Administration of Justice at the United Nations

A/RES/61/261View PDF

Who created this mandate?

A Resolution of the General Assembly, under agenda item 128Administration of justice at the United Nations, published in 2006.

What other versions does this mandate have?

23 versions · 2004–2025

This is an older version — the most recent is A/RES/80/238

2025A/RES/80/238Administration of justice at the United NationsLatestCompare with previous version
2024A/RES/79/254Administration of justice at the United NationsCompare with previous version
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Who cites this mandate in the budget?

2 entities

A dot marks an entity citing this document in its “Mandates and background” narrative rather than only its Legislative mandates list. Many do both.

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What subjects does this mandate have?

18 topics

Accountability Administration of Justice Administrative Reform Appellate Procedure Conflict Management Costs Due Process of Law Financing Grievance Procedures Institutional Machinery Legal Aid Ombudsman Programme Evaluation Report Preparation Right to Counsel Rules and Regulations Staffing Training Programmes

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2007.

2007A/62/294Administration of justice report of the Secretary-General

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

48 operative paragraphs

Welcomes the report of the Redesign Panel on the United Nations system of administration of justiceError: Reference source not found and the note by the Secretary-General thereon;Error: Reference source not found

Takes note of the reports of the Secretary-General on the administration of justice in the Secretariat: implementation of resolution 59/283,Error: Reference source not found the activities of the Ombudsman,Error: Reference source not found the administration of justice in the Secretariat: outcome of the work of the Joint Appeals Board and statistics on the disposition of cases and the work of the Panel of Counsel,Error: Reference source not found the administration of justice in the SecretariatError: Reference source not found and the practice of the Secretary-General in disciplinary matters and in cases of criminal behaviour,Error: Reference source not found and the reports of the Advisory Committee on Administrative and Budgetary Questions;4, 8

Recalls its decision 61/511 B of 28 March 2007;

New system of administration of justice

Decides to establish a new, independent, transparent, professionalized, adequately resourced and decentralized system of administration of justice 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;

Recognizes that the introduction of the new system of administration of justice should, inter alia, have a positive impact on staff-management relations and improve the performance of both staff and managers;

Stresses the importance of increased transparency in decision-making and increased accountability of managers for the system;

Also stresses the importance of the proper implementation of a sound performance appraisal system as a potential means of avoiding conflict and the need to provide training to improve the conflict-resolution skills of managers;

Reaffirms staff rule 112.3, which relates to the financial liability of managers;

Stresses the need for comprehensive training for all participants in the system of administration of justice as well as the dissemination of information among staff members about the system of administration of justice, the remedies available and the rights and obligations of staff members and managers;

Endorses the recommendation of the Redesign Panel to abolish the Panels on Discrimination and Other Grievances, whose functions relating to the informal system will be transferred to the Office of the Ombudsman and whose other functions will be transferred to the formal system of administration of justice;

Informal system

Recognizes that the informal resolution of conflict is a crucial element of the system of administration of justice, and emphasizes that all possible use should be made of the informal system in order to avoid unnecessary litigation;

Decides to create a single integrated and decentralized Office of the Ombudsman for the United Nations Secretariat, funds and programmes;

Requests the Secretary-General to identify three posts for the Office of the Ombudsman for Geneva, Vienna and Nairobi;

Emphasizes the need for the Ombudsman to encourage staff to seek resolution through the informal system;

Affirms mediation as an important component of an effective and efficient informal system of administration of justice that should be available to any party to the conflict at any time before a matter proceeds to final judgement;

Decides to formally establish a Mediation Division located at Headquarters within the Office of the United Nations Ombudsman to provide formal mediation services for the United Nations Secretariat, funds and programmes;

Stresses that once parties have reached an agreement through mediation they are precluded from litigating claims covered by the agreement and that parties should be able to bring an action in the formal system to enforce the implementation of that agreement;

Emphasizes the role of the Ombudsman to report on broad systemic issues that he or she identifies, as well as those that are brought to his or her attention;

Formal system

Agrees that the formal system of administration of justice should comprise two tiers, consisting of a first instance, the United Nations Dispute Tribunal, and an appellate instance, the United Nations Appeals Tribunal, rendering binding decisions and ordering appropriate remedies;

Decides that a decentralized United Nations Dispute Tribunal shall replace existing advisory bodies within the current system of administration of justice, including the Joint Appeals Boards, Joint Disciplinary Committees and other bodies as appropriate;

Emphasizes the importance of efficiency in the work practices of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal;

Stresses that the effectiveness of the formal system will depend largely on the legal and judicial expertise, experience, independence and other qualifications of the judges;

Agrees that legal assistance for staff should continue to be provided, and supports the strengthening of a professional office of staff legal assistance;

Reiterates the invitation to staff representatives to further explore the possibility of establishing a staff-funded scheme in the Organization that would provide legal advice and support to the staff; staff representatives may consult with the Secretary-General as they deem appropriate;

Management evaluation

Acknowledges the need to have in place a process for management evaluation that is efficient, effective and impartial;

Reaffirms the importance of the general principle of exhausting administrative remedies before formal proceedings are instituted;

Endorses the measures to ensure managerial accountability contained in paragraph 31 of the note by the Secretary-General;Error: Reference source not found

Office of the Administration of Justice

Agrees to establish the Office of the Administration of Justice, headed by a senior management-level official, which will have overall responsibility for the coordination of the United Nations system of administration of justice;

Transitional measures

Requests the Secretary-General to ensure that the Joint Appeals Boards, the Joint Disciplinary Committees, the United Nations Administrative Tribunal and other bodies, as appropriate, continue to function until the new system is operational with a view to clearing all cases that are before them;

Urges the Secretary-General to continue his efforts to ensure the proper functioning of the current system of administration of justice prior to the implementation of the new system, including through the implementation of General Assembly resolution 59/283;

Also urges the Secretary-General to continue the efforts needed to comply with the time limits of the appeals process and to clear the existing backlog of cases at all stages;

Further reports

Requests the Secretary-General to report on the following issues regarding the establishment of the new system of administration of justice:

An in-depth analysis regarding the scope of persons who might be covered by the new system of administration of justice;

Proposals on the nomination and selection process for the Ombudsmen and judges, taking into account the recommendations of the Advisory Committee on Administrative and Budgetary Questions as set out in paragraphs 30 and 48 of its report;Error: Reference source not found

Revised terms of reference for the Ombudsman, as appropriate, taking into account the proposed changes and suggested locations;

Detailed proposals for the strengthening of an office of staff legal assistance, including information on practices in the governmental and intergovernmental sectors;

Detailed and objective criteria for determining which peacekeeping operations and special political missions should have elements of the system of administration of justice within their post structures;

The outcome of the Staff-Management Coordination Committee working group on disciplinary proceedings, including on the recommendations of the Redesign Panel on peacekeeping operations;

Arrangements for the members of the United Nations Administrative Tribunal whose terms of office are affected by the implementation of the new system;

Proposals for registries for the United Nations Dispute Tribunal and its interim rules;

A proposal for management evaluation, taking into account the recommendations of the Advisory Committee as set out in paragraphs 32 to 40 of its report;Error: Reference source not found

Detailed information on the relationship and cost-sharing arrangements with the funds and programmes and underlying cost parameters, taking into consideration the comments of the Advisory Committee;

A comparison of the cost of the current Joint Appeals Board/Joint Disciplinary Committee/United Nations Administrative Tribunal system and the proposed United Nations Dispute Tribunal/United Nations Appeals Tribunal system;

Resource requirements for the new system of administration of justice;

Also requests the Secretary-General to consolidate the above-mentioned reports to the extent possible and to submit them to the General Assembly as a matter of priority no later than the early part of the main part of its sixty-second session;

Further requests the Secretary-General to submit to the General Assembly a report on resources required for the implementation of the present resolution as a matter of priority at the second part of its resumed sixty-first session;

Other issues

Invites the Sixth Committee to consider the legal aspects of the reports to be submitted by the Secretary-General without prejudice to the role of the Fifth Committee as the Main Committee entrusted with responsibilities for administrative and budgetary matters;

Decides to continue consideration of this item during its sixty-second session as a matter of priority with the objective of implementing the new system of administration of justice no later than January 2009.

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