O 261544Z NOV 08
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC IMMEDIATE 5433
INFO USMISSION GENEVA PRIORITY 
USMISSION UNESCO PARIS PRIORITY
USMISSION UNVIE VIENNA PRIORITY 
USMISSION UN ROME PRIORITY

UNCLAS USUN NEW YORK 001114 
 
SIPDIS 
 
DEPARTMENT FOR IO/MPR 
 
E.O. 12958: N/A 
TAGS: PREL AORC KUNR
SUBJECT: UN INTERNAL JUSTICE SYSTEM UNDER THE GAVEL 
 
REF: USUN NEW YORK 1082 
 
¶1.  Summary:  On November 20, the UN General Assembly (UNGA) 
Fifth Committee (Administrative and Budgetary) discussed 
mechanisms for  resolving staff employment grievances.  The 
Committee received reports from Under Secretary-General for 
Management Angela Kane (A/62/748, A/62/782, A/63/314, and 
A/63/211), Ombudsman Johnston Barkat (A/63/283), and the 
Chairman of the Advisory Committee on Administrative and 
Budgetary Questions (ACABQ) Susan McLurg (A/63/545).  Despite 
an impending deadline and  the need to fill a number of key 
positions, all parties remain committed to implementing the 
new system by January 1.  Responding to criticism from UN 
Staff Union President Stephen Kisambira, Kane said "We're 
almost there."  This is part of a larger plan of reforms in 
human resource management (reftel).  The Committee heard 
interventions from representatives of Antigua and Barbuda (on 
behalf of the G-77 and China), France (on behalf of the EU), 
Australia (on behalf of CANZ), Mexico (on behalf of the Rio 
Group), Switzerland (also on behalf of Liechtenstein), India, 
the United States, Argentina, Japan, and Russia.  End Summary. 
 
¶2.  Kane recounted that UNGA resolution 62/228 approved a new 
system for  resolution of internal disputes, which the UN 
calls administration of justice.  The new system will 
emphasize informal dispute resolution through an expanded 
Office of the Ombudsman.  Formal mechanisms will include the 
UN Dispute Tribunal (UNDT) and the UN Appeals Tribunal.  A 
new Mediation Division will provide both informal and formal 
services to employees and managers.  Last year UNGA requested 
the Secretariat to draft UNDT operating procedures and 
transition proposals by July 1 of this year, a target now 
more than four months overdue. 
 
¶3.  Although the existing disciplinary framework was designed 
for HQ employees, Barkat reported that most cases emanate 
from peacekeeping missions (39 percent) and field offices (34 
percent).  Further complicating matters, the caseload has 
more than doubled over the last year.  Outmoded procedures 
and increased demand have resulted in a tremendous backlog 
just as the UN is preparing to make the transition to the new 
system. 
 
¶4.  The new  internal justice system is widely anticipated 
and emphasizes informal dispute resolution.  To forestall 
more protracted and expensive conflicts, the ombudsman will 
augment efforts to facilitate informal dispute resolution. 
The full range of delegations expressed support for these 
methods. 
 
¶5.  The UN Staff Union is concerned about the still-unfilled 
positions required to staff UNDT.  Kisambira criticized the 
Secretariat for "either indifference or incompetence or just 
plain foot-dragging", and offered support for expedited or 
interim appointments.  (Note:  The G-77 insists that the 
final appointment of judges to UN tribunals should continue 
to be UNGA's prerogative.  End note.)  The representatives of 
Antigua and Barbuda, Mexico, and India regret the delays, but 
renewed their commitment to implementing the new system on 
schedule.  Kane averred that the Secretariat is behind 
schedule, but requested more patience as the Secretariat 
hurries to organize and staff the UNDT. 
 
¶6.  Some major transition issues are yet to be resolved. 
Kane proposed transferring pending cases to the UNDT and 
assigning three additional judges for the first year.  The 
Japanese delegate suggested maintaining the existing system 
until all pending cases have cleared, echoing the well-known 
U.S. position.  In either case, McLurg urged a concentrated 
effort to clear the case backlog. 
 
¶7.  The Japanese delegate expressed support for  many of the 
proposed reforms, but urged budgetary caution.  To control 
costs, he suggested a restriction on damages awarded.  The 
Japanese also advocated negotiation of a standard 
cost-sharing arrangement with agencies, funds, and programs 
outside the Secretariat. 
 
¶8.  The United States expressed support for the timely 
transition to the new system.  Full USDel remarks are 
available at the Mission's web site, 
www.usunnewyork.usmission.gov. 
 
 
Wolff