VZCZCXYZ0002
PP RUEHWEB

DE RUCNDT #1020/01 3191427
ZNR UUUUU ZZH
P 151427Z NOV 07
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 3096

UNCLAS USUN NEW YORK 001020 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR IO/UNP EDMONDSON 
 
E.O. 12958: N/A 
TAGS: UNGA UNGA
SUBJECT: ACTION REQUEST: SIXTH COMMITTEE DRAFT DECISION AND 
CONCLUSION PAPER ON ADMINISTRATION OF JUSTICE 
 
¶1. ACTION REQUEST: USUN requests instructions from the 
Department to join consensus on the Sixth Committee's draft 
decision, conclusions paper on Administration of Justice, and 
accompanying cover letter (agenda item 137) contained in para 
3 - 5, or substantially similar text.  USUN also seeks 
instructions on whether to make an explanation of position 
after the Sixth Committee adopts the documents, emphasizing 
our understanding that the ad hoc committee would not 
consider any issue relating to the administration of justice 
agenda item if the General Assembly reaches a final decision 
on that issue; even if the Sixth Committee previously 
discussed that issue.  The Sixth Committee will take action 
on this item on November 19, 2007.  USUN point of contact for 
this resolution is Elizabeth Wilcox, (212) 415-4220, 
WilcoxE@state.gov. END ACTION REQUEST. 
 
¶2.  BACKGROUND/COMMENT: As discussed, the Sixth Committee has 
agreed ad ref on the three documents reflecting its 
discussions on the administration of justice agenda item. 
The first document in para 3 is a draft decision for adoption 
by the General Assembly that would establish an ad hoc 
committee to meet in April 2008 to continue to discuss the 
legal aspects of the proposed reform of the UN's system of 
administration of justice.  The decision also would request 
the Secretary-General to supply certain information for the 
ad hoc committee to consider.  The language of the decision 
is caveated to take into account any subsequent decisions the 
General Assembly may adopt concerning the administration of 
justice agenda item before the ad hoc committee convenes. 
The second document in para 4 contains the conclusions of the 
Sixth Committee's consideration the administration of justice 
agenda item.  The third document in para 5 is a cover letter, 
by which the Sixth Committee Chairman would transmit the 
Committee's conclusions to the Vice President of the General 
Assembly and the Secretary General.  The UN Secretariat has 
advised USUN that none of the documents would have 
extrabudgetary implications.  END BACKGROUND/COMMENT. 
 
 
¶3.  Text of draft decision on administration of justice: 
 
BEGIN TEXT: 
 
Monday, 12 November 2007 
 
Draft decision 
Administration of Justice at the United Nations (137) 
 
The General Assembly takes note of the conclusions of the 
Sixth Committee on the Administration of justice at the 
United Nations following its consideration of the legal 
aspects of the report of the Secretary-General, requests the 
Secretary-General to respond to the requests for information 
 
SIPDIS 
contained in that document, taking into account any further 
decisions that the General Assembly may take during its 
sixty-second session prior to the meeting of the Ad Hoc 
Committee referred to below, and decides to establish an Ad 
Hoc Committee on the Administration of Justice at the United 
Nations, to be open to all States Members of the United 
Nations or members of specialized agencies or of the 
International Atomic Energy Agency, for the purpose of 
continuing the work on the legal aspects of the item, taking 
into account the results of the deliberations of the Sixth 
Committee on the item, previous decisions of the General 
Assembly and any further decisions that the General Assembly 
may take during its sixty-second session prior to the meeting 
of the Ad Hoc Committee.  The Ad Hoc Committee shall meet 
from 10 to 18 April, and on 21 and 25 April 2008, and shall 
report on its work to the General Assembly at its sixty-third 
session.  The General Assembly also decides to include in the 
provisional agenda of its sixty-third session the item 
entitled "Administration of justice at the United Nations". 
 
END TEXT. 
 
¶4.  Text of the Sixth Committee's conclusion paper on 
administration of justice: 
 
BEGIN TEXT: 
 
ADMINISTRATION OF JUSTICE AT THE UNITED NATIONS CONCLUSIONS 
OF THE SIXTH COMMITTEE 
 
GENERAL ISSUES 
 
Points of agreement 
 
¶1. All procedures in the system of administration of justice 
should be consistent with relevant rules of international law 
and recognized principles of rule of law and due process. 
Adequate safeguards should be considered to facilitate 
 
 
equality of access of staff members, regardless of their duty 
stations, to the system of justice and to exercise their 
right to be heard in the administration of justice system. 
 
Proposed scope of the new system 
 
Points of agreement 
 
¶2. The new system of administration of justice shall be 
accessible to all staff covered by the current system. 
 
Issues requiring further consideration 
 
¶3. Further consideration should be given to the 
recommendations by the Secretary-General and Member States 
that the new system of administration of justice be extended 
to certain categories of non-staff personnel. 
 
Requests for further information 
 
¶4. Further information is requested on the following points: 
 
- the different categories of non-staff personnel performing 
personal services for the Organization, including experts on 
mission and UN officials other than staff members of the 
Secretariat; 
 
SIPDIS 
 
- the types of dispute settlement mechanisms available to the 
different categories of non-staff personnel and their 
effectiveness; 
 
- the types of grievances the different categories of 
non-staff personnel have raised in the past and what bodies 
of law are relevant to such claims; 
 
- any other mechanism that could be envisaged to provide 
effective and efficient dispute settlement to the different 
categories of non-staff personnel taking into account the 
nature of their contractual relationship with the 
Organization. 
 
Legal assistance for staff 
 
Points of agreement 
 
¶5. Legal assistance for staff should continue to be provided 
and the strengthening of a professional office of staff legal 
assistance should be supported.  Any legal assistance 
provided by the Organization should be accessible to staff 
members regardless of their duty stations.  A code of conduct 
should regulate the activity of the individuals providing 
legal assistance for staff to ensure their independence and 
impartiality. 
 
Issues requiring further consideration 
 
¶6. Further consideration should continue to be given to the 
question of how best to enhance a professional office of 
staff legal assistance, including how best to improve the 
legal assistance currently provided to staff. 
 
Requests for further information 
 
¶7. Further information is requested on the specific barriers 
which make it difficult for staff within the United Nations 
system to be able to access the services of private lawyers, 
as well as those which limit the ability of private lawyers 
to be able to serve the needs of staff within the United 
Nations system, and on what means are potentially available 
to improve or expand their ability to do so.  Further 
information is also requested on how the issue of legal 
advice and representation for employees is addressed by other 
international organizations. 
 
INFORMAL SYSTEM OF JUSTICE 
 
Qualifications, selection and terms of reference of the 
Ombudsman 
 
Points of agreement 
 
¶8. The nomination and process for the selection of the United 
Nations Ombudsman, independent from the parties to potential 
disputes, shall be transparent and ensure the trust of all 
those involved in the system of administration of justice. 
 
Mediation 
 
Points of agreement 
 
¶9. Staff and management should be encouraged to resort to 
 
 
mediation as means for resolving disputes. 
 
¶10. All staff members, regardless of their duty stations, 
should have access to mediation.  Statements made during the 
mediation process shall remain confidential by all concerned 
and shall be inadmissible in subsequent litigation. 
Agreements concluded by way of mediation shall be binding on 
the parties and shall be enforceable in the formal system of 
justice. 
 
Issues requiring further consideration 
 
¶11. Further consideration should be given to the conditions 
under which the United Nations Dispute Tribunal may refer 
cases pending before it to mediation, including the 
requirement of the consent of the parties and the issue of 
time frames 
 
FORMAL SYSTEM OF JUSTICE 
 
Judges 
 
Points of agreement 
 
¶12. Judges of the United Nations Dispute Tribunal and the 
United Nations Appeals Tribunal shall be of high moral 
character, have respectively 10 and 15 years of judicial 
experience in the field of administrative law or its 
equivalent within their national jurisdiction, and serve 
strictly in their personal capacity and enjoy full 
independence.  Due consideration should be given to gender 
and regional balance in the nomination and process for the 
selection of judges. 
 
¶13. Judges of the United Nations Dispute Tribunal and of the 
United Nations Appeals Tribunal shall be elected/appointed by 
the General Assembly.  The election/appointment of judges 
should be staggered so as to ensure a partial periodical 
renewal of the composition of each Tribunal. 
 
¶14. Judges of the United Nations Dispute Tribunal and of the 
United Nations Appeals Tribunal shall be elected/appointed 
for one non-renewable term on any one of the two tribunals. 
 
¶15. Judges of the United Nations Dispute Tribunal and of the 
United Nations Appeals Tribunal shall be removable only by 
the General Assembly and exclusively on grounds of misconduct 
or incapacity. 
 
Issues requiring further consideration 
 
¶16. A mechanism shall be identified for the compilation of 
lists of persons eligible for appointment to the judicial 
positions at the United Nations Dispute Tribunal and of the 
United Nations Appeals Tribunal to ensure that the required 
qualifications for these positions are fulfilled.  Further 
consideration should be given to the process for the 
nomination and selection of judges to be elected/appointed, 
including the possible establishment, composition and 
functions of the proposed Internal Justice Council.  Further 
consideration should also be given to the process of 
election/appointment of the judges. 
 
¶17. Further consideration should be given to whether the term 
served by judges of the United Nations Dispute Tribunal and 
the United Nations Appeals Tribunal should be six or seven 
years. 
 
¶18. Further consideration should be given to mechanisms 
relating to the initial election/appointment of judges, 
including how best to implement the decision that the 
election/appointment of judges should be staggered so as to 
ensure a partial periodical renewal of the composition of 
each Tribunal. 
 
¶19. Further consideration should be given to mechanisms of 
formal removal of judges, definition of the grounds of 
misconduct or incapacity and the means for the establishment 
of such grounds in a specific case. 
 
¶20. Further consideration should be given to the question of 
whether a decision on first instance should be decided by a 
single judge or a panel of three judges. 
 
Jurisdiction and powers of the United Nations Dispute 
Tribunal and the United Nations Appeals Tribunal 
 
Points of agreement 
 
¶21. Compensation ordered by the Tribunals shall normally be 
subject to the limit of two years salary. 
 
 
 
Issues requiring further consideration 
 
¶22. Further consideration should be given to the question of 
the jurisdiction ratione materiae of the United Nations 
Dispute Tribunal. 
 
¶23. Further consideration should be given to the question of 
appeals by staff associations before the formal system of 
justice. 
 
¶24. Further consideration should be given to the question of 
the grounds of appeals before the United Nations Appeals 
Tribunal. 
 
¶25. Further consideration should be given to defining 
specific extraordinary circumstances under which it might be 
appropriate for the Tribunals to award compensation in excess 
of two years salary. 
 
¶26. Further consideration should be given to the question 
whether, and under what circumstances, specific performance 
might be ordered by the Tribunals as an alternative to 
compensation. 
 
Requests for further information 
 
¶27. Further information or clarification is requested on the 
following points: 
 
- the types of claims former staff members have been eligible 
to bring and have brought before the United Nations 
Administrative Tribunal; 
 
- whether the Secretariat and the United Nations 
Administrative Tribunal interpret the phrase terms of 
appointment in Article 2, paragraph 1, of the its statute to 
extend beyond the written terms of the relevant employment 
contract, staff regulations, and staff rules and, if so, on 
what legal basis; 
 
- the conditions of employment or the duties of the 
Organization to its staff; 
 
- the proposal to empower the United Nations Dispute Tribunal 
and the United Nations Appeals Tribunal to refer appropriate 
cases to the Secretary-General and the heads of funds and 
programs for possible action to enforce accountability and, 
in particular, how the role of the Secretary-General in this 
regard will be different from that of the formal system of 
justice and what mechanisms will prevent duplication of 
efforts; 
 
- the Secretary-Generals proposal to empower the United 
Nations Dispute Tribunal, upon request by the staff member 
concerned, to suspend action on implementation of a contested 
administrative decision and specifically, on the criteria the 
Tribunal would apply in suspending such action; 
 
- composition and role of staff associations. 
 
Registries of the United Nations Dispute Tribunal and the 
United Nations Appeals Tribunal 
 
Points of agreement 
 
¶28. The structure of the registry or registries of the United 
Nations Dispute Tribunal and the United Nations Appeals 
Tribunal shall ensure the Tribunals impartiality and avoid 
any potential conflict of interest, both real and perceived. 
 
Issues requiring further consideration 
 
¶29. Further consideration should be given to the question 
whether the United Nations Dispute Tribunal and the United 
Nations Appeals Tribunal shall have one single registry, 
provided that it shall only manage and administer cases, or 
separate registries, in the case that they provide legal 
assistance to judges on the cases before the Tribunals. 
 
Adoption of the rules of procedure by judges of the United 
Nations Dispute Tribunal and the United Nations Appeals 
Tribunal 
 
Points of agreement 
 
¶30. The United Nations Dispute Tribunal and the United 
Nations Appeals Tribunal shall establish their own rules, in 
conformity with the provisions of their Statutes.  The rules 
of procedure established by the Tribunals shall be subject to 
approval by the General Assembly. 
 
 
 
END TEXT. 
 
¶5.  Text of draft letter from Sixth Committee Chairman to 
UNGA Vice President regarding the Sixth Committee's work on 
administration of justice during the 62nd session: 
 
BEGIN TEXT: 
 
Your Excellency, 
 
I have the honour to write to you with regard to agenda item 
137, Administration of Justice at the United Nations. 
 
As you are aware, at its third plenary meeting on 21 
September 2007, the General Assembly decided to allocate this 
item to the Fifth Committee and to the Sixth Committee in the 
light of its resolution 61/261 of 4 April 2007. 
 
During the present session, the Sixth Committee has 
considered this item in plenary at its 2nd and 17th meetings 
on 8 and 26 October 2007, as well as in the form of a Working 
Group.  The Sixth Committee considered the legal aspects of 
the Secretary-Generals report on the Administration of 
justice at the United Nations (A/62/294), consistent with 
paragraph 35 of resolution 61/261. It should be noted that 
the report of the ACABQ (A/62/7/Add.7) was issued after the 
Working Group of the Sixth Committee had completed its 
deliberations. 
During these meetings, the Sixth Committee has made a number 
of conclusions, which are attached in an annex to the present 
letter. 
 
I should emphasize that these conclusions, which reflect the 
contents of the discussions at the Sixth Committee, do not 
address all the legal aspects of the item.  As a consequence, 
the absence of comments on any legal issue should not be 
interpreted as meaning that the Sixth Committee has 
necessarily reached an agreement on that issue. The Sixth 
Committee has decided that it should continue to discuss this 
item in light of further information provided to it, as well 
as any further decisions that the General Assembly may take 
on this item at its current session. 
 
It would be appreciated if this letter, together with its 
annexes containing conclusions (Annex I) and the content of 
the recommendation of the Sixth Committee to the General 
Assembly (Annex II), could be brought to the attention of the 
Chairman of the Fifth Committee and the Secretary-General, 
and be circulated as a document of the General Assembly, 
under agenda item 137, Administration of Justice at the 
United Nations. 
 
Please accept, Your Excellency, the assurances of my highest 
consideration. 
 
Alexei Tulbure 
Chairman of the Sixth Committee of the General Assembly 
 
END TEXT. 
Khalilzad