Mr. Chairman:

The Chinese Delegation would first like to thank Ambassador Mselle, Chairman of the ACABQ, for his introduction. My delegation has carefully read the SG's reports on the ICTY and ICTR, and would like to make the following comments.

1. We are concerned about the late issuance of the SG's reports on the ICTY and ICTR. This has been the case for years. The late issuance has its chain effect. On one hand, the ACABQ does not have adequate time to consider the reports. One the other hand, the member states do not have enough time to read and digest the SG's reports and the ACABQ's reports. We note that the ACABQ's report on the ICTY and ICTR became available only on Wed. this week. My delegation would like to recall para 3 of the GA Resolution 54/239. The paragraph requests that the reports on the International Tribunals be submitted before Oct. 1 each year. We do not know why the resolution was not complied with, and hope that the Secretariat will give us an explanation.

2. We are deeply concerned with the magnitude of increase in resource levels for the ICTY in 2002-2003 as proposed by the SG in his report. The net sum of resources proposed for the ICTY is $229,787,800 (after recosting), showing an increase of $30,880,500 over the net appropriation of the previous biennium. An increase of 15.5%. We understand the SG's efforts towards enhancing the Tribunal's capacity for trials. However, we must not forget that since the establishment of the tribunal, its budget requirements have increased continually, especially in recent years, and always by a large margin. Such an increase adds to the financial burden of the member states. The resource increase on the one hand, and efficiency and progress of the trials on the other, are not proportional. In this regard, the Chinese Delegation agrees with the content of para 8 of the ACABQ's report.
 
Directly related to the question of resources is the question of posts for the ICTY.  According to the SG's proposal, not including 14 judges, 9 ad litem judges, and 18 extrabudgetary posts, the assessed budget posts for the Tribunal would amount to 1,100, an increase of 132 posts over the previous biennium. An increase of posts by such a large margin does not appear to us to be convincing. When it comes to the consideration of this item, my delegation will continue to give attention to the issue in conjunction with the ACABQ's relevant recommendations.

3. On gratis personnel: As shown in Annex 7 to A/56/495, Add/1, 97 gratis personnel were assigned to the Tribunal. Our question is: How were these gratis personnel selected? Which countries were they from? Was the duration of their assignment in conformity with the six-month short-term basis contractual arrangement proposed by the SG? We express our concern over this question.

In addition, we also note that, as of June 30, 2001, 40 interns were assigned to the Office of the Prosecutor, the various Chambers, and the Registry. We would like to seek clarification as to what was the legislative mandate behind their assignment?

In light of the above, we would like to ask the Secretariat to provide us with lists containing the follow information:

(1)The current assessed budget posts for the ICTY in a breakdown of countries; where they are from; their titles, and their levels;

(2) The gratis personnel currently working in the ICTY in a breakdown of countries; where they are from, their titles and levels, and their total number;

4.On the question of fee-splitting between the counsels and the detainees, we note that the OIOS is conducting an in-depth investigation of the matter.  We would like the Secretariat to provide us with the latest information.

5.Mr. Chairman, the Chinese Delegation is supportive of efforts made to transfer some non-critical cases to local national courts. The transfer to national courts, for instance, of accused persons of relatively low rankings, and of criminal cases having no political or military implications, can serve to reduce the pressure on the ICTY. It may also expedite the pace of trials conducted by the Tribunal, consequently lowering the ever increasing financial cost born by the Tribunal.

As with regard to the ICTR, like the ICTY, the Chinese Delegation hopes that the ICTR will enhance its efficiency in conducting the trials, that it will expedite the trial proceedings within existing resources, and complete its work as soon as possible.

Mr. Chairman, these are the preliminary remarks on this question by the Chinese Delegation.

Thank you, Mr. Chairman.