VZCZCXYZ0002
RR RUEHWEB

DE RUCNDT #1223/01 3621929
ZNR UUUUU ZZH
R 281929Z DEC 07
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 3466

UNCLAS USUN NEW YORK 001223 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: AORC KUNR UNGA
SUBJECT: UN REVAMPS ADMINISTRATION OF JUSTICE AND KEEPS THE 
COST DOWN, FOR NOW 
 
¶1.  Begin Summary:  The UN has adopted a resolution creating 
a new system of Administration of Justice (AoJ) that stresses 
informal dispute resolution over litigation in resolving 
staff grievances.  It responds to most, but not all, of the 
Secretary General,s requests and will be implemented over 
 
SIPDIS 
the next two years at roughly half the initial projected 
cost.  While important issues remain to be addressed in the 
resumed sessions, USUN generally achieved USG objectives. 
End summary. 
 
AN EXISTING SYSTEM BEYOND REPAIR 
 
¶2.  The current system under which UN employees can seek 
redress of grievances was conceived and instituted fifty 
years ago and has evolved into a system that is neither 
effective nor efficient.  Both staff and management have lost 
confidence that it can meet their needs.  The Redesign Panel, 
Secretary General (SYG), and Advisory Committee on 
 
SIPDIS 
Administrative and Budgetary Questions (ACABQ) each examined 
the system over the past year and their verdict was 
unanimous:  the old system must go.  In the fall session of 
the 62nd General Assembly, the Fifth Committee considered 
numerous strategies for effecting meaningful reform and 
ultimately reached consensus (A/RES/62.228) on a system that 
will replace the existing system over the next two years. 
 
MORE INFORMAL DISPUTE RESOLUTION, LESS LITIGATION 
 
¶3.  The stated goal of the future AoJ system is a new, 
independent, transparent, professional, adequately resourced, 
and decentralized system of administration of justice that 
will ensure respect for the rights and obligations of staff 
members and the accountability of managers and staff members 
alike.  It emphasizes trying to resolve grievances through an 
informal process.  Effective January 1, 2008, the new system 
will significantly expand the Office of the Ombudsman, 
enhance professional legal assistance, and create a Mediation 
Division.  All three offices will have representatives not 
only at New York headquarters but also in Geneva, Nairobi, 
and a few large overseas missions.  A mandatory review of 
administrative decisions, to be conducted under tighter 
deadlines, will also help resolve grievances at the informal 
level.  The intent is to restore faith in the system and 
provide the means for addressing grievances quickly and 
professionally, so that litigation is only pursued as a last 
resort. 
 
¶4.  USUN succeeded at this stage in arguing that access to 
the new system should be limited to current UN staff. 
However, in the AoJ resolution the GA decided to revert to 
the issue of the scope of the system of administration of 
justice at the second part of its resumed session and to 
request information in this regard from the SYG.  USUN, along 
with Canada, Australia, New Zealand (CANZ), and Japan, also 
argued successfully for establishing new positions at lower 
levels than the SYG requested (e.g., Director level instead 
of Assistant Secretary General, Professional Staff level 
instead of Director), for redeploying existing positions 
wherever possible, and for limiting the total number of new 
posts.  These measures helped to reduce the projected 
additional costs of the new informal system. 
 
NEW TWO-TIER FORMAL SYSTEM REPLACES UN ADMINISTRATIVE TRIBUNAL 
 
¶4. A new formal system for adjudicating grievances unresolved 
through informal dispute resolution will be in place by 
January 1, 2009, consisting of two tiers, a Dispute Tribunal 
(UNDT) and an Appeals Tribunal (UNAT).  (It replaces the 
existing UN Administrative Tribunal.)  Judges for each will 
be appointed by the General Assembly from a list of 
candidates vetted and recommended by a new Internal Justice 
Council.  Although the G-77 and EU wanted all first-tier 
proceedings to have three-judge panels, USUN did succeed in 
gaining consensus on the ACABQ recommendation that a single 
judge hear cases at the UNDT level.  However, the resolution 
calls for the SYG to present further proposals on UNDT judges 
when the session resumes.  The UNAT with three judges will 
convene as needed to hear appeals. 
 
TRANSITIONAL MEASURES 
 
¶5.  There was broad but not yet universal agreement to 
USUN,s proposal that the UN Administrative Tribunal should 
clear the existing backlog of cases rather than transfer them 
to the new system.  Since it is likely to take more than a 
year to clear the backlog, the two systems would need to 
operate simultaneously for a limited period of time.  USUN 
also obtained agreement on provisions to clarify cost-sharing 
arrangements with entities participating in the current 
system and the status of those entities should they choose 
not to participate in the new AoJ system.  The issue of 
transitional arrangements will be taken up again in the 
resumed session. 
 
 
 
OTHER UNFINISHED BUSINESS 
 
¶6.   Many issues, some quite complex, that could not be 
adequately addressed in the debate that produced the current 
resolution include:  the mandate of the Office of Staff Legal 
Assistance, the role of the Internal Justice Council, 
jurisdiction of the UNDT and UNAT, grounds for appeal, the 
role of staff associations, system access by non-staff (e.g., 
experts), cost sharing by claimants, and additional 
incentives for volunteer legal representation..  The 
resolution requests the SYG to report on these issues so that 
they can be considered during the resumed sessions.  In 
addition, the Sixth Committee is expected to consider the 
legal aspects of these and other matters when it meets in 
April. 
 
ACTION REQUESTED 
 
¶7.  In 2008, the informal system for resolving grievances 
will be more accessible to UN staff members, more 
professional, and decentralized, increasing the chances for 
resolving claims without formal litigation.  By 2009 a new 
formal system will replace the system that exists now.  While 
much has been accomplished, much remains to be done.  Post 
requests the bureau,s views on the issues to be addressed in 
the resumed session.  We look forward to further positive 
changes in the UN,s administration of justice system. 
Khalilzad