Statement by Benjamin Garcia, U.S. Advisor to the Fifth Committee, On agenda Items 129 and 130: Comprehensive proposal on appropriate incentives to retain staff of the International Criminal Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, in the Fifth Committee

Thank you Mr. Chairman.

The United States strongly supports the work of the International Criminal Tribunal for Rwanda and the International Tribunal for the former Yugoslavia and continues to place great importance on their effective and efficient functioning.

My delegation wishes to thank Dennis Thatchaichawalit from the Budget Division for presenting the Secretary General's report A/61/824 and the Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), Rajat Saha, for presenting the Committee's report A/61/923.

Mr. Chairman,

My delegation believes that taken together these two reports, provide a useful means to again consider the issue of appropriate incentives to retain key staff through the life of these tribunals, a topic that has been discussed since the ACABQ November 2004 report (A/59/561). Nevertheless, two year later, two essential pieces of the retention incentive puzzle, a comprehensive drawdown plan identifying key posts and the correlation between a successful retention bonus incentive and an acceptable turnover rate.

Regarding the comprehensive drawdown plan, as the ACABQ report notes the Secretary-General has not responded to the ACABQ and Member States' requests that it submit a comprehensive proposal to retain staff to ensure the smooth functioning of the Tribunals that would contain "… more precise determination of the expertise, functions and posts, that would be required during the foreseeable phases of the completion strategy…" Instead, the Tribunals have developed an overall staffing complement needed to support future trials and appeals. While this maybe helpful to the Tribunals, it does not address the ACABQ and Member States' requests.

We reiterate our request for the above information, which we believe would be extremely useful for Member States to review prior to implementing any retention bonus. Absent more information, my delegation does not automatically support the proposition that, as we progress toward the completion of these tribunals, all or even the majority of current staff are key and need to be provided incentives to retain their services. Authorization for retention pay must address and be limited to evolving specific needs of the Tribunals as they reach the conclusion of their mandates.

Regarding the proposed retention bonus proposal, my delegation would like to receive more information regarding the correlation between how this particular bonus scheme would affect projected staff turnover. The Secretary-General's projected turnover calculations seem to be based on past Tribunal staff turnover rates and not on current human resources data focused on keeping key positions filled through the Tribunal's mandate. We would also like clarification on whether permanent staff would be eligible for retention bonuses for continuing to work at the Tribunals until they close in addition to an increase of 50% in their termination indemnities that is allowed under applicable Staff Regulations.

In conclusion, my delegation is willingly to consider seriously retention incentives that are directed to secure the retention of mission-critical staff members who have the expertise, institutional knowledge and skills necessary to ensure the effective and efficient functioning of the Tribunals through the close of their respective mandates. We look forward to the Committee's discussions on this important issue.

Thank you, Mr. Chairman.