unitex@rubbs.fidonet.org (unitex) (10/25/89)
FIFTH COMMITTEE CONTINUES DISCUSSION OF PROGRAMME BUDGET
Posting Date: 10/20/89 Copyright UNITEX Communications, 1989
UNITEX Network, USA ISSN: 1043-7932
The Fifth Committee (Administrative and Budgetary) this morning
heard Carl-August Fleischhauer, Under-Secretary-General for
Legal Affairs and United Nations Legal Counsel, introduce
reports on the harmonization of administrative tribunals of the
International Labour Organisation (ILO) and the United Nations.
The Committee also continued consideration of the programme
budget for the biennium 1990-1991, programme planning and the
efficiency of the Organization. Statements were made by the
representatives of France, the United States, Egypt, Romania,
the United Republic of Tanzania, Algeria, Peru, Venezuela, the
German Democratic Republic, Ghana and Botswana.
Some delegations expressed concern that subsidiary bodies of the
United Nations were making programme decisions without knowledge
of the costs involved. Concern was also expressed about the
adequacy of the budget contingency fund and about the effects of
post reduction.
Some countries regretted the negative real growth of the proposed
budget at a time when serious regional conflicts and economic
crises led to increased demands on the Organization.
The Committee will meet at 3 p.m. today to continue consideration
of the three agenda items and will hear statements on the
pattern of conferences.
Committee Work Programme
The Fifth Committee (Administrative and Budgetary) meets this
morning to take up harmonization of administrative tribunals. It
will also continue its discussion of the proposed programme
budget, programme planning and a review of the Organization's
efficiency.
Harmonization of Administrative Tribunals
The Committee has before it three reports of the
Secretary-General on harmonization of administrative tribunals.
A report on the feasibility of establishing a single
administrative tribunal for the United Nations, the specialized
agencies and the International Atomic Energy Agency (IAEA)
constitutes a substantially unchanged resubmission of reports
previously submitted to the General Assembly in 1984 and 1985,
taking into account subsequent developments (document A/42/328)
. The report includes proposed reforms for the United Nations
Administrative Tribunal with specific comments on its
composition, jurisdiction, procedures, remedies and judgements.
A second report deals with harmonization of the statutes, rules
and practices of the administrative tribunals of the
International Labour Organisation (ILO) and of the United
Nations (document A/43/704). It provides an introduction to the
subject and to the content of the report; an historical account
of the Assembly's consideration of the subject; and an account of
consultations held among Member States and ILO in 1988. Three
versions of the statute of the United Nations Administrative
Tribunal and of some of its rules are contained in annexes.
There is also a draft resolution, under which the Assembly would
recommend that both the United Nations and ILO amend the rules
and statutes of their respective administrative tribunals along
the lines indicated in the Secretary-General's report on
establishing a single tribunal.
A third report on harmonization of the tribunals contains the
replies of eight Member States to the proposals set out in the
Secretary-General's report on that subject (document A/C.5/44/1
and Add.1). Those countries are the Federal Republic of
Germany, the Netherlands, the Soviet Union, the United Kingdom,
the United States, Italy, Morocco and South Africa.
Secretary-General's Reports Introduced
CARL-AUGUST FLEISCHHAUER, Under-Secretary-General for Legal
Affairs and United Nations Legal Counsel, introduced the reports
of the Secretary-General on the harmonization of administrative
tribunals (documents A/42/328, A/43/704 and A/C.5/44/1), saying
the Secretary-General's proposals had been examined in informal
inter-sessional consultations during the first half of 1988 and
the Secretary-General had reported to the Committee last fall.
The Committee had considered the matter and two principal views
emerged from the deliberations: (1) the proposals contained in
the Secretary-General's report were sound and reasonable and
could enable the Assembly to conclude the item at its
forty-third session; (2) since the informal consultations had
been attended by some 15 Member States only, the matter required
further consultations. Following informal consultations, a
draft decision, subsequently adopted by the Assembly as decision
43/452, invited Member States to submit written
proposals by 31 May 1989 and requested the Secretary-General to
report the comments of Member States to the Assembly at this
forty-fourth session for its final decision.
The report requested in decision 43/452 contained the comments of
eight Member States on the composition, jurisdiction and
competence of the Tribunal on specific performance and damages
and on miscellaneous points.
MICHEL BROCHARD (France), speaking on behalf of the 12 member
States of the European Community (Belgium, Denmark, France,
Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg,
Netherlands, Portugal, Spain and United Kingdom), focused on
questions of monitoring and evaluation raised by the report of
the Committee for Programme and Co-ordination (CPC). He said the
Twelve welcomed the increased attention being given to
self-evaluation as a means of facilitating programming; meetings
and training seminars should stress the purposes of
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