Statement of the Permanent Mission of the Dominican Republic to the United Nations

October 11

Mr. Chairman,

I have the honor to speak on behalf of the Community of Latin-American and Caribbean States, CELAC.

CELAC notes the report of the Secretary-General on the "Administration of Justice at the United Nations' in document A/71/164.

Likewise, reiterates its satisfaction with the progress achieved by the Administration of Justice System since its inception. We are convinced of the positive impact of the system in improving relations between the organization and its staff and their own working performance. CELAC has been Consistent in its support of the protection of the basic rights of the Members of the United Nations, in accordance with agreed international standards, and will continue to support all measures that can help the United Nations to become a better employer in order to attract and retain, in turn, the best employees.

The current system of Administration of Justice intends to be independent, transparent, professionalized, adequately resourced and decentralized and to be consistent with the relevant rules of international law and the principles of the rule of law and due process to ensure respect for the rights and obligations of staff members and the accountability of managers and staff members alike.

Mr. Chairman,

We recall the important role this Committee has played in making the system of Administration of Justice operational through the drafting of the Statutes for both Tribunals and its amendments. It is in that same vein we want to continue contributing with our legal expertise on all the outstanding issues such as those related to the independent evaluation of the system and the access to the justice System for persons with disabilities, gender equality and other measures available for addressing disputes.

CELAC notes the conclusions and actions presented by the Secretary General in his report A/71/164 and invites members of the Sixth Committee to review its recommendations and proposals- The Community believes that this debate should take into account the basic principles of independence, transparency, professionalism and decentralization, together with the principles of legality and due process.

We note that there was a decrease in the number of requests for management evaluation from staff in the Secretariat of the formal system of justice, as noted in the Report of the Secretary General. We take note that while the overall number of requests for management evaluation decreased in 2015, the number submitted from staff in the field increased, as well as in the number of applications received by the Dispute Tribunal of the United Nations during 2015. CELAC also noted the increase in the number of appeals received by the Appeals Tribunal last year.

We appreciate the recommendations and proposals presented by the Secretary General in his report contained in document A/71/164 submitted for its discussion by the General Assembly and pledge our contribution to the deliberation of these important documents as part of the responsibilities of the Sixth Committee.

Mr. Chairman,

CELAC supports the Office of Staff's Legal Assistance, which has been performing a vital task through representation, advice and other legal services. We take note with satisfaction that the Office visited the five sub regional offices, to provide invaluable opportunities to inform staff, staff associations and managers about the internal justice system, including the role of the Office.

We reiterate that the internal Justice Council continues to play an important role in the system to help ensure independence, professionalism and accountability. We wish to encourage the Council to continue to provide its views and contributions on the application of the system of justice within the scope of its mandate, as set out in paragraph 37 of resolution 62/228, adopted by the General Assembly at its sixty-second session.

Likewise, CELAC takes note of document A/71/158 of 15 July 2016 related to the Report of the Internal Justice Council of the United Nations, created with the objective to assist the General Assembly in its consideration of the recommendations of the interim independent Assessment Panel.

The Group takes note of document A/71/62/Rev. 1 of 15 April 2015, related to the "Report of the Interim independent Assessment Panel on the System of Administration of Justice at the United Nations', which began its work early in May and completed it towards the end of October 2015.

We suggest analyzing, among others, the following recommendations of the Panel: holding United Nations staff accountable for their conduct and taking care of victims, managers should be encouraged to respond positively to mediation attempts; the necessity to have better writing rules, clearer procedures and consistent career practices, to strengthen the Management Evaluation Unit, the Office of Staff Legal Assistance and the Appeals Tribunal.

Mr. Chairman,

We would also like to recognize the work of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal, which have actively been carrying out their functions and demonstrated their firm commitment to contribute to justice at the United Nations. We note the current composition of both Tribunals and Countless causes that have served during 2015. We are ready to explore new ways to improve the use of the informal system like the work of the Mediation Division, and encourage proper geographical and gender distribution among for the designation of judges and staff.

CELAC also stresses the importance of the Management Evaluation Unit process as it provides the Administration with the opportunity to prevent unnecessary litigation before the Tribunals.

We take notes the report of the Secretary General contained in document A/71/157 of 15 July2016, on the activities of the Office of the United Nations Ombudsman and Mediation Services, which provides workplace informal conflict resolution services to the Secretariat, the funds and programs and the Office of the United Nations High Commissioner for Refugees.
Regarding the work of the Office of the United Nations Ombudsman and Mediation Services, the Community of Latin-American and Caribbean States emphasizes that the informal resolution of conflict is a crucial element of the internal system of Administration of Justice. We call upon the implementation of incentives intended to encourage more recourse to informal resolution, encouraged by the justices during the process. CELAC believes more should be done to promote a culture of trust and conflict prevention throughout the Organization.
In that sense, we would reiterate the request to the Secretary-General to ensure that the structure of the Office of the Ombudsman and Mediation Services not only reflects its responsibility for the oversight of the entire integrated office, but counts with the necessary support for performing its job reinforcing due process within the Organization and ensuring accountability and transparency in decision-making process by holding managers accountable for their actions, in accordance with the relevant resolutions of the General Assembly. Office provides institutional capacity to resolve workplace conflicts.

It is very important that the Sixth Committee continue to coordinate and cooperate closely with the 5th Committee to ensure an appropriate division of labor and avoid overlaps or encroachment of mandates.

We await the outcome from the panel established regarding the uniformity Code of conduct of legal aid and private aid, as well as the position of immunity of first instance judges and appeal judges.

Mr. Chairman,

CELAC would like to restate its determination to work constructively to Continue Supporting the implementation of the internal System of Administration of Justice at the United Nations, and in that sense looks forward to working with other delegations to this effect.

Thank you, Mr. Chairman