Sixth Committee (Legal) — 70th session

Administration of justice at the United Nations (Agenda item 143)

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Documentation

Summary of work

Background (source: A/70/100/Add.1)

The General Assembly considered the item at its fifty-fifth to fifty-ninth and sixty-first to sixty-eighth sessions (resolutions 55/258, 55/258, 57/307, 59/283, 62/228, 63/253, 64/119, 64/233, 65/251, 66/237, 67/241 and 68/254 and decisions 56/458 C, 58/576, 61/503 A, 63/531, 64/527, 64/553 and 65/213).

At its sixty-second session, the General Assembly established: (a) a two-tier formal system of administration of justice, comprising a first instance United Nations Dispute Tribunal and an appellate instance United Nations Appeals Tribunal; (b) the Office of Administration of Justice, comprising the Office of the Executive Director and the Office of Staff Legal Assistance and the Registries for the United Nations Dispute Tribunal and the United Nations Appeals Tribunal; (c) a single integrated and decentralized Office of the Ombudsman for the United Nations Secretariat, funds and programmes with branches in several duty stations and a new mediation division; (d) the Internal Justice Council; and (e) the Management Evaluation Unit in the Office of the Under-Secretary-General for Management (resolution 62/228).

At its sixty-third session, the General Assembly adopted the statutes of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal and decided that those Tribunals would be operational as of 1 July 2009 and that all persons who had access to the Office of the Ombudsman under the previous system would also have access to the new informal system (resolution 63/253).

Consideration of the item in the Fifth Committee

At its sixty-ninth session, the General Assembly reaffirmed its decision, contained in paragraph 12 of its resolution 68/254, that the interim independent assessment shall examine the system of administration of justice in all its aspects, with particular attention to the formal system and its relation with the informal system, including an analysis of whether the aims and objectives of the system set out in resolution 61/261 were being achieved in an efficient and cost-effective manner. The Assembly decided that the panel shall be appointed from a pool of experts drawn from all regional groups and judicial systems, selected to ensure the independent nature of the assessment (resolution 69/203, sect. I).

At the same session, with regard to the informal system, the General Assembly welcomed the recommendations to address systemic and cross-cutting issues contained in the report of the Secretary-General on the activities of the Office of the United Nations Ombudsman and Mediation Services (A/69/126) and requested the Secretary-General to report on progress made in the implementation of those recommendations in his next report. The Secretary-General was also requested to provide data and other relevant information on outreach activities, focusing on conflict resolution, systemic issues and conflict competence, as well as on promotion of the benefits of informal resolution, in his next report on the activities of the Office. The Assembly further requested that information on the number and nature of cases from non-staff personnel continue to be clearly set out in future reports on the activities of the Office. It reiterated its request to the Secretary-General to ensure that the revised terms of reference and guidelines for the Office are promulgated by the end of December 2014. The Assembly requested the Secretary-General to strengthen performance management skills among managers, including by enriching training programmes for conflict competence, and to continue his efforts to promote collaboration among all relevant stakeholders towards the full implementation of a credible, fair and consistent performance management system (resolution 69/203, sect. II).

Also at the sixty-ninth session, with regard to the formal system, the General Assembly recognized the ongoing positive contribution of the Office of Staff Legal Assistance to the system of administration of justice and requested the Secretary-General to implement and report on incentives for staff not to opt out of the voluntary supplemental funding mechanism with respect to additional resources for the Office (by way of a payroll deduction not exceeding 0.05 per cent of a staff member’s monthly net base salary implemented on an experimental basis from 1 January 2014 to 31 December 2015, in accordance with paragraph 33 of resolution 68/254). The Secretary-General is also requested to continue to collect and examine data relating to staff contributions to the Office and to report thereon to the Assembly in his next report, as well as to develop incentives for staff and management, including through training opportunities, to enable and encourage staff to continue to participate as volunteers in the work of the Office. The Assembly further requested the Secretary-General to report on the practice of proactive case management by the United Nations Dispute Tribunal judges in the promotion and successful settlement of disputes within the formal system in his next report; to continue to track the data on the number of cases received by the Management Evaluation Unit and the Dispute Tribunal in order to identify any emerging trends and to include his observations on those statistics in future reports; and to ensure that a lessons-learned guide on performance management based on the jurisprudence of the Tribunals is completed before the main part of the seventieth session and shared with managers across the Organization. The Assembly decided to amend article 11, paragraph 3, of the statute of the Dispute Tribunal and article 7, paragraph 5, of the statute of the Appeals Tribunal to expand their application to judicial orders, in addition to judgements. It also amended article 11, paragraph 3, of the statute of the Dispute Tribunal by adding a sentence reading “Case management orders or directives shall be executable immediately.” The Assembly requested the Secretary-General to report at the main part of the seventieth session on the implementation of those amendments, including with respect to the administrative implications, any implications for the timely disposal of the cases, the ultimate disposition of appeals of orders, if any, and any costs saved by reason of stays pending such appeals. Having previously requested the Secretary-General, in its resolution 68/254, to examine further the issue of the immunities of the judges of the two Tribunals and present recommendations that would not result in a change in their rank or conditions of service (para. 31), the Assembly requested the Secretary-General to review the issue of harmonization of the privileges and immunities of the judges and to submit a proposal to the Assembly in his next report on the item. Stressing the need to ensure that all individuals acting as legal representatives appearing before the Tribunals are subject to the same standards of professional conduct, the Assembly requested the Secretary-General to submit in his next report a single code of conduct for all legal representatives, without prejudice to other lines of disciplinary authority (resolution 69/203, sect. III).

At its sixty-ninth session, the General Assembly requested the Secretary-General to submit to the Assembly, in his next report, a refined proposal with regard to the scope of application and the title of the mechanism to address complaints under the code of conduct of judges. It stressed that the Internal Justice Council could help to ensure independence, professionalism and accountability in the system of administration of justice, and requested the Secretary-General to entrust the Council with including the views of both the Dispute Tribunal and the Appeals Tribunal in its reports. The Assembly recalled paragraph 39 of the report of the Advisory Committee (A/69/519) and paragraph 8 of its resolution 61/261 and requested the Secretary-General to present, in his next report, proposals with reference to the accountability of all individuals where violations of the Organization’s rules and procedures have led to financial loss (resolution 69/203, sect. IV).

At the same session, the General Assembly invited the Sixth Committee to consider the legal aspects of the report to be submitted by the Secretary-General, without prejudice to the role of the Fifth Committee as the Main Committee entrusted with responsibilities for administrative and budgetary matters (resolution 69/203, sect. IV).

Consideration of the item in the Sixth Committee

At the sixty-ninth session, as set out in a letter from the Chair of the Sixth Committee (A/C.5/69/10, annex), the Sixth Committee considered the legal aspects of the reports of the Secretary-General and of the Internal Justice Council on the administration of justice at the United Nations (A/69/227 and A/69/373, respectively) and the report of the Secretary-General on the activities of the Office of the United Nations Ombudsman and Mediation Services (A/69/126), and it drew the attention of the Fifth Committee to a number of specific issues relating to the legal aspects of those reports.

Consideration at the seventieth session

The Sixth Committee considered the item at its 16th and 18th meetings, on 28 October 2015 (see A/C.6/70/SR.16 and A/C.6/70/SR.18).

Statements were made by the representatives of: Ecuador (on behalf of the Community of Latin American and Caribbean States (CELAC)), the European Union, also on behalf of its Member States (the candidate countries Turkey, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania, as well as the European Free Trade Association country Iceland, Armenia and Georgia, aligned themselves with the statement), Australia (CANZ), Switzerland, the United States of America, Brazil and the Philippines.

Delegations welcomed the reports of the Secretary-General on the administration of Justice at the United Nations  and on the activities of the Office of the United Nations Ombudsman and Mediation Services,  as well as the report of the Internal Justice Council (the “IJC”). They reiterated their satisfaction with the progress achieved by, and the positive impact of the administration of justice system since 2009. Some delegations welcomed the evidence of increasing efficiency of the system, while acknowledging that challenges remained. Other delegations highlighted key principles that the administration of justice should be based on, including professionalism, independence, transparency and decentralization, as well as the principles of legality and due process.

Several delegations welcomed the stabilization of cases in the formal justice system. The rise in requests for internal evaluation, number of cases before the UNDT and the UNAT in 2014, as well as number of interlocutory motions before the UNAT were noted. A number of delegations sought  information on how the Tribunals dealt with single decisions leading to many staff complaints. Delegations further commended the Management Evaluation Unit, particularly for its role in identifying cases that could be settled. They expressed their support for the Office of Staff Legal Assistance in performing a vital task to assist staff through representation, advice and other legal services and for being an important filter in the system of administration of justice. The implementation of incentives for staff to not opt out of the automatic payroll deduction was encouraged, and the Secretary-General was thanked for continuing to collect and examine data on this automatic payroll deduction initiative. A number of delegations emphasized the importance of good performance practices and proactive case management by the Tribunals, and encouraged the full implementation of the lessons learned guide as soon as possible.

Delegations expressed support for and encouraged the use of the informal dispute resolution mechanisms to further enable the settlement of disputes, mentioning the important role of the Office of the United Nations Ombudsman and Mediation Services, and urged the Office to promulgate its revised terms of reference.

Support was also expressed for the request in General Assembly resolution 69/203 that the Secretary-General submit a single code of conduct for all legal representatives appearing before the Tribunals. Delegations further expressed their support for the Secretary-General’s refined proposal for a mechanism for addressing potential complaints under the code of conduct for judges of the Tribunals contained in A/70/187.   Some delegations  agreed with the IJC that the mechanism for addressing complaints under the code of conduct for judges should ensure due process, including for judges themselves, and considered that individuals against whom a complaint is brought should not be identified unless and until the complaint is upheld. The point was also made that complaints against judges in a particular case should not be addressed until the case is disposed of unless the integrity of the case would be compromised.

Delegations welcomed the recommendations of the Secretary-General on the harmonization of the privileges and immunities of the judges of both Tribunals.  They further agreed that it would be useful for the panel of experts to study the possibility of assigning one of the appeals judges to serve as a ‘duty judge’ to handle appeals against interlocutory motions filed outside of the Tribunals’ annual sessions, stressing that due consideration be given to the costs of such an approach. The proposal to extend the three ad litem judge positions at the UNDT until the end of 2016 was welcomed.

Some delegations emphasized the importance of informing staff members at all duties stations of their legal entitlements under the system of administration of justice, and to provide them with assistance in engaging in informal dispute methods or seeking judicial remedies. Several delegations expressed the need to ensure that appropriate mechanisms were in place for the settlement of work-related disputes with non-staff personnel of the United Nations. Updates on a framework creating a work environment as mandated by the Convention on the Rights of Persons with Disabilities were also requested.

Several delegations emphasized the need to protect whistle-blowers who reported misconduct or cooperated with investigations.  It was suggested to call for recommendations by the panel of experts on whether some form of judicial review against the conclusions of the Ethics Office was necessary to make the protection of whistle-blowers effective. It was also observed that it would be interesting for the panel of experts to address how whistle-blower actions are handled in various national systems and for the UNDT to consider exercising its referral power under article 10 (8) of its statute. Support for the revision of the Secretary-General’s 2003 bulletin on special measures for protection from sexual exploitation and sexual abuse was also expressed.

Delegations looked forward to receiving the result of the interim independent assessment of the United Nations system of administration of justice, which will be presented at the seventy-first  session of the General Assembly. They took note of the recommendations made by the IJC and reiterated its important role in the system of administration of justice. Some delegations referred to the seven vacancies that would arise in the UNDT and the UNAT as of 1 July 2016. They emphasized the need for geographical and gender representation in the tribunals, and noted that UNAT judges should have more practical experience, relative to their academic expertise.

Delegations further emphasized the important role of the Sixth Committee in coordinating and cooperating closely with the Fifth Committee to ensure an appropriate division of labor and avoid overlaps or encroachment of mandates, and called for continuing communication on matters relating to this agenda item.

Action taken by the Sixth Committee

At its 18th meeting on 3 November 2015, the Sixth Committee, following informal consultations, carried out on the item on 27, 28 and 30 October, decided that its Chair would address a letter to the President of the General Assembly, drawing his attention to certain specific issues relating to the legal aspects of the reports submitted under the item as discussed in the Sixth Committee. The letter would contain a request that it be brought to the attention of the Chair of the Fifth Committee and circulated as a document of the General Assembly. The letter was circulated as an annex to document A/C.5/70/9.

For more information on this agenda item see seventy-first session (2016).

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