of justice;


8. Notes with concern that concerns have been raised
regarding due process rights in investigations, stresses that
the due process rights afforded the staff in investigations
carried out by the Office of Internal Oversight Services have
to withstand review by the system of administration of
justice, and reiterates its request to the Secretary-General
to develop a comprehensive approach to fully undertake the
Organization's responsibility in ensuring the due process
rights of its staff under investigation;


9. Re-emphasizes the principle of separation, impartiality
and fairness on the part of those with responsibility for
investigation functions;


10. Stresses that the purpose of the Office of Internal
Oversight Services is to assist the Secretary-General in
fulfilling his internal oversight responsibilities;


11. Reaffirms that the Office of Internal Oversight Services
is the internal body entrusted with investigation in the
United Nations;


12. Also reaffirms that trained heads of offices, programme
managers and boards of inquiry, as well as the Department of
Safety and Security and the Ethics Office, may carry out
administrative inquiries and investigations, except in cases
of serious misconduct and/or criminal behavior, in accordance
with resolution 59/287;


13. Takes note of the development of a comprehensive
training module designed to build the capacity of United
Nations staff to support administrative inquiries or
investigations, as well as of a special training programme
for investigating allegations of sexual harassment, by the
Office of Internal Oversight Services;


14. Recalls paragraphs 3, 8 and 10 of its resolution 59/287,
and requests the Secretary-General to continue to increase
basic investigation training, as appropriate, for the
handling of minor forms of misconduct;


15. Reaffirms its decision that in cases of serious
misconduct and/or criminal behavior, investigations should be
conducted by professional investigators;


16. Also reaffirms that any changes that have administrative
and financial implications be submitted by the
Secretary-General and be subject to the review and approval

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of the General Assembly in accordance with established
procedures;


17. Requests the Secretary-General to prepare, in close
cooperation with the Office of Internal Oversight Services,
for its consideration at its sixty-third session, a report
providing detailed information regarding, inter alia:

a) the status of implementation of its resolution 59/287;

b) updated and detailed information on all the entities other
than the Office of Internal Oversight Services carrying out
administrative inquiries and investigations, their
legislative basis and precise role, the number and types of
cases handled, related resources, reporting mechanisms,
standards and guidelines involved and training imparted;

c) the status of work done under general temporary assistance
resources equivalent to six positions to establish a training
capacity for the Investigations Division to enable programme
managers to handle category II cases of misconduct and the
assessment of such work and any other related work carried
out for the same purpose, as well as the future workplan
thereof;


18. Also requests the Secretary-General to prepare for its
consideration and approval, in close cooperation with the
Office of Internal Oversight Services, a report providing
detailed information on terms of reference with regard to the
proposed comprehensive review of investigations in the United
Nations before the General Assembly decides on the necessity
of such a review, taking into account the role and mandate of


the Office of Internal Oversight Services as establish in its
resolution 48/218 B, the framework for investigation adopted
in its resolutions 57/282, section IV, and 59/287, the reform
of the system of administration of justice, the decisions of
the Assembly to strengthen the investigation function of the
Office of Internal Oversight Services and its decisions on
the accountability framework, results-based management,
enterprise risk management and the internal control framework;


19. Further requests the Secretary-General to report to the
General Assembly on practices related to the sharing of
information between the Organization and law enforcement
authorities of Member States as well as to referrals to such
authorities of possible criminal cases related to United
Nations staff, United Nations officials and experts on
mission, taking into account its resolution 62/63 of 6
December 2007 and other relevant legal instruments.

End text.

Wolff