FIFTH COMMITTEE approves $57.5 Million for International

Criminal Tribunals for Former Yugoslavia and Rwanda

New York, 18 July, 1995 In the final meeting of the second part of

its resumed session, the Committee approved nine draft texts,including drafts recommending the appropriation or authorization of about $57.5 million for the International Criminal Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda. The Committee also approved draft texts on the hiring of United Nations retirees, on the support account for peace-keeping

operations and on administrative and budgetary aspects of the

financing of such operations.

Under the provisions of the drafts on the Criminal Tribunals,

the $57.5 million recommended for them would consist of an

appropriation of $43,991,600 gross ($39,095,900 net) for the

International Criminal Tribunal for the Former Yugoslavia for the

period 1 January 1994 to 31 December 1995, and $13,467,300 for the

International Tribunal for Rwanda through 31 October 1995.

Documents before Committee

The draft resolution on the financing of the International

Criminal Tribunal for the Former Yugoslavia (A/C.5/49/L.66) would

have the Assembly reaffirm that the Tribunal's costs should be met

through additional resources on the basis of assessed

contributions and financed through a special account outside the

regular budget. The appropriation of $43,991,600 gross

($39,095,900 net) to the special account for the period 1 January

1994 to 31 December 1995 would include $26,175,000 previously

authorized by the Assembly and $276,200 spent in 1993.

The Assembly would decide, as an ad hoc arrangement, that

Member States would waive their respective shares in the credits

from previous budgets of the United Nations Protection Force

(UNPROFOR) totalling $21,995,800 gross ($19,547,950 net) and hence

accept an equivalent increase in the assessments for a future

budget period of UNPROFOR in the amount of $21,995,800 gross

($19,547,950 net) to be transferred to the Tribunal's account from

the UNPROFOR account. The Assembly would apportion that amount

for the period 1 January 1994 to 31 December 1995 among Member

States in accordance with the scales of assessments for 1994 and

1995.

The Assembly would also review the mode of financing of the

Tribunal at its fifty-second session.

The draft would also have the Assembly maintain the same

arrangements for financing the Tribunal for the 1996-1997 biennium

and consider at its fifty-second session the mode of financing of

the Tribunal's requirements for subsequent periods.

The draft text on the International Criminal Tribunal for

Rwanda (A/C.5/49/L.67) would have the Assembly appropriate

$13,467,300 gross ($12,914,900 net) for the Tribunal for the

period through 31 October, without prejudice to any decisions of

the Assembly on the mode of financing the Tribunal's costs. The

amount would include the $2,914,900 previously authorized by the

ACABQ. By the terms of the draft, the Assembly would also

authorize the Secretary-General to make the necessary

arrangements, including the signing of a lease agreement and

construction contracts for the premises of the Tribunal and the

granting of contracts for up to 12 months for its staff, to

provide it with adequate facilities and staff. The Assembly would

ask the Secretary-General to finance the Tribunal's activities

through a separate account outside the regular budget, pending a

final decision on the manner of apportioning its expenses.

Action on Financing of Tribunal for Former Yugoslavia

MARIA ROTHEISER (Austria), coordinator of informal

consultations on the financing of the International Tribunal for

the Former Yugoslavia, introduced the draft text. There had been

a compromise agreement on the financing of the Tribunal. By the

terms of the draft resolution, the Tribunal would be funded partly

from the UNPROFOR account; the remaining half would come from the

scale of assessments for certain years. She suggested that the

draft be adopted without a vote.

SAMUEL HANSON (Canada) said delegations had been divided on

matters of principle. Tribunals such as the current one should be

funded from the regular budget. His delegation understood that

the draft resolution did not provide for new or increased

assessments. To achieve consensus Canada would not oppose the

draft resolution. However, it did not support much of its text

and would speak when the matter was taken up in the plenary.

The Committee approved the draft resolution without a vote.

MARY JO B. ARAGON (Philippines), also speaking for the "Group

of 77" developing countries, said in explanation of position, that

the Group recognized the importance of financing the Tribunal.

Several delegations in the Group had made concessions in order to

reach a compromise; it appreciated the compromise made by other

delegations on the draft. Solutions could be reached through

consensus if all views were considered.

RAFAEL MUNOZ (Spain), speaking for the European Union,

expressed the hope that all Member States would make all efforts

to pay their assessed dues to the Tribunal. The European Union

would intervene in the plenary when it considered the draft

resolution.

MARTIN SHARP (Australia) expressed satisfaction at the

adoption of the draft and said he would speak on the matter at the

plenary.

PETER RIDER (New Zealand) said that the Security Council had

resolved that the Tribunal should be funded from the regular

budget and all legal and judicial bodies should be funded that

way. New Zealand went along with the consensus solution in order

to get some financing for the Tribunal. The text submitted by New

Zealand would be withdrawn in favour of the text approved by the

Committee.

The Committee accepted his proposal.

Action on Financing of Tribunal for Rwanda

Mr. HANSON (Canada), who had coordinated informal

consultations on the financing of the International Criminal

Tribunal for Rwanda, introduced the draft text. Under its terms,

the Tribunal would be funded in the same manner as the Tribunal

for the Former Yugoslavia. There would be appropriation of $13.5

million gross that would be apportioned. Some of the funds would

be derived from the credits in the account of the United Nations

Assistance Mission in Rwanda (UNAMIR) that Member States would

waive, and from assessments. The Committee should approve the

draft without a vote.

The Committee approved the draft without a vote.

PETER MADDENS (Belgium) said he was gratified with the

decision on the draft, adding that stable and sound financing for

the Tribunal was a priority of his delegation. He thanked the

Committee for its action.

YUKIO TAKASU, United Nations Controller, said the amount to

be assessed for UNAMIR would not take into account the

unencumbered balance in the Mission's account.