Summary: EU Presidency Statement - United Nations: Administration of Justice (22 March 2007: New York)
Statement on behalf of the European Union, by Mr. Peter Woeste, Minister Counsellor, Permanent Mission of Germany, on agenda item 128: 'Administration of Justice', at the 5th Committee, New York
Mr. Chairman,
I have the honour to speak on behalf of the European Union. The Candidate Countries Turkey, Croatia* and the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Montenegro, Serbia, the EFTA countries Iceland and Liechtenstein, members of the European Eco-nomic Area, as well as Ukraine and the Republic of Moldova align themselves with this declaration.
The European Union would like to thank the Controller, Assistant-Secretary General, Warren Sach, and the Ombudsperson, Ms. Patricia Durrant, as well as Mr. Rajat Saha, Chairman of the ACABQ, for their presentations. We appreciate as well the participation of the representatives of the staff unions, expressed by their comprehensive statements. The European Union welcomes the consensual outcome of the VIIth Special Session of the Staff-Management Coordination Committee. Internal justice is mainly
a matter be-tween staff and management. Therefore the European Union looks forward to their con-tinued involvement. In addition, we would like to thank the 6th Committee for the helpful recommendations on the structures and functioning of a new administration of justice system.
Mr. Chairman,
The United Nation's system of administration of justice urgently needs to be reformed. It does currently not comply with international standards. The report of the Redesign Panel, which recommends a total restructuring of the system, clearly underlines the lack of effi-ciency and transparency of the existing system of internal justice. Therefore, the Euro-pean Union attaches great importance to this reform.
In this context, we would like to emphasise that when the EU deals with the flaws, we judge the system and structures as such, not the people working in it. The European Union explicitly acknowledges the work of innumerable individuals, many of them volun-teers, who have served, and still serve, in the various bodies that form part of the current system of internal justice.
The European Union shares the view of both the Redesign Panel and the Secretary General that the Organisation needs an internal justice system that enjoys the trust and confidence of both staff and management. Therefore, the system must be professional-ized and be in conformity with relevant rules of international law, principles of the rule of law and due process. Adequate safeguards must be taken to ensure equal access of all staff to justice and the right to be heard. To achieve trust the EU
also attaches great im-portance to a thorough selection process for the Ombudspersons and the judges and to the objectivity and independence of both the formal and informal systems.
In the 5th Committee we have to address inter alia crucial questions on financing and staffing the desired new system. In our view, not everything that is desirable may prove to be financially feasible at this stage. It is of great importance that we find the right bal-ance here. The report of the ACABQ, together with the reports of the Redesign Panel and the Secretary General, provide a good basis for additional information and discus-sions in the Fifth Committee.
Mr. Chairman,
Without going into too much detail, I would like to underline at least some issues which in our view are essential for the reform of the internal justice system:
1. The new system of administration of justice should comprise an informal system and a formal system.
2. The informal dispute resolution mechanism should be able to address as many grievances as possible at the earliest stage and should therefore by strengthened.
3. Where mediation is successful and an agreement is reached, this should be re-spected by both parties and preclude them from filing the same case in the formal system.
4. The formal administration of justice should establish a two-tiered system, consisting of a first instance body and an appellate body, rendering binding decisions and or-dering appropriate remedies.
5. The new system of administration of justice should be decentralized as necessary, in order to promote wider access to justice and to facilitate the disposition of disputes.
6. Judges in both instances should be highly qualified professionals of recognised judi-cial standing and shall serve strictly in their personal capacity while enjoying full in-dependence.
Mr. Chairman,
There are still many issues that need to be further clarified. Additional information is needed on disincentives to pursue frivolous or apparently unfounded claims and to avoid the abuse of the internal justice system, for instance.
The means to ensure the legal assistance to staff members seeking redress should also be further considered. In this regard, the responsibility of Staff Unions towards staff needs more discussion. And we appreciate, as stated earlier, their presence today. The European Union encourages staff representatives to explore the possibility of establish-ing a funded scheme in the Organization that provides legal advice and support to the staff and therefore may consult with the Secretary General as
they deem appropriate, as already elaborated in op26 of resolution A/59/283. The European Union is willing to deal with this resolution as it laid the ground for the current reform proposals.
More clarification is also needed on the link between the new informal and formal sys-tem as well as on the link to Funds and Programmes.
We would also like to understand better what the challenges of the transition period are and hear more about the measures and safeguards envisaged to ensure a smooth re-form process.
Moreover, the issue of extending access to the internal justice system to all persons who perform personal services regardless of their contract needs to be further discussed and revisited, as any decision on this issue would have a direct bearing on the expected workload of cases in all parts of the system.
Mr. Chairman,
If we can come up with a new system that is able to gain the trust and find the support of both staff and management, it will substantially contribute to the overall process of the reform of the United Nations - a contribution that is a win-win situation for all of us and provides an excellent instrument for enhanced accountability.
The European Union is willing to take decisions where there is a general agreement on the reform proposals. On the other hand, we will not be able to implement a completely new system immediately in the time available to us, and of course some issues are al-ready within the managerial competencies of the Secretary General. In this regard, we would welcome the introduction of a reformed system of management evaluation of ad-ministrative decisions, with a clear, short deadline. This would
strengthen the current system during the interim period. And it would prove the commitment of the Secretariat and its managers.
Mr. Chairman,
The European Union is looking forward to discussing all above mentioned and any other issues in more detail in the course of the informal consultations with a view to finding the best-possible solutions.
Thank you Mr. Chairman.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
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