Summary: November 18, 2002: Statement by Mr. Thure Christiansen, Counsellor, Permanent Mission of Denmark to the UN, on behalf of the European Union. Financing of the International Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY - FIFTH COMMITTEE: Item 124 and Item 125 (New York)
Mr. Chairman,
I have the honour to speak on behalf of the European Union. The countries of Central and Eastern Europe associated with the European Union - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and the Associated Countries - Cyprus, Malta and Turkey, as well as the EFTA Countries of the European Economic Area - Iceland and Liechtenstein, align themselves with this statement.
The European Union thanks the representative of the Secretariat for introducing the reports on the International Tribunals for the Former Yugoslavia and Rwanda. We also thank ambassador Mselle for introducing the report of the ACABQ. However, the European Union is disappointed at the late issuance of many of these reports, particularly the report of the ACABQ.
Mr. Chairman,
At the outset, the European Union would like to reiterate its strong support for the work of the Tribunals. This support is manifested both politically and financially and by the steps we take here in this Committee to ensure that the Tribunals make the best possible use of their resources in carrying out their important duties. In that connection, the European Union welcomes the constructive and detailed analysis of the workings of the Tribunals contained in the report of the ACABQ and we are
ready to endorse its conclusions and recommendations.
The European Union wishes to pay tribute to the staff of the Tribunals for their continuing work in fulfilling their vital mandates. We must, however, express our deep disquiet at the continuing high vacancy rate in the Tribunal in Rwanda, which must be causing additional strain to the staff in situ. The European Union has always stressed the importance of recruiting high quality staff. We were struck, particularly, by the information in the ACABQ report that there is an abundance of qualified
candidates in the region and elsewhere applying for the many vacant positions. We intend to seek, therefore, an update from the Secretariat regarding progress in this recruitment process, in particular whether the crucial positions of Deputy Prosecutor and Chief of Prosecutions have been filled.
Mr. Chairman,
We share the ACABQ's concern over the inadequate management of the expenses of the legal aid system in the ICTR. We recall that in our speech on the Board of Auditors' reports we also referred to the alarming inadequacies in many areas of both Tribunals' management and regulatory systems. The resultant overspends of over $6 million for 2001 and projected additional requirements of $3.7 million for the current period are worrying examples. We will be pressing for urgent action to combat these
serious problems during the course of the informals.
The European Union is pleased to note that the ICTR's investigations will be completed in June 2003, while the ICTY will complete investigations by 2004 and trials by 2008. As investigations conclude, we expect that the Tribunals' managers will have arrangements in place to re-deploy posts to more active areas of work.
Mr. Chairman,
With regard to this work on the completion strategies of the Tribunals, the European Union notes that the Board of Auditors, in their report on the ICTY contained in document A/57/5/Add.12, recommend the implementation of budget ceilings, final deadlines, related indicators and palliatives to roadblocks by the ICTY as a whole and by each of its components. We are pleased to note from the Tribunal's response to these recommendations that they have already established 120 performance indicators
to follow the performance and development of the Tribunal's judicial process. We believe that a logical development of this would be for the ICTY to prepare its budget for 2004-2005 in a results-based budgeting format.
As for the ICTR, we should be keen to learn of progress and a clear timetable for presentation of a completion strategy in line with the Board of Auditors' recommendations. Key to achieving this will be the effective use of the ad-litem judges to be approved this session. We shall seek assurances that this extra resource will be used to the full in pursuit of this objective and that the working practices of the Tribunal are adapted accordingly.
A further area of concern to the European Union is that of audit and investigation services. We regret that posts have not yet been filled for these functions, despite the fact that authorization was granted by the General Assembly for this last year. We believe these posts should be filled as a matter of priority.
Mr. Chairman,
Turning to the report on the enforcement of sentences, we note that the ACABQ draws attention to the need for the General Assembly and the Security Council to address this issue because of the importance of the issues raised and their relevance to the successful implementation of a completion strategy. The Secretary-General has identified a number of key areas where mechanisms are needed to deal with issues arising in the course of sentence enforcement. We believe that finding solutions to
these questions must be an urgent priority in order for the Tribunal to complete its mandate effectively and within an appropriate time-scale. We further note the recommendation of the ACABQ that future budgetary requests on enforcement of sentences should be considered on a case-by-case basis, taking into account the legal, administrative and financial justification provided in support of each request.
I shall conclude, Mr. Chairman, with the understanding that we will have more observations and questions, which we intend to bring up in the course of the informal negotiations on these items. However, I cannot draw to a close without once more reiterating the European Union's strong support and appreciation for the work of the Tribunals.
I thank you, Mr. Chairman.
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