STATEMENT ON BEHALF OF THE GROUP OF 77 AND CHINA BY MR. DIOSDADO HERNANDEZ, THIRD SECRETARY, PERMANENT MISSION OF CUBA TO THE UNITED NATIONS, ON AGENDA ITEM 145: FINANCING OF THE INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS FOR 2024, AT THE MAIN PART OF THE SEVENTY-EIGHTH SESSION OF THE FIFTH COMMITTEE OF THE UNITED NATIONS GENERAL ASSEMBLY (New York, 6 December 2023)

Mr. Chair,

1. I have the honor to deliver this statement on behalf of the Group of 77 and China. We thank all briefers for introducing their respective reports.

2. The Group of 77 and China would like to express its gratitude to the Governments of the United Republic of Tanzania and The Kingdom of The Netherlands for their continued support to the work of the Organization and in particular the Residual Mechanism. We register again, our full support to the work of the Mechanism and that consideration of this agenda and adequate allocation of resources form are a major part of our collective interests.

Mr. Chair,

3. The Group of 77 and China has taken note of the performance of the Mechanism budget for the 2022 which reveal underperformance in the tune of 10.35 million dollars (gross). We have also taken note on the updates on current financial year which indicates that the entity will continue to register underperformance. The Group will be interested to learn the details on the variances on the specific budget lines.

4. The Group notes that the Secretary-General is proposing the budget amounted to 63,930,800 dollars for year 2024 reflecting a reduction of 18.01 million dollars or 22 percent from the resources approved for the current year. The budget assumption includes proposal to abolish 20 posts comprising 15 posts in the Arusha Branch and 5 in The Hague.

5. With regards to the other staff costs, the Group notes that a total of 77 general temporary positions are proposed for reduction at the end of 2024. We will be interested to study details of each of the proposed reduction including level, location and the Office. We will also examine the proposed GTAs for the coming budget year and we trust that, information on the matter will be provided in a transparent fashion.

Mr. Chair,

6. Following the completion of the judicial activities, reduction of prosecution mandates and the proposed streamlined of the administrative support, the Group believe that staffing and resources of the Mechanism should have been more concentrated in the residual functions undertaken by the Registry component. We are concerned that, the proposal before the Committee is opposite. We are also concerned that, the proposed reduction is focused on lower positions and concentrate in the Registry component in Arusha. The Group rejects any double standard in this regard.

7. The Group notes the information that, the President of the Mechanism will present framework of operations to complete its functions to Informal Working Group on International Tribunals of the Security Council. The Group would like to emphasize that, no any administrative and budgetary proposal or initiative is to be implemented without prior consideration and approval by the General Assembly through Fifth Committee.

8. We would also like to emphasize the need for strictly adherence with the Statute of the Mechanism which stipulates the mandates of each of the organ. The Group would also like to remind that, Registrar of the Mechanism as the only principal with Delegation of authority in the administration of the Staff Regulations and Rules and the Financial Regulations and Rules.

Mr. Chair,

9. With regard to the outreach programme, the Group is of the view that, consolidation of lesson learned and best practices should not be kept in the shelves rather need to be shared and used to support the prevention of genocide across the global. In this regard, we look forward for the strengthening of the outreach and library services in Arusha. We discourage any initiative that aim at denying the access of important information to the citizen of the world and future generation.

10. The Group recalls that by paragraph 5 of its resolution 75/249, the General Assembly requests the Secretary-General to continue his efforts to promote the nationalization of positions in the Mechanism. The Group is of the view that, at this stage a number of administrative, transactional and support functions should have been nationalized. We will follow-up on this matter during our informal deliberations. The Group will also revisit the level of administrative capacity including temporary D1 established by the Assembly during its second resumed part of its seventy-second session.

Mr. Chair,

11. With regards to the construction, the Group of 77 and China would like to register our concern that, the Secretary-General has not submitted the final report on the construction of a new facility for the Mechanism in Arusha. The Group is also concerned that to-date the Mechanism has not resolved the question of settlement of the claim by the Contractor as directed by the General Assembly. We would like to request the Secretary General to ensure that, this issue is resolved amicably and expeditiously for the best interest of the Organization taking into account the experience from other capital projects.

12. Regarding the report of the Advisory Committee, we would like to register our reservations on a number of comments and observations that support the proposed arbitrary reduction and mis-allocation of resources and that we will submit specific proposals to address our concerns.

13. In conclusion, allow me to re-assure you our readiness to engage constructively with a view to reaching consensus outcome in a timely fashion.

I thank you.