Sixth Committee (Legal) — 79th session
Administration of justice at the United Nations (Agenda item 152)
- Authority: resolution 78/248
- List of speakers
Documentation
- A/79/127 — Report of the Secretary-General on administration of justice at the United Nations
- A/79/156 — Report of the Secretary-General on the activities of the Office of the United Nations Ombudsman and Mediation Services
- A/79/121 — Report of the Internal Justice Council on administration of justice at the United Nations
Summary of work
Background (source: A/79/100/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, 77/260 and 78/248, 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, 73/276 and 78/248).
Consideration of the item in the Sixth Committee
At the seventy-eighth session, as set out in a letter from the Chair of the Sixth Committee (see A/C.5/78/20, 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-ninth session
At the 2nd plenary meeting of its seventy-ninth session, on 13 September 2024, 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 13th and 39th meetings, on 15 October and 22 November 2024, as well as in informal consultations held on 11, 18 and 30 October and 6 and 11 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/79/127), the report of the Secretary-General on the activities of the Office of the United Nations Ombudsman and Mediation Services (A/79/156), and the report of the Internal Justice Council (A/79/121). 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 (see A/C.5/79/21, annex).
Statements were made by the representatives of Uganda (on behalf of the African Group), the European Union (also on behalf its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia, as well as Andorra and Monaco, aligned themselves with the statement)), Australia (on behalf of Canada, Australia and New Zealand (CANZ)), the Kingdom of the Netherlands, Sierra Leone, the United States of America, Switzerland, Eritrea, Mexico, China, Côte d'Ivoire and Mozambique.
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. The value of a decentralized system was also emphasized. 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. The role of the Internal Justice Council (IJC) was underscored. A number of delegations commended the components of the system of administration of justice for the continued performance of their functions, despite the challenges posed by the liquidity crisis and highlighted the need for adequate resources and to fill vacant posts in the system.
The importance of outreach and ensuring awareness of the system was recalled. It was suggested that the increase in self-represented litigants, and the frequency with which their cases are found unreceivable, indicated a persisting lack of familiarity with the applicable procedural requirements. Delegations generally emphasized the importance of multilingualism and welcomed relevant initiatives, including the availability of information in all official languages of the United Nations and the possibility for parties to request translation and interpretation into any language required.
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) and encouraged the informal resolution of workplace disputes. A number of delegations took the view that the increase of cases handled by the Office reflected the increased confidence of personnel in it. The outreach efforts of the Office, including those aimed at personnel in field duty stations and persons with disabilities, were welcomed. A number of delegations welcomed the increase use of the mediation services offered by UNOMS and recognized its contribution to the successful resolution of disputes. The value of the informal system to avoid costly and lengthy litigation was recalled. The regularization of access by non-staff personnel to UNOMS services within existing resources was welcomed, and the importance of ensuring all such personnel, including in remote duty stations, have equitable and effective access to these services was emphasized. The recommendation of the IJC for the establishment of an independent mediation office was noted, but the view was expressed that the system was functioning well as it is.
Regarding the formal system of administration of justice, several delegations underscored the important role played by the Management Advice and Evaluation Section (MAES), the Dispute Tribunal and the Appeals Tribunal. Delegations also welcomed the continued decrease in the backlog of cases before the Dispute Tribunal. With respect to remedies, the view was expressed that insisting on compensation instead of reinstatement for wrongfully separated staff members reaffirmed the wrongful administrative decision and denied the opportunity for true accountability. The more frequent use of referrals for accountability by the tribunals was called for. Referral of cases for mediation under article 10, paragraph 3, of the Statute of the United Nations Dispute Tribunal was also encouraged. Several delegations highlighted the importance of the Caselaw Portal and encouraged continuous updates. Further information on implementation of the tribunals’ decisions was requested.
A number of delegations expressed support for the half-time judge model, noting that its implementation had enhanced the effectiveness of the system. The proposal of the Internal Justice Council to establish a seven-year term for the Presidents of the two tribunals, as well as the diverse views of the tribunals and the Secretariat on the matter, was noted by several delegations. It was observed that such a change would be out of alignment with the practice of other international courts and tribunals. Support was also expressed for greater geographical and linguistic diversity among judges. A number of delegations called for the consideration of allowing access by non-staff personnel to the formal system.
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. Its role as a filtering mechanism to reduce the number of cases brought before the tribunal was highlighted. Several delegations expressed support for the recommendation of the Secretary-General to extend the voluntary supplemental funding mechanism of OSLA on an indefinite basis, without prejudice to a final determination as to whether expenditures incurred pursuant to OSLA’s mandate constitute “expenses of the Organization” within the meaning of Article 17, paragraph 2, of the Charter of the United Nations.
Several delegations also continued to highlight the importance of protection of staff members against retaliation in the system of administration of justice. The report of the Ethics Office (A/79/76) was highlighted in this regard. Support was expressed for the possibility for the tribunals to grant anonymity to victims and witnesses if circumstances so require. The importance of a victim-centered approach was also emphasized.
Delegations stressed the importance of addressing workplace conflict and inappropriate behavior, discrimination, harassment, including sexual harassment, and abuse of authority. Several delegations welcomed the activities of Anti-Racism Office. The importance of a gender-responsive approach to ensuring progress towards gender equality was highlighted Additionally, a number of delegations welcomed the efforts made by the Organization to promote. mental health and wellbeing in the workplace, including the revised Workplace Mental Health and Well-being Strategy.
Archived videos and summaries of plenary meetings
13th meeting (15 October 2024, 10:00am – 1:00pm) | Summary
39th meeting (22 November 2024, 3:00pm – 6:00pm) | Summary
Action taken by the Sixth Committee
At the 39th meeting on 22 November 2024, 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.5/79/21.
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, commending the Secretary-General for his ongoing efforts to ensure the availability of outreach documents in all six official languages and recalling its request to the Secretary-General to report on his efforts to continue to promote multilingualism.
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 noted with appreciation the projects set up to further support a culture change in the Organization and to create an enabling environment 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 commended the activities of the Office of the United Nations Ombudsman and Mediation Services, and its efforts to continue to ensure a global presence and regional activities to increase conflict resolution services for staff and non-staff away from Headquarters .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 again commended the Management Advice and Evaluation Section, the United Nations Dispute Tribunal and the United Nations Appeals Tribunal for their continued important roles in enabling the resolution of work-related disputes of staff members. The Committee requested the Internal Justice Council to provide more information on its proposal for a pilot programme of judicial mediation, including the views of the judges of the Tribunal that could be tasked within the project. The Committee also took note of the Internal Justice Council’s recommendation 5 on the issue of reinstatement and encouraged the Respondent, in cases where the Applicant has been successful at the Tribunal, to be guided by the principles of the rule of law and due process and respect for the rights and obligations of staff members and the accountability of managers and staff members alike with regards to the use of reinstatement or compensation as viable remedies. The letter also requested further information from the Secretariat on the current use of reinstatement and compensation where the contested administrative decision concerns appointment, promotion or termination.
The Sixth Committee addressed the issue of staff representation and voluntary supplemental funding mechanism of the Office of Staff Legal Assistance, supporting the recommendation of the Secretary-General to extend the voluntary supplemental funding mechanism of the Office of Staff Legal Assistance on an indefinite basis, without prejudice to a final determination as to whether expenditures incurred pursuant to the Office's mandate constitute “expenses of the Organization” within the meaning of Article 17, paragraph 2, of the UN Charter.
With regard to remedies available to non-staff personnel, the Committee reiterated its long-standing views, by which it highlighted that the United Nations should ensure that effective remedies were available to all categories of personnel, including non-staff personnel. The letter welcomed the decision by the General Assembly to regularize the pilot project to enable non-staff personnel to access the Office of the Ombudsman services within existing resources and reiterated that interns, type II gratis personnel and volunteers (other than United Nations Volunteers) should have the possibility of requesting an appropriate management evaluation but should not have access to the United Nations Dispute Tribunal or to the United Nations Appeals Tribunal.
On protection against retaliation, the Committee took note of the information provided in relation to staff members lodging cases before the Tribunals.
In the letter, the Committee also requested the Secretary-General to entrust the Internal Justice Council with including the views of both the Dispute Tribunal and the Appeals Tribunal in its reports at the future sessions 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 eightieth session (2025).
