Sixth Committee (Legal) — 78th session
Administration of justice at the United Nations (Agenda item 144)
- Authority: resolution 77/260
Documentation
- A/78/156 — Report of the Secretary-General on administration of justice at the United Nations
- A/78/170 — Report of the Secretary-General on the activities of the Office of the United Nations Ombudsman and Mediation Services
- A/78/121 — Report of the Internal Justice Council on administration of justice at the United Nations
Summary of work
Background (source: A/78/100/Add.1)
The General Assembly had this item on its agenda at its fifty-fifth to fifty-ninth and annually since its sixty-first session (resolutions 55/258, 57/307, 59/283, 61/261, 62/228, 63/253, 64/119, 64/233, 65/251, 66/237, 67/241, 68/254, 69/203, 70/112, 71/266, 72/256, 73/276, 74/258, 75/248, 76/242 and 77/260 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 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, as well as the Registries for the United Nations Dispute Tribunal and the United Nations Appeals Tribunal, the Registries to be overseen by the Principal Registrar; (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 Assembly adopted the statutes of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal and decided that the 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). The statutes have been amended at subsequent sessions (resolutions 66/237, 69/203, 70/112, 71/266 and 73/276).
Consideration of the item in the Sixth Committee
At the seventy-seventh session, as set out in a letter from the Chair of the Sixth Committee (see A/C.5/77/17, 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 and the report of the Secretary-General on the activities of the Office of the United Nations Ombudsman and Mediation Services. The Sixth Committee drew the attention of the Fifth Committee to a number of specific issues relating to the legal aspects of those reports.
Consideration at the seventy-eighth session
At the 2nd plenary meeting of its seventy-eighth session, on 8 September 2023, the General Assembly, on the recommendation of the General Committee, referred the agenda item to both the Fifth and the Sixth Committees.
Consideration of the item in the Sixth Committee
The Sixth Committee considered the item at its 9th and 37th meetings, on 11 October and 17 November 2023, as well as in informal consultations held on 13, 18 and 30 October and 3, 6 and 8 November. Informal informal consultations also took place on 6, 8 and 10 November. The Sixth Committee considered the legal aspects of the report of the Secretary-General on the administration of justice at the United Nations (A/78/156), the report of the Secretary-General on the activities of the Office of the United Nations Ombudsman and Mediation Services (A/78/170), and the report of the Internal Justice Council (A/78/121). Following past practice, the views of the Sixth Committee on specific issues relating to the legal aspects of such reports were reflected in a letter from the Chair of the Sixth Committee transmitted to the Fifth Committee (seeA/C.5/78/20, annex).
Statements were made by the representatives of Uganda (also on behalf of the African Group), the European Union (also on behalf of its member States (the candidate countries Montenegro, Serbia, Ukraine and the Republic of Moldova, the country of the Stabilisation and Association Process and potential candidate, Bosnia and Herzegovina, as well as Georgia, Monaco and the Republic of San Marino aligned themselves with the statement)), Canada (on behalf of Canada, Australia and New Zealand (CANZ)) [in English], the United States of America, Switzerland, the Kingdom of the Netherlands, Mexico, China, Eritrea, Cuba [in English], Uganda, Mozambique, the United Kingdom of Great Britain and Northern Ireland and Cameroon.
Delegations generally welcomed the reports of the Secretary-General and the Internal Justice Council (IJC). Several delegations stressed the importance of an independent, impartial, transparent, professionalized and adequately resourced administration of justice system within the United Nations. Some delegations further emphasized that the internal administration of justice system should be decentralized. The importance of a fair, effective and universally accessible system for upholding the commitment of the Organization to the right of equal access to justice and the rule of law was highlighted. A number of delegations recalled the importance of outreach and ensuring awareness of the system. Several delegations commended the system for its continued functioning, particularly through the use of remote working methods, in light of the coronavirus (COVID-19) pandemic.
Several delegations emphasized the importance of the informal system of justice and expressed support for the work of the Office of the United Nations Ombudsman and Mediation Services (UNOMS). The importance of the use of the informal system to avoid costly and lengthy litigation was recalled. In this respect, several delegations called for the increased use of mediation to resolve disputes. The efforts of the Secretary General and UNOMS to address racial and gender discrimination, as well as mental health challenges arising from the coronavirus (COVID 19) pandemic were also highlighted and welcomed.
Regarding the formal system of administration of justice, several delegations underscored the important role played by the Management Evaluation Unit (MEU) The decrease in the number of applications to MEU and UNDT was noted, and several delegations welcomed the high productivity of the system and the reduction in the backlog of cases pending before the UNDT. A number of delegations expressed support for the half-time judge model, noting that its implementation had enhanced the effectiveness of the system. Several delegations welcomed the launch of the searchable database of judgments and orders of the tribunals. The proposal of the Internal Justice Council to establish a seven-year term for the Presidents of the UNDT and the UNAT, as well as the diverse views of those Tribunals and the Secretariat on the matter, was noted by several delegations.
The role of the Office of Staff Legal Assistance (OSLA) in providing advice and other legal services essential to the fair and expeditious resolution of disputes was emphasized . Several delegations highlighted the need for self-represented applicants to have all the necessary information to successfully file a case and be confident in a fair hearing. In this respect, several delegations expressed their appreciation for the Office of Administration of Justice’s (OAJ) outreach efforts to staff members who opt for self-representation, including the OAJ’s provision of sound dispute and appeals toolkits.
Several delegations also continued to highlight the importance of protection of staff members against retaliation in the system of administration of justice.
Additionally, a number of delegations welcomed the efforts made by the Organization to promote mental health and wellbeing in the workplace.
A number of delegations expressed renewed concern regarding the position of non-staff personnel, and emphasized the importance of ensuring that all United Nations personnel have access to fair and effective mechanisms to resolve work-related disputes.
With respect to the five initiatives to improve the prevention and resolution of disputes involving non-staff personnel, the Secretary-General was encouraged to provide concrete reflections regarding measures to improve non-staff access to fair and effective judicial mechanisms for dispute resolutionas well as information on the implementation by the Organization of decisions taken by its judicial institutions.
Several delegations also encouraged the regularization of the pilot project within existing resources in order to allownon-staff personnel to access UNOMS services.
Archived videos and summaries of plenary meetings
9th meeting (11 October 2023, 10:00am – 1:00pm) | Summary
37th meeting (17 November 2023, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 37th meeting on 17 November 2023, the Committee authorized its Chair to send a letter to the President of the General Assembly with 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.5/78/20.
In the letter, the Committee underlined the importance of the independence of the judiciary and emphasized the need for knowledge of the internal system of administration of justice and for outreach activities, welcoming continued and increased outreach efforts by the Secretariat, including through regular visits and briefings to field offices and peacekeeping operations. It urged the Secretariat to continue such efforts with a view to providing information on the role and functioning of the various parts of the system as well as the possibilities it offered to staff andnon-staff personnel for addressing work-related complaints.
The Committee also continued to underline the importance of transparency and consistency of jurisprudence and judicial directions, welcoming the launch of a Caselaw portal that delegations believe will contribute to a more transparent and accessible system of administration of justice and recommending that the General Assembly request that judicial directions that are of general application continue to be posted online.
The Committee further renewed its interest in improving the regulatory framework. In this regard, the Committee underlined the importance ofthe Secretariat’s three-pronged strategy of preventing acts of misconduct, addressing reports of misconduct, holding perpetrators of misconduct accountable and providing remedial actions, where applicable. While noting with concern recurrent reports by women of gender-based discrimination and harassment in the workplace, the Committee expressed appreciation for the projects set up to further support a culture change in the Organization and to create an enabling environment for women at all levels.
With regard to the informal system of internal justice,the Committee continued to emphasize that informal dispute settlement was a crucial component of the internal system of administration of justice, commending the different relevant services offered by the Office of the United Nations Ombudsman and Mediation Services Office and renewing its call for further incentives to resort to informal conflict resolution. It also encouraged all stakeholders to continue to refine other recommendations for strengthening the use of mediation by all personnel categories of the Organization. The Committee noted with concern that racism remains an issue in the United Nations workplace and that there remain knowledge and awareness gaps. The Committee therefore encouraged the continuation of learning and education on racism, in particular through the implementation of the Secretary-General’s strategic action plan for addressing racism and promoting dignity for all in the United Nations Secretariat.
Turning to the formal system of internal justice, delegations commended the Management Evaluation Unit, while underlining once more the need to provide the complaining parties with documents and other information relied upon by the Unit in deciding to sustain the decisions of line managers. Observing that the reasonable length of proceedings was an important attribute of an effective system of administration of justice, the Committee commended the further implementation of the case disposal plan and the significant improvement in the disposal of cases by the Dispute Tribunal and the Appeals Tribunal in 2022. It also welcomed the extension of the practice of publishing the schedule and cause list for each half-time judge on the website of the internal justice system to the full-time judges.
The Committee encouraged all parties to a work-related dispute to make every effort to settle it early in the informal system, without prejudice to the right of each staff member to submit a complaint for review in the formal system. In this regard, the Committee noted the work of the Office of Staff Legal Assistance in supporting requests for assistance from staff members and in resolving disputes informally. The Committee took note of the Internal Justice Council’s recommendation 7 to develop and test an 18-month pilot programme of judicial mediation within existing resources and requested the Council to provide more information on this project, taking into consideration the concerns raised by the Secretary-General and the Office of the United Nations Ombudsman and Mediation Services. It expressed support for the Internal Justice Council’s recommendation 8 to establish cooperation between the Office of the United Nations Ombudsman and Mediation Services and other successful mediation offices in the United Nations system. It also welcomed the measures undertaken by the Office of Administration of Justice to provide more cohesive and comprehensive information on the role and functioning of the various mechanisms in the administration of justice system and the possibilities these mechanisms, including mediation, offer to address workplace disputes. Lastly, the Committee encouraged all stakeholders to continue to refine other recommendations for strengthening the use of mediation by all personnel categories of the Organization.
The Sixth Committee addressed the issue of staff representation and voluntary supplemental funding mechanism of the Office of Staff Legal Assistance, welcoming the continued efforts of the Secretary-General to strengthen incentives for staff not to opt out of the mechanism and recommending the regularization of the mechanism as it currently exists.
With regard to remedies available to non-staff personnel, the Committee encouraged the Office of the United Nations Ombudsman and Mediation Services to continue to liaise with the respective stakeholders to ensure that measures are in place to treat non-staff personnel fairly and in accordance with their contractual modality. The Committee reiterated its long-standing views going back to the sixty-sixth session of the General Assembly that the United Nations should ensure that effective remedies are available to all categories of personnel, including non-staff personnel, and recommended that continuation of discussions on ways to provide non-staff personnel with access to fair and effective mechanisms for resolving work-related disputes. The Committee encouraged the Fifth Committee to regularize the pilot project for non-staff personnel and assess the recommendation of the Office of the Ombudsman in order to make the final decision in this regard.
On protection against retaliation, the Committee took note of the information provided in relation to staff members lodging cases before the Tribunals and of the recommendation by the Internal Justice Council to establish an explicit system-wide policy protecting parties and witnesses from retaliation. It also took note that the Internal Justice Council will continue to examine the fear of, and protection against, retaliation for staff bringing cases and those testifying before the Tribunals and for reporting misconduct, including further information on the progress made in the protection against retaliation for both staff and non-staff personnel in the context of the reviews currently under way. The Committee welcomed the discussion held by the Ethics Network of Multilateral Organizations on the topic of protection against retaliation and whistle-blower protection.
Turning to the proposed amendments to the statute of the United Nations Dispute Tribunal (A/78/156, para. 93), the Sixth Committee took note of the Secretary-General’s revised proposal to article 9, paragraph 4 and of the different views expressed by key stakeholders (A/78/156, annex IV, and A/78/121, paras. 22–28) and by Member States. It recommended the adoption of the following amendment to the statute, encouraging the Fifth Committee to take into consideration the views of key stakeholders, including the tribunals:
“Article 9.4:
In hearing an application to appeal an administrative decision imposing a disciplinary measure, the Dispute Tribunal shall pass judgment on the application by conducting a judicial review. In conducting a judicial review, the Dispute Tribunal shall consider the record assembled by the Secretary-General and may admit other evidence to make an assessment on whether the facts on which the disciplinary measure was based have been established by evidence; whether the established facts legally amount to misconduct; whether the applicant’s due process rights were observed; and whether the disciplinary measure imposed was proportionate to the offence.”
Finally, regarding the proposals by the United Nations Dispute Tribunal concerning amendments to its rules of procedure (A/78/156, Annex II), the Sixth Committee recommended the approval of articles 1, 2, 4, 4 bis, 5, 6, 6 bis, 7, 8, 9, 10, 10 bis, 11, 12, 13, 14, 16, 17, 19, 21 bis, 22, 26, 33, 34, 35, 37 and 38. It took note of the Secretary-General’s request that the General Assembly consider the comments, as set out in Annex II to his report on the administration of justice at the United Nations, before deciding whether to approve the remaining proposed amendments to the rules of procedure of the Dispute Tribunal. With regard to the remaining amendments, the Committee suggested postponing the decision to the seventy-ninth session of the Assembly.
Consideration of the item in the Fifth Committee
For information on the action taken by the Fifth Committee on the item, please see the relevant Report of the Fifth Committee and/or consult the Fifth Committee website.
This agenda item will be considered at the seventy-ninth session (2024).
